TERMS OF SERVICE
1. Information about us and how to contact us
1.1 Who we are. We are Unbroken® RTR USA, INC. a company registered in Delaware, USA. Our company file number is 7499747 and our registered office is at 251 Little Falls Dr, Wilmington, DE 19807, USA.
1.2 How to contact us. You can contact us by emailing us at firstname.lastname@example.org.
2. Our contract with you
2.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because, among other reasons, the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. Our products
3.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
3.2 Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us at email@example.com. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 6 – Your rights to end the contract).
4. Providing the products
4.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
4.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible.
4.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
4.4.1 deal with technical problems or make minor technical changes;
4.4.2 update the product to reflect changes in relevant laws and regulatory requirements;
4.4.3 make changes to the product as requested by you or notified by us to you.
4.5 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product.
4.6 Shipping Policy. For further information on product delivery, please check out our Shipping Policy.
5. Your rights to end the contract
5.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
5.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product or to get some or all of your money back), see clause 9;
5.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2;
5.1.3 In all other cases, see clause 5.3.
5.2 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
5.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
5.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
5.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
5.2.4 you have a legal right to end the contract because of something we have done wrong.
5.3 Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
6. How to end the contract with us
6.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number, address and email address.
6.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us. Please email us for a return label.
6.3 When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
6.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
6.5 When your refund will be made. We will make any refunds due to you as soon as possible For information about how to return a product to us, see clause 9.2.
7. Our rights to end the contract
7.1 We may end the contract if you breach it. We may end the contract for a product at any time by writing to you if:
7.1.1 you do not make any payment to us when it is due;
7.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products:
7.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
7.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract.
8. If there is a problem with the product
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us via email at email@example.com.
8.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please email us for a return label.
9. Price and payment
9.1 Where to find the price for the product. The price of the product (which includes any sales tax) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct.
9.2 When you must pay and how you must pay. We only accept payment with credit and debit cards. A list of credit and debit cards we accept will be indicated on the order page when you place an order. You must pay when you order the product.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
10.1 You expressly agree that your use of, or inability to use, the PRODUCT is at your sole risk. The product is provided without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
10.2 In no case shall WE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the product, or for any other claim related in any way to your use of the product, including. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11.1 You agree to indemnify, defend and hold US harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12. How we may use your personal information
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another company.
13.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of Delaware, United States. These terms shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The respective courts of Delaware, United States shall have exclusive jurisdiction for any dispute between the you and us. You and us hereby waive any rights to trial by jury.