Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you ("you" or "your") and Kwikze LLC, doing business as Kwikze Paint ("Kwikze Paint," "Company," "we," "us," or "our"), regarding your use of kwikzepaint.com (the "Website") and any products, services, and communications provided by Kwikze Paint (including in-store purchases, custom paint tinting, color consultation, customer support, and SMS/email communications), collectively referred to as the "Services."

By accessing or using the Website, purchasing from our stores, or engaging with our communications, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Website or our Services.

1. Who We Are / Contact

Kwikze Paint is operated by Kwikze LLC, a Texas limited liability company and authorized Benjamin Moore retailer.

• Phone:(281) 407-0502
• General email:[email protected]
• Privacy email:[email protected]

Store locations (Houston area):

• 7918 Fry Road, Suite 180, Cypress, TX 77433
• 4836 Beechnut Street, Houston, TX 77096
• 8366 Westheimer Rd, Houston, TX 77063

2. Eligibility

The Website and our Services are intended for users 18 years of age or older. By using the Website, you confirm that you are at least 18 years old. If you are under 18, please do not use the Website or submit personal information through any form.

3. Changes to These Terms

We may update these Terms from time to time. Changes become effective when posted on the Website with an updated "Last Reviewed" date. Material changes will be highlighted at the top of this page for at least 30 days. Your continued use of the Website or our Services after changes are posted means you accept the updated Terms.

4. Website Use

You may use this Website for lawful purposes only. You agree not to:

• Use the Website in any way that violates applicable laws or regulations
• Attempt to interfere with the Website's security, performance, or underlying infrastructure
• Scrape, harvest, or collect data from the Website without our express written permission
• Submit false, misleading, or incomplete information through any form, or impersonate any other person or entity
• Upload or transmit malware, viruses, or harmful code
• Reproduce, distribute, or modify Website content without our written consent
• Use automated tools (bots, scripts) to circumvent our anti-abuse systems, including Cloudflare Turnstile

We reserve the right to modify, suspend, or discontinue the Website or any part of it at any time without notice.

5. Products, Pricing, and Availability

All product descriptions, availability, and prices shown on the Website or in our stores may change at any time without notice. We reserve the right to:

• Limit quantities purchased per customer, per transaction, or per product
• Refuse or cancel orders at our discretion, including cases of suspected fraud, reseller activity, pricing errors, or inventory issues
• Correct pricing errors before or after an order is placed (we will contact you and allow cancellation if a significant correction is needed)

Prices do not include applicable taxes unless otherwise stated.

6. Color Accuracy and Custom-Tinted Paint

Color representation

We make reasonable efforts to display product colors accurately on the Website and in marketing materials. However, screen and monitor colors may differ from real-world paint colors due to display variation, ambient lighting, and other factors beyond our control. We recommend viewing physical color samples in-store or ordering a sample pot before committing to a large quantity.

Custom-tinted paint is non-refundable

Once paint is custom-tinted to a specific color, it cannot be returned, refunded, or exchanged. This applies to all custom-mixed, color-matched, and special-order tinted products. This is an industry standard because tinted paint cannot be returned to inventory or resold.

If a custom-tinted paint is defective or mis-tinted due to our error, contact us within 14 days and we will work with you to resolve the issue.

7. Returns and Exchanges

Our return policy for non-custom products

• Unopened, untinted products in original condition may be returned within 30 days of purchase with a receipt
• Opened products are not returnable
• Custom-tinted paint is not returnable (see Section 6)
• Special-order items (non-stock products ordered specifically for you) are not returnable

Return process

• Bring the item and your receipt to any Kwikze Paint location, or contact us at (281) 407-0502 to discuss the return
• Refunds are issued to the original payment method
• Shipping costs (if any) are non-refundable

We reserve the right to refuse returns that do not meet these conditions.

8. Contact Form and Inquiries

When you submit a contact form on our Website, call us, or email us:

• You may request product information, color consultation, pricing, or contractor account information
• A Kwikze Paint team member will respond by email, phone, or text message (if you opted in for SMS) within our normal business hours
• There is no obligation to purchase as a result of your inquiry
• Information you provide is handled according to our Privacy Policy

9. Contractor and Business Accounts

We offer contractor and business accounts with volume discounts, dedicated support, and net payment terms subject to credit approval. Contractor account terms are governed by a separate written agreement. Nothing in these Terms modifies the rights and obligations in an existing contractor account agreement.

10. Product Warranties

Paint and related products sold by Kwikze Paint may carry manufacturer warranties (for example, Benjamin Moore product warranties). These warranties are offered by the manufacturer, not by Kwikze Paint, and are subject to the manufacturer's terms and conditions.

Kwikze Paint does not provide labor warranties because we do not perform painting labor. We sell paint and supplies. If you have a product defect claim, contact us at (281) 407-0502 and we will help you navigate the manufacturer's warranty process.

Limitations

Product warranties do not typically cover:

• Improper surface preparation
• Application errors
• Damage caused by abuse, neglect, or acts of nature
• Use in environments or on surfaces other than those specified by the manufacturer

11. SMS/Text Messaging Terms

By providing your phone number on our Website, in-store, or through our staff and opting in to receive text messages, you agree to the following terms.

Program Description

If you opt in, you may receive SMS/text messages from Kwikze Paint that may include:

• Confirmation that we received your inquiry
• Follow-up on your request (product questions, order support, store information)
• Notifications (availability, order status, appointment reminders where applicable)
• Promotional offers (only if you separately consent to promotional messages)

Opt-In / Consent

You will only receive texts if you opt in (for example, by submitting a form on the Website that includes an SMS consent statement, or by otherwise agreeing to receive texts). Your consent to receive promotional texts is NOT a condition of purchasing any goods or services from Kwikze Paint.

Message Frequency

Message frequency varies depending on your inquiry, interactions, and whether you opted in to promotional messages. You may receive up to approximately 4 messages per month for promotional content, plus transactional messages as needed.

Message and Data Rates

Standard message and data rates may apply based on your mobile plan. Kwikze Paint is not responsible for any carrier charges incurred.

Opt-Out (STOP)

You can cancel SMS at any time by replying STOP to any text message. After you reply STOP, we will send one final confirmation message and you will not receive further texts from that program unless you opt in again.

Help (HELP)

For help, reply HELP to any text, or contact us at (281) 407-0502 or [email protected].

Carrier Disclaimer

Supported carriers include all major US mobile carriers. Wireless carriers are not liable for delayed or undelivered messages.

Delivery

Messages may be sent using an automatic dialing system and may be delivered through third-party messaging providers. Delivery is subject to your mobile carrier and device availability.

Sample Message (Inquiry Confirmation)

"Kwikze Paint: Thanks for your message, we received your request and a team member will contact you shortly. Reply STOP to unsubscribe, HELP for help. Msg & data rates may apply. (281) 407-0502"

Data Sharing

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All categories of opt-in data and consent (including phone numbers collected through SMS opt-in) will not be shared with any third parties except service providers who assist in delivering our messaging program. See our Privacy Policy for full details on how we handle your data.

12. Third-Party Links and Services

The Website may reference or link to third-party tools, platforms, or websites, including (but not limited to):

• Benjamin Moore (manufacturer website and color tools)
• Google (Maps, Analytics, Ads, Business Profile)
• Meta Platforms, Inc. (Facebook/Instagram, planned)
• Cloudflare (hosting and security)
• Payment processors (in-store and online)

We are not responsible for third-party content, policies, products, or services. Your use of third-party services is governed by those third parties' own terms and privacy policies.

13. Intellectual Property

All content on the Website, including text, images, logos, graphics, product listings, design, color palettes, and arrangement, is the property of Kwikze LLC (doing business as Kwikze Paint) or used under license, and is protected by copyright, trademark, and other intellectual property laws.

"Benjamin Moore," "Aura," "Regal Select," "Advance," and other Benjamin Moore product names are trademarks of Benjamin Moore & Co., used with authorization as an authorized retailer.

You may not copy, reproduce, distribute, modify, or use any Website content for commercial purposes without our prior written permission.

14. Privacy

Your use of the Website and Services is also subject to our Privacy Policy. The Privacy Policy describes how we collect, use, share, and protect your information, including Texas Data Privacy and Security Act rights and SMS consent record keeping.

15. Disclaimers

The Website and its content are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim:

• Any warranty that the Website will be uninterrupted, error-free, or free of viruses or harmful components
• Any warranty of merchantability, fitness for a particular purpose, or non-infringement in connection with the Website
• Any responsibility for color accuracy shown on your device (see Section 6)

Product warranties (where offered) are provided by the manufacturer and governed by the manufacturer's terms.

16. Limitation of Liability

To the fullest extent permitted by law, Kwikze Paint (Kwikze LLC), its owners, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of (or inability to use) the Website or Services, including but not limited to lost profits, lost data, or business interruption.

Our total liability for any claim related to the Website shall not exceed one hundred dollars ($100) or the amount you paid us in the twelve (12) months preceding the claim, whichever is greater.

This limitation does not apply to our obligations for defective products under applicable consumer protection law, or any liability that cannot be waived under applicable law.

Some states do not allow certain limitations of liability; in those states, these limitations apply to the maximum extent permitted.

17. Indemnification

You agree to defend, indemnify, and hold harmless Kwikze Paint (Kwikze LLC), its owners, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your misuse of the Website or Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third party's rights, including intellectual property or privacy rights

18. Governing Law and Venue

These Terms shall be governed by the laws of the State of Texas, without regard to its conflict-of-law principles. Any dispute arising out of or related to these Terms, the Website, or our Services shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction and venue of those courts.

You agree that you will not bring any claim in any other jurisdiction.

19. Severability

If any provision of these Terms is found by a court to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other policies posted on the Website or provided to you in writing (including contractor account agreements, return policies, and product-specific terms), constitute the entire agreement between you and Kwikze Paint regarding your use of the Website and Services.

21. Contact Us

Questions about these Terms? Contact us:

• General email:[email protected]
• Privacy email:[email protected]
• Phone:(281) 407-0502

In person: At any of our three Houston-area locations (see Section 1).