Terms and Conditions of Sale
Effective date: 11/22/2016
These Terms and Conditions of Sale (“Terms”) are between you ("you") and Pack Animal, Inc. (“Pack Animal,” “we,” “us,” or “our”) and control orders and pre-orders placed by you for Pack Animal products (each a “Product”). Please read these Terms carefully before submitting your order or pre-order (collectively“order”). Your order confirms you consent to these Terms.
- Eligibility. You must be at least 18 years old to place orders for Products. You represent and warrant that you are at least 18 years old.
- Payment. Payment must be made at the time your order is placed.
- Pricing and Availability. Prices for Products are posted on our website, www.packanimal.co. Pack Animal reserves the right to change the prices of its Products on a going forward basis at any time in its sole discretion. We do our best to ensure that the prices posted for our Products are correct, but errors may occur. If we discover an error in the price of any Product, or the availability of a Product you have ordered, we will inform you of the error as soon as possible and give you the option of reconfirming your order or cancelling it. If we are unable to reach you regarding the error, we will cancel the order and refund payment to you.
- We reserve the right to discontinue or change the design of any Product at any time;
- The designs and materials of pre-order items may change during the manufacturing process.
- We make reasonable efforts to accurately represent the colors and materials comprising our Products but we cannot guarantee the accuracy of your computer display when viewing images of the Products on our website.
- We make reasonable efforts to represent each Product as it will be delivered to you, but you understand and agree that the final Products delivered to you may differ in appearance, construction and function from the images and descriptions provided at the time you place your order.
- If you are dissatisfied with any Product, you may return the product for a refund according to our refund policies set forth in Section 4.
- Refunds and Exchanges.
- Cancellations. You may cancel an order at any time before shipping. To cancel your order, please email firstname.lastname@example.org.
- Returns & Exchanges. We are happy to exchange or provide a refund for Products which are unused and suitable for resale, as long as you return them to Pack Animal within 30-days of the date of shipment. If you want to return or exchange your Product, please email email@example.com with your order number and exchange or refund preference. We will email you with instructions on how to ship the item(s) back to us. All returns and exchanges must be approved before you ship the Product back to us. Unapproved returns or exchanges may be rejected and returned to you. Other than returns or exchanges for damaged Products, you are responsible for the cost of returning and/or exchanging Products to us and those Products are your responsibility until they reach us, so please make sure you package your return to prevent any damage to the items. We recommend that you ship your return using a service that allows you to track the items you are returning. If you are exchanging a Product you are responsible for paying any increase in price between your original Product and your exchanged Product, as well as shipping costs to return the exchanged Product to you. You must pay any additional amounts before we will ship the exchanged Product to you. If the cost of your exchanged Product is less than the amount paid for your original Product, will apply the difference to any shipping fees and will refund any remaining balance to you.
- Refunds. Your refund will be applied to the original form of payment. Please allow up to six weeks for refunds to post to your account. If for any reason, Pack Animal is unable to refundto the original form of payment (for example, due to a cancelled credit card or a closed PayPal account), Pack Animal will make every reasonable attempt to contact you to arrange for the refund. If Pack Animal is unable to obtain alternative payment instructions from you regarding the refund, Pack Animal will treat your payment amount as unclaimed property in accordance with Washington State law.
- Damaged Products. We will gladly exchange any Product that is damaged during shipping from us to you, so long as we are notified about the damage within 72-hours of your receipt of the Product. Direct shipping costs related to the exchange of a damaged Product for domestic (US) orders will be reimbursed by Pack Animal. Please email firstname.lastname@example.org regarding Products damaged during shipping; photos of alleged damage may be requested before any exchange can be processed.
- Pre-Orders. You may have the opportunity to place a pre-order for Products that Pack Animal has not yet manufactured. You are required to pay for any pre-orders at the time you place your order, as well as anticipated shipping fees. Upon placement of the order and submission of payment, a Pre-order constitutes an offer to purchase a Product. Pack Animal, in its sole discretion, may accept or reject your offer at any time and for any reason and, if rejected, will refund the amount actually paid for the Product. This refund is your sole and exclusive remedy, and Pack Animal’s sole liability to you, in connection with a rejected offer. If you have any questions or concerns regarding Pack Animal’s pre-order policy, please contact Pack Animal at email@example.com.
- Standard Shipping. Shipping costs for in-stock Product orders are charged at the time you place your order. Most orders for in-stock Products are shipped from our facilities within seven business days of receipt of your order and payment. If there is a delay, we will notify you by mail or email. Products sent directly from our suppliers may take longer to ship, and items ordered together may not arrive in the same box. Orders containing both in-stock and pre-order Products will be treated as pre-orders and subject to the provisions applicable to pre-orders.
- Pre-Order Shipping. You understand and agree that when you place a pre-order for Products, the Products have either not been manufactured yet, or are not ready for delivery. Any shipping date that is posted in connection with a pre-order Product is only an estimate and shipping dates may vary from the date posted. Following are our general shipping policies for pre-order Products:
- We will notify you via email once your pre-ordered Product is ready to ship. If we are unable to ship your pre-ordered Product by the posted anticipated shipping date, we will notify you with the new anticipated shipping date.
- We will confirm your shipping address by mail or email if more than 90 days have passed since you placed your pre-order. If we are unable to confirm your shipping address within a reasonable time (not more than 30 days), we will cancel your order and return your payment.
- You will be charged for estimated shipping and other charges at the time you place your pre-order. If actual shipping costs or other charges exceed the estimated amount you have already paid, we may require you to pay the additional shipping costs. If you are unwilling or unable to pay such additional amounts, we will cancel your order and refund your payment.
- Transfer and Risk of Title. Unless stated otherwise herein, or otherwise agreed to between you and Pack Animal, title and risk of loss of the Product passes to you upon our delivery of the Product to the shipping carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility.
- Taxes. Tax, tariff, import, customs, and other charges applicable in your jurisdiction (“Fees”) may be charged at the time you place your order, or you may be required to pay such amounts prior to receipt of your Product. You are solely responsible for all Fees in connection with your order. If you are unable or unwilling to pay any of the Fees associated with your order, we reserve the right, in our sole discretion, to cancel your order and return your payment. We reserve the right to refuse to cancel your order if the order is held in customs because you are unwilling or unable to pay the applicable Fees or other charges assessed by any third party.
- Export Control. Products may be subject to export control laws and other laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations, and you represent and warrant that you will not export, re-export, or transfer indirectly or directly any Product in violation of such laws and/or regulations. You will defend and hold Pack Animal harmless against all claims, damages, or liability resulting you’re your breach of the foregoing.
- Use of Products. Products are for your own personal use and not for resale. You are responsible for complying with all applicable laws, regulations and ordinances in connection with your use of the Product, including, without limitation, all safety laws and motor vehicle laws. You will use the product in strict accordance with any documentation provided with your Product.
- Intellectual Property. Pack Animal or its licensors own all right, title and interest in and to all proprietary rights in and to the Products, including, without limitation, all patents, trademarks, copyrights and trade secrets (“IP Rights”). You do not acquire any IP Rights in the Product by virtue of any order, pre-order, or by virtue of obtaining title to a particular Product.
- Limited Lifetime Warranty. Pack Animal guarantees the Products we manufacture against Materials Defects for up to five (5) years from your receipt of the Product (“Product Lifetime”). “Materials Defects” means defects in seams, zippers, snaps, rivets and other hardware, leather and textile materials. Your sole remedy for Materials Defects is to return the affected Product to us for repair or replacement. Pack Animal will, at it’s sole discretion, choose to repair or replace products with repair typically being the preferred course of action. For any Materials Defects that occur during the Product Lifetime, repairs and all related shipping costs are on us, with the exception of any customs, duties, tariffs or taxes incurred by shipping new or repaired merchandise back to you. Beyond the Product Lifetime, we may offer repair services at set fees. All warranty claims must be approved by us in advance. Please email firstname.lastname@example.org regarding all warranty claims; photos of alleged defects may be requested before any warranty claim can be processed.
This warranty does not apply to:
- General wear and tear, damage from extreme use, or uses other than the Product’s intended purpose;
- Cosmetic variations and changes in Product appearance due to exposure to sun, weather, water, heat, cold, abrasion, or use of third-party cleaners or conditioners. Materials may change in appearance over time, and such changes due to age are not covered by this warranty.
- Damage from improper installation of the Product or failure to comply with Product documentation and/or guidelines.
- Damage from any motorcycle accident;
- Damage from motorcycle exhaust heat, whether caused by direct or indirect contact, sustained or momentary exposure;
- Damage from moving motorcycle parts, including the wheel, spokes, chain, sprockets, and suspension components.
- Products not manufactured by Pack Animal (ex. t-shirts, mugs, hats, product cleaners, etc.)
- Disclaimer and Limitation of Liability. EXCEPT AS OTHERWISE STATED HEREIN, PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY PRODUCT IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE PRODUCT, AND THAT PACK ANIMAL AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE PRODUCT OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PACK ANIMAL AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, OR PROPERTY DAMAGE, RESULTING FROM YOUR USE OF ANY PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PACK ANIMAL OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR THE INDIRECT LOSS OF PROFIT, OR REVENUE) ARISING OUT OF OR RELATING TO ANY PRODUCT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF PACK ANIMAL AND/OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
- Indemnification. You agree to indemnify, defend, and hold harmless Pack Animal and its officers, directors, employees, agents, affiliates, and suppliers (“Indemnitees”) from and against any and all third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
- Force Majeure. Pack Animal will not be liable, or deemed to have defaulted under, or breached these Terms, for any failure or delay in fulfilling any order when and to the extent such failure or delay is caused by or results from anything beyond its control, including, but not limited to, the following (each a "Force Majeure Event"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor or materials stoppages, slowdowns, or shortages, or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. If, within 30 days of any Force Majeure Event, Pack Animal is unable to ship your order, it will refund your payment.
- CHANGES TO THESE TERMS. All orders are subject to, and related disputes will be governed by, these Terms as agreed between the Parties at the time the order is placed. Pack Animal may revise or update the Terms from time to time in our sole discretion, so please review the terms in detail before you place an order, even if you have ordered from us previously.
- Entire Agreement. These Terms constitute the entire agreement between you and Pack Animal with respect to your order, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to your order.
- Non-Transferable. These Terms are personal to you, and may not be assigned or transferred prior to obtaining Pack Animal’s written consent.
- Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING A CLAIM ON BEHALF OF OTHERS.
Any disputes or claims arising from a Product or these Terms will be resolved by binding arbitration under the Federal Arbitration Act, federal arbitration law and rules, and Washington state law.
To the fullest extent permitted by law: (i) no arbitration under these Terms shall be joined to any other arbitration; (ii) no class arbitration proceedings will be permitted; (iii) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Pack Animal); and (iv) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Pack Animal). Both parties will be responsible for their respective arbitration fees.
- Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the state of Washington without giving effect to any choice or conflict of law provision or rule. Notwithstanding the foregoing, Pack Animal retains the right to bring any suit, action or proceeding against you in connection with these Terms or your use of any Product in your country of residence or any other relevant country.
- Injunctive Relief. We both agree that Pack Animal may bring suit exclusively in federal court in Seattle, Washington, to enjoin infringement or other misuse of any of our IP Rights.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED (if applicable law prohibits a one (1) year limitation period for asserting claims, the claim must be asserted within the shortest time period in excess of one (1) year that is permitted by applicable law).
- Waiver and Severability. No waiver by Pack Animal of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Pack Animal to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- Survival. These Terms will survive your receipt of your order.
- Notices, Questions, or Concerns. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Unless specified otherwise herein, all notices to Pack Animal should be sent to:
Pack Animal, Inc.
3208 Queen Anne Ave., N., Ste. 2
All other comments, requests for technical support and other communications relating to these Terms or any Product should be directed to: email@example.com