Store opening 10% OFF ALL products *Only with registration and $50 minimum order

Terms & Conditions

Terms

OF USE

Heavy gear shop

EFFECTIVE DATE: May 12, 2021

 

  1. Definitions
    • Company” “our”,” we” or “us” means Vista Shopware, Inc a corporation registered in Laws of the State of Delaware, USA;
    • “These Terms” means these terms and conditions;
    • User” “you” or “your” means the person, natural person, or legal entity, who makes use of the Website;
    • User Accounts” means the account that you will be required to open when registering for use of the Website in order to purchase any product advertised on the Website, and containing any personal information deemed necessary by the Company, including, but not limited to full name, payment information, shipping address, telephone numbers, and email addresses; and
    • Website” means the website situated at https://www.heavygear.shop/.

 

Heavy gear shop

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AS THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. PLEASE FURTHER NOTE THAT THESE TERMS APPLY TO BOTH YOUR USE OF THE WEBSITE AND THE TERMS OF ANY SALE CONCLUDED THROUGH THE WEBSITE.

 

  1. Overview
        • This website is operated by the Company and offers the information, tools, and service to you in accordance with the terms set out hereunder.
        • Your access and use of the Website constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and The Company. If you do not agree to these Terms, you may not access or use the Website. These Terms expressly supersede prior agreements or arrangements with you. The Company may immediately terminate these Terms with respect to you, or generally, cease offering or deny access to the Website or any portion thereof, at any time for any reason.

      Heavy gear shop

      • Supplemental terms may apply to the Website. Supplemental terms are in addition to and shall be deemed a part of the Terms for the purposes of the Website. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Website.

    Heavy gear shop

      • The Company may amend the Terms related to the Website from time to time. Amendments will be effective upon The Company’s posting of such updated Terms at this location or the amended policies or supplemental terms on the Website. Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.

    Heavy gear shop

    • Please refer to our Privacy Policy for how we collect, use and share information about you.

 

  1. Payment and Pricing
      • The Website is an online store, accordingly, to purchase a product advertised through the Website you will be required to open a User Account.
      • As of the date of these Terms, payment may be made, free of any set-off or deduction in the following methods: credit card or debit card or Stripe.
      • Prices of the items are sold exclusive of delivery charges, and, in the event of international sales, exclusive of import duties and taxes of which we have no liability and control over. Delivery charges, if any, shall be quoted prior to purchase.
      • It is further your express liability to determine the costs of any import duties which may be payable on your purchases.

    Heavy gear shop

      • Prices are subject to vary and change based on various factors such as availability and demand, however, the price of items purchased is fixed, subject to these Terms.

    Heavy gear shop

      • Payment Authority. You expressly warrant, confirm and represent to the Company that you are the lawful owner of any credit/debit cards, used to make purchases on the Website, alternately, that you have the express written consent of the lawful owner of the aforementioned credit/debit cards.

    Heavy gear shop

      • Credit/debit cardholders are subject to validation checks by the issuer, accordingly, should the issuer fail to approve any payments made on the Website, you specifically indemnify and hold the Company harmless for any liability arising therefrom.

    Heavy gear shop

      • Third-Party Access: dependent on your payment method, payments may be facilitated with third parties that the Company does not control. You acknowledge that different terms of use, terms of service, and privacy policies may apply to your use of such third-party service and content. The Company does not endorse such third party service and content and in no event shall it be responsible or liable for any item or service of such providers. These third parties are not parties to these Terms and are not responsible for the provision or support of the Website in any manner, accordingly, and without any limitation to any other provision of these Terms, the Company shall be indemnified and held harmless against any loss or damage occasioned from the use of such Website to the full extent of any applicable law.

    Heavy gear shop

      • You further agree that by using the Website the third parties, made reference to at Paragraph 3.8 above, may be granted access to all relevant information contained in your User Account, for the purposes of facilitating any payment. Should you not consent to make such information available as required herein, then your purchase may not be fulfilled.

    Heavy gear shop

      • Prices are shown in U.S. Dollars (except where otherwise indicated); taxes, shipping, and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens.

    Heavy gear shop

 

  1. Your use of the Website

    Heavy gear shop

    • User Accounts. In order to use the Website, you must register for and maintain an active User Account. You must be at least 13 years of age in order to access the Website and at least 18 years, or the age of legal majority in your jurisdiction (if different than 18), to obtain a User Account and make purchases through the Website. User Account registration requires you to submit to The Company certain personal information, such as your name, address, mobile phone number, and that you are over 18 years old, as well as one valid payment method. You agree to maintain accurate, complete, and up-to-date information on your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Website or The Company’s termination of these Terms with you. You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times.
    • Warranty of Authority. You warrant that you (a) are legally and lawfully competent to agree to these Terms; (b) are possessed of the necessary rights, power, and authority to legally bind yourself to these terms; (c) have not been suspended or removed from the Website.

 

  1. Errors
    • We attempt to be as accurate as possible and to eliminate errors on the Website, however, we do not warrant that any product, description, photograph, pricing, or other information is accurate, complete reliable, current, or error-free.
    • In the event of an error – whether on the Website, in an order confirmation, in processing an order, in delivering a product – we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such an error is to cancel your order and request a refund.

 

  1. Orders
    • All orders are subject to availability and acceptance. Items in your shopping basket are not reserved and may be purchased by other customers.
    • Delivery of the products is subject to our express acceptance of the order, irrespective of whether payment has been made or not.
    • For illustrative purposes, items may no longer be in stock due to the last unit being sold of that item, unexpected limits or delays from our suppliers, or the Company being unable to fulfil your delivery deadline.
    • No other party is authorized to accept an order on behalf of the Company, including, but not limited to our suppliers, couriers, or payment processors.
    • Acceptance of orders are subject to our sole and absolute discretion, and, may be rejected for any reason whatsoever, including:
      • where payment authorization cannot be obtained;
      • shipping restrictions apply to the purchased items;
      • the item does not meet our minimum quality control standards;
      • there was a pricing error in respect of the items purchased.
    • Should an order be rejected by the Company for any reason whatsoever, you specifically indemnify and hold the Company harmless against any liability arising therefrom.
    • Should payment have been made and the items are no longer available for any reason whatsoever, you shall be refunded as soon as we are able to affect the refund. Where a refund is granted by the Company and the items are in transit then the refund shall be granted upon receipt of the items.

 

  1. Delivery
    • When we ship to you or in accordance with your instructions, you agree to pay the shipping and handling charges, if any, shown on the Website when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice. You are, accordingly, advised to check all delivery charges before confirming an order.
    • Any shipping times shown on the Website at the time of purchase are estimates only and may vary based on factors that are beyond the control of the Company, such as, but not limited to logistical issues, extreme weather conditions, restraints on trade due to a pandemic, war, or acts of terrorism.
    • Ownership in purchased items shall be passed on the date of receipt of payment in full and delivery.
    • Should a third party, authorized by you to accept delivery, sign for receipt of the items then ownership, liability, and responsibility of the goods shall have passed to you.
    • Should you advise our appointed courier to deliver the goods to a location where there may not be a party who can sign for the delivery, then ownership, liability, and responsibility for the goods shall also be deemed to have passed to you.

 

  1. Agreement to Conduct Transactions Electronically
    • You agree that all of your transactions with or through the Website may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us.
    • You are required to make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

 

  1. Refunds, Returns, and Cancellation Policy
    • Only valid credit cards or other payment methods acceptable to us may be used and all refunds will be credited to the same card, or, in our sole discretion, another payment method. If the card (or any other payment method) cannot be verified, is invalid, or is otherwise unacceptable, your order may be suspended or cancelled automatically.
    • The Refunds, Returns, and Cancellation Policy can be found at the following link .

 

  1. Personal Information
    • Personal information collected, uploaded, and stored through the Website is governed by the Company’s Privacy Policy and Cookie Policy.
    • The Privacy Policy also encompasses your right to opt-out of any communications from the Company related to marketing and newsletters, however, it excludes the right to opt-out of administrative messages and service announcements.

 

  1. The Company’s Intellectual Property
    • Unless otherwise indicated on our Website, all intellectual property rights on the Website, including all material and content published therein are owned by us and our licensors, which includes the “HEAVYGEAR” logo, all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (“Website Content”) on the Website.
    • You cannot modify any content obtained from the Website, including, any videos, images, illustrations, graphics, or texts, for any reasons whatsoever. Should you wish to use any part of the content of the Website, you may only do with the express written consent of the Company.
    • You are granted a limited non-exclusive, non-sublicensable license to access and use the Website and Website Content for your own personal, non-commercial use. Such license is subject to your compliance with these Terms and, without limitation to any other exclusion does not include: (a) any resale or commercial use of the Website or Website Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Website Content; (d) modifying or otherwise making any derivative uses of the Website and Website Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Websites, the Website Content or any information contained therein, except as expressly permitted on the Websites or pursuant to separate terms; or (g) any use of the Websites or the Website Content other than for their intended purposes. Any use of the Website or the Website Content outside the scope of the license granted herein, without the prior written permission of the Company, is strictly prohibited and will result in automatic termination of the license granted herein. Such prohibited use in violation of the license granted may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time at the Company’s sole discretion.
    • Copyright and DMCA: In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512) the Company will remove any content which infringes upon the rights of a legitimate copyright owner, subject to a notice being received in compliance with 17 U.S.C §512(c)(3), which may be sent to info@heavygear.shop.

 

  1. Restricted Activities
    • Users shall not under any circumstances:-
      • modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website;
      • grant or sell access to a third party to access your User Account, or impersonate or act as another User;
      • contravene any laws in the use of the Website;
      • link to, mirror, or frame the Website or any portion thereof;
      • remove any copyright, trademark, or other proprietary notice from any portion or aspect of the Website;
      • reproduce, modify, distribute, license, sub-license, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by the Company;
      • use the Website in a way that infringes any third party’s intellectual property rights; and
      • use any robot, spider, site search/retrieval Website, or other manual or automatic or process to retrieve, index, scrape, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

 

  1. Termination
    • Your User Account may be restricted, or terminated, without any further notice, on the following bases:
      • should the User Account be flagged for any illegal or suspicious activity, by the Company, its duly authorized representative responsible for data security or any governmental organization; or
      • where the Company, in its sole and absolute discretion, determines that there is a material breach of these Terms.

 

  1. Force Majeure
    • The Company will not be held liable for any loss, damage of the Users due to Force Majeure. A “Force Majeure Event” for the purposes of these Terms shall mean any event that is beyond the reasonable control of The Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer viruses breach of security and encryption or any other cause beyond the control of The Company.

 

  1. Disclaimer
    • GOODS OBTAINED THROUGH THE WEBSITE ARE PURCHASED AND SUPPLIED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS TO THE FULL EXTENT PERMITTED BY THE LAW. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE WEBSITE OR ANY GOODS REQUESTED OR PURCHASED THROUGH THE USE OF THE WEBSITE, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
    • The Website Content, including, but not limited to photos, videos, articles, information, or other content is general in nature and must be used with an appreciation for the differing capabilities among individual users, weather and other varying conditions, and the differing demands placed on equipment or techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor enthusiasts. You acknowledge that you could be seriously injured or die when engaging in activities presented on the Website and that you should receive professional instruction when appropriate. You assume all risks when engaging in any activities or using any equipment presented on the Website.

 

  1. Limitation of Liability
    • THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE WEBSITE OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

  1. Warranty
    • ALL PRODUCTS SOLD ON THE WEBSITE ARE SOLD “AS IS” AND “WITH ALL FAULTSAND THE COMPANY IS NOT THE PARTY RESPONSIBLE FOR THE MANUFACTURE OF THE PRODUCTS.
    • The Company makes no express or implied warranties of merchantability or that the products purchased on the Website are fit for the purpose for which they were designed or any other purpose whatsoever, and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from the course of dealing, course of performance, or usage of trade.
    • The manufacturers of the products (our suppliers) may provide warranties on the products purchased on the Website, and, you agree that your remedy for any defects in such products will be based solely on the warranty(ies), if any, provided by the supplier. Products eligible for warranty may be returned or service fees may be refunded in accordance with the Company’s Refund, Return, and Cancellation Policy.

 

  1. Indemnity
    • You agree to indemnify and hold The Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Website; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party.

 

  1. Governing Law; Arbitration
    • BY AGREEING TO THE TERMS YOU EXPRESSLY AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. THIS WILL EXPRESSLY PRECLUDE YOU FROM BRINGING ANY ACTION AGAINST THE COMPANY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE.

 

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed pursuant to the laws of United States Law in The State of Delaware. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to your use or access to the Website or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be settled by the exclusive jurisdiction of the courts of Delaware, without resort to any conflict of law provisions.

 

  1. Other Provisions
    • Notice

The Company may give notice by means of a general notice on the Website, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to The Company by written communication to The Company’s address at:

1230 Rosecrans Avenue

90266 Manhattan Beach

California

USA

  • If you are a resident of California, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
  • General
    • You may not assign or transfer these Terms in whole or in part without The Company’s prior written approval. You give your approval to The Company for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of The Company’s equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, The Company, or any third party provider as a result of the contract between you and The Company or use of the Website.
    • If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”