Terms and Conditions – KHEMPHONE PAY LLC

I. Acceptance of Terms

Welcome to Khemphone Pay LLC (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Khemphone Pay LLC regarding your access to and use of the website https://khemphone.store (the “Site”) and the purchase of bedroom furniture, accessories, pillows, headboards, dressers, and any other products or services offered (collectively, the “Products”).

By accessing, browsing, or using the Site, creating an account, or purchasing a Product, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy, Refund and Return Policy, and Shipping Policy, which are incorporated herein by reference. If you do not agree to all of these Terms, you must not access or use the Site or purchase Products from us. These Terms apply to all users of the Site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

II. Modifications to Terms and Site

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms at any time without prior notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site. Such new features and services shall also be subject to these Terms. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

III. User Accounts and Responsibilities

To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate and complete. You are responsible for safeguarding the password you use to access the Site and for any activities or actions under your account. You agree not to disclose your password to any third party. You must notify us immediately at payment@khemphone.store upon becoming aware of any breach of security or unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You represent that you are of legal age in your state or province of residence (or the age of majority in your jurisdiction) to form a binding contract, or that you have obtained the consent of your parent or guardian to use the Site and purchase Products.

IV. Products, Pricing, and Availability

A. Product Descriptions and Accuracy

We endeavor to display the colors, images, specifications, and descriptions of our Products as accurately as possible. However, we do not guarantee that your monitor’s display of any color will be accurate, nor can we guarantee that product descriptions or other content on the Site are error-free, complete, reliable, current, or free of typographical errors. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

B. Pricing

All prices for Products are listed in U.S. Dollars (USD) and are subject to change without notice. We reserve the right at any time to modify or discontinue any Product or service without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance. The price charged for a Product will be the price in effect at the time the order is placed. Sales tax, duties, and other applicable governmental charges will be added to your order total where required by law. You are responsible for any such taxes and charges.

C. Orders and Acceptance

Your placement of an order constitutes an offer to purchase the selected Product(s) under these Terms. All orders are subject to acceptance and availability. We may, in our sole discretion, refuse or cancel any order for any reason, including but not limited to: Product availability; errors in the description or price of the Product; error in your order; or suspicion of fraud or unauthorized activity. If we cancel an order, we will attempt to notify you and will refund any payments made using your original payment method via our Stripe payment gateway.

V. Payment Terms

By submitting an order, you authorize us to charge your chosen payment method (credit/debit card via Stripe, Apple Pay, Google Pay, etc.) for the total amount of your order, including all applicable taxes and shipping fees. You represent and warrant that you have the legal right to use the payment method provided. All payments are processed securely by Stripe Inc., and you agree to be bound by Stripe’s terms of service in addition to these Terms. Please refer to our Payment Methods page for detailed information.

VI. Intellectual Property Rights

The Site and all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by Khemphone Pay LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our express prior written consent. The “Khemphone Pay” name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Khemphone Pay LLC. You may not use such marks without our prior written permission.

VII. User-Generated Content and Conduct

The Site may allow you to post reviews, comments, photos, and other content (collectively, “User Content”). You retain ownership of your User Content, but by posting it, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent that any User Content you post is original to you, does not violate any third-party rights (including intellectual property and privacy rights), and is not libelous, defamatory, obscene, pornographic, abusive, or otherwise unlawful. We reserve the right to remove or refuse to post any User Content for any or no reason in our sole discretion.

VIII. Disclaimer of Warranties and Limitation of Liability

A. Disclaimer

THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

B. Limitation of Liability

IN NO EVENT SHALL KHEMPHONE PAY LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE.

IX. Indemnification

You agree to indemnify, defend, and hold harmless Khemphone Pay LLC and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (1) your violation of these Terms; (2) your use of the Site, including any User Content you post; or (3) your violation of any rights of a third party.

X. Governing Law and Dispute Resolution

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be first subject to good-faith negotiations between the parties. If the dispute cannot be resolved informally, you agree that any such dispute shall be submitted to final and binding arbitration in Pinellas County, Florida, in accordance with the rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. YOU AND WE HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

XI. Termination

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

XII. International Users

The Site is controlled and operated from the United States. We make no representation that materials on the Site are appropriate or available for use in other locations. If you access the Site from outside the United States, you are responsible for compliance with all local laws. You may not use the Site or export the Products in violation of U.S. export laws and regulations.

XIII. Miscellaneous Provisions

Entire Agreement: These Terms, together with our Privacy Policy, Refund and Return Policy, and Shipping Policy, constitute the sole and entire agreement between you and Khemphone Pay LLC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Contact Information: Questions about the Terms should be sent to us at payment@khemphone.store or to our corporate address: KHEMPHONE PAY LLC, 7901 4th St N STE 300, St. Petersburg, FL 33702.