TERMS OF SALE
Last updated as of April 11, 2022
You should carefully read these WARSON BRANDS - TERMS OF SALE (“Terms”) before submitting any orders for purchase, as THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, including a BINDING ARBITRATION AGREEMENT and CLASS ACTION & JURY TRIAL WAIVER CLAUSE. Except for certain types of disputes described in the Arbitration section below or if prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Section 1 – Scope and Application
1.1 These Terms are between you and Warson Group, Inc., also known as Warson Brands (collectively, “Warson”, or “us” or “we” or “our” as required). THESE TERMS APPLY TO ALL OFFERS, SALES, AND PURCHASES OF ALL PRODUCTS (“PRODUCTS”) THROUGH THE ONLINE ORDER PLATFORM(S) AVAILABLE ON THIS WEBSITE AND ALL OTHER WEBSITES, MOBILE SITES, AND MOBILE APPLICATIONS WHERE THESE TERMS APPEAR OR ARE LINKED (EACH INDIVIDUALLY, A “SITE” AND COLLECTIVELY, THE “SITES”). BY ORDERING ANY PRODUCTS THROUGH THE SITES, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE ADDITIONAL TERMS, AND ANY ORDER CONSUMMATED THROUGH THE SITE IS CONDITIONED ON YOUR ACCEPTANCE OF THE SAME. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST NOT COMPLETE YOUR ORDER.
1.3 We may update or change these Terms at any time without prior notice in our sole discretion. The
latest version of the Terms will be posted on the Site(s).
Section 2 – Order Placement & Acceptance
2.1 When you place an order to reserve, purchase and/or pay for Product(s) through the Site(s), you agree that your order is an offer to purchase or reserve the Product(s) listed in your order. Availability of the Product(s) on the Site(s) is not guaranteed and may be low in stock. If a Product is not available by the time your order processes, we will notify you of this via email. Orders place don Saturdays, Sundays, or holidays may not process until the following business day.
2.2 We reserve the right to cancel or to refuse any order that you place through the Site(s), including for pricing errors. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per transaction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2.3 Upon placing an order you will receive an order acknowledgement (the “Order Acknowledgement”) to your registered email detailing the Product(s) ordered which may be automatically generated, but your order will not be accepted until approval by your chosen payment method is received, at which point you will receive an order confirmation email (the “Order Confirmation”). ALL ACCEPTED ORDERS ARE FINAL, NON-CANCELLABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE POLICY OUTLINED IN SECTION 4 BELOW.
Section 3 – Prices; Site Errors; Payment
3.1 Prices displayed on the Site(s) may differ from prices for Products in stores. Prices on the Site(s) are subject to change without notice but will only apply to orders placed after such changes. Prices for Products purchased are those in effect when an order is received and will be set out in the Order Acknowledgment sent to you at the time of purchase. Prices are quoted and will be paid in U.S. dollars. Unless otherwise indicated on the Site(s), prices exclude taxes (if applicable), which are additional and will be itemized in the Order Confirmation.
3.2 While every effort is made to ensure the accurate display of Products on the Site(s), the depiction may depend on the viewers monitor or mobile device and may not be accurate. Additionally, the material on the Site(s) may be changed, updated and/or deleted without notice and are subject to correction for technical, clerical or typographical inaccuracies or errors. We do not guarantee the accuracy or completeness of any information contained on the Site(s), including pricing, product images, specifications, or availability and we will not be responsible for any such inaccuracies or errors. We reserve the right to correct any errors, omissions, or inaccuracies, and to change or update information at any time without prior notice (including after you have submitted an order). Orders placed through the Site(s) may be declined or cancelled for any lawful reason, including without limitation, due to the foregoing issues or if a Product is unavailable or out of stock.
3.3 Payment or pre-authorization of funds by credit card or other payment methods accepted by the Site(s) is required before an order will be confirmed. BY SUBMITTING SUCH INFORMATION YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION AND YOU GRANT US THE RIGHT TO PROVIDE SUCH INFORMATION TO THIRD PARTIES FOR PURPOSES OF FACILITATING THE TRANSACTIONS INITIATED BY YOU OR ON YOUR BEHALF. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. You shall remain responsible for any taxes that may be applicable to such transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.
3.4 Pricing is non-refundable except as specified in Sections 4.2 and 6.2 below.
Section 4- Shipping, Returns & Exchanges
4.1 Orders typically ship within 2-3 business days following Order Confirmation. Warson provides free standard shipping via UPS Ground on all orders shipping to addresses within the contiguous United States. Actual shipping time is 3-5 business days. UPS does not deliver to Post Office Boxes. Orders shipping to Alaska, Hawaii or Puerto Rico shall be subject to a shipping charge of $22.00 per Product and ship via USPS Priority Mail. Orders shipping to military addresses (APO, FPO or DPO) are charged $15.00 per pair and ship via USPS Priority Mail. Orders shipping to international locations must be placed by phone and will not accepted through the Site(s). International orders will be shipped via UPS and if you choose to place an order for international delivery you will be responsible for all freight charges, as well as additional duty, brokerage and GST charges. UPS will require payment for these charges when they deliver the package.
4.2 Merchandise must be returned within 30 days of purchase with no visible signs of wear and contained in original packaging free of additional markings. Orders placed within the continental United States, customers may request a complimentary return shipping label and a return form with instructions. Orders placed for shipment to Hawaii, Alaska, and Puerto Rico may not receive a free return shipping label. Exchanges are not available at this time. Refunds to a credit card may take up to 21 days.
Section 5 –Force Majeure
5.1 The Site(s) offers Products for purchase by you. In no event shall we be responsible or liable for any restrictions or limitations to the order placed hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, pandemics, 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.
Section 6 – Warson Product Warranty
6.1 Products ordered through the Site(s) come with a 12-month limited warranty against manufacturing defects. A warranty claim must be accompanied by an original Order Confirmation, must have been properly cared for and maintained, must have been used under proper conditions and not subjected to abuse, and must be presented by the original purchaser. The limited warranty is not transferable and subject to the following exclusions: 1) normal wear and tear, alterations, or modifications; 2) repair work performed by anyone other than Warson; 3) damage caused by chemical or foreign contamination; 4) any safety-toe or metatarsal guard footwear after the footwear has sustained an impact in excess of the specified ASTM, CSA, or EN safety rating for such footwear; broken or frayed laces; worn down insoles; 5) fit and comfort issues; 6) odors after being worn; 7) cuts, abrasions, or damage resulting from accident, neglect, abuse, misuse of the footwear.
6.2 Warson will review any warranty claims and, if a manufacturing defect is found, will either replace the Product with the same Product or offer or provide a discount towards the purchase of a comparable Product from Warson. The discount amount is determined by Warson using the date of purchase, type of defect and amount of wear on the footwear.
Section 7 – DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILTIY
7.1 TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE(S) AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SITE(S) MAY CONTAIN LINKS TO OTHER THIRD-PARTY WEBSITES. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. THIRD-PARTY WEBSITES AREMAINTAINED BY PERSONS OR ORGANIZATIONS OVER WHICH WARSON EXERCISES NO CONTROL. WARSON EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR RESULTS FROM YOUR USE OF SUCH THIRD-PARTY WEBSITES. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE(S).
7.2 TO THE FULLEST EXTENT PROVIDED BY LAW, WARSON DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.3 TO THE FULLEST EXTENT PROVIDED BY LAW, WARSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE(S), CONTENT, OR OTHER POSTED MATERIAL ON THE SITE(S) IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. BY PROVIDING THE SERVICES ON THE SITE(S), WARSON DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WARSON IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE(S) AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.
7.4 THE LIABILITY OF WARSON AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE(S), OR THE CONTENT OR PRODUCTS, OBTAINED THROUGH THE SITE(S), WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50). IN NO EVENT WILL WARSON BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE(S), OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WARSON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Section 8 – Notices
8.1 Unless otherwise specified, please send communications to us under these Terms via email to email@example.com. We may update these Terms by notice on the Site(s).
8.2 Notices to you under these Terms may be sent by sending a message to the email address you provide or by posting to the Site(s). Notices sent by email will be effective when sent. Posted notices are effective upon posting. It is your responsibility to keep your email address current.
Section 9 – MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
9.1 Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.
9.2 In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site(s), the Products or Servcies, or any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
9.3 You and we agree that your use of the Product (s) involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings. If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
9.4 If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
9.5 If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.
9.6 If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, Product(s), and any other actions with us.
9.7 You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at firstname.lastname@example.org and including in the subject line “Rejection of Arbitration Provision.”
Section 10 – Governing Law and Venue
Section 11 – General
11.1 No amendment to these Terms will be valid unless made in writing and agreed to by Warson. These Terms are the final and integrated agreement between you and us with respect to their subject matter. Warson may freely assign its obligations and rights under these Terms. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision, and a waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
Section 12 – Questions
12.1 If you have any questions or comments about these Terms or the Site(s), please contact us by email at email@example.com. You also may write to us at:
Warson Group, Inc.
Attn: Website Inquiries
9200 Olive Blvd., Suite 222
St. Louis, MO 63132