The following terms and conditions of sale (collectively, the “T&Cs”) apply to use of both the Team Issue LLC and Big Game Sports, Inc. websites (www.teamissue.com and www.biggameusa.com, collectively the “Sites”) and all sales by, services provided by, goods produced by, and all business dealings with, Team Issue LLC and Big Game Sports, Inc. (collectively, “Company,” “we,” or “us”) on the Sites, and by placing an order on the Sites you acknowledge, accept, and agree to be bound by, the T&Cs and agree that the order is subject to the T&Cs:
1. Company Product(s) and Customizable Product(s). “Company Product(s)” means any goods or products produced, manufactured, or sold by Company on the Sites, including any Customizable Product(s) (defined below). “Customizable Product(s)” means any Company Product(s) that may be modified, adjusted, or otherwise customized in terms of color, materials, size, logo, content, or other adjustments from the base/stock Company Product(s) offered by the Company, including but not limited to any customized Company Product(s) created, designed, purchased, or otherwise ordered directly though the Company, through the “Build Your Ball” program, and through the Company Football Configurator. Company does not guaranty that Company Product(s) set forth on the Sites are available or in stock and may alter, cease manufacturing, discontinue, or otherwise cease selling any Company Product(s) at any time and without notice.
2. MAXIMUM FOOTBALL AIR PRESSURE. You acknowledge that maximum air pressure for any footballs is 13 pounds per square inch (13 psi). Footballs should not be inflated beyond 13 psi.
3. Price, Taxes, Shipping, and Other Charges.
a. The price charged for any Company Product(s) is the price in effect at the time an order is placed on the Sites and set forth in the transaction receipt issued, and the order confirmation e-mails sent out, upon completing an order of Company Product(s). Company may adjust prices at any time, in its sole discretion, and without notice, however, such price adjustments only apply to orders made after the adjustments are made. The price does not include cost of shipping, special packaging/handling specifications, sales, use excise or other taxes or customer duties, costs of nonstandard packaging or insurance, drayage, or other unforeseen costs (collectively, “Additional Charges”). Company has, and retains, full title and ownership to Company Product(s) until the Company receives all amounts (including the purchase price and additional charges) due for the ordered Company Product(s).
b. Tax, shipping charges, and any other Additional Charges, are set forth in the checkout process, transaction receipt, and order confirmation e-mail. Sales taxes, and other relevant taxes, are charged where and when required by state or other laws.
4. Shipment/Delivery and Force Majeure
a. Shipment/Delivery. Shipment/delivery options are set forth at checkout and may change from time to time without notice. It is your sole responsibility to select the appropriate shipping method and schedule for your order. Company does not guaranty actual shipment and/or delivery pursuant to, and in accordance with, the shipment/delivery option chosen by you. Risk of loss, damage, or delay, of any Company Product(s) shall immediately and automatically pass to you upon delivery of the Company Product(s) by Company to the shipping carrier.
b. Force Majeure. Company is not liable for delay or default in delivery due to inclement weather, strikes, boycotts, riots, wars, accidents, fires, floods, explosions, vandalism, government embargoes, pandemics or other mass disease events, priorities or regulations, transportation delays, shortage of labor, fuel, materials, supplies, power, transportation facilities, tooling capacity, or other similar causes beyond Company’ reasonable control.
5. Material/Color Variance. Any proof, sample or mock-up issued or produced by Company, or set forth on the Sites, is for illustration purposes only and actual Company Product(s) may vary slightly due to materials or manufacturing processes. Company cannot guaranty exact color or materials preferences due to differences in product/material composition and interaction outside of Company’s control.
6. IP Rights. Any works of authorship contained in any proof, sample, or mock-up produced by Company and/or set forth on the Sites, including but not limited to all design, text and images with permitted incorporation of licensed trademarks, are owned, except as expressly stated, by Company or its licensors, and may not be copied, reproduced, distributed, sublicensed, altered, or otherwise used in whole or in part in any many without the prior written consent of Company or its licensees. Company is an official licensee of Nike USA Inc. By providing Company with any logos, wordmarks, or other symbols/marks for customization of, and/or incorporation into, any Company Product(s), you are representing to Company that you are the owner of, or otherwise have the rights to use, such logos, wordmarks, or other symbols/marks, and Company is relying on such representation in incorporating logos, wordmarks, or other symbols/marks provided by you into any Company Product(s).
7. Company’s Right to Reject. Company has the right to refuse any order or Company Product customization for any reason, in Company’s exclusive discretion.
8. Payment. Credit/debit cards accepted by Company are listed on the Sites and payment by credit/debit cards may only be made through such credit/debit cards listed on the Sites. Credit/debit cards are charged at the time the Company Product(s) are to be delivered to the carrier for shipment. Company Product(s) will not be delivered to the carrier for shipment to you until the card issuer has authorized the use of the credit/debit card for purchase of the Company Product(s) and the card payment is successfully processed. The order confirmation e-mail sent to you by Company upon purchase of Company Product(s) is your proof-of-purchase of such Company Product(s) and a copy of such order confirmation e-mail should be kept for your records.
a. Customizable Product(s). No order for Customizable Product(s) may be cancelled or returned.
b. All Other Company Product(s). Subject to Section 9(a) above, non-customizable Company Product(s) can be returned for any reason within 30 days of ship date. To ensure proper credit, fill out the return form provided to you. Please enclose return form with the non-customizable Company Product(s) you are returning. All merchandise must be returned within 30 days of ship date. Only Company Product(s) are returnable. Company will credit your original method of payment, excluding shipping charges. Company highly recommends contacting Company via phone or email to get a Return Authorization number before mailing back any non-customizable Company Product(s). If the product is defective or damaged, Company will provide a return address label for return at no charge to you. Please allow 2 to 3 weeks for your return to be received and your refund issued. Company only accepts returns for orders made through the Sites or through the Company factory directly.
10. Substitution. In the event that Company determines, in its sole discretion, that a Company Product not meet Company’ quality standards (a “Below Standard Item”), Company may (but is not required to) in its sole discretion and without notice, substitute such Below Standard item with a substitute Company Product of equal or greater value.
11. Suitability/Warranty. It is your responsibility to determine whether the Company Product(s) purchased are suitable for your proposed/intended use of such Company Product(s) and Company makes no representations relative to the suitability of Company Product(s) for any proposed/intended use. Company Product(s) are warranted free from defects in workmanship and materials for ninety (90) days from delivery of the Company Product(s) to the carrier to be shipped to you. Except as set forth in this Section 11: ALL COMPANY PRODUCT(S), AND OTHER GOODS AND SERVICES PROVIDED BY COMPANY, ARE PROVIDED ON AN “AS IS” BASIS, THE WARRANTIES AND REMEDIES STATED ABOVE BY COMPANY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. ANY AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS ARE EXPRESSLY EXCLUDED.
12. Changes or Waiver. No change in specifications, quote(s), proof(s), or delivery for Company Product(s) may be made without the prior written consent of Company. These terms may be modified only in writing signed by an authorized representative of the Company. Company’ waiver of your default under any term or condition shall not constitute a waiver of any further defaults.
13. Liability. You are purchasing Company Product(s) with the full knowledge of the dangers involved, which could include mechanical failure, damage to personal property, bodily injury, and/or death, and Customer hereby agrees to accept and assume any and all risks, including injury and/or death relating to ownership or use of any Company Product(s).
Company’ liability shall in no event exceed the purchase price of the Company Product(s) in question. You agree that Company is not liable to you or any third-parties for any and all claims, demands, debts, expenses, causes of action, lawsuits, damages and liabilities, of every kind or nature, whether known or unknown, in law or equity, arising from or in any way related to ownership or use of any Company Product(s).
14. Updates or Changes to T&Cs. Company may change or update the T&Cs at any time and such changed/updated T&Cs will apply to any orders submitted on and after the date such changed/updated T&Cs are posted on the Sites or otherwise provided to you.
15. Governing Law. The T&Cs are governed by the laws of the State of Texas.