Terms of Sale
1. General Conditions and Definitions
This Terms of Sale agreement (“Terms of Sale”) describes the terms of your purchase of merchandise from the website www.irongame.com (the “Site”), owned by Active Retail Group LLC, an Michigan limited liability company, d/b/a IRON GAME (referred to hereafter as “we” or “us” or “Company”). When you place an order for merchandise via the Site, you (“you” or “Customer”) agree to be bound by these Terms of Sale. Minors under the age of 18 may not purchase merchandise via this Site. Anyone making a purchase from Company represents that he or she is 18 years of age or older.
2. Pricing and Availability
All prices shown are in U.S. dollars. Taxes and shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the billing screens.
We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any product, description, photography, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
4. Out-of-Stock Items and Backorders
If an item that you order is out of stock or backordered, we will notify you of this status within five (5) business days of receipt of your order. We will also offer you the substitution of an item of like quality subject to your approval. If you prefer to wait for the out-of-stock or backordered item, you will have the option of having any partial order processed and shipped before the out-of-stock or backordered item becomes available, although this may cause you to incur an additional cost to cover separate shipping. You will also have the option of receiving a refund for the out-of-stock or backordered item or, if a partial order has not already been processed and shipped, for the entirety of your order that includes the out-of-stock or backordered item.
5. Shipping and Handling
You agree to pay the shipping and any handling charges shown on the Site when you place your order. We reserve the right to change shipping and handling charges from time to time and without prior notice, so you agree to check all charges before placing your order. Any shipping or handling charges may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only, and delivery dates may vary. Items from a single order may be shipped in more than one package, and the shipments may originate from more than one location.
6. No Export by You
You agree that you will not obtain or direct shipment of product for export.
Payment must be made through Shopify Payments, although you will not need to establish a Shopify Payments account. You may use only valid credit cards to pay for your order. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including taxes, shipping, handling, and other amounts described on the Site) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
8. Returns, Exchanges, and Refunds Policy
If you purchase an item that does not meet your expectations, you may return it for exchange or refund within 30 days of the date of receipt. If you would like to exchange or return for refund an item, please contact us at firstname.lastname@example.org to receive a Return Authorization form to be included in the shipping box, which should be sent to Active Retail Group LLC / P.O. Box 2657 / Birmingham, MI 48012-2657. Company is not responsible for any merchandise returned without a Return Authorization form. The returned item must be obviously new, unused, and in its original packaging. All product literature that accompanied the original shipment from Company (including tags, product information, instructions, documentation, and packaging) must accompany the item when you return it to Company. If an item must be returned as the result of an error on Company’s part, Company will cover the cost of the return shipping. If an item must be returned because it was damaged during shipment to Customer, Customer must notify in writing both the shipping carrier and Company, and packaging must be provided to the shipping carrier for inspection. Returning any other item to Company is the Customer’s sole responsibility and at the Customer’s expense, and we suggest using a delivery service that insures your shipment and gives you a tracking number. For some returned items, a 10% restocking fee will be charged. All refunds will be processed through Shopify Payments, and refunded amounts will be credited to the same credit card used to purchase the item. Refunded amounts will not include the original shipping and handling fees or any restocking fee.
9. Warning about Strength Training and Exercise Equipment
Strength training and exercise activities in any form are inherently dangerous and carry a significant risk of injury or death that cannot be eliminated. Anyone purchasing or using strength training and exercise equipment and accessories is personally responsible for obtaining proper instruction on the correct and safe use of equipment used in these activities. Any equipment is subject to failure, so carefully check each piece of equipment before and after each use. The product descriptions provided on this Site are solely for informational purposes, and you agree that you are responsible for independently evaluating the equipment and accessories and obtaining appropriate instruction on how to use the equipment. You agree that in deciding which equipment and accessories to purchase to meet your needs you are not relying on any statements or representations by company.
10. Disclaimer of Warranty and Limitation of Liability
You expressly agree that use of the equipment purchased through this site is at your sole risk. All products made available to you through this site are provided by company on an "as is" and "as available" basis, unless otherwise specified in writing. Neither company nor any of its affiliates, employees, agents, or licensors make any representations or warranties of any kind, express or implied, as to the products made available to you through this site, unless otherwise specified in writing. To the full extent permissible by applicable law, company expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that products made available to you through this site are free of harmful components. Manufacturers of non-IRON GAME branded products may provide other warranties, and you agree that you will look solely to the warranty(s), if any, provided by those manufacturers. warranties give you specific legal rights, and you may have other rights, which vary from state to state.
Your sole and exclusive remedy, and company’s sole and exclusive liability, for any breach of warranty shall be your right to return and receive a refund for the product under the IRON GAME returns, exchanges, and refunds policy. In no event shall company be liable for special, indirect, incidental, consequential, or punitive damages, even if it has been advised of the possibility of such damages, nor shall the aggregate liability of company, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to these terms or the purchase of use of any products purchased through the site exceed the purchase price of the product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your purchase of products through this Site.
12. Dispute Resolution
You agree that these Terms of Sale shall be interpreted under the laws of the State of Michigan without reference to its conflict of laws provisions. You agree that courts within Oakland County in the State of Michigan will have exclusive jurisdiction over all disputes between the parties arising out of or relating to these Terms of Sale. You hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.
13. Waivers, Section Headings, and Severability
No waiver by Company of any breach or default of these Terms of Sale shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms of Sale are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Terms of Sale. If a provision of these Terms of Sale or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of these Terms of Sale and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
14. Updates to Terms of Sale
Company may update or change these Terms of Sale from time to time by posting the revised Terms of Sale on the Site. The revised Terms of Sale are effective immediately upon posting. You agree to be bound by any such revisions. You should periodically visit this page to determine the current terms of our Terms of Sale.
15. Contacting Us
If you have any questions about this Site Use Agreement or its use by you or others, you may contact us at any time by email [email@example.com] or by writing to:
Active Retail Group LLC
P.O. Box 2657
Birmingham, MI 48012-2657