XMG Terms & Conditions for Online Sales
Updated: January 4, 2021
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU, INCLUDING OPTIONS TO RETURN PRODUCTS, REQUIREMENTS FOR REQUESTING REFUNDS, AND THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. AS FURTHER DESCRIBED IN SECTION 11 BELOW, BY AGREEING TO THESE TERMS, YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU MIGHT HAVE IF YOU WENT TO COURT, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU DO NOT AGREE TO THESE TERMS OR ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF ITS CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Sales Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, or limit or cancel quantities purchased per person, per household, or per order even after we send you a confirmation email with your order number and details of the items you have ordered. These restrictions might be instituted for fraud prevention or other concerns and may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
2. Prices and Payment Sales Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes take effect. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences, and/or issue a credit to your credit card account in the amount of the incorrect price, if your credit card has already been charged for the purchase.
(b) By purchasing a product on this Site, you acknowledge that we use a third-party payment processing system and have little control over payment processing details. You agree that you will have to look to our payment processing vendor if you encounter any payment processing problem, and understand that all registration, billing, and shipment information you provide must be truthful, accurate, and up-to-date.
(c) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Sales Terms. If there is a conflict between the terms for a promotion and these Sales Terms, the promotion terms will govern.
(d) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
3. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product or checkout page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process, which may include processing, handling, packing, shipping, and delivery costs relating to your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Returns and Refunds. Except for products designated on the Site as custom-made, final sale, or non-returnable, we may accept a return of a product for a refund of your purchase price, less the original shipping and handling costs, so long as you: call or email us via the information provided below (or elsewhere on the Site) to obtain return instructions within thirty (30) days of the product’s delivery to you; return the product as instructed; and have valid documentation regarding your purchase of the product from our Site. XMG determines, in its sole discretion, whether a product is eligible for replacement, an account credit, return, and/or a refund, and we will not accept returns of customized products, if the product is used, or if we cannot confirm that the item was purchased directly from us, through the Site. If applicable, we will process refunds as soon as practicably possible for us, to the same payment method you used to make the original purchase on the Site whenever possible.
5. DISCLAIMER OF WARRANTIES. TO THE EXTENT ALLOWABLE BY LAW, ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. IN ADDITION, BEFORE USING ANY PRODUCT FROM OUR SITE, REVIEW AND UNDERSTAND ALL PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS, INSTRUCTIONS, AND PRODUCT DESCRIPTIONS) REGARDING USE. THE INFORMATION ON OUR SITE, INCLUDING PRODUCT DESCRIPTIONS AND USER CONTENT, IS NOT INTENDED AS A SUBSTITUTE FOR PROPER FIREARM SAFETY TRAINING.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH OUR PRODUCT, THE SITE, OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON AND UNDER ANY THEORY OF LIABILITY, INCLUDING THE MANUFACTURE, SALE, DISTRIBUTION, RESALE, REPLACEMENT OR USE OF ANY PRODUCTS, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE OR PORTION OF THE AMOUNT PAID GIVING RISE TO THE CLAIM.
7. CONSUMER RIGHTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. SECTIONS 5 AND 6 ABOVE OUTLINE YOUR SPECIFIC LEGAL RIGHTS AND REMEDIES UNDER THESE TERMS, BUT YOU MAY ALSO HAVE OTHER RIGHTS AND REMEDIES WHICH ARISE FROM OPERATION OF LAW AND WHICH VARY FROM STATE TO STATE.
8. Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to and use at locations within the United States.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Sales Terms, for any failure or delay in our performance under these Sales Terms when our failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Dispute Resolution and Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) In the event of any claims, disputes, or other controversies arising out of, or relating to, these Sales Terms, the use of this Site, information, or products, which the parties are unable to resolve through informal negotiations within sixty (60) days of the start of the negotiations or other discussions, each party hereby agrees to settle such a dispute via binding arbitration, as set forth in this Section 11.
(b) EXCEPT AS STATED OTHERWISE IN THESE TERMS OR BY APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Arbitration Rules for Consumer Disputes, if appropriate, then in effect, except as modified by this Section 11, which are available for your review at www.adr.org. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Arbitration may be conducted in person in Phoenixville, Pennsylvania, by phone, and/or through the submission of documents and information online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(d) You agree to this Section 11 on an individual basis.
TO THE FULLEST EXTENT PERMITTED BY LAW: NO ARBITRATION MAY BE JOINED WITH ANY OTHER PROCEEDING; YOU WILL NOT BE ENTITLED TO, NOR IS THERE ANY RIGHT OR AUTHORITY TO, JOIN OR CONSOLIDATE CLAIMS BY, ON BEHALF OF, OR INVOLVING OTHER CUSTOMERS OR USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
No arbitrating body may consolidate more than one person’s claims, or otherwise preside over any form of a representative or class proceeding. Such body or tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(e) The parties agree that the following disputes are not subject to this Section 11 concerning binding arbitration: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (ii) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of data or confidential information; and (c) any claim for injunctive relief. If all or part of this Section 11 is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that particular portion of this Section, and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction below, and the parties agree to submit to the personal jurisdiction of that court. If any provision of this Section 11 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. Governing Law and Jurisdiction. This Site is operated from and intended for use within the United States. All matters arising out of or relating to these Sales Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without giving effect to its conflicts of law provisions. If for any reason, a dispute, cause of action, or claim you may have with respect to the Site or these Sales Terms (including but not limited to the purchase of our products) proceeds in court (and not by arbitration as set forth above), it must be instituted, and you consent to personal jurisdiction and venue, in the state or federal courts located in Chester County, Pennsylvania. To the extent permissible under applicable law, you are required to bring, raise, or submit to us all disputes or claims relating hereto within one (1) year from the date the claim or cause of action arises.
(a) To you: We may provide any notice to you under these Sales Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To us: To give us legal or other notice under these Sales Terms, you must contact us by email. For refunds and other notices, you may contact us using the information provided below. We may update the phone number, email address, or physical address for notices to us by posting a notice on the Site. Notices will be effective: immediately, if provided by email, subject to confirmation of delivery to the intended destination or acknowledgement of receipt by the intended recipient; one business day after sending, if provided by overnight courier; and three business days after they are sent, if sent using certified mail.
c/o Corporation Service Company
2595 Interstate Drive, Suite 103
Harrisburg, PA 17110
By phone: 1.833.GO.4.XMOD
By email: CustomerSvc@XMODgear.com
14. Electronic Communications, Transactions, and Signatures. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES, OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, OR TO PAYMENTS OR THE GRANTING OF CREDITS BY ANY MEANS OTHER THAN ELECTRONIC MEANS.
15. Assignment; No Third-Party Beneficiaries. You will not assign or delegate any of your rights or obligations under these Sales Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Sales Terms. These Sales Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. No Waivers. The failure by us to enforce any right or provision of these Sales Terms will not constitute a waiver of future enforcement of that right or provision. Our waiver of any right or provision under these Sales Terms will be effective only if in writing and signed by our duly authorized representative.
17. Severability. If any provision of these Sales Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Sales Terms and will not affect the validity or enforceability of the remaining provisions of these Sales Terms.