TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING AND USING YOUR PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.
HIGH RISK ACTIVITY / PRODUCTS
Products sold through the PTKSMFLA website, catalog or otherwise, include equipment and gear for martial arts, weight training, boxing, fitness, fencing and demonstration. Participation in any of these activities should be considered a high-risk sports activity. Your participation in any of these activities is at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read and follow specific warnings and instructions on products and in product literature or inserts. Save these documents for reference.
HIGH RISK ACTIVITY / SPORTS - TRAINING - PHYSICAL FITNESS
You should consult your physician or other health care professional before starting any of PTKSMFLA Training Programs to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start any of PTKSMFLA Training Programs if your physician or health care provider advises against it. You should understand that when participating in any Physical Fitness or Training Program, there is the possibility of physical injury. If you engage any Physical Fitness or Training Program, you agree that you do so at your own risk, are voluntarily participating in these High-Risk Activities, assume all risk of injury to yourself, and agree to release and discharge PTKSMFLA from any and all claims or causes of action, known or unknown, arising out of PTKSMFLA negligence. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. If you are having a medical or health emergency, call your health care professional, or 911, immediately.
MARTIAL ARTS WEAPONS & OTHER WEAPONS: WARNING
Products sold under the Weapons category on the PTKSMFLA website or catalog are intended for demonstration/training or display as a collection item only. Use and misuse of Martial Arts weapons or other weapons involves serious risks, including injury, disability and death. Weapons are sold only for training under expert supervision, for demonstration of forms, collection or display. Inspect weapons before each use to ensure they are in proper condition. If any unsafe condition is observed, do not use the product. Do not use weapons for sparring or contact. Sales of certain items are governed by local, state, federal and international law. It is the buyer’s responsibility to check all applicable law concerning use, ownership, legal age and possession of any product offered by PTKSMFLA. By purchasing any item, the buyer warrants compliance with all local, state, federal and international law, and that the buyer is legally able to purchase and sell all items being purchased from the PTKSMFLA website or catalog., PTKSMFLA disclaims any and all liability related to improper, illegal, unintended use or modification of weapons sold through the website or catalog. The purchaser, user or participant assumes all risk of injury from any use. No weapons are sold to anyone under 18 years of age without parental consent. Weapons and items over 42” cannot be sent out of the United States. Some weapons may be prohibited in your area. Please check state statutes and local ordinances before ordering.
ASSUMPTION OF THE RISK
By buying PTKSMFLA products, you understand and agree that martial arts, boxing, fitness, weight lifting and demonstrations are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of including but not limited to equipment malfunction from whatever cause, or any other fault of PTKSMFLA Additionally, you agree to indemnify, defend and hold PTKSMFLA harmless from any third party claims arising from such High Risk Activities or Martial Arts Weapons or any other PTKSMFLA product.
LIMITED REPLACEMENT WARRANTY
PTKSMFLA warrants its products to be free from defects in materials and workmanship for a period of 90 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. PTKSMFLA sole liability is limited to repairing or replacing products that are returned prepaid to PTKSMFLA within this 90-day period, unless specific product literature specifies otherwise.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF PTKSMFLA. PTKSMFLA NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITE, CATALOG OR OTHERWISE. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE, THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES.
100% Satisfaction Guaranteed
We proudly stand behind everything we sell. If you are not completely satisfied with your purchase, you can return the unused product for a replacement or refund within 30 days of its purchase.
Returns and Exchanges
New merchandise, excluding books and DVD’s, that has not been washed, worn, altered, or soiled and is still suitable for resale, may be returned within 30 days of purchase. Pending inspection, an exchange, refund or credit in the original form of payment, excluding shipping, will be issued. After 30 days products will not be accepted for return or exchange. All merchandise sold as sets must be returned as sets. No returns are allowed on custom or clearance items. All Returns and exchanges may include an exchange fee or restocking fee. If you have received merchandise that is incorrect or defective, please contact the PTKSMFLA upon receipt at (323) 250-3206 or email@example.com
PTKSMFLA does not manufacture, produce or assemble the products or items. PTKSMFLA is not responsible for any claims relating to infringement by the product of third party intellectual property rights.
PTKSMFLA makes no warranties, express or implied, with respect to the quality of the products or the results that customer may achieve utilizing such products, including, but not limited to, the implied warranties of merchantability and fitness for particular purpose (to the extent applicable) which are hereby disclaimed and excluded. In no event will PTKSMFLA be liable to Customer for any lost profits or indirect, incidental, consequential, special, exemplary or punitive damages.
PTKSMFLA liability is limited to replacing defective goods. Pursuant to the provisions of the California Song-Beverly Consumer Warranty Act, this product is sold "AS IS" and "WITH ALL FAULTS".
Any controversy or claim arising out of or relating to Customer's purchase of any product from PTKSMFLA shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Venue for any arbitration, or any legal dispute, shall lie only in the City of Los Angeles, LA County, California and in no other venue or forum. The laws of California shall apply to all transactions.
Limited Replacement Warranty
PTKSMFLA warrants its products to be free from defects in materials and workmanship for a period of 90 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. PTKSMFLA sole liability is limited to repairing or replacing products that are returned prepaid to PTKSMFLA within this 90 day period, unless specific product literature specifies otherwise.
LIMITATION OF LIABILITY
As set forth above under the limited warranty provisions, PTKSMFLA liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall PTKSMFLA liability exceed the value of the products sold. PTKSMFLA shall not be liable for any special or consequential damages that result from the use of any product sold through this website or through its catalog. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Use and misuse of products sold through the PTKSMFLA website, catalog or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. PTKSMFLA cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through the PTKSMFLA website, catalog or otherwise.
APPLICABLE LAW AND ARBITRATION OF DISPUTES
Your order from this website or from the PTKSMFLA catalog shall be governed in all respects by the laws of the State of California, U.S.A. without its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. The State of California’s law governing “Sales,” as found on California Statutes has specific application to goods sold by PTKSMFLA to you, subject to disclaimers and limitations of liability set forth herein. You agree that jurisdiction and venue in any proceeding directly or indirectly arising out of or relating to the purchase of goods from PTKSMFLA not exceeding $4500.00 will be in the small claims division of District Court of Los Angeles County, California. You agree that any dispute or controversy arising out of or relating to the purchase of goods from PTKSMFLA exceeding $4500.00 shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in California. Such arbitration shall occur in Los Angeles County, California before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. Any cause of action or claim you may have with respect to the purchase of PTKSMFLA products or any other claim related to the use of the website or catalog must be commenced within one (1) year after the claim or cause of action arises. PTKSMFLA failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.