These Terms & Conditions ("Terms") govern your access to and use of the website kdw-performance.com and any products purchased from KDW Performance LLC ("KDW Performance," "we," "us," or "our"). By accessing our website or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
By accessing the website, creating an order, or otherwise using our services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and KDW Performance LLC.
You must be at least 18 years old, or the age of majority in your jurisdiction, and able to form a legally binding contract to use our services or purchase Products. By using the Website, you represent and warrant that you meet these requirements.
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for personal, non-commercial purposes in accordance with these Terms. You agree not to interfere with the operation, security, or integrity of the Website.
We make reasonable efforts to describe and display Products accurately, but we do not warrant that descriptions, images, or other content are error-free, complete, or current. All orders are offers to purchase and are subject to acceptance by us. We reserve the right to refuse or cancel any order, limit quantities, and correct pricing or descriptive errors, even after an order has been submitted. Prices are subject to change without notice and exclude taxes, duties, and shipping unless stated otherwise.
Payment is processed through trusted third-party payment processors. By submitting payment information, you represent that you are authorised to use the payment method and authorise us to charge the total order amount, including taxes and shipping. We do not store complete payment card details on our systems.
Orders are processed within 1–2 business days and delivered within a maximum of 7–10 days, as detailed in our Shipping Policy. Risk of loss and title for Products pass to you upon delivery to the carrier. We are not responsible for delays caused by carriers, customs, or events beyond our reasonable control. You are responsible for providing accurate shipping information and for any applicable import duties or taxes.
You may request a return of eligible, unused Products in their original condition and packaging within 30 days of delivery, as detailed in our Refund & Return Policy. Certain items may be non-returnable for health, safety, or hygiene reasons. Approved refunds are issued to the original payment method after the returned Product is received and inspected. To initiate a return, contact us using the details in Section 16.
All content on the Website — including text, graphics, logos, trademarks, product names, and design — is owned by or licensed to KDW Performance LLC and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written consent.
You agree not to:
THE WEBSITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, KDW PERFORMANCE LLC AND ITS OFFICERS, MEMBERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE WEBSITE OR PRODUCTS. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
You agree to indemnify and hold harmless KDW Performance LLC and its officers, members, and agents from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Website or Products.
These Terms are governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict-of-laws principles. You agree that any dispute arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in New Mexico, unless otherwise required by applicable consumer protection law.
We may revise these Terms from time to time. The "Last updated" date indicates the most recent revision. Your continued use of the Website or services after changes take effect constitutes acceptance of the revised Terms.
For questions about these Terms, returns, or your order, please contact us: