General Terms & Conditions
1. Content of the On-line offer
The information and statements in this Web site are given without warranty or guarantee. Wind Restrictor accepts no liability for the topicality, correctness, completeness or quality of the information presented on our Web site. Claims for liability against Wind Restrictor are in principle excluded, providing no gross negligence or intention on the part of Wind Restrictor can be proven. This covers claims for material or notional damages which may occur through use or non-use of the presented information, or through the use of faulty or incomplete information. All offers are non-binding and subject to change. Wind Restrictor explicitly reserves the right to change, to extend, to delete or to remove temporarily or permanently from publication parts or all of the offers made without any special advance announcement.
2. References and Links
With direct or indirect references to remote Internet pages ("links") which lie outside Wind Restrictor's area of responsibility, liability for the contents of the remote web site can only be accepted for those web sites for which Wind Restrictor was aware of and familiar with the contents, and for which he could be assumed to have been able to prevent the use of such sites in the event of illegal contents. Wind Restrictor herewith explicitly declares that at the time of setting the links, no illegal content on any of the linked pages could be identified. Wind Restrictor has no influence over the current and future layout, the contents, or the copyright of the linked/connected pages. Therefore Wind Restrictor herewith disclaims all responsibility for all contents of all linked/connected pages which were changed after setting the link. This declaration applies to all references and links set within his own Internet offering as well as for visitor entries that may be made in guest books, discussion forums and mailing lists set up by Wind Restrictor. The promoter of the web site on which illegal, faulty, or incomplete contents are presented, is solely liable for damages which may in particular arise from use or non-use of such presented information, not the promoter of the web site who only makes links to such web sites.
3. Copyright and Trademarks
Wind Restrictor endeavors to recognize the copyright, in all publications, of the graphics, audio documents, video sequences and texts that are made use of. Where possible, Wind Restrictor uses his own graphics, audio documents, video sequences and texts, or makes use of licence-free graphics, audio documents, video sequences and texts. All registered trademarks and product names referred to in the Internet offering are protected without reservation by the appropriate trade mark regulations and rights of ownership of the registered owners. That such trade marks and model names are referred to is in no way an indication that they are not protected by third party rights! Copyright for documents produced by Wind Restrictor and published on these pages remains solely with Wind Restrictor of the said pages. Reproduction or appropriation of said graphics, audio documents, video sequences and texts in other electronic or printed publications is expressly prohibited without the written permission of Wind Restrictor.
4. Data Protection
In so far that the possibility exists of inclusion of personal or commercial (name, postal and/or e-mail address) information within the Internet offering, the disclosure of such information on the part of the user is explicitly at his or her discretion. Making use of and payment for all services offered may be made, as far as technically possible and reasonable, without providing such data, or by providing anonymous data as allowed.
5. Legal validity of this Liability Disclaimer
This liability disclaimer is to be taken as part of the Internet offering, to which this page refers. Insofar that parts or individual phrases of this text may not, or no longer be, or not completely reflect the currently applicable legal position, the remaining parts of the document in their content and validity remain unaffected.
King Penn Industries Inc. maintains a web site for commercial and informative purposes under the domains: www.dynamicautoconcepts.com, www.windrestrictor.com and www.kingpennindustries.com. At this/these site(s), Wind Restrictor offers customers products, principally Wind blocking devices, for purchase over the Internet and also may offer information or other automotive products.
These conditions of sale apply without exception unless otherwise explicitly agreed to in writing.
2 Product Selection
(1) The customer may select and order products offered on the web sites and domains named above.
(2) The customer is to be provided with a specific product description on the relevant page of the web sites.
(3) The customer can click on the desired product displayed on the web site page. This will be added to a virtual shopping basket and the customer will received an overview of his purchases showing the total price in US dollars when he has concluded his purchases.
(4) Prior to dispatch of his order, the customer is able to review his purchases and, if necessary, to correct any errors, in particular regarding the quantity.
3 Conditions of Sale
(1) The customer's online order is a binding offer to purchase. Within a period of 1 hour but no longer than 7 business days we will confirm this offer in writing or will dispatch the ordered goods..
(2) The Wind Restrictor Co. may substitute goods of comparable quality and prices, if the goods ordered are not available, by purchasing from the site the customer has indicated his approval of this procedure.
4 Execution of the contract
(1) Processing of orders
Wind Restrictor will process all orders through our website within a period of 14 business days and inform the customer in writing or e-mail of the estimated shipping date, if the goods ordered are not available within 14 business days and delivered immediately. Custom designed orders may take up to 4-6 weeks depending on the amount of orders we have that require custom work. Often times these orders can be shipped much sooner though.
In the event of non-availability, or discontinuation of the product, the customer will be informed within 3 business days of the order.
a) Provided the goods ordered are in stock, Wind Restrictor will ship them within 14 working days of receipt of order, without advance written confirmation of the order. For other situations, delivery will be made by or on the date quoted in the order confirmation.
b) If the customer fails to take delivery of the goods or otherwise fails to carry out his mutual responsibilities to complete the delivery process, Wind Restrictor is entitled to claim compensation for any costs incurred, including additional costs, where appropriate. The supplier reserves all rights. Provided the aforementioned conditions are fulfilled, the customer carries the risk of coincidental loss or damage of the goods at the time of failure to fulfill his acceptance responsibilities.
c) The customer's legal rights are not affected.
d) **RUSH ORDER FEE** - If you select the rush order option at checkout this means your order will go to the top of the list for production and your order WILL BE SHIPPED within 1-3 business days instead of 7-10. Shipping will still be the same method, UPS ground inside the states and USPS priority international.
(3) Costs for packing and transport.
We charge a flat rate of $25.00 USD for all packages shipped inside of the USA. International pricing is based on country location and is added to each order. For orders inside of the USA we generally use FedEx or USPS unless a special request is made. For orders shipped outside of the USA we generally use USPS. Kingpenn Industries does not take responsibility for any type of fee’s associated with International shipments. Including but not limited to DUTY TAX, TARIFFS, EXCISE TAXES, CUSTOM FEES ETC. We at KPI ship world wide on a daily basis and have received very good feedback about our shipping and delivery methods.
The charges will be paid for by the customer prior to shipment.
(4) Changes, Additions, Limitations to the Order
Customer enquiries relating to changes, additions or limitations to orders already placed will be answered by Wind Restrictor as soon as possible. If the customer requests changes, additions or limitations to products planned for delivery at least 5 working days before the scheduled dispatch of the goods, Wind Restrictor will take such requests under consideration as far as possible.
(5) Prices and Conditions of Payment
(a) The prices applicable are those displayed in the relevant pages of the Wind Restrictor Internet site at the time of receipt of the order
(b) The prices are valid for goods on the premises of Wind Restrictor in Dallas Texas, excluding costs for packing and transport. Packing and transport costs are calculated according to the conditions shown in § 4, para. 3.
(c) Wind Restrictor sends an electronic receipt to the customer for the goods ordered. This receipt is sent out once the payment has been received through our website. If you do not receive your receipt within 1 hour of your purchase please check to make sure that you used the proper email address when registering. Also, insure that you have checked your "spam box", as often times automatically generated receipts will end up there.
(d) Payment shall be made solely to the account of King Penn Industries Inc. A.K.A. Wind Restrictor and or one of its partners. If you are ordering through one of our authorized distributors payments should be made directly to them.
(e) When not otherwise agreed, payment in full is required before KPI starts any work on products. To clarify, payment in full is required for us to begin any and all projects including custom orders. KPI will never ship any custom orders without written approval from the customer. We spend time with each and every customer that has us create a custom project for them and we never make a project unless you are fully satisfied with the design. All orders are processed in the order that they are received. If you are not convinced of the exact design you want, we recommend placing your order ahead of time so that we can begin building and assembling the product at the same time you are working with our graphics department for approval.
6 Compensation and Liens
The customer has the right of compensation only when his counter-claim is legally recognized or undisputed. The customer is empowered to exercise a lien only insofar as his counter-claim is derived from the same contractual relationship.
7 Reservation of Title
(a) Wind Restrictor reserves all rights to ownership of the delivered goods until full reimbursement of all goods and services arising from the sales contract. Wind Restrictor is entitled to recover the goods when the customer fails to fulfill his contractual obligations.
(b) Until the customer acquires full rights of property, he is required to treat the goods with care. Until the customer acquires full rights of property, he is required to inform us without delay in writing if the delivered goods are at risk of legal attachment or any other seizure by third parties. In so far as the third party is not able to reimburse the resulting legal and/or out-of-court expenses of a lawsuit per § 771 ZPO, the customer is liable for any associated losses.
8 Advice of Cancellation and Return
(1) Return Policy
At WindRestrictor®, we try hard to ensure you are 110% satisfied with each purchase. However, if you need to return a product for any reason, we want to make that as fast and easy as possible. Here are the policies related to returns that may help you understand and navigate the process: The vast majority of products available at WindRestrictor® are returnable, provided they are returned with all original packaging, paperwork and parts in new and unused condition. To initiate a return, a return request must be submitted within 14 days of receipt of the product either by phone or by email. When shipping the return, include the buyer’s name, where it was purchased, the invoice or PO number, and purchase date if possible. Items returned without a return request are not eligible for refund or exchange. If you did not purchase the item directly through WindRestrictor®, contact the store through which you purchased and follow their return policy and procedures. .
(2) Return Procedure
- Contact a WindRestrictor® Customer Care Specialist at (972) 487-5987 and explain that you would like to return the item. You may also submit a service request online if it is more convenient for you. http://www.kingpennindustries.com/service_request.aspx
- Our Customer Care Specialists will provide you with authorization and instructions on returning the package.
- Clearly write and/or affix the buyer’s name and address on the package and return it to us at: WindRestrictor®, 11885 Forestgate Dr. Dallas, TX 75243.
- Unless the return is due to manufacturer defect or error, the customer is responsible for return shipping costs.
- The original method of payment used to place the order will be credited the purchase price, excluding shipping costs and a 10% restocking fee.
(3) Restocking Fees
Items qualify for a refund, less a 10% restocking fee and any shipping costs, when returned with all original packaging, paperwork and parts in new and unused condition within the return period.
(4) Non-Returnable Products
Some products, including (but not limited to) custom items are not returnable. In the case of manufacturer defect or WindRestrictor® error, these items may be returned for credit.
(5) "Large Print" Disclosures
Authorized items must be returned with all original packaging, paperwork and parts in new and unused condition. Items not returned in the above condition will fail inspection and a refund will not be issued. WindRestrictor® will not compensate for damages incurred during product installation or use, nor reimburse labor charges or installation fees, under any circumstances.
(6) Can I exchange an item?
Yes, within 14 days for receiving the item. Items that include all original packaging, paperwork and parts in new and unused condition may be returned for exchange. Simply follow the standard WindRestrictor® returns procedure.
(7) Will I have to pay a restocking fee?
(8) Who pays for return shipping costs?
If the return is due to manufacturer defect or error, we pay for return shipping. Otherwise, the customer is responsible for the cost of returning the item.
9 Warranty and Liability
Lifetime Warranty (Wind Deflectors)
At King Penn Industries, quality matters. Because of the high quality materials and craftsmanship, we are able to offer a lifetime warranty on our Windrestrictor® product line. Our wind deflectors are guaranteed to never fade or peel over time. We also guarantee our products against cracking (v1 kappa excluded).
WindRestrictor® DOES NOT warranty the use of unapproved cleaners such as windex. These products will cause “crazing” of the glass which cannot be repaired. Be sure to never let your detailer wipe down the product unless you have given them the appropriate cleaner which was included with your order. You can always purchase more at www.brillianize.com.
Should you experience a problem, please notify WindRestrictor® immediately.
Contributory negligence of the customer will be assigned proportionally.
Liability for malicious intent, guarantee, guile, and for personal injury, as well as statutory product liability is not affected in the case of negligence.
WindRestrictor® does not warrant against over-tightening of installation screws that cause fractures or against damage caused by abuse. Wind Restrictor may offer compensation based on individual cases but shall not be obligated to offer replacement or compensation if damage occurs due to customer negligence, over tightening at installation, scratches or gouges caused by customer or their agents.
Damaged merchandise may be returned to WindRestrictor® at the customer's expense for assessment of damage and possible remedies. Customer will be notified of repair or replacement costs within two weeks of delivery of product to WindRestrictor®.
WindRestrictor® is not responsible for very slight imperfections that one may find in or on the surface of our Windrestrictor® brand products. Although the visibility of these imperfections from the human eye are a rare occurrence, acrylic Glass products have prevalent characteristics such as very slight discolorations, blurs, bubbles and hairline scratches that may be present. These slight imperfections are inherent qualities that meet or exceed the standard specifications for flat acrylic glass from the manufacturing plant.
Limited Lifetime Warranty (LEDs / Illumination Kits / Wiring Accessories)
All LED’s for WindRestrictor®’s wind deflectors include a lifetime warranty.
Door Sill Illumination and wiring accessories include a 1 year warranty from date of purchase. Should your light need replaced, WindRestrictor® will pay for shipping and repair.
**DO NOT REMOVE DOOR SILL until you have contact WindRestrictor® for proper troubleshooting tips. If we are unable to resolve the issue WindRestrictor® is not responsible for damage to the sill during removal, we will provide specific instructions should you have to go through this process.
Should you have a problem, contact us and we will immediately address the issue. Domestic replacements will be mailed first class for free, but international replacements may require the buyer to pay for international shipping.
Or, submit a request online: http://www.kingpennindustries.com/service_request.aspx
*If the product falls outside the 1 year warranty period, WindRestrictor® will repair the item. The repair cost will be dependent on our evaluation of the problem. The customer will be contacted for approval before any repairs are made. Again, contact us before returning any products.
10 Force Manjure
(1) In the event that Force Majeure (in particular war and natural catastrophe) prevent Wind Restrictor from fulfilling its contractual obligations, Wind Restrictor is relieved of these obligations for the duration of the force majeure conditions.
(2) If conditions of Force Majure prevent Wind Restrictor from processing the order or delivering the goods for longer than two months, the customer has the right to cancel the order and all money will be refunded to the customer at that time.
11 Data Protection
Wind Restrictor observes all applicable requirements concerning protection of personal data, especially the conations of the law protecting data transmitted in the course of providing Internet services.
12 Intellectual Property
Products purchased from this website are protected by copyright, trademark, patent and other intellectual property laws. These products may not be reproduced, rebranded, distributed, or otherwise exploited in any manner without the express prior written permission of King Penn Industries Inc., owner of the brand WINDRESTRICTOR®.
Our patents, trademarks and licenses are important in the operation of our businesses. Be aware that we fully intend on protecting our intellectual property rights vigorously and are willing to go any lengths sparing no expense to do so.
13 Concluding Provisions
(1) The contractual language is English
(2) In the event that one provision of these conditions is or becomes invalid, the other provisions remain valid. Wind Restrictor and the customer will replace the invalid provision with one that is valid, and reflecting as closely as possible the wishes of the partners in an economic way.
(3) This contract and all legal relationships of the parties are subject to the law of the United States of America, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG).