TERMS AND CONDITIONS
These are the Terms Conditions of Sale (hereinafter referred to as Terms) that apply between you as a Customer and PursePacks, LLC the company (hereinafter referred to as we), when you purchase the Products listed as items for sale or presale on our website (hereinafter referred to as Products).
Your purchase of the Products through our website shall be subject to these Terms and no other terms or conditions shall apply. These Terms shall override any other terms or conditions referred to by the Customer or in any course of dealing.
Please, read these Terms carefully. By ordering or purchasing the Products you agree to these Terms. If you do not understand any of the Terms or do not accept any part of them, do not place an order or purchase the Products, or if you already have the Products, return them in accordance with our Product Refund Policy. If you have any questions regarding these Terms, do not hesitate to contact us.
By placing an Order, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
You are solely responsible for (i) providing true, accurate, current and complete information about yourself as prompted on our website or as requested by us, and (ii) maintaining and promptly updating this information by notifying us to maintain its accuracy, currency and completeness.
ORDER AND ORDER CONFIRMATION
By ordering or placing an Order, you agree to purchase the Products you have selected from the list of items for sale on our website. You may place an Order by filling in the Order Form on our website, whereby you acknowledge that your Order is binding.
We may accept or reject your Orders at our sole discretion. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. If we do not accept your Order we will notify you of our rejection. Generally, we reserve 15 days as of the receipt of your Order for acceptance or rejection thereof. However, this period may be extended if further review is necessary. When you receive our Order Confirmation, a Contract between us shall enter into force. Any Contract shall be dependent and conditional upon a confirmation of both your Order and the successful processing of your credit card.
Our prices, from time to time, may change. By following an advertisement or other communication from us, you are not entitled to the price that may have been advertised at some point in time and will therefore be beholden to the current price at the time of purchase.
We maintain records of Orders and Order Confirmations and retain these for a reasonable period following a delivery of the Products. We recommend that you should retain a printed copy of these Terms along with a copy and/or note of your Order, Order Confirmation, payment method acceptance and invoice as evidence of a particular purchase.
We reserve the right to withdraw from a Contract, i.e. the right to cancel or reject any Order for any reason at any time prior to the shipment of the Products, including the period after an Order has been confirmed by us. In such a case we shall contact you to inform you that all or a portion of your Order has been cancelled. If we make the choice to withdraw from a Contract, we shall refund you the whole price you paid for the Products. You acknowledge and accept that you shall not raise any other claims.
PRODUCT INFORMATION AND AVAILABILITY
We may update, revise and/or discontinue the Products listed as items for sale on our website at any time. We may revise the prices of the Products listed as available items for sale on our website at any time. A particular price shall remain valid only throughout the day on which the Customer visits our website displaying that price. We shall do our best to make sure that there are no mistakes in the Products prices that appear on our website. Should a mistake occur despite of our efforts, you agree that we shall not be bound by that incorrect price, unless your credit card has already been charged. If a mistake is discovered and you have not been charged yet, we will let you know the correct price and you will be given an option either to accept the correct price and continue in a Contract or to cancel your Order. This situation is rare but may arise in the case that we are reviewing your order due to fraud prevention measures or your credit card was denied on the first attempt, as well as other unforeseen events.
Some products may not be currently available for immediate shipment. The availability of Products may be changed and different Products may have different availabilities. We reserve the right to prioritize Orders and to allocate a limited stock between Orders as we may deem fit.
PRICE AND TAXES
The prices of the Products are those which apply at the time of Customer’s placing an Order.
Shipping or handling costs, and sales tax for those residing in the state of Texas, may be charged in addition to the applicable Products price and unless explicitly noted by us you the customer will be responsible to pay said charges.
PAYMENT METHODS AND TERMS
We accept payment by approved credit cards including American Express, Discover, Master Card, Visa, and others. Other payment methods (e.g. ACH eChecks) are available but may be removed without notice.
You must tender payment (via an accepted credit card) in order for us to accept your Order (before the delivery of the Products). For credit card payments, you must provide your valid credit card number and other details requested in the Order process. We will charge the full amount of the item, plus any associated shipping fees, and sales tax if applicable onto your credit cards upon acceptance of your Order.
You acknowledge and agree that the business transaction is a full deposit for an obligation with captive use to meet the obligation. The funds shall be managed in a manner to fulfill the obligation of your order.
SHIPPING AND DELIVERY
Please make sure to provide all pertinent information associated with your shipping, including any conditions or any limitations to your mailing address.
Shipping charges will be passed on to the customer and will be charged at time of checkout.
We will use our discretion in selecting a reputable carrier and appropriate means of delivery and reserve the right to change the shipping carrier at any time. We will notify you if the Products cannot be successfully delivered by any estimated or target dates given by us. We also reserve the right to cancel the Order and refund all the money paid by the Customer to us.
If the Products cannot be successfully delivered because the Customer has provided incorrect or incomplete delivery information or the Customer has refused deliveries, the Products will be returned to us. In such a case the Customer shall be liable for any charges related to shipping. The Products may be re-delivered, but the Customer shall be required to pay all charges related to shipping. If you do not receive your Products after receiving a shipping notification from us, please send us an e-mail and one of our support agents will assist you in contacting the relevant shipping company used for your specific order.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITES OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITES OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITES OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PursePacks, LLC is not responsible for damage arising from failure to follow instructions relating to the Products use.
You hereby agree to defend, indemnify and hold each of the PursePacks, LLC Parties harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your (or anyone acting under your password) use or misuse of the Site, Content or Products.
CHANGES TO TERMS AND WEBSITE
We reserve the right to amend these Terms at any time, including payment and warranty terms, without notice, so please review these Terms each time prior to making a purchase of the Products. However, Contracts executed on the basis of previous Terms remain unaffected by these Terms, including the Product prices, which apply at the time of the Customer’s Order placement.
COMMUNICATION AND NOTICE
You acknowledge and accept that communication with us will be mainly electronic. In addition, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We will usually contact you by email or provide you with information by posting notices and updates on our website. By placing an Order, we collect and store your email address. From that point forward, your email address may be used to send you all agreements, notices, disclosures and other communications that we provide to you (referred to as “notices“ or “updates”). We may also give any notices to you at the postal address you provide to us when placing updating the shipping address on your order. Notices given by you to us may be sent to our email address at support@PursePacks.com. Notices will be deemed received and properly served immediately when posted on our website or 48 hours after an email is sent or day after the date of delivering of any letter. In proving the service of any notices, it will be sufficient to prove, in the case of an email, when such email was sent to the specified email address of the addressee and, in the case of a letter, upon the acknowledgement of delivery being signed by the addressee. We may provide notices to you as required by law or for marketing or other purposes (at our option) to your email address. We are not responsible for any automatic filtering you or your network provider may apply to email notifications.
Omission or delay by us to insist on strict performance of these Terms, or to exercise any right, power or remedy under these Terms shall not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL
We shall make every effort to perform our obligations under these Terms. However, we shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any circumstances beyond our reasonable control, including, without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (e.g. supplier/transport issues) and governmental or regulatory action. In the event of a delay, we shall perform our obligations as soon as reasonably possible and inform you of the delay and the actions we have taken to remedy the situation.
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under the applicable law or regulation or found to be illegal or unenforceable in whole or in part under the applicable law, or with respect to a certain category of persons, such provision or part shall, to that extent, be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby.
GOVERNING LAW, JURISDICTION
The sale of the Products and these Terms shall be governed by and construed in accordance with the laws of Texas without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. In addition, Customers agree that any claim, action or dispute arising under or relating to the Contract or these Terms will be submitted to the exclusive jurisdiction of the Court of Texas. In the case that Customers are not from Texas they will be subject to the exclusive jurisdiction of the Court of Texas. Nothing in the foregoing will prevent us from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.