Terms And Conditions

TERMS AND CONDITIONS  

Your use of the KILLYOURCACTUSNOW.COM web site, or the HOWTOKILLCACTUS.COM web site (collectively referred to henceforth as the “Site”) and all our services, including phone orders, all purchases, and inquiries, made to 'Kill Your Cactus Now', 'How To Kill Cactus', and 'JEGA, inc.' (collectively and interchangeably referred to henceforth as the "Company" or "Business"), is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using any of our sites or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below, be it personally or as an agent for any business entity you represent. The term “Customer” means you or the business entity you are ordering goods or services for. If you do not agree to these terms and conditions, please do not use or visit our sites and please do not submit any orders for our products or services. The terms and conditions posted on this website, including the warranty policy, are public information and must be adhered to by anyone doing business with our company, unless there is a written contract signed by an officer of our company.  

GENERAL TERMS AND CONDITIONS  

Customer agrees that our company is not liable for mismatched product pictures or mistakes in product information. Our company reserves the right to change products and specifications and those listed on our site and materials may not be current. Customer agrees to verify the specifications of each product with the order. Our company is only responsible for products named on the invoice. Our sales representatives are not authorized to make any representations or promises related to any product or services that exceed these terms and conditions and the warranty. Any additional provisions to your purchase must be made in writing signed by an officer of our company. Customer agrees that each item in a multi-item purchase from our company shall be treated independently unless stated otherwise in the memo section of their order. That is, defect, replacement, and cancellation of one item does not constitute the voiding of the entire purchase. Each item shall be considered independently for warranty or refund purposes unless the customer has stated otherwise in the invoice memo. Customer agrees that shipping costs and expenses will not be refunded 90 days after we ship. It is the customer’s responsibility to look over their email confirmation and make sure all shipping, billing and item purchased are correct. If you do not get an email confirmation, call us to see if the order went through. Do not submit multiple orders or you will end up paying full restocking and shipping fees. Order cancellation will be accepted by phone with a sales representative, or over the web (only before the order is processed). It cannot be done through email or by leaving voice mails. You can confirm order cancellation by requesting an e-mail confirmation. Completed orders can and will be held and labeled as a pending order at our place of business until all remaining payments, fees, and shipping charges are paid for by the Customer. Customer has 30 days to pay all remaining payments, fees, and shipping charges on a held or pending order before the order is canceled due to non-payment. Cancellation on orders already charged carries a 4.9% credit card processing cancellation fee in addition to a 50% cancellation fee (100% if only a half-payment was made). If an order has already been built in our facility (entered stage 4) but has not been shipped, there will be an additional 15% restocking fee which covers expenses for taking the machine apart and re-stocking the hardware. Material fee for packaging, transportation, etc. Are included in the shipping fee. Customer shall not be liable for additional shipping charges. Our company may choose to ship in multiple packages if needed, unless the customer requests otherwise, and agrees to shipping upgrades and upgrade fees. Our company does include shipping insurance with every FedEx and UPS shipment. “Customer” agrees that our company will not liable for shipper’s shipping delays.  

WEB ORDERING SECURITY  

Protecting your information is a priority for us. We use 128-bit encryption Secure Sockets Layer (SSL) technology to protect the security of your online order information. When you are about to enter your credit card information, look at the bottom right corner of the browser window for the gold lock icon. Also you can look at your address bar and see if it starts with “https://”. Some versions of browsers and some firewalls don’t permit connection through secure servers. In that case, you won’t be able to connect to the server and therefore won’t be able to place an order through an insecure connection. If you cannot access the secure server for any reason, Please contact us to place an order, 1-800-348-1359.  

TRADEMARKS  

All trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between our company and these companies.  

MAKING PURCHASES  

If you wish to purchase products offered on the site, you will be asked to supply certain information, including but not limited to ag/timber tax exemption information, credit card or other payment information. You agree that all information you provide to our company will be accurate complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases.  

WHERE WE SHIP  

We ship to any physical address that the shipper/courier can ship to domestically or internationally. We cannot accommodate (“Customer”) who need to have an item shipped to an APO/FPO address or PO Box depending on the circumstances. Due to the number of wrong addresses provided by customers, we now charge the face value that the shipper/courier charges us to reroute your package if you did not enter the address correctly. This charge is anywhere from $5-$2500 and you agree if your address is wrong, our company is authorized to charge your credit card for these fees.  

WHEN WE SHIP  

Orders received before 3:00 PM CST are usually processed the same day for product build. Products are shipped only after build, which can take up to 90 days on a standard basis. Your order may be delayed if your ship to address does not match what your credit card issuer has on their file. Some orders with parts that are shipped from fulfillment warehouses may require longer for the item to ship. We may also ship the orders with multiple items from different warehouses so it is possible you get the items on different days. Due to the many circumstances such as unable to charge your card or verify your address, we cannot guarantee when your order is shipped out. Also if you choose next day air service, it does not necessarily mean you will get it the next day from the order date, it means that you will get it the next day from the date we ship the order. Our company reserves the right at any time after receipt of your order to delay your order for any reason.  

SHIPPING DELAYS  

Once an order is shipped, it is up to the shipper courier to deliver the products; we will not be able to stop the shipment once it is shipped. If the shipper/courier loses the package, the shipper courier may put a tracer on the package. Tracers take around 3 days for air packages and 7 business days for ground packages. These estimates may vary. We will not be able to ship out replacement packages until the shipper courier confirms that the package is lost/will not be delivered to its destination and they will reimburse us. Without confirmation from the shipper courier, we will not know for sure if you will get two shipments if we ship out another one. Another delay is if there is no one to sign for the package, every package we ship usually requires a signature, if a package is returned to us because no one was available to sign for it or the address was input incorrectly at the time you enter the order, you will be charged again to ship it out a second time.  

PRICING AND TYPOGRAPHICAL ERRORS  

Due to the fast pace of the farming industry, all prices are subject to change without notice. We make every effort to list the most accurate, up to the minute information. Despite our efforts, some items on our website may be miss-priced. If a product is listed at an incorrect price due to a typographical, photographical, or technical error or error in pricing from our vendors, our company reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. If your credit card has already been charged for the incorrect price, we will immediately refund your card and cancel your order. You may also repurchase it for the correct price if you wish to. Due to the volatility in pricing for farming products, we do not match competitor’s pricing and we will not offer price protection beyond the 24 hours of purchase. Example: Tractor Supply Co. drops the price of their hydraulic cylinders 5 days after your purchase, that is beyond our control and our cost for that same cylinder when we shipped is also much higher than our current selling price. We will not be able to refund the difference since we had to purchase the cylinder at a much higher cost to send it to you when you place your order.  

ORDER ACCEPTANCE POLICY  

Your receipt of an electronic or phone order confirmation does not signify our acceptance of your order. Our company reserves the right at any time after receipt of your order to accept or decline your order for any reason.  

DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD  

You agree that the sole and exclusive maximum liability to our company, arising from any product sold by our company, shall be the price of the product ordered. In no event shall our company, its directors, officers, shareholders, employees and representatives be liable for special, indirect, consequential, or punitive damages related to product and services sold or given. Disclaimer and limitation of liability as to our web sites and products, services, business, and place of business. Our web sites, our emails, and all the materials therein are provided “as is”. Our company makes no representations or warranties, either express or implied, of any kind with respect to our web site, their operation, contents, information, or any materials on the site. Our company expressly disclaims all warranties, express or implied, of any kind with respect to the site or their use, including but not limited to any implied warranty of merchantability and fitness for a particular purpose. You agree that our company, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the our site and all of its products and services. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.  

TITLE TRANSFER  

Our company retains title to parts and complete systems and products purchased until the said purchaser pays for items in full and receives items from our shipper, at which time the title passes to purchaser.  

GOVERNING LAW  

You agree that any legal action brought against our company shall be governed by the laws of the State of Texas without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any arbitration arising from your use of or orders and purchased made on our sites or from our company shall be in McLennan County, Texas. All actions between the parties related to purchases and sales from our company shall be resolved by binding BBB arbitration in McLennan County Texas.  

RETURNS  

Refunds are only issued for the sale amount at current selling market value of our products and services, and does not include freight charges after 90 days of delivery. Additionally, a 50% restocking fee is applied to machine system unless all of the items below have been met: Your purchase is returned to our place of business within 90 days of original delivery. There are defective hardware component(s) inside the machine such as a misshapen or broken steel part causing stability/performance issues. Our company or a third-party company contracted by our company has verified that the stability/performance issues are in direct result of the hardware inside the machine and not a result of operator mishandling, such as using the machine in a manner that does not conform to the manner specified in the operator’s manual, tampering, or any and all modifications made to the machine that did not originate from our production facilities. Our company cannot offer a full refund for the purchase price of the product(s) unless the product is returned to the original facilities that produced it within 90 days of delivery, there were issues such as defective hardware component(s) inside the machine such as a misshapen steel part causing stability/performance issues, and our company or a third-party company contracted by our company has verified that the stability/performance issues are in direct result of the hardware inside the machine and not a result of operator mishandling, such as using the machine in a manner that does not conform to the manner specified in the operators manual, tampering, or any and all modifications made to the machine that did not originate from our production facilities. The returned merchandise must include its original packaging, manuals, and all accessories. All sales on electronic items are final. Opened accessories such as camera units and receiving monitors will not be refunded. After 90 days of delivery, our company will not refund shipping costs and will not pay shipping for returning packages. Original sales receipt required for all returns. The 90 refund policy is only honored if the entire machine system is returned to our company within 90 days from date of original delivery and the machine must have defective hardware. Photographic and/or video documented proof of strict adherence to product and service operational procedures throughout use of product and services, as outlined in the manual instructions that came with the product or services, must be provided to our company before the refund policy can be honored by merchant. Otherwise, the customer is responsible for all shipping fees for returns. The refund value will be original purchase price of the product at the time it was purchased. Before making any return, remove any personal information, confidential information or private content off your machine which you do not want viewed or used by any third party. Our company is not liable for lost data or misuse of data on machines that are returned for any reason. Our refund policy does not apply to any issues related to terrain/property situations or any obstacles for which the machine is not designed to handle. It is the sole responsibility of the "Customer" to assess their unique personal/property situation(s) based on the mechanical tolerances and product parameters provided by any and all merchant created content, including but not limited to terrain, obstacles, and all other logistical concerns surrounding the task of using our products and services in the manner designed and specified.  

WARRANTY SERVICE  

Our will cover shipping costs back and forth and replace any part(s) within the first 90 days of receiving your machine system, provided the above conditions listed under "RETURNS" are met. After 90 days you will be held liable for shipping costs back and forth, and our company will honor warranty service and replacement only, not for shipping. Our company may also use similar products or similar to new products for all repairs to machine systems order if the product first indicated is out of stock. For example: If a certain wireless camera, such as a , such as a JVE-2009 High Quality Baby Monitor is out of stock, our company replaces it with a equivalent such as a 3rd Eye 5.8GHz wireless Baby Monitor. Our company uses an equal or better product at no cost to the customer. If you request for our company to use a specific product for your order and would not like to substitute it with alternatives, please indicate it with an email to info@killyourcactusnow.com and on the return package.  

REFUSED SHIPMENTS  

Any product that our company ships out to Customer comes back to our company as refused delivery, Customer will be subject to fees. A restock fee of 15% will be applied to product. Also, shipping fees sending the package to the Customer and receiving the package back from the Customer will not be refunded. Also, 50% of their original order price, not including the above mentioned shipping and restock fees will not be refunded.  

CURRENT MARKET VALUE  

Since every machine system is customized to the Customer’s needs, it becomes difficult to return products for a full refund. If you meet all the conditions needed for us to honor our 90 day refund policy listed above in "RETURNS", we will be more than happy to offer a full refund, including shipping costs for the purchase price of the machine at its current market value. For example, if you purchased a system from our company at the price of $1,500.00, satisfied all the above conditions needed for us to honor our 90 day refund policy, and you are requesting a full refund at day 30 we will offer a full refund for the order and shipping. If the same system is now available for $1,600.00, our company will issue a refund of $1,500.00 which will allow you to still purchase a machine with the same configuration that you originally ordered at $1,500.00. The customer will be liable to costs that exceed this amount. In this case, they would be liable for $100 dollars on a $1600 machine, as well the shipping fees to send out the new machine. This protects the customer and our company from price adjustments from manufactures that are out of both our company's and the customer’s control. In the end, the customer will still be able to buy a new machine with the same specifications from the original purchase.