By visiting, contacting, and/or purchasing from ReptileKages.com and Kages, LLC you are bound to the following terms and conditions:
Welcome to Kages, www.reptilekages.com is an online store that allows you to purchase products. Kages Custom Reptile Enclosures is the common name used herein to refer to the Minnesota Corporation known as Kages LLC and governs the actual products and services.
“Kages”, “Kages Custom Reptile Enclosures”, “K”, “We”, or “we” refer to Kages, Inc/LLC. “reptilekages.com” or “the Site” refer to reptilekages.com’s website, located at https://www.reptilekages.com/. “Enclosure”, “Cage”, “Kage”, “Kages”, “Products”, or “service” refers to the physical and/or online product and/or service created by or distributed by Kages.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site and Enclosure for your own personal use, and you agree not to duplicate, download, publish, modify or otherwise distribute the material on this Site or the Enclosure for any purpose other than to review information and or purchase for personal use unless otherwise specifically authorized by Kages to do so.
Kages reserves the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Enclosure, products, services, or website, use of the service, use of the products, or access to the products or service or any contact on the website through which the product and service is provided, without express written permission by Kages.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Because Kages products are for animals and most are custom made we cannot accept returns, ALL SALES AND DEPOSITS ARE FINAL. All deposits and purchases are nonrefundable. Kages can’t offer you a refund or exchange. Please, if you are considering a refund and wanting to cancel an order placed with Kages but not shipped yet contact us before filing a dispute or claim with your credit card or bank. Enclosures and other products are inspected prior to shipment, but if you have any problems with shipping, or product defects, please contact us, we'll request photos and details of the issue.
GIFT CARD TERMS
- Gift cards must be redeemed within 12 months of purchase.
- Gift cards cannot be redeemed for cash.
- We cannot replace lost or stolen gift cards.
- Gift cards purchased at a discounted rate can only be used towards regular price items.
Since all enclosures are custom built to order enclosures are ready for shipping within 5-10 business days on average. During busy seasons this time can be longer, please contact us for current build times. An email is sent from us when the enclosure or order has shipped.
Any failure to provide incomplete or wrong addresses will result in items being returned to Kages’ shipping department. It will be up to the customer to pay to reship the item with the correct address. A refund will not be issued if the item is undeliverable or returned to Kages’ shipping department. ALL SALES ARE FINAL so please make sure your shipping information is correct.
When shipping USPS Priority Mail, FedEx Ground, FedEx Freight, UPS, or UPS Freight, you will be sent a tracking number. A signature is REQUIRED for all shipments so please plan accordingly. Any items over 2’ wide or 2’ tall will likely deliver on a pallet via a LTL carrier; these items are heavy and YOU will need to coordinate help or pay the additional fee to the carrier to have them lower the pallet from the truck. Generally they call prior to delivery to offer a lift gate service at an additional fee; you will be responsible for that fee if you choose to use that service. If your package has not been delivered to you within 7 days of the estimated delivery date, please notify us immediately. Notification of non-delivery must be received within 10 days of the original tracking email being sent. Any non-delivery notifications sent past the 10 day period will result in the inability to issue a replacement.
All enclosure are shipped disassembled, this not only keeps shipping prices low but also keeps the enclosure safer during shipping. We do assemble all of our enclosure at our facility, and screw holes will be there for you and we provide easy to follow instructions.
All shipping rates are standard curbside delivery rates. This means that the driver will place your package outside your door. All enclosure orders require a DIRECT SIGNATURE upon delivery.
The delivering carrier should call you at least 24 hrs in advance to coordinate a delivery day and time. They provide street-side delivery only - they do not provide a lift-gate to remove the pallet from the truck to the ground. If you do not have a loading dock or forklift you will need a few strong people with to unload it OR pay the carrier for a lift-gate service; we DO NOT pay for this service. They will give you a time window for arrival. Seller cannot be responsible in the event of poor coordination/timing of the delivering carrier. Upon receipt of your shipment, do not sign off to the driver until you have carefully inspected the package. Signing off to the driver means that you have received it in good condition. Do not sign off for the package if the item is not on a pallet or the package looks damaged or worn from mishandling. If the driver delivers your package and it is not on a pallet or it looks like it has been mishandled, please make the driver wait until you have unpacked the item and inspected it. The driver in this case is obligated to wait until you unpack before signing off to him. If an item is not on a pallet, this means that the delivering carrier removed the pallet to make room in the truck. Based on our agreement with them, they are not allowed to do so and you have the right to refuse the shipment or the driver must wait until you inspect it before signing off. The best way to protect yourself is to have a camera ready to take pictures of the package when it arrives to you. Take as many pictures as possible if you feel that the package has been mistreated or is not on a pallet when it arrives. In this case if you decide to refuse the shipment because of damage, then the carrier will not charge you to ship it back to us. In order for them to ship it back free of charge to our warehouse, you must have the driver sign off that the package was damaged or mistreated in transit. Please follow these guidelines carefully in case you need to file a claim or refuse a shipment. If you have any questions about signing off for a shipment from us, please contact us.
All goods are guaranteed to arrive in good condition. If you have any damage, you must contact us immediately. If you have any damaged products you must keep ALL packaging and the damaged parts, these things are required for a damage claim. Pictures of damage will also be required and emailed to us. If you do not do these things, then you will be responsible to pay for replacement parts. Refund or replacement will be at Kages, LLC & Reptilekages.com’s discretion.
HEATING & ELECTRICAL
Our electrical products, including but not limited to heat cable, flexible heat tape, light sockets, LED strips/wires, T5 fixtures, thermostats, and heat pads are not manufactured by Kages or specifically for reptile use. Kages nor the manufacturers will be held liable for damages caused by malfunctions, improper use, etc. By purchasing an enclosure from Kages with a heating or any other electrical option, you are fully aware of the dangers of heating and electrical products. All heating elements must be run on a thermostat. A proportional thermostat, rather than an on/off type thermostat, is the only type of thermostat you should use to control heat cable or flexible heat tape control. By purchasing a product with heating options you are specifically asking Kages to install or provide heating elements that are commonly used in the industry, but are not approved by the manufacturer of the heating elements for this specific use. Kages and the manufacturer of the heating elements will not be held responsible for malfunctions of the heating elements or electrical elements because they are not specifically intended for use in this specific industry or application.
We reserve the right to refuse service to anyone for any reason at any time. The sale or purchase of an enclosure or any product on reptilekages.com or in person, or other products listed on reptilekages.com or a third party, may be regulated by certain national, state/province, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD KAGES, LLC LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR KAGES, LLC’S FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. KAGES WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You may be asked to provide information during various processes that you engage in on the Site. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct. You agree that you will only use credit cards belonging to you or agents who have expressly authorized such use, for the purpose of purchasing an enclosure or products through Kages.
THIRD PARTY PURCHASE POLICY
When you visit our website, you provide us with two types of information: personal information that identifies you (such as your name and email address) and non-personal information (such as your IP address and browser type) that does not identify you personally, but gives us information about your computer and about your activities on our site. This information includes your IP address, your browser type, the date and time you access the site, and the website that referred you to our site. We also collect and store information from your computer using “cookies.” A cookie is a small file stored on your computer that is tied to information about you. For example, when you sign in to your Kages account, cookies will be used to save your email address and name so the next time you visit your Kages account from the same computer we will “remember” your email address and name in order to make your experience faster and simpler. If you buy on our website, we will collect financial information from you (your credit card number and expiration date, billing address, info, etc.).
Certain content, products and services available via our Site may include materials from or links to third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our ALL SALES ARE FINAL POLICY.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue a product or service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.
Prices are in US Dollars and we only accept US Dollars. Please note we are not responsible for any exchange fees or rates your financial institution may charge you for international purchases.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We know it is very important to protect the information you share with us. We take appropriate security measures to help safeguard this information from unauthorized access and disclosure. For example, only authorized employees are permitted to access your personal information, and they may do so only for limited reasons.
You should feel confident using our website. However, no system can be completely secure. Although we take very significant steps to secure your information, there is always a chance that your information will not always remain secure, and you should always take great care in handling and disclosing your personal information. For example, avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
How we use your information. In general, we may use information that we collect about you in the following ways:
- to process payment for items located in the store
- to manage your account and provide you with customer service;
- to enforce our terms and conditions;
- to protect against or identify fraudulent transactions;
- to generally manage our business
When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
Sharing your information :We won’t share your personal information with anyone except for the situations listed below or unless we specifically inform you and give you an opportunity to opt out of our sharing your personal information. We may share your personal information with:
- Authorized service providers. Our authorized service providers are companies that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, providing customer service and marketing assistance, performing business and sales analyses, supporting our website functionality, and other features we offer. These service providers may have access to your personal information to the extent necessary to perform their functions, but we do not allow them to share or use any of your personal information for any other purpose.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Your choices about your personal information. At any time, you can choose to no longer receive promotional emails from us, you can opt out of receiving such messages in the future by clicking on the link at the bottom of the email that says “unsubscribe.”
Even if you have unsubscribed from receiving promotional emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements, administrative notices and surveys.
Mail can be sent to: PO BOX 112 PRINCETON, MN 55371
It is Kages, LLC’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. §512. Copyright infringing materials found on the Site can be identified and removed pursuant to Kages, LLC’s compliance process. You agree to comply with that process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. For more information on this subject, please see Kages, LLCs DMCA Notice Guidelines. Kages reserves the right to terminate without notice any user’s access to the Site if the user is determined to be a “repeat infringer.” A repeat infringer is a user who has been notified by Kages of infringing activity violations more than once and/or has had User Content removed from the Site more than once.
USER COMMENTS, FEEDBACK, PHOTOS AND OTHER SUBMISSIONS
If you send, post, share or tag us submissions (for example contest entries, product reviews, tagging us on social media) or without a request from us you send creative ideas, suggestions, proposals, plans, photos, comments, feedback, reviews or other materials or images, whether online, by email, by postal mail, social media or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
By using hashtag #reptilekages or @reptilekages, or sending us a photo, leaving a comment or a review, you hereby grant to Kages, LLC, it's subsidiaries, agents and affiliates, the unlimited worldwide, perpetual, unending right to use, reproduce, distribute, and convey the image/photograph and any comments in any format or medium now known or subsequently developed, to modify and edit my image/photograph, to combine your image/photograph with other images, video, audio, text and other media, to create derivative works incorporating, including or based on you image/photograph and comments. This grant shall be construed broadly.
We may, but have no obligation , to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the product or service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the product, service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the product, service or on any related website, should be taken to indicate that all information in the product, service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
RELEASE, WAIVER AND LIMITATION ON LIABILITY
As a condition of access to the Site, you fully waive and release Kages, LLC and Kages, LLC shareholders, partners, affiliates, directors, officers, owners, parents, subsidiaries, employees, agents, suppliers, licensees, and distributors from any and all claims, demands and damages of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Site, Enclosure, or products
You agree to indemnify, defend and hold harmless Kages and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
KAGES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY. KAGES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES.
We do not guarantee, represent or warrant that your use of our products or services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the product or service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kages, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Any dispute will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in a state court located in Mille Lacs County, Minnesota, or a federal court located in Minnesota.
Execution by Action: This agreement shall be deemed to be accepted by any User of the Site when that User makes or takes any action that shows that the User voluntarily accepts the terms and agreements expressed herein and with all other of Kages, LLC’s published policies, terms, rules, regulations, and guidelines.
Controlling Law: This agreement will be construed under, governed by and enforced in accordance with the laws of the State of Minnesota.
Severability: All agreements and covenants contained in this agreement are severable. In the event any agreement or covenant is held to be invalid by any court, this agreement will be interpreted as if such invalid agreement or covenant were not contained herein.
Time of Essence: Time is important to parties in the performance of this agreement, and both parties have agreed that strict compliance is required as to any date set out in this agreement.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms should be sent to Kages: PO Box 112 Princeton, MN 55371