Terms of service

Terms of Sale

OVERVIEW

This page (together with the documents referred to on it) sets out the terms and conditions on which we supply any of the products ("Products") listed on our website DefenderGearUSA.com the website" or "our site") to you ("the Buyer" or "you"). PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING ANY PRODUCTS FROM OUR SITE. YOU SHOULD UNDERSTAND THAT, BY ORDERING ANY OF OUR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE. IF YOU ARE ORDERING ANY PRODUCTS ON BEHALF OF AN ORGANIZATION, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE ON BEHALF OF THAT ORGANIZATION. You should print a copy of these Terms of Sale for future reference.

BEFORE ORDERING ANY PRODUCTS OR AGREEING TO THESE TERMS OF SALE, PLEASE, IN PARTICULAR, CAREFULLY REVIEW THE FOLLOWING TWO PROVISIONS:

ALL PRODUCTS ARE PROVIDED "AS IS" WITH NO WARRANTY, REFUND, OR RETURN RIGHT

ALL PRODUCTS ON OUR SITE ARE PROVIDED "AS IS", WITH ALL FAULTS, AND WITHOUT ANY GUARANTEES OR WARRANTIES. ALL SALES ARE FINAL. YOU SHALL HAVE NO RIGHT TO REJECT OR RETURN ANY PRODUCT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ANY PRODUCT IS WITH YOU.

WAIVER OF CLASS ACTIONS AND RIGHT TO TRIAL BY JURY

THESE TERMS OF SALE PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS OD SALE OR ANY CONTRACT (AS DEFINED BELOW). YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.

  1. INFORMATION ABOUT US
    • DefenderGearUSA.com is a site operated by Far East Holdings LLC d/b/a Defender Gear USA ("us" or "we"). We are a Montana limited liability company.
    • Questions about the Terms of Service should be sent to us at support@feholdingsllc.com. You may also call us at _____________________.
  2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
    • By placing an order through our site, you represent and warrant that you are legally competent to enter binding contracts and are at least 18 years old. In addition, if you are buying any Products on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Sale.
    • To purchase a Product, you must place an order on the website. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
    • After placing an order, you will receive an "Order Confirmation" e-mail from us acknowledging that we have received your order and containing details of the order made. You are required to promptly notify us of any inaccuracy or error in the terms of any Order Confirmation. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us in respect of your purchase of a product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (this constitutes the "Dispatch Confirmation"). The contract between you and us ("Contract") will only be formed when we send you the Dispatch Confirmation. This Contract incorporates these Terms of Sale and is between you and us and no other person shall have any rights to enforce any of its terms.
    • The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
    • If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
    • You may not cancel your order if it has already been accepted by the us unless we agree to cancel the order in writing.
  3. OUR PRODUCTS / DELIVERY
    • The images of the Products on our site are for illustrative purposes only and we do not warrant that the images or the descriptions of the Products on our site are accurate. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color or dimension of the Products. The Products delivered to you (and the packaging of those Products) may vary slightly from the images on our site. We may revise and discontinue any Product at any time without notice to you and this may affect items in your online shopping cart but shall not affect any orders accepted by us.
    • Products shall be shipped according to the method displayed prior to the placing of your order.
    • Any dates quoted for shipping and delivery of the Products are approximate only. Please note that timescales for delivery of the Products may vary depending on the availability of the Products and your address. The Products may be delivered in advance of the quoted delivery date. Time for delivery shall not be of the essence.
    • Where the Products are to be delivered in installments, each delivery shall constitute a separate Contract and failure by us to deliver any one or more of the installments in accordance with these Terms of Sale or any claim by you in respect of any one or more installments shall not entitle you to treat any other Contract as cancelled.
    • If the Products delivered to you do not conform to your order, you must notify us in writing within two calendar days of the date of their delivery. If you fail to provide timely notice, you waive your right to assert a claim with respect to the order.
    • Risk of damage to, or loss of, the Products shall remain with us until they have been delivered to you.

 

  1. PRICE AND PAYMENT
    • Except as described in section 3 below in relation to pricing errors, the price of the Products shall be the quoted price on our site and displayed prior to the placing of your order, The quoted price of a Product is in addition to the cost of shipping and sales tax. This information shall also be quoted on the Dispatch Confirmation accepting your order.
    • The prices on our site are subject to change at any time. Price changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
    • It is possible that some of the Products listed on our site may be incorrectly priced. We are not responsible for pricing or other errors in any of our offers. We will normally verify prices as part of our dispatch procedures so that, if we notice that a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. However, we are under no obligation to provide the Products to you at any incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing. If a Product's correct price is higher than the price quoted to you, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. If you have already paid for any rejected order, we will refund you the full amount as soon as possible.
    • Payment for all Products must be in United States Dollars and made by credit card through our site. Your credit card will be charged upon dispatch of the Products.
  2. ALL SALES FINAL; NO WARRANTIES; OUR LIABILITY
    • THE PRODUCTS ARE PROVIDED "AS IS", WITH ALL FAULTS, AND WITHOUT ANY GUARANTEES OR WARRANTIES. ALL SALES ARE FINAL. YOU SHALL HAVE NO RIGHT TO REJECT OR RETURN THE PRODUCTS.

 

  • ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED BY LAW, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE). WE ARE NOT BE RESPONSIBLE FOR ENSURING THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES WILL NOT BE LIABLE FOR ANY LOSSES ARISING FROM ANY DELAY IN DELIVERY OF THE PRODUCTS HOWSOEVER CAUSED. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

 

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU (INCLUDING, WITHOUT LIMITATION, BY REASON OF ANY REPRESENTATION, OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES (WHETHER FOR LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY, GOODWILL OR OTHERWISE), EVEN IF REASONABLY FORESEEABLE BY US OR CAUSED BY OUR NEGLIGENCE, OUR EMPLOYEES OR AGENTS OR OTHERWISE, WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE PRODUCTS OR THEIR USE OR RESALE BY YOU OR ANY OTHER PERSON, 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.

 

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES OR EXPENSES ARISING UNDER THESE TERMS OF SALE OR ANY CONTRACT OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PRODUCT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO THE AMOUNTS YOU PAID US WITH RESPECT TO THE APPLICABLE CONTRACT OR PRODUCT GIVING RISE TO THE CLAIM.

 

  1. EVENTS OUTSIDE OUR CONTROL
    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 6.2.
    • An "Event Outside Our Control" means any act or event beyond our reasonable control, including, but not limited to, acts, restrictions, regulations, seizures, prohibitions or measures of any kind on the part of any governmental or local authority; explosion, fire, storm, flood, earthquake, epidemic or other natural disaster; war (whether declared or not) or threat or preparation for war; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack; insurrection, international sanctions or boycotts; import or export regulations or embargoes; the unavailability or shortages of products, raw materials, labor or packaging; power failure or breakdown in machinery, strikes, lock-outs or other industrial action by third parties; failure of telecommunications networks; or unavailability of railways, shipping, aircraft, motor transport or other means of transport.
    • If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  2. WRITTEN COMMUNICATIONS / COMPLAINTS
    • Applicable laws require that some of the information or communications we send to you be in writing. When using our site, you accept that communication with us will be mainly electronic, as described in our Privacy Policy. We will contact you by e-mail or provide you with information by posting notices on our website. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
    • If you have any questions or complaints about your order, please contact our customer services team using the contact details set out in section 1. We will confirm receipt of this by contacting you in writing and will endeavor to respond to your question or complaint without undue delay.
  3. ARBITRATION
    • PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION.
    • All disputes, claims or controversies arising out of or relating to these Terms, our Site or the relationship between you and us (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement.
    • Either party may have a Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect. The AAA Rules are available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. Arbitration of any claim not exceeding $10,000 will be conducted solely based on documents you and we submit to the arbitrator. The arbitrator shall make a decision in writing and provide a statement of reasons if requested by either party. The award of an arbitrator may be enforced in any court of competent jurisdiction

 

  • YOU AND WE AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Unless you and we otherwise agree, arbitration will take place in the DuPage County, Illinois.

 

  1. OTHER TERMS
    • These Terms of Sale and any Contracts for the purchase of Products through our site will be governed by, and construed in accordance with, the laws of the state of Illinois, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to any Contract or the parties' relationship.
    • If any provision of a Contract are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be deemed not to form part of these Terms of Sale or Contract, and the validity and enforceability of the remaining terms, conditions and provisions will continue unaffected.
    • These Terms of Sale represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing, relating to such subject matter. We recommend that you read them carefully to protect your own interests.
    • You acknowledge that in entering into a Contract you have not relied on any representation, undertaking, warranty or promise from us or implied from anything we said or wrote to you except as expressly stated in these Terms of Sale. Our employees and agents are not authorized to make any representation or warranty with respect to the Products.
    • We have the right to change these Terms of Sale at any time. You will be bound by the policies and Terms of Sale in effect at the time that you order Products from us.
  2. NOTICE TO CALIFORNIA RESIDENTS
    • If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite S-202, Sacramento, a 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our site or to receive further information regarding use of our site.

IF YOU DO NOT AGREE TO THESE TERMS OF SALE, YOU MAY NOT ORDER OUR PRODUCTS

Questions about the Terms of Service should be sent to us at support@feholdingsllc.com.