 |
|
|
| Terms & Conditions |
“THE TERMS AND CONDITIONS ARE APPLICABLE TO THE PURCHASE AND USE OF THE PRODUCT INSTRUCTIONS. YOU ARE REQUIRED TO READ SAID TERMS PRIOR TO ANY USE OF THE PRODUCT.”
TERMS AND CONDITIONS OF PRODUCT PURCHASE AND USE
THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE PURCHASE AND USE OF THE PRODUCT PICTURED ON THE REVERSE SIDE OF THIS AGREEMENT.
PLEASE CAREFULLY READ AND REVIEW THE ENTIRETY OF THE TERMS AND CONDITIONS FOR THE PURCHASE AND USE OF SAID PRODUCT SET FORTH BELOW AS THESE TERMS AND CONDITIONS INCLUDE, WITHOUT LIMITATION, CERTAIN PROVISIONS WHICH SET FORTH LIMITED WARRANTIES, DISCLAIMERS OF LIABILITY, MANDATORY ARBITRATION, AND OTHER PROVISIONS WHICH ARE MATERIAL TO THE PURCHASE AND USE OF SAID PRODUCT.
YOUR PURCHASE OF SAID PRODUCT AND ANY SUBSEQUENT USE THEREOF CONSTITUES YOUR ACCEPTANCE AND CONSENT TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO CONSENT AND AGREE TO SAID TERMS AND CONDITIONS, YOU MAY RETURN SAID PRODUCT, UNUSED, TO THE COMPANY OR THE RETAILER FROM WHICH YOU PURCHASED THE PRODUCT, IN ACCORDANCE WITH, AS MAY BE APPLICABLE, THE COMPANY’S OR SAID RETAILER’S THEN CURRENT RETURN POLICY FOR SAID PRODUCT.
This Agreement regarding the terms and conditions of product purchase and use (the “Agreement”) is entered into by and between each person or entity which either first purchases and retains or first purchases and then subsequently uses the product pictured on the reverse side of this Agreement (said person or entity is the “Purchaser” and said product is the “Product”) and Original Ideas, LLC, a California limited liability company (the “Company”).
In consideration of the mutual covenants and promises set forth above and herein made and undertaken by and between the parties, said parties hereto, intending to be legally bound, hereby acknowledge, understand, agree, and consent to all of the following terms and conditions of the purchase and use of the Product:
PURCHASE AND USE OF PRODUCT:
The purchase, first use, and all subsequent or continued use of Product by Purchaser shall be governed by all of the terms and conditions set forth in this Agreement.
LIMITED REPLACEMENT WARRANTY:
The Company hereby warrants the Product to be free from defects in materials and workmanship as specified in the Company’s then current return policy, which is set forth in full on the Company website, www.gripzgloves.com. Purchaser may also return the defective Product to the retailer from which the Product was purchased, provided that such return is performed in accordance with the then current terms and conditions of said retailer’s return policy.
WARRANTY DISCLAIMER:
THE WARRANTY STATED IMMEDIATELY ABOVE IS EXCLUSIVE AND PROVIDED IN LIEU OF ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THUS, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT: (A) THE PRODUCT SOLD TO PURCHASER UNDER THIS AGREEMENT IS PROVIDED BY COMPANY “AS IS” AND WITHOUT WARRANTY OF ANY KIND; AND (B) COMPANY MAKES NO, AND HEREBY DISCLAIMS ALL, OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL BE FREE OF DEFECT FOR OR BE USEABLE FOR ANY PERIOD OF TIME. COMPANY DISCLAIMS ANY AND ALL DIRECT OR INDIRECT WARRANTY MADE OR DEEMED TO BE MADE TO ANY OTHER PARTY REGARDLESS OF SAID OTHER PARTIES’ RELATIONSHIP TO EITHER PURCHASER OR COMPANY.
THE ABOVE STATED LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE
THESE ABOVE-SPECIFIED WARRANTIES SHALL APPLY, IF AT ALL, ONLY WITHIN THE PHYSICAL BOUNDARIES OF THE UNITED STATES.
LIMITATION OF LIABILITY:
As set forth above under the limited warranty provisions, Company’s liability is limited to repair or replacement of the Product, which may be returned to the Company pursuant to the Company’s then current return policy or to the retailer from which such Product was purchased in accordance with the then current terms and conditions of said retailers return policy. In no event shall Company or said retailer’s liability exceed the purchase price of the Product paid by the Purchaser.
in no event shall company be liable to purchaser for any indirect, incidental, consequential, special, exemplary or punitive damages arising out of or in connection with the the product or this Agreement.
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE PRODUCT OR THIS AGREEMENT, EVEN IF COMPANY IS ADVISED OR NOTIFIED OF, OR DEEMED TO HAVE BEEN ADVISED OR NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE PRODUCT, WHETHER IN CONTRACT OR TORT OR BY ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE AMOUNT OF THE PRICE PAID BY PURCHASER FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY. PURCHASER ACKNOWLEDGES AND AGREES THAT THE PRICE OF SAID PRODUCT EXPLICITY REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IF ANY PART OF THIS LIMITATION OF LIABILITY IS UNENFORCEABLE UNDER ANY APPLICABLE LAW, THEN COMPANY’S LIABILITY WILL BE THE MINIMUM PERMITTED BY SUCH APPLICABLE LAW.
GENERAL DISCLAIMER:
Any and all descriptions and depictions of the Product contained on the instructions therefor and in or on the packaging of the Product may contain certain, typographic, photographic, or other errors or inaccuracies. All such errors or inaccuracies, if any, are unintentional and subject to correction by the Company. Company shall not liable for any such errors or inaccuracies.
WARNINGS REGARDING THE USE AND MISUSE OF THE PRODUCTS AND ASSOCIATED HIGH RISK ACTIVITY:
The Product, including, without any limitation, any accompanying accessories or literature, is intended for general use in weight training and general-purpose fitness activities. Participation by Purchaser in said activities must be considered activities that require expertise and physical exertion on behalf of Purchaser. As such, said activities must be considered by Purchaser as high risk activities. Accordingly, Purchaser’s participation in any of said activities is solely at Purchaser’s own risk. Purchaser hereby agrees to consult with Purchaser’s personal physician and/or fitness professional before participating in any of said activities. Purchaser is responsible for reading and following all specific warnings and instructions included with the Product, wherever such may be printed, prior to the use of the Product. Purchaser is hereby advised and required to save all said warnings and instructions for future reference. The use and misuse of the Product in said activities could result in serious risks and harm to the Purchaser, including, without limitation, physical injury, disability, and death. Purchaser hereby explicitly assumes all risk of injury associated with their participation in said activities. Company shall not be responsible for any harm or injury suffered by the Purchaser, regardless of whether such harm was determined or deemed to be directly or indirectly caused or exacerbated by the Purchaser’s use of the Product and regardless of whether such harm resulted from either the proper, improper, unintended, or otherwise unauthorized use of the Products
ASSUMPTION OF RISK:
By purchasing the Product and properly using the same in weight training and general-purpose fitness activities, Purchaser hereby acknowledges, understands, and agrees that: (i) any said use BY PURCHASER in any said activities are high risk activities which may result in significant personal injury or harm to the Purchaser and (ii) to the fullest extent permitted by any applicable law, THE PURCHASER, BY ANY SUCH USE IN SAID ACTIVITIES, HEREBY VOLUNTARILY, EXPLICITLY, AND EXCLUSIVELY ASSUMES THE RISK OF ALL PERSONAL INJURIES OR DEATH SUSTAINED AS A RESULT OF PARTICIPATING IN SAID ACTIVITIES, REGARDLESS OF THE CAUSE OF SAID INJURY OR DEATH, INCLUDING BUT NOT LIMITED TO ANY FITNESS EQUIPMENT FAILURE, AND REGARDLESS OF WHETHER SAID INJURY OR DEATH IS DEEMED OR DETERMINED TO HAVE BEEN DIRECTLY OR INDIRECTLY CAUSED OR EXACERBATED BY THE PRODUCT OR THE NEGLIGENCE OR OTHER FAULT OF COMPANY. Additionally, Purchaser agrees to indemnify, defend and hold Company harmless from any AND ALL third party claims arising from any said USE IN SAID activities in which Purchaser engages in, regardless of whether SAID CLAIMS DIRECTLY OR INDIRECTLY ARISE FROM OR ARE DEEMED TO DIRECTLY OR INDIRECTLY ARISE FROM the Purchaser’s use of the Product in said activities.
APPLICABLE LAW AND ARBITRATION:
Any dispute arising out of or related to this Agreement or the purchase of the Product by Purchaser shall be determined by binding arbitration and governed by the laws of the State of California, without regard to its conflicts of law rules, as if this Agreement were entered into by and between residents of the State of California. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Company and Purchaser consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of California, Alameda County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of said courts. Any arbitration shall comply with and be governed by the provisions of the California Arbitration Act, California Code of Civil Procedure, Sections 1280-1294.2 and/or any other provision of California law then applicable to arbitration arising within that State of California. Notwithstanding any provision of the law of the State of California to the contrary, any cause of action or claim Purchaser may have with respect to this Agreement; the purchase or use of the Product; or any otherwise against the Company must be commenced within one (1) year after the date that the claim or cause of action arises.
NOTICE REGARDING ARBITRATION: BY ENTERING INTO THIS AGREEMENT, YOU ARE AGREEING TO HAVE ANY CLAIMS ARISING FROM ANY AND ALL MATTERS RELATING TO THE PURCHASE AND USE OF THE PRODUCT AND ANY CLAIMS AGAINST THE COMPANY DECIDED BY BINDING ARBITRATION AS PROVIDED BY CALIFORNIA LAW, AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE OR CLAIM LITIGATED IN A COURT OR IN FRONT OF A JURY TRIAL. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO BINDING ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS BINDING ARBITRATION PROVISION IS VOLUNTARY. YOU ARE DEEMED TO HAVE VOLUNTARILY AGREED TO THIS BINDING ARBITRATION PROVISION BY ENTERING INTO THIS AGREEMENT WITH THE COMPANY.
MISCELLANEOUS:
No delay or failure of Company hereunder to detect, protest or remedy the failure of the other party to perform any obligation under this Agreement shall constitute a waiver of the rights of the first mentioned party. No waiver of any rights or obligations of either party hereunder shall be effective, except pursuant to a written instrument duly signed in advance on behalf of the party waiving compliance. Any such waiver shall be effective only for the specific purpose and instance stated in writing. Neither the course of conduct of the Company or trade practice shall act, or be deemed to act, to modify any of the foregoing terms and conditions. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Headings are provided for convenience only and shall not form part of the Agreement for the purposes of interpretation. Nothing contained in this Agreement shall be construed as conferring, by implication, estoppel or otherwise, any rights in the Product or the intellectual property of the Company to the Purchaser other than those rights expressly granted in this Agreement.
|
| Shipping Rates & Return Policy |
| Pair |
USA: Priority Mail with Tracking: USA Only.
Delivered in 3-5 biz days. $4.20 for
1-4 pr.a $5.60 value |
First Class Mail: USA & Mil. only NO tracking. Delivered in 5-10 biz days. |
Canada:
Est arrival 5-14 biz days.
No customs fees. |
International Air:
No customs fees
7-14 day delivery. |
| 1 |
$2.25 |
$2.25 |
$3 |
$5 |
| 2 |
$2.25 |
$2.25 |
$4 |
$9 |
| 3 |
$2.99 |
$2.99 |
$4 |
$9 |
| 4 |
$4.20 Priority Mail Upgrade |
$4.20 Priority Mail Upgrade |
$7 |
$13 |
| 5 or more |
Free Shipping |
Free Shipping |
$7 |
$13 | |
Our shipping costs are based on the amount of the order. Please refer to the chart below. GripzGloves.com uses the United State Postal Service to ship our orders.
We process orders promptly to have your purchase delivered to you as quickly as possible. If you are not satisfied with your products, request a return, for a full refund. See below for details.
You may cancel your order at anytime, as long as it has not been shipped. Any canceled orders will be subject to a 5% cancellation charge due to transaction fees we incur after your credit card is processed.
If your order has already been shipped and/or received, you may still request a refund, we guarantee satisfaction. All returnable merchandise must be sent, freight prepaid, and received by us within 30 days of date of purchase in its unused and original condition. NO RETURN CLAIMS WILL BE ACCEPTED AFTER 30 DAYS. Upon receipt of a returned item we will issue you a full refund (less all shipping costs and 15% restocking fee). If you return a product whose purchase price “includes shipping”, you will still be responsible for “all” shipping costs, which includes the built-in cost to ship the product to you, as well as the return shipping.
Please include the reason why you do not want the merchandise–be honest because this will help us improve our product in the future. Prior to returning merchandise, all return items must have a Return Authorization (RA) number issued by Original Ideas (This will be to verify item is good for return). Please send us an email to request a return, and we will issue an RA number via email within 2 business days.
Damaged or defective merchandise can be exchanged free of charge by contacting Original Ideas within 5 days of receipt of merchandise. NO DAMAGE CLAIMS WILL BE ACCEPTED AFTER 5 DAYS.Original Ideas inspects each and every piece that leaves our factory and will address any damages.
|
| Customer Support |
Original Ideas prides itself on customer care. We provide 24/7 customer service to address any concerns or comments you may have. Gripz Gloves is a tested product which provides reliability when you are working out.
At Original Ideas we strive for 5 customer service and have built brand loyalty driving Gripz Gloves to help health accomplishments for many which in turn brings confidence and satisfaction to each individual joining our team of Gripz users!
Have any questions about Gripz Gloves? Our service representatives will be happy to chat with you1-800-923-GRIP (4747) or at Support@Gripzgloves.com
We look forward to hearing from you!
| | | |
 |
| Shipping Rates & Return Policy |
| |
| Pair |
USA: Priority Mail with Tracking: USA Only.
Delivered in 3-5 biz days. $4.20 for
1-4 pr.a $5.60 value |
First Class Mail: USA & Mil. only NO tracking. Delivered in 5-10 biz days. |
Canada:
Est arrival 5-14 biz days.
No customs fees. |
International Air:
No customs fees
7-14 day delivery. |
| 1 |
$2.25 |
$2.25 |
$3 |
$5 |
| 2 |
$2.25 |
$2.25 |
$4 |
$9 |
| 3 |
$2.99 |
$2.99 |
$4 |
$9 |
| 4 |
$4.20 Priority Mail Upgrade |
$4.20 Priority Mail Upgrade |
$7 |
$13 |
| 5 or more |
Free Shipping |
Free Shipping |
$7 |
$13 | |
Our shipping costs are based on the amount of the order. Please refer to the chart below. GripzGloves.com uses the United State Postal Service to ship our orders.
We process orders promptly to have your purchase delivered to you as quickly as possible. If you are not satisfied with your products, request a return, for a full refund. See below for details.
You may cancel your order at anytime, as long as it has not been shipped. Any canceled orders will be subject to a 5% cancellation charge due to transaction fees we incur after your credit card is processed.
If your order has already been shipped and/or received, you may still request a refund, we guarantee satisfaction. All returnable merchandise must be sent, freight prepaid, and received by us within 30 days of date of purchase in its unused and original condition. NO RETURN CLAIMS WILL BE ACCEPTED AFTER 30 DAYS. Upon receipt of a returned item we will issue you a full refund (less all shipping costs and 15% restocking fee). If you return a product whose purchase price “includes shipping”, you will still be responsible for “all” shipping costs, which includes the built-in cost to ship the product to you, as well as the return shipping.
Please include the reason why you do not want the merchandise–be honest because this will help us improve our product in the future. Prior to returning merchandise, all return items must have a Return Authorization (RA) number issued by Original Ideas (This will be to verify item is good for return). Please send us an email to request a return, and we will issue an RA number via email within 2 business days.
Damaged or defective merchandise can be exchanged free of charge by contacting Original Ideas within 5 days of receipt of merchandise. NO DAMAGE CLAIMS WILL BE ACCEPTED AFTER 5 DAYS.Original Ideas inspects each and every piece that leaves our factory and will address any damages.
|
| Customer Support |
Original Ideas prides itself on customer care. We provide 24/7 customer service to address any concerns or comments you may have. Gripz Gloves is a tested product which provides reliability when you are working out.
At Original Ideas we strive for 5 customer service and have built brand loyalty driving Gripz Gloves to help health accomplishments for many which in turn brings confidence and satisfaction to each individual joining our team of Gripz users!
Have any questions about Gripz Gloves? Our service representatives will be happy to chat with you1-800-923-GRIP (4747) or at Support@Gripzgloves.com
We look forward to hearing from you!
| | | |
| | | |