Conditions of Use Agreement (Also referred to as "Terms of Service" , “Terms and Agreements” or "TOS")
Overview: By using the BrassKnucklesCompany.com website or purchasing a Product from The Brass K Company, LLC you are affirming that you are over 18 years of age, have read and agree to the following Terms and Conditions and are fully knowledgeable of all local, state, federal or other laws, statues and regulations applicable to the possession, use, import, sale or purchase of products you order. You agree to hold Brass Knuckles Company blameless for any misrepresentations you make when creating an account or placing an order as well as any infractions of laws you commit as a result.
Updated April 2 2023
1. Introduction. This website, www.brassknucklescompany.com, (the “Website”) permits users like you to purchase products, in accordance with the terms of these Terms and Conditions (the “Agreement”).
2. Legal Agreement.
(a) Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” or “your”) and The Brass K Company, LLC (“Brass Knuckles Company” or “ we” or “our” or “us””) a South Dakota limited liability company.
(b) The effective date of this Agreement (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as written, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately. You agree that by using the Website, such use constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. Brass K Company, LLC and you are individually, a “party” and collectively, the “parties.”
(c) You agree that any purchase of Products from us, whether through the Website, our retail store, or otherwise, shall be governed by this Agreement.
(d) By placing an order for products from the website you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms.
You may not order or obtain products or services from the website if you (a) do not agree to these terms; (b) are not the older of (I) at least 18 years of age or (II) legal age to form a binding contract with The Brass K Company LLC; or (c) are prohibited from accessing or using the services or any of the site's contents, products, goods or services by applicable law.
3. Privacy Policy. Your access to the Website and purchase of the Products shall be governed by this Agreement and also by the Privacy Policy. The Privacy Policy also describes how The Brass K Company LLC collects and uses information you post to the Website or provide to us. This Agreement and the Privacy Policy may be collectively referred to as the Agreement, and are intended to be read together. A Privacy Policy link is available at the bottom of the website at all times.
4. Terms and Termination. The term of this Agreement shall begin on the Effective Date and continue until terminated as expressly provided in this Agreement (the “Term ”). This Agreement and the Privacy Policy shall run concurrently and if either terminates, then the other shall automatically terminate. You may terminate this Agreement at any time by delivering an email to us at the address listed in the “contact us” section of the Website. The Brass K Company LLC may immediately terminate this Agreement as required by law or due to your breach of any provision of this Agreement in The Brass K Company LLC’s determination. Termination will become effective immediately. Upon termination, all rights granted by Brass Knuckles Company to you under this Agreement, including your use of the Website, shall immediately terminate, and you will not be allowed to use the Website or purchase Products. The following Sections of this Agreement shall survive termination or expiration of this Agreement for any reason: 4, 6, and 16 -26.
5. Updates to this Agreement. BRASS K COMPANY LLC RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. The Brass K Company LLC may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Products at any time.
6. Prohibited Uses.
(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).
(b) You shall not use the Website or Products: (i) to harass, intimidate, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, pornographic, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.
(c) You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, The Brass K Company LLC’s (i) Website, including its components or contents, in whole or part, (ii) Products, or (iii) trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “ Intellectual Property”).
(d) Except as expressly stated in this Agreement, The Brass K Company LLC does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by The Brass K Company LLC to you under this Agreement are expressly reserved to The Brass K Company LLC.
7. Orders. You must be at least 18 years old to buy any Products from The Brass K Company LLC. Some Products on the Website may be prohibited in your or other areas. You agree to be responsible for ascertaining and obeying all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website. you warrant and represent that you will use the Product in a lawful manner, that you are legally qualified to purchase and possess the Product at the time you place the order.
8. Locksmithing Device. By placing an order for a locksmithing device, you warrant and represent that you will use the locksmithing device in a lawful manner, that you are legally qualified to purchase and possess the locksmithing device at the time you place the order and that you are a
(a) a lock manufacturer or distributor;
(b) a bona fide locksmith;
(c) a bona fide repossessor; or
(d) a motor vehicle manufacturer or dealer.
9. Legal Disclaimers. The Brass K Company LLC offers no legal advice regarding laws applicable to your purchase of Products. We have provided general information herein to you of federal laws that may affect your purchase. It is your responsibility, as the buyer, and not The Brass K Company LLC, as the seller, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
10. Change and Cancellation Policy. In most cases orders can not be canceled or changed by you after being submitted through our Website. If an order has not yet been shipped we may be able to change and/or cancel the order at our discretion. All canceled orders are subject to a 20% cancellation fee. If you would like to cancel or change your order you must contact us via the "Contact Us" form on our Website. Once an order has been shipped the contents and delivery address can not be changed or and the order can not be cancelled but it may be returned to us for a refund or exchange in accordance with the terms in section 15 of this agreement.
11. Payment.
(a) We accept Visa, Mastercard, Discover, and American Express branded debit, credit and gift card. By ordering with a credit card you agree that you are authorized to use such credit card and, if there is a billing dispute, to handle any billing disputes directly with us.
(b) We also accept US denominated Money Orders.
(c) The Brass K Company LLC reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer's order and the transaction will be subject to a 20% cancellation fee.
12. Shipping - Domestic Orders.
(a) For more information concerning shipping, please visit our please visit the SHIPPING AND RETURNS page on the Website for complete information.
(b) The Brass K Company LLC makes no guarantees about shipping time. We will attempt to stay within the specified time frames indicated on the Website; however, delays may result from occurrences, such as, without limitation, customer verification, declined credit cards, restricted Products, legal prohibitions, product unavailability, acts of God, and other force majeure events.
(c) Product orders are shipped with “no signature required” and you accept all responsibility pertaining to loss, theft or damage or misdelivery. If you pay for shipping, risk of loss and title to the Products transfers to you upon our tender of the Products to the courier; and, if we pay for shipping, risk of loss and title to the Products transfers to you upon delivery of the Products by the courier.
(d) If the Product order value is $69 or more (exclusive of shipping or taxes), then the “Free Shipping within the USA” shipping option because available at checkout. When the “free shipping” shipping option is selected, we will ship orders via FedEx, UPS, DHL, or USPS, at our discretion. If the Product order value is less than $69, or if you are shipping to a non-USA address, then you pay for the shipping.
(e) Shipping Restrictions. There are some geographic areas where we do not ship certain Products. If you provide an address we do not ship to we will contact you via email. You have the option of providing an alternative shipping address, accepting alternative products or requesting a cancellation subject to a 20% fee. If you do not contact us within 30 days with a response then we will issue a store credit that can be applied to a future purchase or, at our discretion, we will convert your order to a LOCAL PICKUP order and the Products can be picked up at our SIOUX FALLS, SOUTH DAKOTA location.
(f) Address Verification. In many cases, orders that are placed with a shipping address that is not authorized by the credit card issuer are subject to shipping delays, verification emails/telephone calls and/or cancellation. Additionally, orders that are shipped to an address other than the authorized billing address are subject to shipping delays and verification. In situations where we cannot confirm the validity of an order or we suspect fraud, the order will be canceled. If you provide a shipping address that is not authorized by the credit card issuer we reserve the right to ship to your verified credit card billing address instead.
(g) You agree to provide a valid, deliverable shipping address when submitting your order on our Website. If a package is returned to us by the shipping service due to an invalid or undeliverable shipping address or due to a package being left unclaimed, we will contact you to arrange to have the order reshipped at your expense. We will email a link to a "shipping fee" and ask customer to checkout again to cover the cost of reshipping the package to the new preferred address. If you requests to cancel the order rather then pay for reshipping the refund is subject to a 40% processing, restocking and mail forwarding fee and the shipping fee will not be included in the refund.
(h) Combined or Split Shipping. We may choose to ship your single order in multiple packages or combine your multiple orders with the same shipping address into a single package for shipping.
13. Shipping - International Orders. International purchasers assume all risk of loss, theft, customs seizures, clearance, duties, levies, fees, taxes, storage charges, broker fees, and the like associated with international shipments (the foregoing collectively, “International Shipping Events”), and you agree that The Brass K Company LLC shall not be held liable for any International Shipping Events. There are some countries where we do not ship certain Products. If you provide an address we do not ship to you have the option of providing an alternative shipping address, accepting alternative products or requesting a cancellation subject to a 20% fee.
14. Product Warranty. Some products may be covered under warranty by their respective manufacturers. For more information, please contact the manufacturer. Except as expressly stated herein, no further warranties apply. Products with an item number starting with “BKC” (EX. BKC-001) come with a lifetime replacement warranty. If the Product is damaged or broken we will exchange the Product for an equivalent or similar Product. The return must be made by the original purchaser and you must include a valid order/invoice number or copy of your sales receipt. The shipping costs of returning the damaged Product to us and sending the replacement Product to you are both your responsibility.
15. Returns and Exchanges.
(a) Purchased Products are eligible for return or exchange if returned to us within 60 days of the date of delivery to the your address, as confirmed by the carrier tracking number. You must obtain a Return Authorization before shipping your Product back or your return will not be accepted. To obtain a Return Authorization, please contact us at the information provided in the “contact us” section of the Website.We strongly recommend you insure any package being returned to us. You are responsible for the cost to ship and insure your package. We are not liable if your return is lost, destroyed, or damaged. You are responsible for shipping the Product back to us in brand new, unused condition at your expense. We do not reimburse shipping costs for returned Products. Products must be shipped to a special RMA address that you will be giving upon authorization of your return. If an Product is returned without authorization customer will not be refunded for that Product and the Product will not be returned. All returns must be identified with a corresponding invoice/order number.
(b) Product exchanges are accepted if within 60 days. Upon receipt of your returned Product you will be issued a store credit that can be applied toward your next order therby facilitating the exchange. You must obtain a Return Authorization number before shipping your Product back or your exchange will not be accepted. To obtain a Return Authorization number, please contact us at the information provided in the “contact us” section of the Website. There are no restocking fees for exchanges if returned in new, unused condition. We strongly recommend you insure any package being returned to us. You are responsible for the cost to insure your package. We are not liable if your return is lost, destroyed, or damaged. If the Product is being returned for a refund, it will be subject to a restocking fee. Products must be shipped to a special RMA address. If an Product is returned without authorization you will not be refunded for that Product and the Product will not be returned. All exchanges must be identified with a corresponding invoice/order number.
(c) If the returned Product is not in new and unused condition we may choose to refund, or issue store credit, for all or only a portion of the original sales price. Other factors that reduce a returns value include but are not limited to: missing or damaged product packaging, seasonal Products, limited editions, clearance Products, free shipping option selected. We may impose a 15% restocking fee on non-defective Products. Once we receive the Product, we will issue a refund within 30 days. Your refund will be issued in the same form payment was received, unless other arrangements have been made with us. We do not reimburse shipping costs for returned Products. The shipping fee for your order is non-refundable. You will be refunded for the Product only. If you return a Product that we shipped to you for free because you selected a "free shipping option" at checkout then your refund will be reduced by the amount of the actual shipping cost we incurred. We strongly recommend you insure any package being returned to us. You are responsible for the cost to ship, insure and track your package. We are not liable if your return is lost, destroyed, or damaged.
(d) Returns of customized or engraved Products are not accepted.
16. Representations and Warranties. By placing an order, you warrant and represent that you will use the Products in a lawful manner and that you are of legal age to purchase and use the Products and are otherwise legally qualified to purchase and possess the Products at the time you place the order.
17. Law Enforcement. Anyone known or believed to use the Products other than for the Purpose, or to provide false information, or to attempt to defraud us in any way will be reported to the proper authorities. You understand and agree that The Brass K Company LLC monitors usage on the Website and of purchase of Products and that, in accordance with the terms of this Agreement and the Privacy Policy, we may share your use of the Website and purchase of Products Services, including Personal Information (as defined in the Privacy Policy), with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Website or Products is for an unlawful purpose. We may also share your use of the Website and purchases of Products, including Personal Information, to third parties without your prior consent as required by law, a court order, a subpoena, legal process, governmental request, to investigate fraud, or as The Brass K Company LLC determines is necessary or advisable to protect its interests or your safety or the safety of others.
18. Indemnification. You shall defend, indemnify, and hold harmless The Brass K Company LLC and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
19. Disclaimer of Warranties.,
(a) EXCEPT AS EXPRESSLY STATED HEREIN, THE BRASS K COMPANY LLC: (A) PROVIDES ACCESS TO THE WEBSITE AND THE PRODUCTS ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE PRODUCTS, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND THE PRODUCTS. EXCEPT AS EXPRESSLY STATED HEREIN, BRASS KNUCKLES COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ANY THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, WEBSITE DOWNTIME, OUTAGES, WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation, and stock discrepancies) are inevitable. The Brass K Company LLC is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, The Brass K Company LLC will not be held liable for the misuse of any Product purchased from us or any of our distributors and dealers.
20. Limitations of Liability.
(a) THE BRASS K COMPANY LLC SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BRASS KNUCKLES COMPANY’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BRASS KNUCKLES COMPANY UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
21. Compliance with Applicable Law. Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed below in our case, and to the address you listed at time of last purchase in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.
Brass K Company LLC
25 First Ave. SW STE A,
Watertown, SD 57201
22. Independent Parties. Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between The Brass K Company LLC and you.
23. Dispute Resolution. This Agreement and Privacy Policy shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any applicable conflicts or choice of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“ UCITA”) shall apply. For any dispute arising out of or in connection with this Agreement or the Privacy Policy, the parties hereto irrevocably consent to binding arbitration in Kentucky, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such city is inconvenient. You understand that you hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Agreement or the Privacy Policy. The prevailing party in any such arbitration action shall be entitled to collect from the non-prevailing party, in addition to any award, all reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees and court costs.
24. Complete Agreement. This Agreement and the Privacy Policy, and references to pages and sections on the Website, contain the entire agreement of the parties and supersedes any and all other agreements, whether oral or in writing, between the parties concerning the subject matter hereof. Without limiting our rights under Section 5 above, any other modification of this Agreement or the Privacy Policy shall be effective only if in a writing signed by the parties. In the event of conflict between this Agreement and the Privacy Policy/pages and sections of the Website, this Agreement shall prevail.
25. Severability. If any provision of this Agreement or the Privacy Policy is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
26. Assignment. You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of The Brass K Company LLC.
27. Governing Law and Venue. These Terms and the relationship between you and us will be governed and construed in accordance with the laws of South Dakota, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the state and federal courts of South Dakota. If any provision for these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
28. Release, Assumption of Risk, Waiver of Liability and Indemnity Agreement. By purchasing any Products sold by The Brass K Company LLC, the buyer expressly warrants that he/she is in compliance with all applicable International, Federal, State, and Local Laws and regulations regarding the purchase, ownership, and use of Products. It shall be the buyer’s responsibility to comply with all International, Federal, State, and Local Laws governing the sale of any Products listed, illustrated or sold. The buyer expressly agrees to indemnify and hold harmless The Brass K Company LLC, for all claims resulting directly or indirectly from the purchase, ownership or use of the Product in violation of applicable International, Federal, State, and Local Laws or regulations or from any misuse or mishandling. The Brass K Company LLC, does not warrant that a person may legally purchase, possess, or carry any specific Products offered, according to federal, state or local laws. The Brass K Company LLC makes no representation or warranty, express or implied, as to any matter not expressly provided herein, including without limitation, the condition, quality, design, or fitness of the Products for use or any particular purpose. By acceptance of the Product, purchaser agrees that The Brass K Company LLC shall have or has no liability to purchaser or any person whatsoever for any claim, loss, injury damage or expense arising from handling, use, display, or storage of the Product.
The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. The Brass K Company LLC will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products.
Should any shipments be confiscated, The Brass K Company LLC, will be held harmless, and assume no liability for the merchandise.
29. California Prop 65 Statement: “Warning: Some products we sell may contains a chemical known to the State of California to cause cancer.”
