Agreement between User and AllPortableSinks.com and KindermarkKids.com
Welcome to AllPortableSinks.com and KindermarkKids.com. The AllPortableSinks.com and KindermarkKids.com websites (the "Sites") are comprised of various web pages operated by Brentpoint LLC. AllPortableSinks.com and KindermarkKids.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of AllPortableSinks.com and KindermarkKids.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
AllPortableSinks.com and KindermarkKids.com are E-Commerce Sites operated by Brentpoint LLC.
Brentpoint LLC is a factory authorized dealer for the manufacturers and products listed for sale across our websites.
Visiting AllPortableSinks.com and KindermarkKids.com or sending emails to Brentpoint LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Brentpoint LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use AllPortableSinks.com and KindermarkKids.com only with permission of a parent or guardian.
Payment must be processed at the time the order is placed. Orders placed through Seller’s websites are reviewed for accuracy and product availability. After review, an order confirmation email will be sent to Buyer at the email address provided.
Purchase Order Payment Terms:
Purchase orders are accepted at the sole discretion of Seller. Payment terms are net ten (10) days from the date of invoice. Any payments not made within ten (10) days of the date of invoice shall be subject to a late payment charge of 2.5% per month (compounded) on the unpaid balance of any amount then passed due.
Note: Seller may require partial or full payment from Buyer prior to accepting purchase order.
Canceling an order:
Seller understands that a Buyer may choose to cancel an order prior to shipment. If Buyer needs to cancel, please contact us immediately so we can stop shipment of the product. Seller reserves the right to charge a fee of 2.5% of the total purchase price to cover costs for the initial order processing and the processing of a refund. Buyer’s purchase price, less the 2.5% fee will be refunded to you. If Buyer’s order has already been shipped Buyer will be charged a fee of 2.5% of the total purchase price, all shipping fees, and a 30% restocking fee.
Note: If no one is available to accept delivery you will be responsible for any change fees or additional fees incurred from the shipping company. Please contact us if you have any changes that may impact receiving the delivery of your order.
No goods shall be returned for credit without first obtaining written consent from Seller. Each of Seller’s manufacturers has a different return policy. If Buyer needs to return an order, please contact Seller’s customer support center by phone or email as soon as you make that determination. While it is difficult and expensive to return products, Seller is always available to discuss your options.
Note – Portable Sinks:
When receiving a sink, Buyer must carefully inspect it before accepting delivery. If there is damage, Buyer must note this with the driver and not accept delivery. Seller recommends Buyer take photos of any damage. If a sink needs to be returned, it generally must not have been used and must be in the original, unopened, factory sealed packaging. It must be within 10 days of receipt. Seller must obtain a return authorization from the manufacturer for Buyer, and returns are subject to manufacturer approval. There is a restocking fee of 30% of selling price or more depending on the condition of the returned item., and the Buyer is responsible for return shipping fees. Shipping can be $300 or more per item. Credit is not given until the sink is returned and inspected by the manufacturer.
Brentpoint LLC provides products “as is” and without warranty. All warranties are issued through our manufacturers and fall under their respective warranty terms and conditions.
Links to Third Party Sites/Third Party Services
AllPortableSinks.com and KindermarkKids.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Brentpoint LLC and Brentpoint LLC is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Sites, or any changes or updates to a Linked Sites. Brentpoint LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brentpoint LLC of the Sites or any association with its operators.
Certain services made available via AllPortableSinks.com and KindermarkKids.com are delivered by third party Sites and organizations. By using any product, service or functionality originating from the AllPortableSinks.com and KindermarkKids.com domain, you hereby acknowledge and consent that Brentpoint LLC may share such information and data with any third party with whom Brentpoint LLC has a contractual relationship to provide the requested product, service or functionality on behalf of AllPortableSinks.com and KindermarkKids.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of Brentpoint LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. Brentpoint LLC content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Brentpoint LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Brentpoint LLC or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Brentpoint LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Brentpoint LLC Content accessed through AllPortableSinks.com and KindermarkKids.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Brentpoint LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Brentpoint LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Brentpoint LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Brentpoint LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRENTPOINT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
BRENTPOINT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRENTPOINT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Brentpoint LLC reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brentpoint LLC as a result of this agreement or use of the Sites. Brentpoint LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brentpoint LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Brentpoint LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Brentpoint LLC with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brentpoint LLC with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Brentpoint LLC reserves the right, in its sole discretion, to change the Terms under which AllPortableSinks.com and KindermarkKids.com is offered. The most current version of the Terms will supersede all previous versions. Brentpoint LLC encourages you to periodically review the Terms to stay informed of our updates.
Brentpoint LLC welcomes your questions or comments regarding these Terms and Conditions:
9990 Coconut Rd. Suite 226
Bonita Springs, Florida 34135
Effective as of January 1, 2020