Términos del servicio
These Terms and Conditions, together with our, Refund and Return Policy, Shipping and Cancellation Policy, and Privacy Policy, tell you information about us and the terms (“Terms”) on which we sell any of our Products through our website at www.powerrichsports.com ("our website") to you operated by Power Rich Sports Inc (from now on, “Power Rich Sports,” “we,” “us,” or “our”).
These Terms will apply to any contract between us to sell Products to you ("Contract"). Therefore, please read these Terms carefully and ensure you understand them before ordering any Products from us. By ordering any of our Products, you agree to be bound by these Terms and the terms contained within and the other documents expressly referred to herein.
1. Our Products
1.1. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colors and details accurately, we cannot guarantee that your computer's display of the colors and details accurately reflects the Products.
1.2. Your Product(s) may vary slightly from those images.
1.3. We strive to depict all colors on its website accurately; however, the colors displayed are representative. Because there are many variations in computer monitors and browsers, not all monitors are calibrated. Equally, color reproduction on the Internet is not precise.
1.4. Accordingly, we do not guarantee that what you see online will match the color of the actual Product delivered.
1.5. You acknowledge that colors may vary from those on your display monitor. There are no returns due to color variances.
1.6. All Products shown on our website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is unavailable, and we will not process your Order if made.
2. Eligibility
2.1. You may only purchase Products from our website if you are at least 18 years old.
2.2. We intend to rely upon these Contract Terms between you and us.
2.3. We only accept responsibility for our statements and representations on our website and not for any statements made by third parties.
2.4. Nothing in these Terms affects your statutory rights. Those rights include your right to receive Products that match their description, are of satisfactory quality, and are reasonably fit for purpose.
3. How The Contract Is Formed
3.1. The Contract is subject to these Terms to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract).
3.2. A Contract shall not be effective until we have issued written acknowledgment and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).
3.3. We may decline any order you place at our sole discretion.
3.4. No change or modification of the Contract shall be allowed after our acceptance unless accepted in writing by us.
3.5. If there is any conflict between the prices indicated online and our acknowledgment of the Contract, then the latter shall take precedence.
4. Products Descriptions and Prices
4.1. We do our best to ensure that our products' information is accurate and current. However, we do not guarantee that there will be no errors in the description and pricing of the Products or that Products will always be available if you wish to place an Order to purchase them.
4.2. We reserve the right to modify the information about Products displayed on our Site, including prices, descriptions, and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
4.3. The price of a Product does not include delivery charges. However, our delivery charges are as quoted on our website from time to time. To check relevant delivery charges, please refer to our checkout page.
5. Custom Orders
5.1. These Terms and Conditions may not be sufficient in the case of Custom Orders. Therefore, custom Orders will be identified in Power Rich Sports' Order Confirmation and may be subject to additional terms and conditions, including but not limited to our Custom-Made Products Terms and Conditions, specified by Power Rich Sports in addition to these Terms and Conditions.
5.2. Price quotations provided by Power Rich Sports for custom orders are based on the completeness and accuracy of the information and specifications provided by you.
5.3. All price quotations are valid for the time specified in the price quotation. If the specifications for Products provided by you (the “Specifications”) are incorrect, incomplete, or differ in any manner from the Specifications subsequently provided, Power Rich Sports may re-price the goods based on the correct Specifications. Power Rich Sports shall not be bound by any prior price quotation based on incorrect, incomplete, or differing information and Specifications.
5.4. If Power Rich Sports accepts a custom or particular Order: (A) Power Rich Sports' agreements and obligations to defend or settle against intellectual property infringement shall not apply; and (B) you at this moment grant to Power Rich Sports a royalty-free, non-exclusive, fully-paid up, perpetual license to use, execute, copy and create derivative works of your materials and your confidential information received in connection in addition to that, and you agree that any developments, enhancements, or improvements to it shall be Power Rich Sports` exclusive property.
5.5. Please note that we cannot accept responsibility for the following:
5.5.1. negatively interpreted content;
5.5.2. blurry, low-quality, or small images/pictures;
5.5.3. mispronunciation of names; and
5.5.4. copyrighted material submitted for order completion.
6. When Orders are not accepted
6.1. While we do our best always to accept Orders, we could, however, refuse an Order in some instances, for example, if: you provide us with incomplete, incorrect, or fraudulent information regarding your identity, age, payment details, billing information, shipping address, inappropriate content; we discover that there was an error on our website relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products.
6.2. If we cannot accept your Order, we will contact you by email as soon as possible, but in any case, no later than 30 days from the date of your Order.
6.3. If we cannot accept your Order because the Products are no longer available or because of an error in the price and other information on our Site, we will refund you any money you may have already been charged for such Products.
7. Cancellation of Orders
7.1. Power Rich Sports reserves the right to cancel an Order that it has previously accepted at any time before delivery and for whatever reason. We may do this, for example, but without limitation, where: an event beyond our control, such as a storm, fire, flood, or failure of computer systems, means that Power Rich Sports is unable to supply the Products within a reasonable time; Products ordered were subject to an error on the website, for example, about a description, price or image, which was not discovered before the Order being accepted; you ask us to cancel your Order.
7.2. You may cancel your Order where we have breached a material term of this Agreement; or were are not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay: 1. for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products; or 2. which was outside our control.
7.3. Where we cancel your Order after acceptance, it will send you an e-mail notifying you of cancellation.
7.4. If you or we are canceling your Order after payment has been processed, Power Rich Sports will refund any money paid for that Order, typically within 14 days.
7.5. Except to the extent otherwise required by law or as expressly set out in these terms and conditions, we will not be liable to you, or any other person, for any loss, damage, cost, or expense suffered as a direct or indirect result of the cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Availability of Products
8.1. You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable.
8.2. Power Rich Sports reserves the right to withdraw or suspend from sale any Products displayed on the website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law, we will not be liable to you, or any other person, for any loss, damage, cost, or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9. Passing of Risk and Title
9.1. The risk in the Product shall pass to you on delivery. However, the entire legal, beneficial, and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier: 1. payment in full, in cash or cleared funds, for all the Product has been received by us; and 2. all other money payable by you to us or under the Contract or any other contract or Order has been received by us.
9.2. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit, or restrict any of our other rights or remedies under the Contract or in law or equity. For example, we shall be entitled to maintain an action against you for the Product's price notwithstanding that legal, equitable, and beneficial title to and property in the Product has not passed to you.
10. Chargebacks
You agree to contact us before requesting a chargeback or any dispute with your bank or card issuer about any Transaction. However, suppose you make a card payment through our website and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise. In that case, we reserve the right to block you by providing compelling evidence to refute your invalid chargeback request and pursue legal action, as the case may be.
11. Delivery
11.1. We aim to fulfill your Order by the estimated delivery date in the Dispatch Confirmation unless there is an Event Outside Our Control.
11.2. Delivery will be completed when we deliver the Products to the address you gave us.
11.3. If we incur extra delivery or storage charges because no one is available at your address to take delivery, you will be expected to pay for such tasks.
11.4. The Products will be your responsibility from the completion of delivery.
11.5. To avoid doubt, you own the Products once we have received payment in full, including all applicable delivery charges.
11.6. If you order Products from our website for delivery to a destination outside the United States, your Order may be subject to import duties and taxes, which are applied when the delivery reaches that destination. Please note that we have no control over these charges and cannot predict their amount.
11.7. You will be responsible for paying import duties and taxes. Please contact your local customs office for further information before placing your Order.
11.8. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. Our right to vary these terms
12.1. We reserve the right to revise these Terms at any time.
12.2. Revisions will only be made when necessary to comply with a change in relevant laws or regulatory requirements or to facilitate a shift in business process or procedure.
12.3. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
12.4. Whenever we revise these Terms, we will keep you informed and notify you by stating that these Terms have been amended and amending the relevant date at the top of this page.
13. Our liability to you
13.1. If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Still, we are not responsible for any loss or damage that is not foreseeable. For example, loss or damage is foreseeable if they were an obvious consequence of our breach or if you and we contemplated them when we entered the Contract.
13.2. We only supply the Products for domestic and private use. You agree not to use the product for commercial, business, or resale purposes. We have no liability to you for any loss of profit, business, business interruption, or loss of business opportunity.
13.3. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. any breach of the terms implied as to title and quiet possession; 3. any breach of the terms implied as to the satisfactory quality, fitness for purpose and description; and 4. defective Products.
14. Events Outside Our Control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract caused by an Event Outside Our Control. An "Event Outside Our Control" means any act or event beyond our reasonable control, including but not limited to strikes, lockouts, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: 1. we will contact you as soon as reasonably possible to notify you, and 2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. Communication between us
15.1. When we refer, in these Terms, to "in writing," this will include email.
15.2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, generally by email.
15.3. If we have to contact you or give you notice in writing, we will email you to the address you provide in your Order.
15.4. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website or 24 (twenty-four) hours after an email is sent.
15.5. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16. Disclaimer of Warranties
To the maximum extent permitted by applicable law, Power Rich Sports makes no warranty or representation, express or implied, by operation of law or otherwise, concerning any of the Product(s) sold hereunder, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property.
17. Privacy
Power Rich Sports will process any Personal Identifiable Information (“PII”) you provide for applicable data protection legislation through our Privacy Policy. You agree that, if you have provided Power Rich Sports with PII relating to a third party, 1. you have in place all necessary, appropriate consents and 2. that such third party has read our Privacy Policy. You agree to indemnify Power Rich Sports about all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
18. Accuracy of Billing and Account Information
18.1. We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household, or charge. If to cancel an order, we may attempt to notify you by contacting the e-mail and billing address/phone number provided when he made it. In addition, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
18.2. You agree to provide current, complete, and accurate purchase and Order information for all purchases at our store.
18.3. You agree to promptly update your Order information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
19. Other important terms
19.1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect our rights or obligations under these Terms. We will always notify you by posting on this webpage if this happens.
19.2. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
19.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4. Each of the paragraphs of these Terms operates separately. Accordingly, if any court or relevant authority decides they are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, which will not mean that we will automatically waive any later default by you.
19.6. No joint venture, partnership or agency, or employment relationship has arisen because of these Terms.
19.7. These Terms and any document expressly referred to constitute our entire agreement regarding their subject matter. It supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us relating to that subject matter, whether written or oral. You agree that you shall have no remedies for any statement, representation, assurance, or warranty (whether made innocently or negligently) not set out in these Terms or any document expressly referred to. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to.
19.8. Each of the conditions of these Terms operates separately. If any court or competent authority decides they are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
19.9. These terms and conditions and the relationship between you and Power Rich Sports shall be governed by and construed by the Law of the State of Washington, and you agree to submit to the exclusive jurisdiction of the Courts of Seattle.
Inquiries regarding the Terms of Service can be directed to us at support@powerrichsports.com.