Terms of Sale
YOUR PURCHASE AND USE OF ANY PRODUCTS SOLD ON 1CAMO.COM (“WEBSITE”) SHALL BE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”), WHICH IS A BINDING AGREEMENT BETWEEN YOU (“YOU”) AND 1CAMO LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (“US OR “WE”).
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THIS AGREEMENT.
Sale Authorization & Payment Terms
By providing your credit card, debit card, Stripe/PayPal account, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for all products You purchase, and all other stated shipping costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You click the submit button and otherwise have authorized the payment.
We are not responsible for pricing, typographical, or other errors in any price stated on this We reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any product description or information contained on this Website regarding such product. All pricing is in United States currency (USD) unless otherwise stated. All listed prices do not include shipping and handling charges unless otherwise indicated. You agree to pay all charges that may be incurred by you or on your behalf through this Website, at the actual price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. If an product’s actual price is lower than the price stated on this Website, we will charge the lower amount and ship the product to You. If an product’s correct price is higher than the price stated on this Website, we will notify You via email and we will cancel your order. We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
All sales are subject to product availability and we may revise and discontinue any product at any time without notice to You (which may affect any information saved in any saved searches or your shopping cart). We also reserve the right, with or without prior notice to You, to i) limit the available quantity of or discontinue any product line; ii) bar any Website user from making any or all transaction(s); iii) refuse to provide any Website user with any product we sell; and iv) limit quantities on orders placed by the same user (or account), the same credit card, or orders that use the same billing and/or shipping address. If an product You have ordered is unavailable, your order will be placed on backorder and we will send an e-mail to You containing the estimated arrival time. After receipt of our email, You can then elect to wait for the product, or You may cancel your order by responding to the email and requesting that the order is canceled.
Accuracy of Materials
We make every effort to describe and display our products accurately on this Website. However, our products may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates on our Website. Accordingly, we do not guarantee the accuracy or completeness of the information provided on this Website relating to product prices, exact product colors, shapes or sizes as depicted on this Website or regarding product availability. We reserve the right to change or update information and to correct errors, inaccuracies or omissions in connection with the product at any time without prior notice.
Title to Products & Risk of Loss
Title to any products You purchase from us and risk of loss or damage to such products during the shipping process shall pass to You upon delivery by us to the carrier for shipment of any product(s) You purchase.
We will generally ship any products you purchase within 3-5 business days from the date ordered (10-14 business days for CUSTOM ENGRAVED). All costs of shipping, handling, and any sales or value-added tax required to be collected by us will be additional costs to You unless otherwise expressly indicated at the time of sale. All shipping times listed on this Website are only estimates of the expected number of business days it will take for in-stock merchandise to be shipped from our facilities and delivered to You. (“Business days” means Monday-Friday, excluding holidays). In some cases, merchandise may actually ship earlier than expected. An initial confirmation email may be sent by us to You after successfully placing an order through our Website. However, any confirmation you receive from us regarding receipt of any order by You does NOT mean your order request has been received or that your order has been accepted or shipped as this is an automated email confirmation. Once your order request has been successfully received and your product has been shipped, You will receive an email confirmation of the shipment.
Taxes & Other Charges
Unless otherwise indicated and, You are responsible to pay any applicable sales (use) taxes or any other similar tax required to be paid by the state in which You reside or any custom duties or VAT taxes required to be paid by You due to your purchase of the product from this Website. If we are required to collect any taxes at the point of sale, then all applicable taxes will be added to the purchase price and You agree to pay the same unless You provide us with a valid and correct tax exemption certificate applicable to your purchase of any products from us.
Our Return Policy
You may return any product purchased from us for any reason or for no reason (NO RETURNS ON CUSTOM ENGRAVED). All returns must be shipped (postmarked) to us no later than 30 days from the delivery date. Failure to follow the return instructions included with the product or posted on this Website shall render any obligation by us to refund your purchase price null and void. We will refund the purchase price of the returned product in full, but excluding any shipping and handling charges You have paid, which are non-refundable by us (to the extent free shipping on any such product(s) has not been offered by us). You will also be solely responsible to pay for all return shipping costs incurred by You for sending any product(s) back to us and You will also be soley responsible for the shipping costs necessary to send any returned product(s) back to You. (If applicable, in instances where we have created an account with the shipping service and have elected to be charged directly for return shipping costs, then such costs will be directly deducted from any refund You receive.)
All returned products must be shipped back to us using a shipping service that offers a tracking option. Unless otherwise noted during your purchase, products may be returned in an opened box or opened packaging provided any returned product(s) is undamaged and is in an unused condition and must include all documentation, media or all other separate products or components that were included in the original shipment. Any products You return cannot be damaged and cannot show any signs of wear or use or no refund will be provided whatsoever. You are responsible for all risk of loss for any returned products. We are not responsible for any returned products that are lost or damaged during shipping. We will provide a refund to you as soon as is reasonably possible after our receipt of your returned product(s) and after we have inspected the same to determine whether or not any such product(s) is damaged or whether any signs of wear or use exist.
To return any product You purchase, please send all return shipments to:
805 E Acacia Ave Unit F
Glendale, CA 91205
Once any returned product(s) is/are received and inspected by us, we will notify You by email that we have received your returned product(s) and whether we have approved or rejected your request for a refund, as based upon the reasons set forth above. All approved returns will be processed and a credit will automatically be applied to your credit card or applied to your original method of payment within a reasonable amount of time thereafter. If you do not receive any refund You are entitled to receive under this Policy, please re-review your bank account statements or contact your credit card company, as applicable. We do not have any control over the refund processing time by your credit card provider or by your bank. If You believe that an unusual amount of time has elapsed from the date You have received a refund/return approval notification from us, please contact us at firstname.lastname@example.org.
Exchanges For Defective Product
We may elect to repair, make appropriate adjustments to, or replace any product You purchase that is defective (which includes any unknown damage to such product caused by us during packaging) upon our receipt of notification by You that such product is defective and a request by You that the product is defective. In such case, we will be responsible for all shipping and handling costs in connection with any return shipment by You. You should follow the same procedure for returning non-defective products as set forth above. Any replacement products we exchange/replace will not be shipped back to You until we have had a reasonable amount of time to inspect all returned products.
You may cancel any existing purchase by sending us an email within 24 hours of purchasing a product(s). No cancellations will be honored by us if made after any product You have purchased have been shipped. All requests to cancel any existing purchases must be made by sending an email to email@example.com, which must contain your request to cancel your purchase and should include the purchase/order number or date of sale if no purchase/order number was provided. Once the product(s) has been shipped, You must contact us by email to initiate the return process.
Changes To Existing Purchases
Modifications to any existing purchases will be permitted at any time prior to the shipment of the original product(s) the subject of the purchase. Any additions to any purchases shall be subject to product availability and may not be able to be shipped within the same time-frame as your original purchase in some cases. All requests to make changes to an existing purchase must be made by sending an email to firstname.lastname@example.org.
Our Intellectual Property
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. This includes any product names appearing on this Website whether marked or unmarked by us. No trademarks, trade names, service marks, etc., posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title, and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, regardless of how such products or services may be referenced or identified.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS TO YOU AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES WHATSOEVER WITH RESPECT TO ANY GOOD YOU PURCHASE, WHETHER EXPRESS OR IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
LIMITATION OF LIABILITY
YOU AGREE THAT WE OR ANY OF OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSORS AND/OR ASSIGNS, IF APPLICABLE, SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OF ANY Product OR SERVICE FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR LIABILITY FOR ANY AND ALL TYPES OF DAMAGES SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE §1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers & Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties and the extent of our liability shall be as limited as allowed under any applicable laws.
B. Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard in Los Angeles, California. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
E. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your purchase of any product we sell to You may only be brought exclusively in state or federal court situated in Los Angeles, California and You hereby expressly agree to submit to the personal jurisdiction of such court or tribunal and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of the sale the subject of these terms. This Agreement shall be construed and enforced in accordance with the laws of the state of California, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods or any other uniform International trade laws.
F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party’s control.
H. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
I. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
J. Survival. Any provisions of these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.