Privacy Policy

Koyal Wholesale’s Privacy Notice

Last Updated: February 11, 2025

This privacy notice (“Privacy Notice”) is intended to provide you with specific details about how Koyal Wholesale, which owns and operates www.koyalwholesale.com (“Koyal,” “we,” and “us”), collects and processes your personal and personally identifiable information through your use of its website and its associated services including but not limited to a transaction or inquiry concerning the services (collectively, the “Services”).

You understand and agree that Koyal may store and process your personal information on computers located outside of your jurisdiction, including, but not limited to, in the United States. By using the Services, you agree to the collection and processing of your personal or personally identifiable information outside of your jurisdiction.

Before using the Services or providing information to us, please carefully review this Privacy Notice. By using or accessing the Services, you agree that we may collect and use your personal and personally identifiable information in accordance with this Privacy Notice, as revised from time to time. Koyal may modify, amend, replace, or suspend this Privacy Notice at any time. If you have any questions or suggestions regarding our Privacy Notice, or if your personal information is not accurate or complete, please contact us at:

Koyal Wholesale

Attn: Privacy Compliance Officer

2325 Raymer Avenue

Fullerton CA 92833

 

Or use our Contact Us webform available at https://www.koyalwholesale.com/pages/contact-us.

 

By providing Koyal with your personal or personally identifiable data and using the Services, you warrant that you are over the age of eighteen (18) or otherwise above the age of majority within your jurisdiction. If you are younger than eighteen (18) or the age of majority within your jurisdiction, please do not use the Koyal Services and please do not provide personal information to us.

Our Services may include links to websites or may include the use of analytics tools that are owned, operated, and maintained by third parties. Koyal does not exercise control over the privacy practices of such third-party websites or analytics tools, and you are encouraged to review the privacy practices of all such third-party websites or analytics tools disclosed within this Privacy Notice.

 

What information do we collect and how do we use it? 

When you use the Services, we may collect personal or personally identifiable information from you (“PII”). PII may include any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. It does not include anonymized data.

 

We may collect and process the following categories of PII about you:

·      Communication Data. Communication data includes any communication that you may send to us through the Services, email, telephone, SMS or other text, livechat, or social media. We process this data to communicate with you by email or other means, to provide you with customer support, to record logs of our communication, and to store information to respond to legal claims. Koyal’s lawful ground for collecting and processing this PII is to respond to communications sent by you to us, to keep records of our communication, and to pursue or defend against legal claims.

 

·      User Data. User data includes data about how you use the Services and any data that you post to or authorize through the Services, such as your name, address, country, phone number, and email address. This includes data stored in persistent cookies when you login to the Services and analytics data that is collected when you use the Services. We collect and process this data to operate the Services, to authenticate you as a user of the Services, to ensure that timely and relevant content is provided to you, to secure the Services, to ensure that the Services operates in a fast and efficient manner, and to maintain backups of the Services. Koyal’s lawful ground for processing this user data is its legitimate business interests in administering and offering the Services and to fulfill your orders made through the Services.

 

·      Technical Data. Technical data includes data about your use of the Services, such as your IP address, your login data, your phone number, your mobile device model, your operating system, your geolocation, and your time zone. We may collect this data from your use of the Services and from advertising IDs. Koyal processes this data to analyze your use of the Services, to route Services traffic, to administer and secure the Services, to provide location-relevant content, and to troubleshoot problems with the Services. Koyal’s lawful ground for collecting and processing this technical data is its legitimate interests in administering and offering the Services and to grow its business and marketing strategy.

 

·      Marketing Data. Marketing data includes data about your preferences in receiving and interacting with Koyal’s advertisements or content on the Services or on third party websites or applications. We collect this data from your use of the Services and from third party advertising IDs created through advertising programs, such as Google Advertising IDs and Facebook Advertising IDs. Koyal does not connect advertising identifiers to persistent device identifiers, such as MAC addresses or mobile device IDs. Koyal’s lawful ground for collecting and processing this marketing data is its legitimate interests in administering and offering the Services and to grow its business and marketing strategy by providing advertisements, including remarketing advertisements, to you.

 

Koyal will only use your PII for the purpose for which it was collected. If Koyal needs to use your PII for an unrelated, new purpose, Koyal will provide you with notice of this new use and will explain the lawful ground for such processing. Koyal may process your PII without your knowledge or consent where required or permitted by law.

 

How do we collect this information?

 

We collect PII from you through a variety of different means:

 

·      Direct Collection. We may collect PII from you when you purchase products from our Website, register a User Account or for other services, contact us through the Website or other website, via live chat, social media, SMS or other text, telephone, email, or otherwise, respond to a survey, participate in a contest, submit a review or feedback with or without photos, or when you opt-in to receive marketing emails, or mailings from us.

 

·      Third Party Tracking Tools. We use third party tracking tools, such as pixels, web beacons, and cookies, to automatically collect PII from you when you open, view, or click pages or links, emails, or advertisements. We disclose these third-party tracking tools below in this Privacy Notice in our disclosure of PII that we collect from third parties.

 

·      Business Partners and Service Providers. We may, from time to time, obtain PII from our business partners or service providers. When we obtain PII from our business partners and service providers, we ensure that all such business partners and service providers have obtained consent from you to transfer all such PII to us for its intended uses.

 

·      Social Media Networks and Other Platforms. We may obtain PII from you when you interact with our social media accounts or content posted on other third-party platforms, such as Facebook, X, or YouTube. For more information on how your PII may be disclosed by a particular social media network or platform, you are encouraged to review the privacy notices and policies of those platforms.

 

·      Analytics Providers. We may also obtain PII from you through our use of third-party analytics providers, such as Google Analytics or Klaviyo. See below for a complete list of analytics services we partner with. We may create user profiles based on PII obtained through our use of PII from third-party analytics providers to better understand your wants and needs as a customer. 

 

What information do we collect from third parties and how do we use it?

 

Koyal may collect data about you through cookies and other technologies. This helps Koyal understand how you use the Services and to understand any patterns that may be associated with your use of the Services. This aids Koyal in developing or improving its Services and marketing communications in response to your needs or wants.

 

Koyal may use session or persistent cookies. Session cookies are only stored on your computer or mobile device during your use of the Services and are automatically deleted when you close your web browser. Session cookies may be used to direct internet traffic to a server that is closer to you or to allow us to identify you as you move between pages of the Services. Persistent cookies are stored as a file on your computer or mobile device that remains on your computer or mobile device even after you close your web browser. Persistent cookies can be read by the Services that created the cookie when you revisit it again. Koyal may use persistent cookies to authenticate you when you return to the Services so that you do not have to login again or when it utilizes Google Analytics or other analytics providers, which is intended to track the origin and behavior of traffic to the Services. Koyal may use the following analytics providers, and you are directed to review their cookie policies:

AccessiBi - https://accessibe.com/privacy-notice

Digital Window - https://ui.awin.com/documents/legal/privacypolicy.pdf

Facebook - https://www.facebook.com/privacy/policy/

Google Analytics - https://www.google.com/intl/en/policies/privacy/

Klaviyo - https://www.klaviyo.com/legal/privacy/privacy-notice

Microsoft - https://www.microsoft.com/en-us/privacy/privacystatement

Pinterest - https://policy.pinterest.com/en/privacy-policy

Reddit - https://www.reddit.com/policies/privacy-policy?rdt=42768

Simprosys - https://simprosys.com/privacy-policy

 

 

You may opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout

 

Koyal may also receive data from third parties including analytics providers or advertising networks such as Google, Facebook, TikTok, or Apple. These third parties may be based outside of your jurisdiction.

How do we use your information for marketing communications? 

As stated above, Koyal’s lawful ground for sending you marketing communications is either consent or its legitimate business interests, such as to grow its business by advertising products and services to you. Koyal may send you marketing communications if you have asked for information concerning its goods or services or if you have agreed to, and have not opted out from, receiving marketing communications. You may ask Koyal to stop sending you marketing messages at any time by logging into the Services to adjust your marketing preferences within your user account or by following the opt-out link in any marketing message sent to you. If you opt out of receiving marketing communications, your opt-out does not extend to PII provided for other purposes.

 

When do we disclose your information?

 

Koyal may share your PII with the following parties:

 

·      Service providers that provide Koyal with information technology, software as a service, cloud storage, or other administrative services;

·      Koyal’s accountants, auditors, insurers, or attorneys;

·      Law enforcement agencies upon the receipt of a subpoena or court order or where necessary to protect Koyal’s personnel or property; and

·      Government bodies that require Koyal to report its processing activities.

 

Koyal may also transfer PII to third parties when it sells, transfers, or merges any part of its business or assets.

How do we protect your information? 

We implement a variety of security measures to maintain the safety of your personal information, including when you place an order. However, no security measures are impenetrable and there are always security risks. Koyal will notify you and any regulatory body of any breach of your PII or Koyal security measures if it is legally required to do so. Koyal allows access to your PII only by employees and service providers who have a need to know or access your PII on Koyal’s instructions.

Do we use cookies? 

Yes, as stated above, we may use persistent and session cookies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We may use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

 

We never use cookies to store sensitive customer information such as names, addresses, passwords, or credit card information.

 

For how long do we retain your data?

We will only retain your PII for so long as necessary to fulfill the purposes for which it is collected under this Privacy Notice or for the purposes of satisfying any legal, accounting, or reporting requirements. With respect to location data, technical data, usage and interaction data, and marketing data, we may retain this data for so long as it is relevant to the uses disclosed in this Privacy Notice. We may retain account data, public data, and communications data for so long as you maintain a user account with Koyal, and we may retain this data for longer periods where there is a need to retain this data to comply with Koyal’s legal obligations, such as the preservation of electronic evidence or compliance with a preservation order.

 

Right of Access, Rectification, Correction, Erasure, Transfer, and Withdrawal

Under the law, you may have a right to request access to your PII for rectification, correction, erasure, transfer, or restriction, or to object to its processing or withdraw your consent. If you wish to exercise any of these rights, please contact Koyal’s Data Protection Officer as disclosed in this Privacy Notice. 

You do not need to pay a fee to access your PII or to exercise your rights. However, Koyal may charge a reasonable fee if your request is unreasonable or excessive.

To confirm your request, Koyal may need to request specific information from you as a security measure to ensure that PII is not disclosed to an unauthorized third party. Koyal will attempt to respond to all legitimate requests within thirty (30) days.

Rights of European Citizens

Koyal adheres to the EU-U.S. Data Privacy Framework (“DPF”) Principles, including the DPF’s Supplemental Principles, and while Koyal is not compliance certified under the DPF, it follows the Principles in handling all data from EU-citizens. Koyal is subject to the enforcement powers of the United States Federal Trade Commission (“FTC”) in relation to its handling of user data.

If you are a European citizen, you are entitled to certain rights regarding the protection of your Personally Identifiable Information and Personal Data, which are subject to limitations set forth in the EU GDPR and its applicable case law. These rights are:

• The right to access and correct the information that Koyal processes about you;
• The right to transfer all or a part of the information collected about you to another data controller, where it is technically feasible;
• The right to the erasure of data concerning you, subject to Koyal’s rights of retention under the law;
• The right to object to the processing of Personally Identifiable Information and Personal Data where you dispute the accuracy of the data, the processing is not lawful, Koyal no longer needs the information for the purposes of processing, or you have raised an objection for personal reasons;
• The right to revoke your consent to data processing;
• The right to object to the processing of your Personally Identifiable Information and Personal Data for marketing purposes;
• The right to object to the processing of Personally Identifiable Information and Personal Data for direct marketing or for personal reasons that arise from your particular situation; and
• The right to file a complaint with a data protection authority.

To exercise these rights, you may either opt out of receiving communications from Koyal by unsubscribing to its e-mails or by contacting us using our webform. You do not need to pay a fee to exercise these rights, however, Koyal reserves the right to charge a reasonable fee if your request is unreasonable or excessive. To confirm your request, we may need to request specific information from you as a security measure to ensure that personal data is not disclosed to an unauthorized third party. We will attempt to respond to all legitimate requests within thirty (30) days.

For further information regarding your privacy rights as a citizen of the EU, please visit the U.S. Department of Commerce’s Services at https://www.commerce.gov/ and the DPF overview webpage at https://www.dataprivacyframework.gov/s/program-overview.

You can find a list of DPF certified organizations here: https://www.dataprivacyframework.gov/s/

As a citizen of the EU, you may, under certain conditions, invoke binding arbitration against Koyal, and Koyal may be held liable in cases of onward data transfers to third parties as described more fully in DPF overview page linked above. Koyal may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

California Privacy Rights

The following rules apply solely to visitors, users, and others who are residents of the State of California. California residents have the right to be notified which categories of PII are being collected and the purposes for which the PII is being used. In particular, we collected the following categories of PII (A, B, D, F, and G) as defined in the California Consumer Privacy Act within the last twelve months. Our uses of this PII are detailed above in this Privacy Notice:

Table T.1

Category	Examples	Collected
A. Identifiers	Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	YES
B. Personal information categories listed in the California Consumer Records statute (Cal. Civ. Code § 1798.80(e))	Name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.	YES
C. Characteristics of protected classifications under State or federal law	Religious affiliation, ethnicity, etc.	NO
D. Commercial	Records of products or services purchased.	YES
E. Biometric Data	Fingerprints or footprints.	NO
F. Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a Services, application, or advertisement.	YES
G. Geolocation data	Physical location or movements.	YES
H. Audio, electronic, visual, thermal, olfactory, or similar information	N/A	NO
I. Professional or employment-related information	N/A	NO
J. Educational information	N/A	NO

We obtain the categories of PII marked “YES” in the above table directly from California residents when they complete forms through our Services or provide it to us as a part of a transaction or inquiry concerning our Services. We also obtain these categories of PII indirectly from California residents while observing their actions on our Services and from third parties or service providers that they have authorized to receive and share PII.

California residents have a right to request that we disclose what PII we collect from you and whether, and how, we disclose or sell that PII. California residents may also request that we delete any personal information collected or maintained by us from you.

California residents may also have the right to opt out of the sale of their personal information by contacting us or, where available, by clicking a link or icon associated with an advertisement. Specifically, this link or icon may state “Do Not Sell My Personal Information.” By selecting this link or icon, you “Opt Out,” which means that you have opted out of the sale of your personal information as set forth in the California Consumer Privacy Act. However, even though you may have opted out, you may still see interest-based advertisements. To learn more about interest-based advertising across websites and additional opt-out choices, you can visit http://optout.aboutads.info. If you opt-out of the sale of your personal information but do not opt out of interest-based advertising more generally, you may still receive ads tailored to your interests based on PII that was not sold by us, personal information that was sold to downstream participants at least 90 days before you opted out, or personal information that was sold by other sources from which you have not opted out.

To submit a request for a list of the categories of personal information collected from you or to request that Koyal delete your personal information, please send a letter to us at the following address:

 

Koyal Wholesale

Attn: Privacy Compliance Officer

2325 Raymer Avenue

Fullerton CA 92833

 

Or use our Contact Us webform available at https://www.koyalwholesale.com/pages/contact-us.

 

To verify your request, we may request certain information from you to confirm that you are a Koyal user, such as your phone number, username, email address, city, state, or geographic location. You may also designate an authorized agent to make a request to Koyal to disclose or delete your personal information. To do so, you must provide Koyal with proof that the individual or business has been appointed as your agent, such as by providing a signed power of attorney form and provide accurate responses to any information requested by Koyal that may be necessary to confirm that you are a Koyal user, such as your phone number, username, email address, city, state, or geographic location. California residents have a right not to receive discriminatory treatment by Koyal for their exercise of these rights conferred under California law.

 

Colorado Residents

 

Koyal does not conduct business in Colorado, control or process the personal data of 100,000 or more consumers during a calendar year, or derive revenue or receive a discount on the price of goods or services from the sale of personal data.

 

Connecticut Residents

 

During the preceding calendar year, Koyal did not control or process the personal data of at least 100,000 consumers or derive more than 25% of our gross revenue from the sale of personal data.

 

Montana Residents

 

Koyal does not control or process the personal data of 50,000 or more Montana residents during a calendar year or derive over 25% of its revenues from the sale of personal data and control or processing of personal data of 25,000 or more Montana residents. Therefore, the Montana Consumer Data Privacy Act does not apply to our collection or use of PII.

 

Nevada Residents

 

If you are a resident of Nevada, you may provide notice to us to limit the sale of your PII to third parties for resale or licensing purposes. However, we do not sell your PII for such use. To notify us that you wish to limit the sale of your PII to third parties for resale or licensing purposes, you may contact us using our webform and include in the message field, “Nevada Do Not Sell Request,” along with your name, address, and user account information.

 

Tennessee Residents

 

Koyal does not exceed $25 million in annual revenue, control or process the personal information of 175,000 or more Tennessee consumers, or control or process the data of 25,000 consumers while deriving more than 50% of its gross revenue from the sale of personal information.

 

Texas Residents

 

Koyal is considered a small business as defined by the Small Business Administration and, therefore, is exempt from the Texas Data Privacy and Security Act. However, we generally collect and process PII only to the extent that it is adequate, relevant, and reasonably necessary for the purposes disclosed in this Privacy Policy. The categories of PII collected by Koyal are disclosed within this Privacy Policy, in particular in Table T.1 above, and Texas residents may request, free of charge, information of the PII collected from them twice annually.

 

Utah Residents

 

Koyal does not have annual revenues of $25,000,000 or more and control or process the PII of 100,000 or more consumers. Therefore, the Utah Consumer Privacy Act does not apply to our collection and use of PII.

 

Virginia Residents

 

Koyal does not control or process the personal data of at least 100,000 Virginia residents or control or process the personal data of at least 25,000 Virginia residents and derive more than 50% of its gross revenue from the sale of personal data. For these reasons, the Virginia Consumer Data Protection Act (VCDPA) does not apply to Koyal’s collection and use of PII.        

 

Third Party Links

 

Koyal’s Services may include links to third-party websites and applications. By clicking on third party links, you may allow third parties to collect or share data about you. Koyal does not control these third-party links and you are advised to review their respective privacy policies.

 

Responding to Do Not Track Signals

 

You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI Services and DAA Services. Our Services is not currently set up to respond to browser do-not-track signals because there is no consensus within the advertising industry as to what “do not track” means in this context, but you can configure your browser settings to reject all cookies or prompt you before a cookie is set.

You can opt out of targeted advertising by using the links below: 

• Call Tracking Metrics: https://shorturl.at/fpBJK
• Facebook: https://www.facebook.com/settings/?tab=ads 
• Google: https://www.google.com/settings/ads/anonymous 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.

Childrens’ Online Privacy Protection Act Compliance

We comply with the requirements of COPPA (Childrens’ Online Privacy Protection Act). We do not knowingly collect any information from anyone under 13 years of age, and our products and services are aimed at individuals 13 years of age or older. If you believe that we have collected PII from someone under the age of 13, you are directed to notify us immediately using our webform.

Changes to our Privacy Notice 

Whenever Koyal changes its Privacy Notice, we will post those changes to this Privacy Notice on the Services and other places that we deem appropriate. Your use of the Koyal Services following these changes indicates your consent to the practices described in the revised Privacy Notice.

Contacting Us 

If you have any questions about this Privacy Notice or the manner by which we collect or use Personal Information about you, contact us using our webform.

 

Terms Of Service

Last Updated: February 11, 2025

This website is operated by Koyal Wholesale. Throughout the site, the terms “we”, “us” and “our” refer to Koyal Wholesale. Koyal Wholesale offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new products, and any new web features or tools, which are added to the current site shall also be subject to the Terms in this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change, or replace all or any part of the Terms of this Agreement by posting updates and/or changes to our website. Upon any update or change to this Agreement, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

THIS TERMS OF SERVICE AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS, EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND KOYAL WHOLESALE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

 

SECTION 1 - ONLINE STORE TERMS

The Website is open to individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction. By using the Website and engaging with our Services, you represent that you meet this age requirement and have the capacity to enter into a legally binding agreement.

If you are using the Website on behalf of a business entity or another party, you warrant that you have the authority to act as an agent of that business entity and agree to these Terms on its behalf.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve 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 Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - 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.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES, PAYMENT

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the 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 the Service.

Payment for all orders placed through the website must be made at the time of ordering. You understand and agree that the prices quoted on the site are an invitation to deal and that no contract will be formed between you and Koyal Wholesale until we accept your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and Koyal Wholesale, and we strive to quickly correct any pricing errors on our site when discovered. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that we are not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by our payment processor. You agree that you will not initiate any chargebacks to Koyal Wholesale unless otherwise authorized by us in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against us.

You agree that you will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of goods through our site. We will report as income all payments received from you to Koyal Wholesale to all proper taxing authorities.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return 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.

 

SECTION 6 - 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.

 

SECTION 7 – REFUNDS, RETURNS, AND EXCHANGES

Koyal Wholesale strives to ensure customer satisfaction. Our policies regarding returns, refunds, and exchanges are detailed in our Returns Policy, which is incorporated into this Agreement in full.

By making a purchase on our site, you agree to the terms outlined in our Returns Policy regarding product returns, exchanges, and refunds.

SECTION 8 – SHIPPING

Our shipping policies, including rates, delivery times, and applicable restrictions, are outlined in our Shipping Policy, which is incorporated into this Agreement in full.

By making a purchase, you acknowledge and agree to the terms stated in the Shipping Policy.

SECTION 9 - OPTIONAL TOOLS

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 may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from 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.

 

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, 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.

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.

 

SECTION 12 - PERSONAL INFORMATION; PRIVACY POLICY

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the 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 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 Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 14 - PROHIBITED USES

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.

 

SECTION 15 – INTELLECTUAL PROPERTY RIGHTS

The website and all its associated content, including but not limited to trademarks, text, images, graphics, logos, and software, are the exclusive property of Koyal Wholesale and are protected under intellectual property laws. Any unauthorized reproduction, distribution, public display, or derivative works of the website or its content is strictly prohibited.

Koyal Wholesale reserves all rights to its intellectual property. Any use of Koyal Wholesale’s trademarks, branding, or copyrighted materials without explicit written permission is prohibited.

SECTION 16 – CHATBOT AND AUTOMATED COMMUNICATIONS CONSENT 

Koyal Wholesale may provide chatbot services to assist users with common inquiries, order updates, and customer support. By engaging with our chatbot, you acknowledge and consent to the collection and processing of any information you voluntarily provide.

• You agree that responses from the chatbot may be automated and should not be considered legally binding.

• If you do not wish to communicate via chatbot, you may opt out by not responding to the automated messages.

• Any personal data collected through chatbot interactions will be processed in accordance with our Privacy Policy.

By continuing to use the chatbot, you consent to these terms.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 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 KOYAL WHOLESALE, 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.

 

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Koyal Wholesale 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.

SECTION 19 – CHOICE OF LAW AND STIPULATION TO JURISDICTION; ARBITRATION; CLASS ACTION WAIVER

You and Koyal Wholesale agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase or use of products through the Website, will 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 will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and Koyal Wholesale agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. 

This arbitration will be conducted in the English language. The decision of the Neutral will be final and binding on the parties and judgment on any award(s) rendered by the Neutral may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The Neutral shall award all fees and expenses, including reasonable attorney's fees, to the prevailing party. Any judgment rendered by the Neutral may be entered in any court of competent jurisdiction.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THIS WEBSITE OR PRODUCTS OFFERED THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND LEGACY EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN OR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Any claims must be brought within one year of each applicable invoice or will otherwise be barred.

Any claims not subject to arbitration under this Agreement must be brought in Orange County, California and will be governed by the laws of the State of California without regard to its conflict of laws rules. By using the site and agreeing to these terms, you waive any argument regarding improper venue.

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 21 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 – SURVIVABILITY AND ASSIGNMENT 

The representations, warranties, indemnifications, and other obligations made by you in these Terms will survive termination of this Agreement.

You may not assign your rights and obligations under these Terms without prior written consent from Koyal Wholesale. Koyal Wholesale reserves the right to transfer its rights and obligations under this Agreement, including in the event of a sale or merger.

SECTION 23 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via our contact us form.