TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE
Effective Date: October 1, 2018
The foregoing terms and conditions of sale (“Sale Terms”) apply to your purchases of any products from Giffords PAC (collectively "Giffords"). ("Giffords”), except to the extent that you have entered into a separate written agreement with Giffords that supersedes some or all of these Sale Terms. These Sales Terms are subject to change without prior written notice at any time, in Giffords’ sole discretion. By placing an order for products through this Web site or any other web site of Giffords (the “Sites”), you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Giffords, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.
- Your Account
When you purchase from Giffords, an account will be created for you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
- Shipping Terms and Policies
We endeavor to ship all orders for in stock items within 1-2 business days. Standard delivery time is contingent on where in the country the order is shipping to. The following map shows how long shipping will typically take throughout the country.
We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
All orders are shipped FOB Shipping Point. Title to products passes from Giffords to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
- Return and Exchange Policies
General Returns: Subject to these Sale Terms, and unless otherwise stated on the applicable Site, unused items may be returned within 30 days of purchase. To be eligible for a return, your item must be unused, complete and in the same condition that you received it and be accompanied by the packing slip. Gift cards, perishable goods such as food, and items labeled in the store as non-returnable may not be returned. Shipping costs are non-refundable, and you will be responsible for paying the costs of return shipment. Your refund will not include the shipping cost you paid, and if you did not pay for shipping, we may deduct the cost of shipping from your refund of the purchase price. Refunds will be made after the item has arrived back at the warehouse.
Defective Merchandise: We will gladly accept any defective merchandise for return and replacement or for a refund, provided that the request for return is made within thirty (30) days of receipt and the defective merchandise is accompanied by the original packaging and a copy of the packing slip. If you request a refund for defective merchandise, your refund will include shipping cost.
When a refund is processed, a credit will automatically be applied to your credit card or original method of payment.
- Product Availability and Pricing
Giffords and its suppliers continually revise its products offerings. Giffords may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.
- Product Descriptions; Pricing; Errors
Giffords attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that product descriptions, photographs, pricing or other content of this site is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Giffords is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
- Who We Sell To
Giffords only sells products to adults. If you make a purchase, you represent that you are at least 18 years old. Giffords reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
ANY WARRANTY ON THIRD PARTY PRODUCTS PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY GIFFORDS. GIFFORDS ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS SOLD ON THIS SITE.
- Limitation of Liability.
GIFFORDS 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. TO THE FULL EXTENT PERMITTED BY LAW, GIFFORDS’ LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE.
- Governing Law; Venue
These Sale Terms and your purchase of products from Giffords though this Site shall be governed by and construed in accordance with the laws of the District of Columbia without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Sales Terms or your purchase of products shall be filed only in the state and federal courts located in the District of Columbia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.