These Terms and Conditions (“Terms”) constitute a legally binding agreement between Kings Distro Inc. (“Kings Distro,” “we,” “us,” “our”) and any individual or entity (“you,” “User,” “Customer”) who accesses, browses, or makes a purchase through our website at kingsdistro.com or our physical retail locations. BY ACCESSING OUR WEBSITE OR MAKING ANY PURCHASE, YOU ACCEPT AND AGREE TO THESE TERMS IN THEIR ENTIRETY. If you do not agree, you must immediately cease using our website and services.
1. Acceptance and Agreement
Your access to and use of kingsdistro.com constitutes your unconditional acceptance of these Terms. These Terms apply to all visitors, registered users, and purchasers. Kings Distro reserves the right to modify these Terms at any time without prior notice. The revised Terms will be posted with an updated effective date. Continued use of the website after any change constitutes acceptance. It is your responsibility to review these Terms periodically.
2. Eligibility
By using this website, you represent and warrant that: (a) you are at least 18 years of age, or if between 13 and 18, you have obtained verifiable parental or legal guardian consent; (b) you have the legal capacity and authority to enter into a binding contract; (c) you are not prohibited by any applicable law from purchasing the products we offer; and (d) you are not accessing the website from a jurisdiction where such access or purchase is prohibited. Kings Distro reserves the right to refuse service to anyone for any reason at any time.
3. Account Registration
To place wholesale or retail orders, you may be required to create an account. You agree to: (a) provide accurate, current, and complete information at registration; (b) maintain and promptly update your account information; (c) keep your password confidential and secure; (d) accept responsibility for all activities that occur under your account; and (e) immediately notify us at legal@kingsdistro.com of any unauthorized use or security breach. Kings Distro is not liable for any loss or damage arising from your failure to protect your account credentials. We reserve the right to terminate accounts, refuse service, or cancel orders at our sole discretion, including but not limited to accounts we believe are fraudulent, abusive, or in violation of these Terms.
4. Product Information and Pricing
Kings Distro makes every effort to provide accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions, prices, or other content on the website are accurate, complete, reliable, current, or error-free. In the event of a pricing error, Kings Distro reserves the right to refuse or cancel orders placed at incorrect prices, whether or not the order has been confirmed or your payment method charged.
- Prices are listed in U.S. dollars (USD) and are subject to change without notice
- Product images are for illustrative purposes only — actual products may differ in appearance, color, dimensions, or packaging from images shown
- Product descriptions are provided in good faith but Kings Distro does not guarantee they are complete, accurate, or error-free
- Availability is subject to change; we reserve the right to discontinue any product at any time
- We reserve the right to limit quantities available for purchase per customer or per order
- If a product is listed at an incorrect price due to a typographical error or system error, Kings Distro shall have the right to refuse or cancel any orders placed at the incorrect price
5. Order Acceptance and Contract Formation
Submission of an order constitutes an offer to purchase. A binding contract is not formed until Kings Distro sends an explicit order confirmation email. Kings Distro reserves the right to reject any order for any reason, including but not limited to: product unavailability, errors in product or pricing information, suspected fraud, failure of payment authorization, or restrictions on products in your jurisdiction. If your order is rejected after payment, a full refund will be issued within 5 business days.
6. Payment Terms (B2C)
Payment for retail orders is due in full at the time of purchase. We accept the payment methods displayed at checkout. You represent and warrant that: (a) payment information you supply is accurate and complete; (b) charges incurred by you will be honored by your bank or card issuer; and (c) you will pay charges at the prices in effect at the time of purchase.
- All transactions are processed in U.S. dollars
- Kings Distro uses PCI-DSS compliant third-party payment processors — we do not store your full card number
- We reserve the right to require additional verification before processing any order
- In the event of a failed payment or chargeback, Kings Distro may suspend your account and reserves all legal remedies
- Sales tax will be collected where required by applicable law. Kings Distro has sales tax nexus in Virginia and may have nexus in other states where we have economic activity — tax will be calculated and applied at checkout based on your shipping address
- Pursuant to the INFORM Consumers Act (15 U.S.C. § 45f, effective June 2023), high-volume third-party sellers on online marketplaces are required to disclose certain business information. Kings Distro complies with all INFORM Consumers Act requirements on applicable marketplace platforms
7. Intellectual Property
All content on kingsdistro.com — including but not limited to text, graphics, logos, images, product photographs, button icons, audio clips, digital downloads, data compilations, and software — is the property of Kings Distro Inc. or its content suppliers and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.
- The Kings Distro name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kings Distro Inc. or its affiliates
- You may not use any trademark without our prior written permission
- Unauthorized reproduction, distribution, modification, or commercial exploitation of any website content is strictly prohibited and may result in civil and criminal liability
- You may not frame, mirror, scrape, or data-mine our website or its content without prior written consent
- Any feedback or suggestions you provide to us may be used by Kings Distro without restriction or compensation to you
8. User Conduct and Prohibited Activities
You agree that you will not use the website to:
- Violate any applicable federal, state, local, or international law or regulation
- Transmit or post any material that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
- Upload, transmit, or distribute any computer viruses, worms, malware, or any other code designed to disrupt, damage, or interfere with our systems
- Attempt to gain unauthorized access to any portion of our website or related systems
- Use any automated means, including bots, scrapers, or data-mining tools, to collect information from the website
- Engage in price manipulation, fraudulent chargebacks, or any deceptive purchasing practices
- Purchase products for resale without a valid wholesale account and resale certificate on file with Kings Distro
- Use the website for any commercial solicitation without our prior written consent
9. Third-Party Links
Our website may contain links to third-party websites. These links are provided for your convenience only. Kings Distro has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites. We do not endorse or make any representations about third-party websites. We strongly advise you to read the terms and privacy policy of every third-party site you visit. Kings Distro shall not be liable for any loss or damage arising from your use of any third-party website.
10. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KINGS DISTRO INC. EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KINGS DISTRO DOES NOT WARRANT THAT (A) THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KINGS DISTRO INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR PRODUCTS; (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE OR PRODUCTS. IN JURISDICTIONS THAT DO NOT PERMIT EXCLUSION OF CERTAIN DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN ALL CASES, KINGS DISTRO’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO KINGS DISTRO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
12. Indemnification
You agree to defend, indemnify, and hold harmless Kings Distro Inc. and its officers, directors, employees, agents, contractors, partners, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the website or purchase of products; (c) your violation of any third-party right, including intellectual property rights; (d) your violation of any applicable law or regulation; or (e) any content you submit, post, or transmit through the website. Kings Distro reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the website shall be brought exclusively in the state or federal courts located in Richmond, Virginia. You consent to the personal jurisdiction of such courts and waive any objection to inconvenience of forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14. Force Majeure
Kings Distro shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, shortages of transportation facilities, fuel, energy, labor, or materials, or failure of third-party service providers. Performance shall be excused during the period of such conditions.
15. Severability and Waiver
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by us in writing.
16. Clickwrap Consent — Designer Implementation Note
NOTICE TO WEBSITE DEVELOPER: To ensure these Terms are legally enforceable — particularly the arbitration clause and class action waiver — the checkout page MUST display an explicit checkbox in the following form: [checkbox] I have read and agree to the Terms and Conditions, Return Policy, and Privacy Policy, with each of those three words hyperlinked to the respective policy pages. The checkbox must be unchecked by default and must be required before the order can be submitted. This clickwrap mechanism is what courts require to enforce arbitration agreements in online contracts (Keebaugh v. Warner Bros. Entertainment Inc., 9th Cir. 2024; Herzog v. Superior Court, 2024). Without it, the arbitration clause may be unenforceable.
17. Entire Agreement
These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies posted on this website, constitute the entire agreement between you and Kings Distro with respect to the subject matter hereof and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Kings Distro.