Terms and Conditions

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TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS

 

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

 

THESE TERMS SHALL BE RESOLVED UNDER THE LAWS OF THE STATE OF WISCONSIN ON AN INDIVIDUAL BASIS FILED WITH APPLICABLE STATE OR FEDERAL DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN, SEATED IN THE CITY OF GREEN BAY, COUNTY OF BROWN, WISCONSIN. YOU WILLINGLY, WITHOUT COERCION, AND KNOWINGLY WAIVE ALL RIGHTS TO A JURY TRIAL. THE VENUE SET FORTH HEREIN MAY NOT BE CHANGED OR MOVED TO ANOTHER JURISDICTION, EVEN FOR REASONS OF AN INCONVENIENT FORUM.

 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BADGER KINGS RUGBY COMPANY, LLC (ACCORDING TO APPLICABLE STATE LAW) OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

1. These Terms and Conditions for the Online Sale of Goods (these "Terms of Online Sales," or “Terms”) apply to the purchase and sale of products and services through www.badgerkingws.wix.site.com/rugby (the "Site"). These Terms are subject to change by BADGER KINGS RUGBY, LLC (referred to as the “Company,” "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

 

These Terms are an integral part of and incorporated into the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).

 

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

3. Prices and Payment Terms.

 

     (a) Prices posted on this Site may be different than prices offered by us at any live venue. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

     (b) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

 

     (c) The following terms may be used by us to communicate pricing information:

 

          (i) “Price” references our normal price for a product or service.

          (ii) "Sale" refers to a reduced price for a product or service.

          (iii) “Promotional” refers to a promotional price for a product or service.

 

     (d) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We require the use of Pay Pal for all purchases. You represent and warrant that (i) the credit card, debit card or bank information you supply to us through Pay Pal is true, correct and complete, (ii) you are duly authorized to use such credit card, debit card, or bank for the purchase, (iii) charges incurred by you will be honored by your credit card company, debit card or bank, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

 

4. Shipments; Delivery; Title and Risk of Loss.

 

     (a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options through Pay Pal checkout. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

 

     (b) Title and risk of loss passes to you upon our transfer of the products to the shipper. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

5. Returns and Refunds. Due to COVID-19, no return of products purchased on the Website will be accepted until further notice. If there is a particular problem with your order, please contact badgerkingsrc@gmail.com. If this No Return Policy changes, to return products, you must email us at badgerkingsrc@gmail.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.

 

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss or damage during shipment.

 

Refunds, if a return is accepted by us, are processed within approximately 5 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NONRETURNABLE.

 

For defective products, please refer to the manufacturer's warranty (see Section 6) included with the product or as detailed in the product's description on our Site. We do not accept returns on defective products and will not reimburse you for such products except as otherwise provided herein.

 

6. Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products offered on our Site. The availability of products through our Site does not indicate an affiliation with, or endorsement of, any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site may be covered by the manufacturer's warranty as may be included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

 

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF 4 INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

 

7. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STRICT LIABILITY, PRODUCT DEFECT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, IF ANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

 

The limitation of liability set forth above shall: (i) only apply to the extent permitted by applicable law, and (ii) and does not apply to (A) liability resulting from our gross negligence or willful misconduct, and (B) death or bodily injury resulting from our acts or omissions.

 

8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

 

9. Privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase and return of products or services through the Site.

 

10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorism, terrorist threats or acts, riots, pandemics or other civil unrest, national emergency, revolution, insurrection, epidemics, lockouts, strikes or other labor disputes (whether or not relating to our manufacturers), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

 

11. Governing Law and Jurisdiction. This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin.

 

12. Dispute Resolution.

 

     (a) YOU AND BADGER KINGS RUGBY, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM

 

     (b) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY AN Y CLAIM OR LEGAL ACTIONS BROUGHT IN THE CITY OF GREEN BAY, COUNTY OF BROWN, WISCONSIN, BEFORE EITHER THE STATE OR FEDERAL COURT SEATED THEREIN. YOU WILLINGLY, WITHOUT COERCION, AND KNOWINGLY WAIVE ALL RIGHTS TO A TRIAL BY JURY.

 

     (c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy and shall be filed in the city of Green Bay, Brown County, Wisconsin.

 

13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision, including the right to pursue collections. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Badger Kings Rugby, LLC.

 

15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

16. Notices.

 

     (a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

 

     (b) To Us. To give us notice under these Terms, you must contact us in writing as follows: by personal delivery, overnight , or U.S. certified, registered, prepaid mail at 828 W Glendale Avenue, Appleton, WI 54914. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective upon receipt. Notices provided by registered or certified mail will be effective upon receipt.

 

17. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

18. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy and Copyright Policy, and any other documents incorporated herein or in the Terms of Use will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.