The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
- This Sale Agreement is a legal contract between the Customer and Donk Productions LLC. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on this Site. (References to "you" or "your" shall relate to the Customer; references to "Donk Productions" shall relate to Donk Productions LLC.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and Donk Productions relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Donk Productions. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Donk Productions. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control. THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF KANSAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN JOHNSON COUNTY, KANSAS FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT. Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. DONK PRODUCTIONS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. DONK PRODUCTIONS WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, DONK PRODUCTIONS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. DONK PRODUCTIONS WILL NOT BE LIABLE FOR ANY EQUIPMENT DAMAGE, INJURY, OR LOSS OF LIFE RESULTING FROM THE USAGE OF ANY PRODUCT ON THIS SITE.
- Copyright
- All content appearing on this Web site is the property of Donk Productions 11184 Antioch Overland Park, KS 66210Copyright © 2005-2006. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright ®2005 Donk Productions. All rights reserved.
- Use Of Site
- This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Donk Productions and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Donk Productions believes that customer conduct violates applicable law or is harmful to the interests of Donk Productions and its subsidiaries.
- Privacy Policy
- Donk Productions is committed to protecting your privacy. Your personal information is only used to process your order and will not be disclosed to any outside parties. How much information must you share? The amount of information we collect depends on your order. We collect information needed for secure ordering and customizing your experience. What additional information do you collect? IP address - We use IP addresses to measure our site traffic and to help prevent ecommerce fraud. Your IP address is not linked to your customer information. Referral site - If you come to our site via a link, the location of the referral is captured. This is used to help us know where our users come from. Browser type - This information is captured to help us optimize our site to match the latest technology used by our customers. Is your information used for any other purpose? We require only the personal information that is needed for safely processing your online order and for contacting you about your transactions. It is used exclusively for that purpose. Will your information be given to any other party? Your personal information is not shared with any other party. What about e-mail? When you purchase online from Donk Productions, we will contact you by e-mail to confirm your order and to update you on the status of your order. Your email address will never be used for any other purpose and will never be provided to outside parties. How do we protect your information? We employ powerful encryption technology and Secure Socket Layers (SSL) in all areas where your personal identity is required. This is your assurance that our site is authentic and that we're employing SSL security. You can check this security protection setting within your browser. To view the certificate, click on the image of the closed lock or the solid key at the bottom of your browser. Your account information and order history are kept behind our firewall on separate servers. In addition, access to your personal information is restricted within our company to provide maximum security. What if you change how you use my information? If we change how we use your personal information, we will notify you by prominently posting notice of the change to this site. How do you give us feedback? Simply send us feedback using our contact page. Please note that feedback given in this manner becomes property of Donk Productions and may be used for promotional purposes. If you prefer not to have your comments used in this manner, simply indicate your preference at the top of your message. Questions?: Please feel free to contact us via email or telephone.
- Consumer Agreement
- All pricing is subject to change. For all prices, products and offers, Donk Productions reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome. While Donk Productions uses reasonable efforts to include accurate and up-to-date information on the Site, Donk Productions makes no warranties or representations as to the Site's accuracy. Donk Productions assumes no liability or responsibility for any errors or omissions in the content on the Site. Donk Productions accepts the following forms of payment for the purchase of goods or services: MasterCard and Visa credit cards. Credit cards will not be charged until your order is ready for shipment, unless product customization is required. Donk Productions does not apply any surcharge for credit cards. Electronic checks. Electronic checks are processed in the same manner as credit cards and can be performed over the phone or via our webstore. Personal checks or cashiers checks drawn on US funds. Please allow at least 10 business days for personal checks to clear before package shipment. Money orders drawn on US funds. Wire transfer. Please contact us for details.
- Shipping & Delivery
- At this time, Donk Productions ships merchandise only to locations within the continental United States and not to international locations. Nor does Donk Productions ship to Alaska, Hawaii, Puerto Rico, Guam or the US Virgin Islands. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
- Sales Tax
- Orders are not binding upon Donk Productions until accepted by Donk Productions. Terms of payment are within Donk Productions' sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Donk Productions may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums up to the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
- Warranties
- The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Donk Productions makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Donk Productions SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Donk Productions BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. -- OR Depending on State -- The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Donk Productions. The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Donk Productions is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Donk Productions. The inclusion of material on this server does not imply any endorsement by Donk Productions, which makes no warranty of any kind with respect to the subject matter of the server materials advertised. A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Donk Productions tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct
- Return Policy
- Please contact us to obtain a Return Merchandise Authorization (RMA) number before shipping defective or non-defective products back to Donk Productions. NO returns of any type will be accepted without an RMA number. For faster service, please include the following information when emailing your request for an RMA number: Customer Name, Invoice Number, and nature of the problem. All products returned MUST: be 100% complete, contain ALL original boxes and packing materials, contain all manuals, and contain other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items; Donk Productions will match your shipping method on your replacement or exchange item(s). Donk Productions strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection. If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package, make sure it is noted on the carrier's delivery record in order for Donk Productions to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify Donk Productions immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify Donk Productions of damaged goods within the first 15 days of arrival, our regular return policy will override any claim of damage. Contact us to arrange for carrier inspection and a pick up of damaged merchandise. Defective returns can be returned to Donk Productions within 30 days from the invoice date for: Credit, replacement, exchange or repair. Videos that have been opened and viewed can only be returned if defective. Non-defective returns can be accepted by Donk Productions within 30 days from the invoice date, at Donk Productions' discretion for: refund, credit, replacement, exchange, or repair. All non-defective returns are subject to a 15% restocking fee. Donk Productions reserves the right to authorize product returns beyond 30 days from the invoice date. If the product is accepted after 30 days, credit will be issued toward future purchases only. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Donk Productions on returned items, and Donk Productions will pay the shipping charges on the replacement or exchange item(s) sent back to customer.
- Miscellaneous
- VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Donk Productions and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited. GOVERNING LAW: In the event of litigation both parties agree that the Law of KS shall apply and both parties consent to the jurisdiction of the state courts of Overland Park, KS, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury. MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Donk Productions with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Donk Productions with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Donk Productions. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
