Terms and conditions
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BUFF, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
2. Terms. These terms and conditions (these “Terms”) apply to the purchase and sale of products through https://www.swchbak.com (the “Site”). These Terms are subject to change by SWCHBAK, Inc. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. The Site is intended solely to sell SWCHBAK® products direct to end consumers, not for resale. Purchase for resale is strictly prohibited. If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
3. Privacy Policy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. You should carefully review our Privacy Policy before placing an order for products or services through this Site.
4. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these 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 any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by messaging our Customer Service Department at swchbak@gmail.com
5. Price. The price for a product 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. 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 are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
6. Payment. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express. We do not accept international credit cards. US cards only. 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 all applicable taxes, if any.
7. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. 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.
8. Custom Products. For customized SWCHBAK® products you may submit a design. You may design (the color combination, letters, icons etc...) and personalize a design by (i) using our proposed patterns, icons and typographies, available from us during the design process or (ii) originally created by you. If the design is your creation, you hereby guarantee that you are authorized to use the design, or the personalization even if created by a third party. We have the right to decline your proposed personalization or design. You are solely responsible for your customized design and personalization, and we have no obligation to review or decline your proposed design or personalization. We may reject a proposed customized design which contains a trademark belonging to third party, the names of sports teams, athletes or celebrities in the event neither you or we have the authorization to use, or because it contains material that we consider inappropriate at our discretion. If we reject your proposed design, we will notify you as soon as possible by email. Notwithstanding the above, you agree to indemnify, defend and hold us harmless, our affiliates, respective directors, officers, employees, agents, successors and assigns harmless from and against any all costs, liabilities, losses, damages, penalties, fines and expenses (including reasonable attorneys’ fees), settlements, claims, allegations, actions or suits incurred by or asserted against us, our affiliates, respective directors, officers, employees, agents, successors and assigns in connection with or arising out of any claim made by a third party alleging a violation of any intellectual property rights by the customized design provided by you, including but not limited to patent, trademark or copyright infringement. Upon our request, you will promptly provide to us a written statement of authorship and/or authorization granted to use the design, or the personalization created by a third party. If we make available a customized design during the design process, we retain the copyrights to such design and you shall have no right to use and reproduce such artwork by any means. If you create the customized design, such design qualifies as “Customer Content” and the following terms apply: you represent that you have the right to use the “Customer Content” and you grant to us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the Customer Content used in connection with the customization process through our website, including any of the concepts or ideas contained in the Customer Content, for any purpose, including but not limited to commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
9. Customer Complaints. In case you have a complaint, please contact us via our customer service first email.
10. Trademarks. SWCHBAK® and all other names, logos, and icons identifying SWCHBAK and its programs, products, and services, including any logos, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are our proprietary trademarks and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Any use of such marks without our express written permission is strictly prohibited, and nothing stated or implied on our Site confers on you any license or right under any of our trademark.
11. Limited Warranty. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee. SWCHBAK, Inc. is proud to design, create manufacture all SWCHBAK® headwear products in-house at our facility in San Diego, which allows us to continually improve upon our product offerings and provide the best service. If you are not satisfied with one of our products at the time you receive it, or if it does not perform to your approval, please return it to us for a full refund or exchange within 30 days of the purchase date. Returned products must be unworn, unwashed, undamaged and in original packaging. We reserve the right to amend the return policy. THE FOREGOING WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOT EXPRESSLY HEREIN, ARE HEREBY EXCLUDED. NO AFFIRMATION BY US, BY WORDS OR ACTION, OTHER THAN AS SET FORTH IN THIS WARRANT CLAUSE SHALL CONSTITUTE A WARRANTY. This limited warranty does not apply to any Products which have been subjected to normal wear and tear, misuse, mishandling, failure to follow product instructions (for example, care instructions) misapplication, neglect, accident, products modification and/or repair, improper use, improper storage, and/or willful damage.
12. Force Majeure. In no event shall we be responsible or liable for any failure or delay in the performance of our obligations hereunder arising out of or caused by, directly or indirectly, forces beyond our control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that we shall use reasonable efforts which are consistent with accepted practices in the apparel industry to resume performance as soon as practicable under the circumstances.
13. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
14. Dispute Resolution, Binding Arbitration, Limitation of Liability. YOU AND SWCHBAK Inc. 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. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this clause/ agreement to arbitrate, shall be determined by arbitration in the Southern District of California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act. In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
15. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
17. Integration. These Terms, in conjunction with the Privacy Policy referred to herein, constitute the entire agreement among the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining thereto.