Terms & conditions

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS

 

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 REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS 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 INTERNATIONAL LEATHER COMPANY, L.L.C., CORRAL BOOT COMPANY, L.L.C., AND/OR ITS AFFILIATED COMPANIES (COLLECTIVELY THE “COMPANY”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

These terms and conditions (these “Terms”) apply to the purchase and sale of products through https://corralboots.com (the “Site”). These Terms are subject to change by the COMPANY (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

 

These Terms are an integral part of 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 through this Site (see Section 8).

  • 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 to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the COMPANY and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by e-mailing our Customer Service Department at customerservice@corralboots.com or webshop@corralboots.com.

Species: Note that some states do not allow the sale of certain species of leather. We reserve the right to cancel any order that may be prohibited by the laws of your state. In the event of such a cancellation, you will be refunded automatically.

 

Price and Payment Terms.

  • All prices 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 e-mail. 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 your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
  • Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept Debit/Credit Visa, Master Card, American Express, Discover, and JCB for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes if any.

 

Payment installments

Any purchase made with any of the following payment companies is bound by the payment company’s terms and conditions. Any mention of payment installments in our communications are suggestions based on their policies and may not apply to everyone. 

 

Your payment installment company should resolve any questions about your payment installments, refunds, and qualifications directly. We recommend that you read their privacy policies as well as their terms and conditions. Below are direct links to their terms and conditions and customer service.

 

 

 

 

 

 

Promotions and Discount Codes

  • ALL promotions and discount codes cannot be combined, unless specified otherwise.
  • ALL promotions and discount codes cannot be used on sale items or limited editions unless specified otherwise.

 

Shipments; Delivery; Title and Risk of Loss.

  • We will arrange for the shipment of the products to you. Please check the individual product page for specific delivery options.
  • Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

Closeouts, Exchanges, and Refunds.

Closeouts: Changes and refunds are allowed on closeout items.

Exchanges: If we do not have the boot in the size you need, you may choose another style. If the price is higher, you will only pay the difference. Items must be returned within 30 days of the date received. To return products, you must email our Returns Department at customerservice@corralboots.comor webshop@corralboots.com. Upon receipt of your email, we will provide you with a call tag for the return. If the product(s) are not returned using our shipping label, we will not refund the shipping cost. Products must not show any evidence of wear and must be returned with all original tags. To ensure that your boots don't show any signs of wear, be sure to walk only in carpeted areas until you are sure they fit properly. Avoid any kind of hard flooring as it may scuff the soles of the boots. The product must be in its original packaging and its original shipping box. You bear the risk of loss during shipment.  Exchanges are processed within approximately three business days of our receipt of your merchandise.

Refunds: Items must be returned within 30 days of the date received. To return products, you must email our Returns Department at customerservice@corralboots.comor webshop@corralboots.com.  Upon receipt of your email, we will provide you with a call tag for the return. If the product(s) are not returned using our shipping label, we will not refund the shipping cost. Products must not show any evidence of wear and must be returned with all original tags. To ensure that your boots do not show any signs of wear, be sure to walk only in carpeted areas until you are sure they fit properly. Avoid any kind of hard flooring as it may scuff the soles of the boots. The product must be in its original packaging and its original shipping box. You bear the risk of loss during shipment.  Refunds are processed within approximately three business days of our receipt of your merchandise. You will receive an email confirmation when we receive your returned merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

 

BLACK FRIDAY TO CYBER MONDAY EXCHANGE AND REFUND POLICY

*no exceptions

 

Exchanges: If we do not have the boot in the size you need, you may choose another style. If the price is higher, you will only pay the difference. Items must be returned within 45 days of the date received. To return products, you must email our Returns Department at customerservice@corralboots.comor webshop@corralboots.com. Upon receipt of your email, we will provide you with a call tag for the return. If the product(s) are not returned using our shipping label, we will not refund the shipping cost. Products must not show any evidence of wear and must be returned with all original tags. To ensure that your boots don't show any signs of wear, be sure to walk only in carpeted areas until you are sure they fit properly. Avoid any kind of hard flooring as it may scuff the soles of the boots. The product must be in its original packaging and its original shipping box. You bear the risk of loss during shipment.  Exchanges are processed within approximately three business days of our receipt of your merchandise.  *no exceptions

 

Refunds: Items must be returned within 45 days of the date received. To return products, you must email our Returns Department at webshop@corralboots.com.  Upon receipt of your email, we will provide you with a call tag for the return. If the product(s) are not returned using our shipping label, we will not refund the shipping cost. Products must not show any evidence of wear and must be returned with all original tags. To ensure that your boots do not show any signs of wear, be sure to walk only in carpeted areas until you are sure they fit properly. Avoid any kind of hard flooring as it may scuff the soles of the boots. The product must be in its original packaging and its original shipping box. You bear the risk of loss during shipment.  Refunds are processed within approximately three business days of our receipt of your merchandise. You will receive an email confirmation when we receive your returned merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. *no exceptions

 

NO REFUNDS OR EXCHANGES ONLY ON PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

 

CORRAL BAGS

We pride ourselves on selling luxury products that have been meticulously inspected before we send them to you.

 

Please consider that being a natural product, it will differ from the one shown, as the beauty of natural skin will surprise and delight you with its uniqueness

QUALITY CONTROL

Before your order is shipped to you, each item undergoes a quality check process by our team of experienced quality checkers and packers.

 

All products must be returned in an unworn, unwashed, and intact state, with all protective materials in place, as well as all attached tags. This includes all dust bags.

If you receive an item that is damaged or defective, please contact our Customer Care Team immediately.

 

When trying on item(s) please handle light-colored bags and accessories carefully if you are still deciding whether you will be keeping them.

 

Refunds: You have 10 days upon receiving your order to request your return label, which you will receive by email. Items must then be returned within 7 days of receiving your Returns Number (RMF). Returns outside the period specified may be accepted at our discretion. To ensure your return is covered by our returns policy and is not delayed, items must be returned using the original packaging provided. All products must be returned in an unworn, unwashed, and intact state, with all protective materials in place, as well as all attached tags.

We reserve the right to refuse a refund if the product shows signs of wear or has been altered from its original condition in any way, in this instance, the item(s) will be sent back to you.

All successfully returned items will be credited to the original payment method. Please note that refunds can take up to 10 working days to show on your account due to varying processing times between payment providers.

 

Exchanges: You have 10 days from receipt of your order to request your return label which you will receive by email. Items must then be returned within 7 days of receiving your Returns Number (RMF). Exchanges outside the timeframe specified may be accepted at our discretion. To ensure your exchange is covered by our returns policy and is not delayed, items must be returned using the original packaging provided. All products must be returned in an unworn, unwashed, and intact state, with all protective materials in place, as well as all attached tags. Once your exchange has been accepted we will ship out the new item to you.

 

Please consider that being a natural product, It will differ from the one shown, as the beauty of natural skin will surprise and delight you with its uniqueness.

 

We reserve the right to refuse an exchange if the product shows signs of wear or has been altered from its original condition in any way, in this instance, the item(s) will be sent back to you.

 

Gift with Purchase

  • Participation in this Promotion and information regarding redemption of any Gifts forms part of these terms and conditions.
  • By submitting a purchase during this promotion period, entrants warrant that they have read, understand, and agree, to be bound by these terms and conditions. If the entrant is under the age of 18 years, each entrant’s consenting parent or guardian is responsible for ensuring their familiarity with these terms and conditions at the time of participation.
  • You may contact us by email at customerservice@corralboots.comwebshop@corralboots.com, and our social media accounts via messages such as Facebook and Instagram.
  • This promotion is only open to purchases made within the United States of America.
  • The qualifying amount is the amount after any discounts have been applied.
  • Only one Gift per customer will be permitted.
  • The Gift is non-transferable and has no cash alternative. It cannot be substituted for any other item, cash or credit. The value of the item is $19. The Gift will be sent with your order.
  • It cannot be used with any other offers or promotions unless otherwise stated.
  • If a customer wishes to return an order, which qualified for a gift with purchase for a refund, the transaction can only be refunded if it meets the refund policy, terms, and conditions. However, the full price of the gift will be deducted from your refund.
  • In any dispute, the decision of Corral Boot Co LLC is final
  • The promoter does not warrant the acceptable quality, suitability, and/or, fitness of the products awarded as a Gift.
  • If the Gift or part of the Gift is unavailable, the Promoter, at its discretion, reserves the right to substitute that Gift to the equal value.
  • The Promoter will not be liable for any loss or damage whatsoever suffered, including but not limited to direct or consequential loss of Gift.
  • We reserve the right to amend, hold void, cancel, or suspend the promotion as well as its terms and conditions, where it becomes necessary to do so at any time without prior notice.

Exchanges: If we do not have the boot in the size you need, you may choose another style. If the price is higher, you will only pay the difference. Items must be returned within 30 days of the e received. To return products, you must email our Returns Department at customerservice@corralboots.com or webshop@corralboots.com. Upon receipt of your email, we will provide you with a call tag for the return. If the product(s) are not returned using our shipping label, we will not refund the shipping cost. Products must not show any evidence of wear and must be returned with all original tags. To ensure that your boots don't show any signs of wear, be sure to walk only in carpeted areas until you are sure they fit properly. Avoid any kind of hard flooring as it may scuff the soles of the boots. The product must be in its original packaging and original shipping box. You bear the risk of loss during shipment.  Exchanges are processed within approximately three business days of our receipt of your merchandise.

 

Returns: Items must be returned within 30 days of the e received. Return the gift CAN NOT. The full value of the gift will be deducted from the original order value. To return products, you must email our Returns Department at customerservice@corralboots.comor webshop@corralboots.com.  Upon receipt of your email, we will provide you with a call tag for the return. If the product(s) are not returned using our shipping label, we will not refund the shipping cost. Products must not show any evidence of wear and must be returned with all original tags. To ensure that your boots don't show any signs of wear, be sure to walk only in carpeted areas until you are sure they fit properly. Avoid any kind of hard flooring as it may scuff the soles of the boots. The product must be in its original packaging and original shipping box. You bear the risk of loss during shipment.  Refunds are processed within approximately three business days of our receipt of your merchandise. You will receive an email confirmation when we receive your returned merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

 

Gift Certificates

**To make sure your gift certificate code is active send a picture to customerservice@corralboots.com or webshop@corralboots.com

  • Choose your boots
  • Make sure you are entering your certificate number in the prompted box during checkout

** This is what gets you your max value reward

  • Fill out all required fields throughout checkout to ensure a smooth and easy process
  • Share your adventures with us in your new Corral boots @corralboots
  • Certificates can only be redeemed for boots listed under the Corral Boots website
  • *Certificate does NOT apply on Special Edition Items or items on sale
  • Gift certificate is for a max value of $250.00 – any price difference for any product over this amount must be paid by the consumer.
  • If the boot is under $250, Corral Boots Co., will only credit the cost of the boot. Any amount left will not be redeemable nor can it be applied to another pair of boots.
  • Certificate only applies in the USA
  • Gift certificates have no monetary value, and cannot be redeemed for cash.
  • For any questions or concerns regarding availability, or redemption, please contact customer service at customerservice@corralboots.com or webshop@corralboots.com

 

NHSRA Gift Certificate

  • Certificates can only be redeemed for boots listed under Corral Boot’s my gift certificate website
  • Shipping will be paid by you, the customer.
  • Certificate is valid until March 31stCertificates are not valid past this date. If you are given a certificate with an expired issue date, please contact customer service.

 

CORRAL and PR Gift Certificates

  • Certificate is valid until December 31stCertificates are not valid past this date. If you are given a certificate with an expired issued date, please contact customer service.
  • Exchanges: If we do not have the boot in the size you need, you may choose another style. If the price is higher, you will only pay the difference. Items must be returned within 30 days of the item being received. To return products, you must email our Returns Department at customerservice@corralboots.com or webshop@corralboots.com. Upon receipt of your email, we will provide you with a call tag for the return. If the product(s) are not returned using our shipping label, we will not refund the shipping cost. Products must not show anyevidence of wear and must be returned with all original tags. To ensure that your boots don't show any signs of wear, be sure to walk only in carpeted areas until you are sure they fit properly. Avoid any kind of hard flooring as it may scuff the soles of the boots. The product must be in its original packaging and its original shipping box. You bear the risk of loss during shipment.  Exchanges are processed within approximately three business days of our receipt of your merchandise.
  • Refunds: Gift certificates have no monetary value, cannot be redeemed for cash nor can they be refunded. If an amount was paid, not the shipping fee, only that amount paid over the value of the boots may be refunded. The refund will be reflected in your bank account within 3-5 business days of the refund being processed.

LIMITED WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.CORRALBOOTS.COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CAN NOT BE DISCLAIMED UNDER THE LAWS OUTLINED. WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO , REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE NOR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

 

  • Who May Use This Warranty? This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
  • What Does This Warranty Cover? This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Site.
  • What Does This Warranty Not Cover? This limited warranty does not cover any damages due to:  (i)        transportation;  (ii)       storage;  (iii)      improper use;  (iv)      failure to follow the product instructions or to perform any preventive maintenance;  (v)       modifications;  (vi)      combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by the COMPANY;  (vii)     unauthorized repair;  (viii)   normal wear and tear; or  (ix)      external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
  • What is the Period of Coverage? This limited warranty starts on the date of your purchase and lasts for 30 days (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
  • What Are Your Remedies Under This Warranty? Concerning any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
  • How Do You Obtain Warranty Service? To obtain warranty service, you must e-mail our Customer Service Department at webshop@corralboots.comor customerservice@corralboots.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an MA number.
  • Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  • What can you do in case of a dispute with us? The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
  • Goods Not for Resale or Export.You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Site for your own use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, ”Export Regulations”).
  • Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://shop.corralboots.com/content/privpolicy, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
  • 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), terrorist threats or acts riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  • Governing Law and Jurisdiction. 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 Texas without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
  • Dispute Resolution and Binding Arbitration.

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 BINDING ARBITRATION. YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION CONCERNING A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

  • The arbitration will be administered by the American Arbitration Association (”AAA”) by the Consumer Arbitration Rules (the”AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
  • You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your dispute or controversy.
  • You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
  • Assignment. You may 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 will be void.
  • 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. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the COMPANY.
  • No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

Notices.

  • To You. We may provide any notice to you under these Terms by (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
  • To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to (956) 383 4456; or (ii) by personal delivery, overnight courier, or registered or certified mail to the COMPANY. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  • 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.
  • Entire Agreement. The order confirmation e-mail, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms