TERMS OF SALE
This agreement contains the terms and conditions that apply to your purchase of products (“Products”) from First Drop, LLC (“First Drop”). Please read these terms and conditions of sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement was last revised on June 1st, 2010.
By clicking "I Agree," you acknowledge that you have read, accepted and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. These terms and conditions apply unless (i) you have signed a separate purchase agreement with First Drop, in which case the separate agreement shall govern; or (ii) other First Drop standard terms apply to the transactions. These terms and conditions are subject to modification without prior written notice at any time, in First Drop’s sole discretion. The terms and conditions in effect at the time of your purchase apply to such purchase. This agreement applies only to Products that are sold or provided in the United States/ internationally to consumers and are not intended for resale. Those who desire to be resellers or distributors should contact First Drop at info@firstdropouterwear.com or 1-608-658-7809. By using the First Drop website, you are also subject to First Drop's Terms of Use.
Section 1
Price and Payment Terms
Terms of payment are within First Drop’s sole discretion, and unless otherwise agreed to by First Drop, payment must be received by First Drop prior to First Drop’s acceptance of an order. Payment for the Products must be made by credit card (Visa, MasterCard or American Express), debit card (issued by Visa or MasterCard), money order, certified check or some other prearranged payment method. Orders are not binding upon First Drop until accepted by First Drop. Any price quotations given by First Drop will be valid for the period stated on the quotation, with the exception that First Drop reserves the right to reject any sale for any reason, including for a misprint in the price quotation or advertisement. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay unless you provide First Drop with a valid and correct tax exemption certificate (applicable to the Product ship location) prior to First Drop’s acceptance of the order.
Section 2
Shipping and Title
First Drop will arrange shipping of the Products to your address using a carrier of First Drop's choice, in First Drop's sole and absolute discretion. Title and risk of loss to the Products passes to you upon delivery to the carrier. First Drop does not provide insurance on the Products during delivery. The costs of shipping and handling will be shown on your purchase receipt. First Drop will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond its reasonable control, including shortage of materials, labor strikes, transportation failure, or acts of God.
Section 3
Inspection of Products Upon Receipt
You must examine the Products when you receive them. If any item is damaged or missing, you must notify First Drop at once. First Drop will not consider any claim for damaged or missing items more than seven (7) days from the date of delivery.
Section 4
Products
First Drop’s policy is one of an ongoing Product update and revision. First Drop may revise and discontinue Products at any time. First Drop will ship you Products that have the stated quality of the Products you ordered, but changes between what is shipped and what is described in a specification sheet or online catalog, including variations in color, sizes, material and design, are possible.
Section 5
Product Suitability
Many states and localities have codes and regulations governing sales and/or use of Products for certain purposes, which may vary from those in neighboring areas. While First Drop attempts to assure that its Products comply with such codes and regulations, it cannot guarantee compliance, and cannot be responsible for how the Product is used. Before purchase and use of Product, please review national and local codes and regulations to be sure that the Product and use of the Product will comply with them.
Section 6
Limited Warranty and Disclaimers
First Drop warrants to the original purchaser of the Product that the Product will be free from material defects in materials and/or workmanship from the date of invoice for a period of ninety (90) days, unless otherwise specified. During this warranty period, First Drop will, at its option, repair or replace defective Products. Damage due to shipping the Products to you is covered under this warranty. This warranty does not cover damage due to external causes, including, but not limited to, accident, abuse, misuse, or failure to perform required preventative maintenance. This warranty is void if the Product is taken apart or otherwise disassembled in any manner. First Drop will repair or replace Products returned to its facility in accordance with Return Policy outlined below. First Drop owns all parts removed from repaired Products. If First Drop repairs or replaces a Product, its warranty term is not extended. You must call First Drop during the warranty period in order to be eligible to receive warranty service under this First Drop Warranty.
THE ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. FIRST DROP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY FIRST DROP, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. COMPATIBILITY OF PRODUCTS IS NEVER GUARANTEED, AND THERE IS NO WARRANTY THAT SEPARATE COMPONENTS WILL FUNCTION AS A SYSTEM. THE ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Section 7
Limitation of Liability
FIRST DROP’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THE ABOVE WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
FIRST DROP DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. FIRST DROP WILL NOT BE LIABLE FOR LOST PROFITS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES TO PRODUCTS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, FIRST DROP IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Section 8
Return Policies
If you bought Products directly from First Drop, you may return them to First Drop up to seven (7) days from the date of the delivery for a complete refund of the purchase price. To return Products, all items must be still in the plastic, unworn, unwrinkled, with tags still on. You must ship the Products to First Drop in their original packaging and condition, prepay shipping charges and accept the risk of loss or damage during shipment. First Drop will not ship a replacement or exchange until we have received the returned Product.
A return/ exchange may be denied or a restocking fee of 15% of the purchase price will be charged on any returned item which is deemed by First Drop to be used, wrinkled, or without complete tags and/or packaging. (The 15% fee will be assessed at time of refund).
Section 9
Customer Support
First Drop provides a range of basic support options for the Products via a variety of on-line, telephone, and other methods.
(a)First Drop Internet Site. We recommend that, before calling or emailing customer support, you go to the First Drop Frequently Asked Questions (FAQ’s).
(b)Customer Support Telephone Number. You may contact 1-608-658-7809 for First Drop customer support which can assist you with questions about your purchase, shipment, warranty service, and any exchanges or returns. This is also the number to call to change your address or to inquire about orders, bills and invoices.
(c)Customer Support Email Address. You may contact info@firstdropouterwear.com with any questions your purchase, shipment, warranty service, exchanges or returns, and any other general inquiries regarding First Drop or its products.
Section 10
Entire Agreement/Revisions
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Product(s) and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and First Drop. First Drop may revise this Agreement at any time without notice by updating this posting, and said revisions shall be effective immediately upon posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of which you are bound.
Section 11
Assignment
Customer shall not assign any order or any interest therein without the prior written consent of First Drop. Any actual or attempted assignment without First Drop's prior written consent shall entitle First Drop to cancel such order upon notice to customer.
Section 12
Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Colorado excluding conflict of law rules, and venue shall be in Boulder County, Colorado.
Section 13
Headings
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Section 14
Severability
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
Section 15
Notice
Except as explicitly stated otherwise, any notices shall be given by postal mail to First Drop, LLC, 1950 33rd St., Boulder, CO 80301 USA or by email to info@firstdropouterwear.com (in the case of First Drop) or to the email address you provide to First Drop during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless and only unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to First Drop during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
