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PURCHASE TERMS AND CONDITIONS
IMPORTANT
You (“Buyer”) are responsible for understanding the local and state laws concerning the purchase and use of Stun & Run Self Defense LLC’s products. By placing an order with Stun & Run Self Defense LLC (“Seller”), you agree that Stun & Run Self Defense LLC’s products are intended for self-defense purposes and are not intended for illegal use. Stun & Run Self Defense LLC is not responsible for misrepresentation by you, nor your illegal use of our products.
ILLEGIBILITY
By submitting an order with Stun & Run Self Defense LLC, you are stating that you are at least 18 years old, you understand the local and state laws concerning the purchase and use of Stun & Run Self Defense LLC’s products, and you agree to all terms and conditions of this purchase. No warranties implied or expressed.
ACCEPTANCE AGREEMENT.
Seller's commencement of work on the goods subject to this purchase order or shipment of such goods, whichever occurs first, shall be deemed an effective mode of acceptance of this purchase order. Any acceptance of this purchase order is limited to acceptance of the express terms contained on the face and back hereof. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller's acceptance is hereby objected to and rejected, but such proposals shall not operate as a rejection of this offer unless such variances are in the terms of the description, quantity, price, or delivery schedule of the goods, but shall be deemed a material alteration thereof, and this offer shall be deemed accepted by Seller without said additional or different terms. If this purchase order shall be deemed an acceptance of a prior offer by Seller, such acceptance is limited to the express terms contained on the face and on the back hereof. Additional or different terms or any attempt by Seller to vary in any degree any of the terms of this purchase order shall be deemed material and are objected to and rejected, but this purchase order shall not operate as a rejection of the Seller's offer unless it contains variances in the terms of the description, quantity, price, or delivery schedule of the goods.
ELECTRONIC/FACSIMILE TRANSMISSION.
If this Purchase Order is transmitted by fax, email or by other means of electronic transmission, such transmission shall have the legal significance of a duly executed original delivered to the Buyer.
PURCHASE PRICE AND TERMS OF PAYMENT.
Products shipped against this Agreement shall be invoiced at the price set forth in the Order. Unless otherwise specified on the Order, payment of the purchase price shall be due thirty days after the later of Buyer’s receipt of Seller’s correct invoice for such shipment or the date on which the Materials are received by Buyer. Seller agrees that it will take no adverse action against Buyer for any invoices not paid resulting from Seller’s failure to obtain or clearly reference purchase order numbers on the applicable invoices or accurately invoice Buyer. The purchase price for the Materials shall include all taxes, customs duties, customs fees or other governmental charges due with respect to the Product(s). Buyer shall, however, pay for any taxes that it is statutorily required to pay. Seller shall provide Buyer with documentation satisfactory to Buyer that establishes Buyer’s statutory liability to pay such taxes. If Seller fails to provide such documentation, Buyer shall not be obligated to pay any such taxes. Seller shall be responsible for all shipping and insurance costs, including without limitation, packing, crating, cartage and freight costs. Buyer may set off any amount owing at any time from Seller to Buyer or any of its affiliates against any amount payable at any time by Buyer.
PURCHASE
When you complete your purchase, you, the buyer, are claiming that you have read, accepted, and fully understand the terms of this agreement.
This agreement is a contract. Under the terms of the contract you receive certain rights due you from the seller and you, in turn, give the seller certain rights that affect you. This contract also contains provisions that delineate and restrict your rights about refund and warranty and that limit the liability of the seller.
The seller will not transact business with you or sell a product or services, and your order will not be processed if you do not accept these terms. “Product” refers Stun & Run Self Defense LLC’s products.
Your pledge of an understanding of this contract and acceptance of the rights, duties, and limitations embodied in it, is a material part of the legal consideration that the seller requires from you as a condition of sale.
DISCLAIMER
Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as “THIRD PARTY OR THIRD PARTIES.” The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering Buyer with the same rights, duties, and obligations as the Buyer, but may also be referred to herein as ‘RECIPIENT”.
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a product(s), service(s) or sale(s) of Stun & Run Self Defense LLC’s products and made a part hereof and constitute a complete description of the product or service that is the subject matter of this Purchase Agreement. This bundle of offerings, including additional items promoted on the order page, shall, together, be termed ‘product’ throughout this agreement but the word ‘product’ shall mean all elements offered in the sale, whether physical, digital, dimensional, events, or other license or right, and include all sales or promotional materials.
REFUND POLICY
The products and services referenced herein are sold with a 30 day refund policy from the date of purchase. Refund requests must be made in writing through via email or our contact form online. Products must be returned in sellable condition at Buyer’s expense.
OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego.
The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the product is received. If it should happen that the Seller’s courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer’s credit card for said charges or for the return of goods if they are refused at the point of destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Law, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against the Seller’s account, that the Seller is authorized to re-charge the Buyer’s credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
Seller makes no warranty of merchantability. Products are For Self Defense Only. No results are guaranteed or to be expected as a result of purchasing these products or services. Products and services are sold ‘as is’ without warranty or guarantee of any kind. Defective discs will be replaced by request within 30 days of purchase.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer’s person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this product. Buyer agrees, as part of the consideration required to purchase product or service, to carefully review and test this product during the refund period and to immediately request a refund or exchange if the product is not satisfactory.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of Seller’s liability shall be an amount no greater than the purchase price of the product.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller’s total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller’s total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller’s total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
STATUTE OF LIMITATIONS
Regardless of any statute or laws to the contrary, you must file any claim or cause of action arising out or related to your purchase within (1) one year after such claim or cause of action arose or be forever barred. This section shall survive termination of this AGREEMENT.
GENERAL:
1. If any provision of this Agreement is adjudged by a court to be void or unenforceable such provision shall no way affect any other provision of this Agreement, the application of the provision in any other circumstances or the validity or enforceability of this Agreement and such provision shall be curtailed and limited only to the extent necessary to bring it within legal requirement.
2. You have read, fully understood all the terms and conditions of this agreement.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between YOU and Stun & Run Self Defense LLC in relation to your purchase a product from the Seller. No additional provisions are expressed nor implied. This AGREEMENT supersedes any all previous oral and/or written, express and/or implied agreements. By purchasing, YOU HAVE READ AND FULLY UNDERSTOOD THIS AGREEMENT and ACCEPT ALL TERMS, CONDITIONS, COVENANTS AND RESTRICTIONS, and WITHOUT EXCEPTION.