Website Terms of Sale
Estwing Manufacturing Co., Inc.
Last Updated: September 22, 2017
All orders are subject to acceptance by Estwing. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including the following: (a) limitations on our ability to accept orders for shipment to addresses outside the United States; (b) limitations on Service availability or quantities of Products available for purchase; (c) inaccuracies or errors in Product descriptions, images, or pricing information; and (d) problems identified by credit and fraud avoidance services. We may also require additional verifications, approvals or other information before accepting any order. After we receive your offer to purchase Products, we will send an order acknowledgement to the email address you provide listing the contents of your requested order. This e-mail serves only as information to the purchaser acknowledging that the order has been received.
The prices and availability of Products made available on the Store may change at any time without notice to you. Prices remain valid while they are listed and offered on the Store. Prices will be as posted on the Store as of the date and time of your order, as applicable. Availability of Products may be limited and Products may not be available for immediate delivery. Product colors, measurements, and weights are approximate only and may vary from the representation in the Store. These differences will not constitute a defect in or noncompliance of any Product. Some Products may not be available in certain areas. We reserve the right to modify Product offerings at any time, but we are not obligated to make any modifications to Products that have already been shipped.
Payment must be made by credit or debit card. Payment by credit or debit card is subject to the approval of the card issuer, and Estwing will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed and your order will be canceled. We have no responsibility or liability if your credit or debit card is declined by your financial institution.
SHIPPING AND HANDLING; TAXES
Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. Sales, use, and similar taxes will be charged to you by Estwing to the extent required by law. Products are typically delivered by U.P.S. ground if available. We reserve the right to make deliveries in installments. Estwing will not ship any orders outside of the continental United States.
TITLE AND RISK OF LOSS
Title to Products will pass to you when you receive the Products. Estwing will bear the risk of loss or damage to the Products during shipment to you.
Resale of Products purchased through the Store is prohibited.
If your order is incomplete upon delivery, please notify us immediately. Any claims for order shortages must be submitted to Estwing within seven days of your receipt of the shipment.
Order cancellations are at Estwing’s sole discretion. Our goal is always to ship your orders promptly, so it often is not possible to cancel an order once it is processed. If you wish to cancel an order, please submit your request via your online account (where that option is available) or contact our customer service department via email at firstname.lastname@example.org to see whether we can change, cancel or correct the order before it ships.
Any Product returns are solely within Estwing’s discretion. If you wish to return a Product that is in its original packaging, is undamaged, and is in resalable condition, you may submit your request via your online account (where that option is available) or contact our customer service department via email at email@example.com within 30 days after the date of purchase. You will be responsible for shipping any Product to Estwing that Estwing has agreed to inspect. Once your Product is received and inspected, we will send you an email to notify you that we have received your Product. We will notify you of the approval or rejection of your return. If your Product return is approved by Estwing, then your refund will be processed, and a credit for the original purchase price (excluding any shipping and handling fees) will automatically be applied to your credit or debit card within approximately 10 business days.
Estwing warrants that the Products will be free from defect in material or workmanship upon delivery. Your sole remedy upon any breach of this limited warranty will be the replacement of the Products that are proven to be defective in material or workmanship. You must notify Estwing in writing of any such defect in material or workmanship promptly after its discovery and you must provide Estwing with reasonable access to inspect any allegedly defective Products. Estwing has no responsibility or liability for, and this limited warranty does not apply to, normal wear and tear on Products, excessive or abnormal use of Products, and damage to Products due to negligent or faulty use, alteration, maintenance, storage, or handling.
DISCLAIMER OF WARRANTIES
THE ABOVE LIMITED WARRANTY IS THE ENTIRE AND EXCLUSIVE WARRANTY REGARDING THE PRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, EXPRESS AND IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTWING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION THOSE REGARDING MERCHANTABILITY, AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, INCLUDING PRODUCT DRAWINGS AND SPECIFICATIONS, OBTAINED BY YOU FROM ESTWING OR IN ANY MANNER FROM THE STORE CREATES ANY WARRANTY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ESTWING, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE STORE, YOUR ORDERS, OR YOUR USE OF ANY PRODUCTS, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF ESTWING HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF THE APPLICABLE PRODUCTS OR, AT ESTWING’S OPTION, REFUND OF THE PRICE PAID FOR THE APPLICABLE PRODUCTS. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ESTWING’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
These Terms are governed by the laws of the state of Illinois, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Winnebago County, Illinois, with respect to any dispute arising under these Terms unless otherwise determined by Estwing in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts. The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.
CONTACT CUSTOMER SERVICE
Estwing customer service may be contacted by email at firstname.lastname@example.org, by telephone at (815) 397-9558, or by mail at Estwing Manufacturing Co., Inc., 2647 Eighth Street, Rockford, Illinois