Conditions & Refunds
Terms of Use - www.kellac.com
Last Revised December 2012

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

Welcome to KEL-LAC Uniforms, Inc.’s (KEL-LAC) website located at www.kellac.com ("Site").  These Terms of Use ("Terms") apply exclusively to your access to and use of the Site.  The Terms do not alter in any way the terms or conditions of any other agreement you may have with KEL-LAC, or its subsidiaries or affiliates, for products, services or otherwise (for example, myFORCE Apparel).  If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and KEL-LAC for its violations of these Terms.

These Terms are separated into two parts.

Part 1 applies to all users, but Part 2 only applies to those who make a purchase with us. KEL-LAC reserves the right to change or modify these Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site.  If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your account.

If you have any questions regarding the use of the Site, please call us at 800-531-5529.  
 
Table of Contents

Part One – Terms for All Site Users

1. Privacy Policy
2. Eligibility, Registration and Account
3. Ownership of Site Content
4. Repeat Infringer Policy; Copyright Complaints
5. Trademarks
6. Patents
7. Hyperlinks
8. User Content and Interactive Features or Areas
9. Rights in User Content and Submissions
10. Product Reviews
11. User Conduct
12. No Third-Party Beneficiaries
13. Indemnification
14. Disclaimer
15. Limitation of Liability
16. Modifications to Site
17. Applicable Law and Venue
18. Termination
19. Severability

Part Two – Terms for Users Making Purchases

PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITE.

20. DOD Email Address Request
21. Pricing and Availability
22. Errors
23. Out-of-Stock Items; Backorders
24. Sewing & Alterations of Uniforms
25. Order Cancellations
26. Agreement to Conduct Transactions Electronically; Recording; Copies
27. Shipping & Handling; No Export by You
28. Payment; Credit for Refunds
29. Return and Exchanges
30. Complaints and Legal Notices
31. Exclusivity of Remedy; Limitation of Liability
32. Marketing Campaigns
 
Part One – Terms for All Site Users

1. Privacy Policy

Please refer to our Privacy Policy for information on how KEL-LAC collects, uses and shares personally identifiable information from its users.

2. Eligibility, Registration and Account

The Site is not targeted towards, nor intended for use by, anyone under the age of 13.  By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Site.  In addition, you may not make a purchase from the Site unless you are at least 18 years of age.  You also represent and warrant that you, (a) have not previously been suspended or removed from the Site; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

In order to create a profile on the Site, you will need to register for an account.  When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner.  We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

In consideration of your use of the Site, you agree to, (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to KEL-LAC; and (d) promptly notify KEL-LAC if you discover or otherwise suspect any security breaches related to the Site.

3. Ownership of Site Content

Unless otherwise indicated in the Site, the Site and all content and materials on the Site, including but not limited to the KEL-LAC logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of KEL-LAC Uniforms, Inc. and its affiliates, licensors, and suppliers, and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sub licensable license to access and use the Site and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use.  Such license is subject to these Terms and excludes: (a) any resale of the Site or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Site and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Site, the Site Content or any information contained herein, except as expressly permitted on the Site or pursuant to separate terms; or (g) any use of the Site or the Site Content other than for its intended purpose.  Any other use of the Site or the Site Content, without the prior written permission of KEL-LAC, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise.  This license is revocable at any time.

4. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, KEL-LAC has adopted a policy of terminating, in appropriate circumstances and in KEL-LAC's sole discretion, account holders who are deemed to be repeat infringers.  KEL-LAC may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.

Company:    KEL-LAC Uniforms, Inc,
Attention:    E-commerce Officer
Address:    7016 Hwy 90 West, San Antonio, TX  78227
Phone:        (210) 674-0511
Fax:        (210) 675-6138

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.  We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records.

5. Trademarks

"KEL-LAC," "KEL-LAC Uniforms," "myFORCE," the KEL-LAC and myFORCE logo and other KEL-LAC product or service names, logos or slogans that may appear on this Site are trademarks or registered trademarks of KEL-LAC Uniforms, Inc. or its subsidiaries in the United States and other countries and may not be copied, imitated or used, in whole or in part, without the prior written permission of KEL-LAC or the applicable trademark holder.  You may not use any metatags or any other "hidden text" utilizing "KEL-LAC" or any other name, trademark or product or service name of KEL-LAC without our prior written permission.

In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of KEL-LAC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by KEL-LAC.

If you believe that anything on the Site infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section
4. A proper notification should contain the same elements required for copyright complaints - please see 17 U.S.C. §512(c)(3).

6. Patents

One or more patents apply to the Site and to the features and services accessible via the Site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; 6,029,142 and all corresponding foreign counterparts.

7. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray KEL-LAC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

You may not use a KEL-LAC logo or other proprietary graphic of KEL-LAC to link to this Site without the express written permission of KEL-LAC.  Further, you may not use, frame or utilize framing techniques to enclose any KEL-LAC trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without KEL-LAC's express written consent.

KEL-LAC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of KEL-LAC and KEL-LAC is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. KEL-LAC provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by KEL-LAC of any site or any information contained therein.  When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

8. User Content and Interactive Features or Areas

The Site may include discussion forums, blogs, profiles, product reviews or other interactive features or areas, including KEL-LAC's Online Community (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Site ("User Content").  User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your KEL-LAC.com account information (also known as "Your KEL-LAC Online Account" or "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.

By using any Interactive Areas (for example: Facebook, Twitter, YouTube, etc), you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through these Site(s) any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
• User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to KEL-LAC or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here);
• User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
• User Content that, in the sole judgment of KEL-LAC, restricts or inhibits any other person from using or enjoying the Site or which may expose KEL-LAC or its users to any harm or liability of any type.

KEL-LAC takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is KEL-LAC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  If you become aware of User Content that violates these Terms (with the exception of copyright and trademark infringement which is addressed in Sections 4 and 5), you may report it by clicking on the "Flag as Inappropriate" link.  Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by such Terms.  Although KEL-LAC has no obligation to screen, edit or monitor any of the User Content posted on the Site, KEL-LAC reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense.

Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect KEL-LAC's systems and customers or to ensure the integrity and operation of KEL-LAC's business and systems, KEL-LAC may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history and posted User Content. KEL-LAC's right to disclose any such information shall govern over any terms of KEL-LAC's Privacy Policy.
 
9. Rights in User Content and Submissions

Except as otherwise provided herein, on the Site or in a separate agreement (such as the rules of a KEL-LAC photo contest), KEL-LAC claims no ownership or control over any User Content. However, by submitting or posting User Content on the Site, you grant KEL-LAC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to KEL-LAC at the time you upload your content. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.

By posting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post and use such User Content to the Site and to grant the rights to KEL-LAC that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms, our Site Rules or any applicable law, rule or regulation. Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Site, KEL-LAC or KEL-LAC's products or services that are provided by you, whether by email, posting to the Site or otherwise ("Submissions"), are non-confidential and shall become the sole property of KEL-LAC.  KEL-LAC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us a Submission if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.

10. Product Reviews

We may provide specific opportunities for you to tell KEL-LAC and other KEL-LAC members or users what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures).  All Product Reviews are strictly the opinion of the user posting such reviews, and KEL-LAC does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to "power" or provide the opportunity to review products or services.  In that case, you will also need to review the terms of service for that third party's website, including its privacy policy, to determine whether they are acceptable to you.  If they are not, do not use its site or provide Product Reviews.
 
11. User Conduct

You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree to abide by our Site Rules and not to:

• Use the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
• Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Site for the purposes of sending spam;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
• Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
• Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• Use or attempt to use another's account without authorization from KEL-LAC;
• Attempt to circumvent any content filtering techniques we employ or access any service or area of the Site that you are not authorized to access;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• Develop any third-party applications that interact with User Content and our Site; or
• "Frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

KEL-LAC is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is KEL-LAC responsible or liable for any associated loss, damage, injury or harm. Although KEL-LAC has no obligation to monitor any user conduct on the Site, KEL-LAC reserves the right and has absolute discretion to monitor any user conduct on the Site at any time and for any reason without notice. KEL-LAC does not approve or endorse any user-posted meetings or events referenced on the Site and KEL-LAC recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.

12. No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

13. Indemnification

You agree to defend, indemnify and hold harmless KEL-LAC, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Site; (c) any Submissions you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

14. Disclaimer

Except as expressly provided, the Site, Site Content, User Content and services provided on or in connection with the Site (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. KEL-LAC DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. KEL-LAC does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. KEL-LAC does not represent or warrant that the Site or its servers are free of viruses or other harmful components.

Except as expressly provided, the Site, Site Content, User Content and services provided on or in connection with the Site (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. KEL-LAC DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. KEL-LAC does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. KEL-LAC does not represent or warrant that the Site or its servers are free of viruses or other harmful components.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Limitation of Liability

IN NO EVENT SHALL KEL-LAC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM KEL-LAC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KEL-LAC'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KEL-LAC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KEL-LAC FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

16. Modifications to Site

KEL-LAC reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that KEL-LAC will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

17. Applicable Law and Venue

These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of Texas, applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Bexar County, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

18. Termination

Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, KEL-LAC reserves the right, without notice and in its sole discretion, to terminate your right to use the Site or any portion of the Site and to block or prevent your future access to and use of the Site or any portion of the Site.

19. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
 
Part 2 – Terms for Users Making Purchases

PART 2 APPLIES IN ADDITION TO PART 1 IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH KELLAC.COM.

20. DOD Email Address Request

Since some of our products can be purchased for official government use, it is necessary for us at times to confirm your agency or military affiliation. One way we accomplish this is with a valid agency or DOD e-mail address. Therefore, we may request this from you if you register with a web-based email account and are purchasing Mil-Spec items.

21. Pricing and Availability

All prices are shown in U.S. dollars, taxes, shipping and handling charges are additional.  All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order.  All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens.  Several factors may cause this, such as variances between processor programs and changes in tax rates.

Additionally, many products displayed on our Site are also available in KEL-LAC retail stores while supplies last, but you should not assume that what you see on the Site can always be seen in our stores.  Prices displayed on the Site may vary from those in the store.

22. Errors

We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

23. Out-of-Stock Items; Backorders

When a product selection is made from the item drop-down menu, and the item is out-of-stock, a message will appear as follows –  

The product you have chosen is out of stock. Please check back. Thank you!

However, with over 15,000 colors, styles and sizes to choose from, we can overlook out-of-stock items.  If you purchase an item that is in fact, out-of-stock, we will notify you within 48 hours.  If the item you’ve selected is discontinued from the manufacturer, we will cancel the item from your order, and provide a full refund or credit.  If the item you ordered is in route from the manufacturer, the item will be placed on backorder.  The backordered item will be filled and shipped on a first in, first out basis.
 
24. Sewing and Alterations of Uniforms

As a professional courtesy to our customers, KEL-LAC provides the sewing of chevrons, name tapes, badges and other tailoring options.  This process can take up to 10-15 business days.  Please be advised that any order requiring sewing and that are requested to be shipped UPS Next Day or 2nd Day Air, does NOT expedite our sewing process.  These shipping methods only insure you will receive the order much sooner than if the order shipped UPS Ground.  If your order needs to expedited, please call us at 1-877-650-6507, and we will make arrangements for you.

25. Order Cancellations and Restocking Fee

Order cancellations for any reason, are subject to a 3.5% fee (example - $100.00 would be $3.50).  This fee allows us to recoup administrative expenses incurred while handling your request.  What’s more, a restocking fee will be assessed of up to 10% of your total order amount for cancellations that are by no fault to KEL-LAC.

26. Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

27. Shipping & Handling; No Export by You

When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed.  We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service.  When you ask us to ship to a KEL-LAC store for pick-up, shipping is free (however, some exclusions may apply, and we reserve the right to add shipping and handling charges once we post them on the Site).

Generally, shipping is by standard UPS or USPS ground delivery.  Any shipping or handling charges may or may not reflect actual costs.  All orders are shipment contracts, not destination contracts, including orders shipped to a KEL-LAC store for pick-up.  Any shipping times shown on the Site are estimates only - actual delivery dates may vary.  You agree that you will not obtain or direct shipment of product for export.

28. Payment; Credit for Refunds

Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

29. Return and Exchanges

KEL-LAC has a 100% Satisfaction Guarantee, and we have a 30 day return policy.  Returns can be in the form of a Refund, Store Credit or Exchange.   A full refund will only be provided when proof of purchase (usually in the form of a sales receipt) is present, and the original retail packaging is not damaged.  For apparel and uniform items, the manufacturer's hang tags must be present.  The garment(s) must not have been tailored, laundered, soiled or show signs of wear.  

Store Credits and Exchanges - if for some reason you are unhappy with your purchase, you may return the item for an in-store credit to be used toward a new purchase.  However, uniforms that have been laundered soiled or damaged, or footwear that shows obvious signs of wear cannot be returned or exchanged.  Footwear manufacturers will honor their boots against manufacturer defects up to 1 year.  Defects are defined as clear signs of manufacturing errors.  It does NOT refer to comfort issues with the boot or shoe.  We recommend that you wear your boots or shoes around the house for at lease 2 days to determine if the boots or shoes meet your desired comfort level.  

If you believe a product sold by KEL-LAC has a condition or defect that might make it unsafe, please report this safety concern immediately calling 1-800-531-5529.

30. Complaints and Legal Notices

All complaints and legal notices should be mailed to KEL-LAC Uniforms, Inc., Attn: Customer Service Complaints, 7016 Hwy 90 West, San Antonio, TX 78227, or contact the Office of the Attorney General, Consumer Protection Division, PO Box 12548, Austin, TX 78711-2548 or go online at https://www.oag.state.tx.us/forms/cpd/form.php.

31. Exclusivity of Remedy; Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY, AND KEL-LAC'S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND FOR THE SERVICE UNDER THE KEL-LAC RETURNS AND EXCHANGES POLICY. IN NO EVENT SHALL KEL-LAC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF KEL-LAC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

32. Marketing Campaign

During the course of the year, KEL-LAC Uniforms, Inc. may use Constant Contact or other forms of email makerting to reach out to our customers.  If we do, your email address and / or mailing address will be used in this effort.  You will be given the opportunityt to opt-out of these marketing efforts at any time.  KEL-LAC understands the need for customer's personal information to remain private, and will never sell your data to a third party company.  If we do share your data with a third party provider, it will be with used only in conjunction with our marketing efforts in order to effectively communicate with our customer's.