Terms of Sale
Welcome to Our Store. These Terms of Sale (“Terms”) govern your purchase of products from our website and related services. By placing an order, you agree to be bound by these Terms and our other policies. Please read them carefully.
1. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
2. Products and Availability
All products are subject to availability. We reserve the right to limit the quantities of products we offer and to discontinue any product at any time. Descriptions and images of products are provided for your reference; however, we cannot guarantee that your device’s display will be perfectly accurate. We reserve the right to refuse any order you place with us.
3. Pricing and Payment
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
4. Order Acceptance and Fulfillment
Your order represents an offer to purchase a product. We accept your offer by shipping the product or notifying you of shipment. Any order confirmation you receive is an acknowledgement of receipt of your order, not an acceptance. We may cancel any order prior to shipment for reasons including, but not limited to, product availability, errors in pricing or description, or suspected fraud.
5. Shipping and Risk of Loss
Title to the products, and risk of loss, passes to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Shipping dates provided are estimates only, and we are not liable for delays. For more information on our current shipping practices, please refer to our dedicated shipping policy page at durablewest.com.
6. Returns and Exchanges
We want you to be satisfied with your purchase. Subject to the conditions outlined in our full Return Policy, unused and unaltered items in their original packaging may be eligible for return or exchange within a specified period from delivery. You are responsible for return shipping costs unless the return is due to our error. Detailed instructions and the return window are specified in our complete Return & Exchange Policy available at durablewest.com.
7. Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR PRODUCTS, OR FOR ANY CLAIMS RELATED THERETO. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS GIVING RISE TO THE CLAIM.
9. Indemnification
You agree to indemnify, defend, and hold us harmless from any claim or demand made by any third-party due to or arising out of your breach of these Terms, your violation of any law, or your infringement of any right of a third-party.
10. Governing Law and Dispute Resolution
These Terms and any separate agreements whereby we provide you services shall be governed by the laws of the jurisdiction in which our company is established. Any dispute arising from these Terms shall be resolved exclusively in the courts located in that jurisdiction.
11. Changes to Terms of Sale
You can review the most current version of the Terms of Sale at any time at this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
12. Contact Information
Questions about the Terms of Sale should be directed to us through the contact methods provided on our main website at durablewest.com.
13. Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire agreement between you and us regarding the purchase of products from our store.