Terms of Service
Last Updated: 06/14/2019
By purchasing any product sold on www.field18.com ("Website") you ("You") agree to the following terms and conditions ("Agreement"), which apply to all purchases you make on the Website, and acknowledge that you are entering into a binding agreement with Field 18 LLC ("Us" or "We").
By entering into the Agreement, You agree to our collection, use and disclosure of your personal information in accordance with the Privacy Policy contained on the Website.
We reserve the right to refuse products and services to anyone, for any reason, at any time at our sole discretion.
Payment Authorization
By providing your credit card, debit card, PayPal, bank account or any other billing details through our check-out process and submitting payment, You hereby authorize Us to deduct the total purchase price stated on the Website at the time of purchase, and all other stated shipping costs, taxes or other charges applicable to such sale, from such method of payment. You agree that We shall be authorized to charge all such amounts immediately after You have clicked the submit button or otherwise have authorized the payment.
Accuracy of Prices and Other Charges
We are not responsible for pricing, typographical or other errors in any price stated on the Website. We reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if We determine that there were inaccuracies in any product description or information contained on the Website regarding such product. All pricing is in US dollars (USD) unless otherwise stated. All listed prices do not include sales tax, shipping and handling or any import duties / VAT charges unless otherwise indicated. You agree to pay all such charges that may be incurred by You or on your behalf through the Website, at the actual price(s) in effect when such charges are incurred.
Discontinuation and Availability of Products
All sales are subject to product availability, and We may revise and discontinue any product at any time without notice to You. We also reserve the right, without prior notice to You, to (a) limit the available quantity of or discontinue any product, (b) bar You from purchasing any or all products that we sell and (c) limit quantities on orders placed by the same user, authorizing the same payment information or designating the same shipping or billing address.
If fulfillment of your order is not possible due to a miscalculation of Our available inventory, You will be notified as soon as possible after You have placed the corresponding order and your payment for such order will be promptly refunded to You as your sole remedy in such case.
Accuracy of Product Information
We make every effort to accurately describe the products offered on the Website; however, products may be described inaccurately, quoted at an incorrect price or unavailable, and We may experience significant delays in updating such information on the Website. Accordingly, We do not guarantee the accuracy or completeness of the information provided on the Website, including product dimensions, sizes, materials, colors, functionality, intended use, availability or price. We reserve the right to change or update the information and to correct errors, omissions or inaccuracies at any time without prior notice.
Responsibility for Damage During Shipment
We pass title to any products and risk of loss or damage to such products during the shipping process to You upon delivery of such products by Us to the postal or parcel carrier for shipment.
Shipping Policy
We offer domestic and international shipping with all major mail and parcel carriers. Shipping is calculated based on combined weight, combination of products and final destination. You may add items to your cart and view your shipping options and final shipping cost before checkout. Please note we offer free shipping on domestic orders (within the continental United States) over $150 and international orders over $400.
Once you have placed an order, our standard processing time is less than two business days unless noted otherwise on the product page; if we anticipate any further delay, we will notify you through email.
Once your order has been processed and shipped, you will receive a shipping notice and tracking number if applicable. Please allow up to an additional 48 hours before tracking your package.
Sales tax applies to all sales within the United States. For international orders, you are responsible for any VAT or import duties.
Sales Tax And Other Charges
Field 18 charges sales tax on all orders placed within the United states. For international orders, you are responsible for any VAT or import duties.
If You are a tax exempt entity, You must provide Us with a current and valid tax exemption certificate applicable to your purchase.
Return & Exchanges
If You are not 100% satisfied with your purchase, You may return any products within 30 days of the date of purchase for a full refund (less shipping costs); any returns outside of 30 days following the date of purchase will incur a 20% re-stocking fee. Products You are returning must be in brand new, unused condition and in their original packaging. Please allow up to 14 business days for processing once We have received your return.
To initiate a return, please contact Us at returns@field18.com.
Please note We are not responsible for any damage to returned products that occurs during shipment. For international returns, We are unable to cover return shipping, nor are We able to cover VAT or duties paid.
Intellectual Property
All logos or other trademarks, trade names or service marks posted on the Website, whether marked or unmarked, are either owned by Us, an affiliate or by a third party. This includes any product names appearing on the Website whether marked or unmarked by Us. No trademarks, trade names or service marks posted on the Website may be used without the prior written consent of their respective owner(s). We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by Us, whether or not We have registered for or have been granted any such protections under State or Federal law.
Any references made on the Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between Us and the owner of any referenced trademark, trade name, service mark or specific good or service referenced on the Website. We do not endorse or recommend any services or products referenced on the Website unless otherwise expressly stated.
Warranty Disclaimer
All Field 18 branded products are guaranteed to be free of defects in materials and construction for the life of the product for the original owner. We thoroughly field test all of our product designs, and We will repair or replace any item found to be defective in materials and/or workmanship at no charge; We ask only that You help Us identify what made the product fail so that We can further improve our designs. Please note that this guarantee does not cover wear or damage caused outside the intended use of the product.
Other than Our lifetime guarantee described in the preceding paragraph, products are provided by Us "as is", and You assume the entire risk associated with your use of any products purchased by You. We hereby disclaim all warranties of any kind, whether express, implied or statutory, regarding your use or the performance of any products purchased by You, including but not limited to any implied warranties of merchantability, fitness for a particular use or purpose or arising from a course of usage or trade practice. Without limiting the generality of the foregoing, We hereby expressly disclaim all liability for product defects or failures, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes or misappropriation.
Limitation of Liability
You agree that We or any of our officers, directors, managers, shareholders, members, employees, affiliates, agents attorneys and their respective successors and assigns, if applicable, shall not be liable for any direct, special, consequential, incidental or any other indirect damages arising out of or relating to this Agreement or your purchase of any product or service through the Website including, but not limited to, any lost profits or revenues, lost data, lost goodwill or any other damages. You agree that in all cases Our liability shall be limited to the total purchase price of the product(s) in question paid by You. We shall not be liable to You as stated herein regardless of the cause of any such damage or the nature of any claim whether for breach of contract, by statute, for any tortious conduct (including, without limitation, negligence and strict liability) or by any other legal theory, whether or not we have been advised of the same. Accordingly, you agree to waiver your rights under any laws that otherwise might limit your waiver of such claims, including any applicable state laws.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to You. To the extent that We may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as is allowed under any applicable laws.
Information Security Disclaimer
We make no guarantee, warranty or representation that your name, email address or any other identifying information you provide through the Website will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through the Website or our network. We will report any unauthorized access of your information promptly upon discovery, and We will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access. We use third party payment processors to process payments and We do not store your payment information (including e.g. credit card details) on our servers. The Website in its entirety is protected with SSL encryption, and access to all data is limited on a need to know basis.
Arbitration
You agree to give up your rights to bring any claims relating to this Agreement other than to protect your intellectual property before a court of law or other legal tribunal; and You agree to resolve all disputes or claims exclusively by arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and Us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in or enforced by any court which would normally have jurisdiction thereof. Any arbitration shall take place in Mecklenburg County, NC unless otherwise jointly stipulated by You and Us.
The arbitrator may provide equitable relief, not limited to restraining orders and injunctions, in addition to any remedies at law which may be allowed, except that the arbitrator shall not be authorized to award punitive damages to either You or Us. Equitable relief must be sought through the arbitration if one exists. If equitable relief is necessary to prevent immediate and irreparable harm to your or our interests, and no arbitration exists so as to allow such relief via the arbitration, then You or We may seek equitable relief from a court as necessary and appropriate, and You or We do so in other courts in other venues to the extent that the courts in Charlotte, Mecklenburg County, North Carolina do not have the authority to grant such relief. This sub-paragraph does not excuse You or Us from your and our obligations to arbitrate.
Jurisdiction and Venue
Although arbitration is required as stated above, should any civil court have jurisdiction it shall be the Superior Court for Mecklenburg County, NC; said County shall also serve as the venue for any civil actions. By accepting this Agreement, You irrevocably consent to the exclusive personal jurisdiction of said court for such purposes as stated herein.
Miscellaneous:
A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your purchase and use of any product sold by Us and supersedes any prior communications, representations or agreements, except any terms contained in the Website Privacy Policy or any other agreement which may relate to your purchase or licensing of any product from Us, and cannot be altered, amended or modified except in writing executed by Us.
B. Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company or legal entity to the terms of this Agreement and otherwise have authority to enter into this Agreement.
C. Severability. If any term or provision of this Agreement is held to be void or unenforceable, that term or provision will be severed from this Agreement, the balance of the Agreement will survive and the balance of this Agreement will be reasonably construed to carry out the intent of the parties to this Agreement as evidenced by the terms of this Agreement.
D. Waiver. The waiver by Us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
E. Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy or any act or event of any nature reasonably beyond such party's control.
F. Prior Dealings. No course of prior dealings between the You or Us and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
G. Survival. Any provisions or terms of this Agreement which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both You and Us and our respective successors and assigns.