Policy & Agreement
ALL SALES ARE FINAL.
Please visit support.kwausa.com for warranty, repair, and additional information.
Payment Methods & Processing
Whether you order online or phone in your order to KWA Performance Industries, Inc., you may pay by credit, debit, or check card. When you provide KWA Performance Industries, Inc. with your card information, KWA Performance Industries, Inc. will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. KWA Performance Industries, Inc. will not bill your credit card or process a transaction under your debit or check card until your order ships.
The KWA Performance Industries, Inc. Pro Shop requires the credit, debit, or check card security code for your card for any telephone or online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number, or on the back of your card, on the signature panel (if Visa, MasterCard or Discover).
Purchase Orders are valid for KWA Authorized Dealers only.
Hours of Operation
For product and pricing information, order status information or other assistance with an order you have already placed with the KWA Pro Shop, please contact KWA Sales Support at 1-626-581-1777, Mon-Fri 9am – 5pm Pacific standard time.
Orders are processed Monday-Friday 9am-5pm.
KWA does not price match competitors. For your convenience, all of our most current pricing is listed on our Web site and updated in real-time. Prices are non-negotiable.
You agree to use KWA website (the “Website”) only for purposes that are permitted by this Policy & Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or attempt to access the Website other than through the interface that is provided by KWA, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of KWA. You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for any breach of your obligations under this Policy & Agreement and for the consequences (including any loss or damage which KWA may suffer) of any such breach.
KWA will only cross-ship if the following criteria are met:
- The customer first agrees to purchase the replacement item.
- The same make/model item is in stock. Return shipping costs are the sole responsibility of the customer. Return shipping is a service paid to a shipping courier so they will transport your authorized return to KWA.
- Under no circumstance will KWA cross-ship merchandise beyond 30 days from the original invoice date.
Orders are processed Mondays-Fridays from 9am-5pm. Does not include weekends or holidays. Customers & Authorized dealers based in Alaska & Hawaii must call for a shipping estimate.
Valid on orders of $50 or more shipped to a single U.S. address, after promotions and discounts are applied. Packaging and taxes do not qualify toward the minimum purchase requirement. Free Shipping offer applies to 1st class shipping only. Not available for shipments to APO/FPO addresses or P.O. boxes. Eligible customers must select this option during checkout in order to receive free shipping. Offer not valid on canceled or out of stock merchandise. This offer only applies to the individual items; other items in your cart that are not eligible will still incur a shipping charge. Offer is subject to change without notice and excludes: airsoft pistols, rifles, sub-machine guns, and purchases from KWA Authorized Dealers.
Customers are solely responsible for following their Customs regulations or local and federal laws. Please contact your local authorities if you have any questions about the purchase or use or airsoft products in your area. KWA is not responsible for any shipments seized, destroyed or abandoned by Customs. All international sales are final. KWA will ship to most countries. You will be contacted via email by a customer service representative if we are unable to fulfill your order due to legal restrictions. KWA reserves the right to forfeit any international orders based on customer, local or federal regulations.
KWA may offer complimentary customer appreciation gifts with the purchase of selected merchandise. Both the product and the gift item will be added to your cart, and the advertised discount will be applied on the Order Confirmation screen.
* Please note that an item advertised as “free” in a combo special may still incur a shipping charge.
Bundle Specials are offered to as a way to purchase multiple items together at a discounted price. Only one of each Bundle Special can be purchased per order. Offers valid only while supplies of all items within the bundle last.
Customized systems are built-to-order and are FINAL SALE The components you select for your system will be assembled and tested by trained staff. Customized systems require adequate time for assembly as well as testing to ensure the components are functioning properly. Assembly time varies depending on the system. The required assembly time for each particular system will be listed on the item’s product page. Please note that once an order is charged, it cannot be changed or canceled.
KWA will sometimes furnish an alphanumeric code that can be used for promotions on our Web site. These promotional codes may be found online, sent via email to our Newsletter and/or Promotion subscribers, presented on our Web site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts, free gifts or complimentary Rush Order processing. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.
Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into California will be charged applicable sales tax according to your area’s tax rate.
Physical Damage Policy
Physical damage to any product purchased at KWA will effectively void warranty coverage. Products that are chipped, burnt or have bent parts are considered physically damaged and cannot be returned for refund or replacement. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage.
You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. KWA does not guarantee same day-shipping. Orders are not processed on weekends and holidays.
KWA does not sell back-ordered merchandise. We will never purposely charge a customer for an item that we do not physically have in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or possibly because the last few items on our shelves are damaged and/or not in a condition that we can sell to a customer. In that instance, we will refund your credit/debit card for the item, along with any applicable tax fees and shipping charges. An automated email will also be sent to your KWA login to alert you of the situation.
KWA will keep you informed of your order status via e-mail. All tracking information will be emailed to your user ID once your order has shipped (except when an APO/FPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on our Web site.
Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 256-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security. We do not store any credit card information for your protection.
You may request a change to your order provided the order has not already been processed. Please call 1-626-581-1777 during KWA’s hours of operation to request a change to your order. Please have your sales order (SO) or customer number ready for better assistance. We strongly discourage sending change order requests via email because it is unlikely we will receive the message in time to make an adjustment due to the sheer volume of emails we receive each day.
You may request that an order be cancelled provided the order has not already been processed and shipped. Simply call 1-626-581-1777 during KWA’s hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 3-5 business days. We strongly discourage sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.
KWA strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Web site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Web site is labeled with an incorrect price due to some typographical, informational, technical or other error, KWA shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Web sites from KWA are provided as resources to customers looking for additional information and/or professional opinion. KWA does not assume responsibility for the claims and/or representations made on these or any other Web sites.
KWA reserves the right to alter variations in product specifications and/or physical appearance. In the interest of our customers, KWA puts forth its best efforts to ensure that all product information is up-to-date and factual. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer.
By accepting delivery of any product ordered from KWA (“KWA”), you (“Customer”) agree to be bound by the terms and conditions listed below. You and KWA agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and KWA. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from KWA.
Limitation of Liability
IN ALL CIRCUMSTANCES KWA ‘S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. KWA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. KWA SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT KWA HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
General Terms and Conditions
An order is not binding upon KWA until it is accepted; KWA must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with KWA.
Proof of Purchase
KWA will send you a confirmation of your order via email if you have included an email address with your order. If you have not included an email address, you will receive a confirmation of your order by regular mail when your order is shipped.
Shipping Charges & Verification
Your total cost for purchase of any product will include the shipping and handling charges shown on your invoice. However, your original shipping fees are non-refundable in the case of a RMA claim. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a RMA claim.
For fraud prevention purposes, if your billing and shipping addresses are different, we must verify your shipping address. Please contact the bank that issued your credit card and have your shipping address listed as an alternate address in that bank’s memo field. Please make sure your credit card issuer bank’s phone number is correctly listed in your KWA Performance Industries, Inc. account information.
Undeliverable Packages: Occasionally packages are returned to KWA Performance Industries, Inc. as undeliverable. When the carrier returns an undeliverable package to KWA Performance Industries, Inc., please contact KWA Performance Industries, Inc. to make arrangements for reshipment.
Risk of Loss
KWA will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. Customer agrees to allow KWA to sign appropriate documents on Customer’s behalf to permit KWA to protect its purchase money security interest. KWA will advise Customer of estimated shipping dates, but KWA will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transactions between KWA and Customer shall be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, Customer and KWA agree that any dispute or controversy arising out of, in relation to, or in connection with this agreement or Customer’s use of the KWA Website shall be finally settled by binding arbitration in Los Angeles, California under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SALES TRANSACTIONS BETWEEN KWA AND CUSTOMER, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND KWA AND CUSTOMER EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS.
Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against KWA that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.