TERMS AND CONDITIONS FOR ONLINE SALES
Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
By agreeing to these Terms of Service (“TOS” or “Terms”), you represent that you are at least 18 years of age or older.
By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies otherwise referenced herein. These TOS apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
In addition to other prohibitions as set forth in the TOS, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Service or Website, violate any laws.
Sales and Purchases
These TOS apply to all sales and purchases.
1. Order Acceptance and Cancellation. You agree that your order is an offer to buy all products listed in your order. We must accept your order or we will not be obligated to sell you the products. We may choose to not accept an order of any kind in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Black Rock Originals and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling us at 720-515-1707 or emailing us at email@example.com.
2. Prices and Payment Terms.a. All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e- mail.
3. Shipments; Delivery; Title and Risk of Loss. a. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
b. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We currently accept Visa, Discover, American Express, Mastercard, JCB International, Amazon Payments, and PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Returns and Refunds. We will accept a return of the products for a refund of your purchase price, provided such return is made within 30 days of your order and provided such products are returned in their original condition. Any item that not in its original condition, is damaged or missing parts for reasons not due to our error may be entitled to a partial refund in our sole discretion. To return products, you must call 720-515-1707 or e-mail us firstname.lastname@example.org to obtain our approval before shipping your product. No returns of any type will be accepted without our prior approval. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Refunds are processed within approximately [three] business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.5. Goods Not for Resale. You agree to comply with all applicable laws and regulations of the various states and of the United States and/or other applicable country or another jurisdiction. You represent and warrant that you are buying products from the Site for your own personal use only, and not for resale.
b. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
6. LIMITED PRODUCT WARRANTY. THE FOLLOWING APPLIES ONLY TO OUR PRODUCTS:
• THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
• THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.BLACKROCKOG.COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
• WE WARRANT THAT DURING THE WARRANTY PERIOD (AS DEFINED BELOW), THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
• WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
• SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
• OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT WITH A FUNCTIONALLY EQUIVALENT NEW PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY AND THIS WARRANTY DO NOT EXTEND TO ANY ITEMS STORED OR CARRIED INSIDE OUR PRODUCTS. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
• Who May Use This Warranty? This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
• What Does This Warranty Cover? This limited warranty covers during the Warranty Period defects in materials and workmanship in products purchased from the Site.
• What Does This Warranty Not Cover? This limited warranty does not cover any damages due to:
- improper or illegal use
- failure to follow the product instructions or to perform any preventive maintenance
- combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us
- unauthorized repair
- normal wear and tear
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
• What is the Period of Coverage? This limited warranty starts on the date of your purchase and lasts for two years (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
• What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you.
• How Do You Obtain Warranty Service? To obtain warranty service:
- E-mail us a photo or photos of your product and description of the issue at email@example.com during the Warranty Period.
- Once we receive your email, we will determine if the claim is valid.
- If approved, we will repair or replace the product free of charge and provide you with instructions for returning the product.
• Limitation of Liability Under This Section: THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY RELATED SOLELY TO OUR PRODUCTS. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
• SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Intellectual Property Rights
This website, and the information contained herein, including but not limited to all text, graphics, photographs, logos, trademarks, sounds, artwork and computer codes (collectively, “Content”), is the property of Black Rock Originals, LLC, a Colorado limited liability company (“Black Rock”) and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States and foreign copyright law, trademark law, international conventions and other intellectual property laws. All of the trademarks, service marks and logos displayed on this web site relating to Black Rock are
either registered or unregistered trademarks or tradenames of Black Rock and/or its affiliates.
Black Rock may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost or obligation to any person. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. Content may be used solely for non-commercial, personal informational purposes. Any and all copyright, trademark and other proprietary rights notices or identifying information must appear on all copies, including but not limited to the copyright notice at the bottom of the page.
Black Rock cannot guarantee that the Content of this web site has not been affected by technical malfunctions or unauthorized tampering. The Content of this web site is subject to change without notice. Black Rock may alter or delete Content from this web site at any time.
The Content may not be modified or altered in any way. No graphics may be used separate from accompanying text. For permission to use Content other than as described above, please Contact Us. Any rights not expressly granted herein are reserved.Please be advised that Black Rock enforces its intellectual property rights to the fullest extent of the law.
It is the user’s responsibility to ascertain whether any Content downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature
Limitation of Liability; No Duty to UpdateUNDER NO CIRCUMSTANCES SHALL BLACK ROCK OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT RESULT FROM ACCESS TO, THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT CONTAINED ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES, EVEN IF BLACK ROCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Although the Content of this web site is updated periodically, Black Rock does not have a duty to update any such Content and Black Rock will not be liable for any failure to update such Content. Black Rock does not assume any responsibility or liability for the accuracy, completeness, reliability or usefulness of the Content disclosed or accessed through this web site. It is your responsibility to verify any Content contained in this web site before relying upon it.
Links to Third-Party Web Sites
your own risk, and you are responsible for learning about and complying with the terms of usage and other conditions posted on those web sites.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Black Rock of that third party or of any product or service provided by that third party.
Export of Information
The United States Export Controls laws prohibit the export of certain technical data and software to certain countries, territories and individuals. No Content from this web site may be downloaded or otherwise exported in violation of United States law.
Jurisdictional IssuesBlack Rock makes no representation that the Content on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that all matters relating to your access to or use of this web site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Denver, Colorado and waive any objection to such jurisdiction or venue. Any claim under these TOS must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
These TOS constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Black Rock, as described above.
If you have any questions about the rights and restrictions above, please Contact Us.
For Additional Information