TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to online purchases by Consumers (“Customer”) from Splat-r-ball, LLC. (“SPLATRBALL”). These terms and conditions will govern all orders for SPLATRBALL products sold in the United States from our websites. By accepting delivery of the products described on a SPLATRBALL invoice or shipping statement, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change for future sales or deliveries without prior written notice at any time, in SPLATRBALL’s sole discretion.
1. Other Documents. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and SPLATRBALL.
2. Governing Law. THIS AGREEMENT AND ALL SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF ARKANSAS. The exclusive venue and jurisdiction for all disputes arising from any sale will lie in the state courts residing in Benton County, Arkansas and the Federal Courts of Arkansas.
4. Shipping and Taxes. Customer shall be responsible for shipping and handling charges. Shipping charges vary based on the weight of the ordered products and the distance from shipment location. Handling charges may be assessed, based on Customer’s order. Customer is responsible for sales and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown on SPLATRBALL’s invoice(s).
5. Title. Title to materials passes from SPLATRBALL to Customer at the time the products are shipped from SPLATRBALL facility. Ship dates are estimates only. SPLATRBALL is not liable for delays in shipment or failure to ship by the estimated ship date.
6. LIMITED WARRANTY. THE LIMITED WARRANTIES APPLICABLE TO SPLATRBALL PRODUCTS ARE INCLUDED IN THE APPLICABLE WARRANTY STATEMENT ACCOMPANYING THE PRODUCTS. SPLATRBALL MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EXCEPT THOSE IN SPLATRBALL’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND SPLATRBALL WILL BE OBLIGATED TO HONOR SUCH WARRANTIES, ONLY UPON SPLATRBALL’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. SPLATRBALL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPLATRBALL’S RESPONSIBILITY FOR WARRANTY CLAIMS REGARDING THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN SPLATRBALL’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. SPLATRBALLRESERVES THE RIGHT TO CHANGE ITS WARRANTIES AT ANY TIME, IN THEIR SOLE DISCRETION, WITHOUT PRIOR NOTICE WITH RESPECT TO FUTURE SALES AND DELIVERIES.
7. Returns and Exchanges. From time to time, SPLATRBALL may, in our sole discretion, accept returns, exchange products or portions thereof. Any returns or exchanges will only be made in accordance with SPLATRBALL’s return or exchange policies in effect on the date of the return or exchange, including, but not limited to, payment by Customer of any cancellation or restocking charges. There will be a 15% restocking fee for a non-defective item purchased through our website. We will not credit any Shipping Amount for any returns on any item. Customer agrees to contact SPLATRBALL Customer Service department at 479-621-4200 to obtain an exchange or refund. Exchanges and returns may be granted for damaged goods within a 30-day period starting with the date the product was received by the Customer. Products covered under warranty will be treated under the 30 day exchange and replace policy or the specific products warranty expiration date, whichever is greater.
8. Substitutions. SPLATRBALL policies are continually revised and updated. SPLATRBALL may revise and discontinue products at any time. SPLATRBALL will not ship substitute products in the place of ordered products, but will make reasonable efforts to contact Customer if any ordered products are unavailable.
9. Order Cancellations. Orders placed online may ship as early as the next business day. Order cancellation requests may be made during the first hour after order placement by logging into your account and going to the menu Orders ( My Account / Orders) and clicking on the CANCEL button. A cancellation request will be sent and will need to be approved by one of our Customer Representatives. If more than one hour has passed since the order was placed, online cancellation requests are not available. Please call Customer Service at (479) 621-4200 and press 1 to speak with a representative, Monday-Thursday 8:00a.m.–5:00p.m. CST or Friday 8:00a.m.–3:00pm CST. If the order is already being handled or in the process of shipping, it cannot be cancelled
10. Damages and Shortages. YOU ARE RESPONSIBLE TO INSPECT ALL SHIPMENTS IMMEDIATELY UPON RECEIPT. After thirty (30) days from Customer’s receipt of a shipment, Customer shall be deemed to have irrevocably accepted the shipment, if not previously accepted. After such acceptance, Customer shall have no right to reject the shipment for any reason or to revoke acceptance. Customer hereby agrees that such thirty (30) day period is a reasonable amount of time for such inspection and revocation. Specially fabricated or ordered items may not be cancelled or returned, and no refund will be made. Customer shall not accept packages that have been damaged or tampered in shipment until the carrier has noted the extent and nature of the damages on Customer’s delivery receipt. If damage is not detected at the time of delivery, such damage should be reported immediately to the carrier and an inspection requested. Customer must save damaged or pilfered packaging until the claim is settled. In the case of shortages, please note any missing materials on the delivery receipt. All shipping damage and shortage claims must be reported to SPLATRBALL Customer Service at 479-621-4200 within thirty (30) days of receipt of shipment. (See Returns and Exchanges). Customer shall be responsible for payment of the total invoice amount if SPLATRBALL is not notified within the specified thirty (30) day period.
11. LIMITATION OF LIABILITY. SPLATRBALL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR SALE OR USE. SPLATRBALL WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, SPLATRBALL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT.
12. Compliance with Laws. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States, including, but not limited to those laws requiring any permit necessary to purchase, possess, deal, transfer or use the products and any minimum age requirements related to the purchase, possession, and use of the products. Due to local laws and regulations, SPLATRBALL may not be able to ship products to certain locations. Customer may be required to provide SPLATRBALL with an affidavit of eligibility to possess, deal or resell any materials prior to shipment.
13. Export Controls. The Customer acknowledges that the products sold hereunder may be subject to applicable export control laws and regulations. Sales of SPLATRBALL materials must follow applicable federal, international, and state regulations and restrictions and Customer agrees to abide by such laws and regulations.
14. Acknowledgment. By ordering any products from SPLATRBALL offered through our websites, whether by the Internet, via telephone, facsimile or otherwise, Customer agrees to be bound by these Terms and Conditions of Sale.
15. Order Validation. Due to the nature of the products sold by SPLATRBALL, SPLATRBALL may validate orders by Customer. Such validation may include or require validation of shipping and billing information, phone calls to Customer, validation of Customer e-mail account(s) and/or validation of any information relating to any credit purchase by Customer. SPLATRBALL reserves the right to refuse service to any Customer, at any time and for any reason whatsoever.
16. Entire Agreement. Unless SPLATRBALL and Customer agree otherwise in writing, these terms and conditions and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and SPLATRBALL pertaining to the subject matter of these terms and conditions and, as such, these terms and conditions supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and SPLATRBALL. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions of sale shall govern.
17. Severability. The illegality, invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severed only to the extent such provision is illegal, invalid or unenforceable.
18. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
19. Force Majeure. SPLATRBALL shall not be liable for any delay or failure in performance caused by circumstances beyond their reasonable control.