ADK Outdoors – Updated Terms and Conditions
ADK Outdoors (“ADK Outdoors” or “Seller”) works to make each item stand out. Seller produces items custom manufactured from scratch to meet your specific design needs. By agreeing to this order, the buyer consents to the Terms and Conditions. Furthermore they agree that such Terms and Conditions govern the transaction between Buyer and ADK Outdoors:
1. Acknowledgments, Authorization and Payment
Buyer has reviewed the order to confirm the correct items and prices. Buyer acknowledges that the image shown is not necessarily to scale. By indicating acceptance of the Work Order and making payment via ADK Outdoors online ordering tool, Buyer authorizes ADK Outdoors to begin production on the Order and to charge Buyer’s credit card in the amount reflected on the Order. ADK Outdoors is not responsible for errors in the final product.
2. Shipping and Manufacturing Policy
Because Seller’s products are custom-made, all orders will go through the manufacturing process. Exceptions in which cases the Buyer has purchased a third party product not manufactured by the Seller. In which case the Buyer has purchased an item manufactured by the Seller, the Buyer understands that there is a 2-14 day manufacturing time for all orders. Also, the Seller maintains the right to refuse any order due to work load if the Seller believes they cannot fulfill the order in a timely manner. Buyer will be issued a full refund within 3 days of the purchase. Also the Buyer understands that refund processing times are subject to varied delays based on the Buyers bank or payment processing method.
3. Returns and Refund Policy
Because Seller’s products are custom-made, Seller does not accept returns, and no refunds are available.
4. Material and Colors
Seller strives to accurately depict all colors on its website and in its Orders; however, colors displayed on Seller’s website and in Orders are strictly representative. Accordingly, ADK Outdoors does not guarantee that what you see online will match the color of the actual product delivered. Even finished products can have minimal color variations within a production run, or in subsequent manufacture. Buyer acknowledges that actual colors may vary from colors shown on your display monitor, and even within an order or in supplemental orders. There are no returns due to color variances.
5. Design Policy
Seller reserves the right to refuse Buyer design requests for any reason, including but not limited to material Seller deems unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property. Seller is currently not accepting any requests for special, cause-related products as seller evaluates that part of our business.
6. Representations and Warranties
Buyer represents and warrants that it has the necessary rights and permissions to use and exploit any submitted payment methods
Buyer agrees to defend, indemnify and hold harmless Seller from and against any and all claims, damages, costs and expenses (including, but not limited to, attorney’s fees, expenses and court costs), arising from or relating to (i) Buyer’s use of Seller’s products and services, (ii) breach by Buyer of these Terms and Conditions, and (iii) Buyer’s violation of any rights of any third party. Seller has the right to select defense counsel and to direct the defense or settlement of any such claim or suit.
8. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE PRODUCTS SOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
9. LIMITATION OF REMEDIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, WILL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, AND NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
10. Governing Law and Jurisdiction
Terms and Conditions and transactions between Buyer and Seller are governed and construed in all respects by the laws of the State of New York, without regard to principles of conflict of laws. Buyer Explicitly consents to the exclusive jurisdiction of the courts of Essex County, New York, and the United States District Court for any dispute, action or proceeding arising out of or related to these Terms and Conditions or the transaction hereunder between Buyer and Seller.
11. Force Majeure
Seller is excused for failure to perform its obligations under this agreement if it is prevented or delayed in performing those obligations following an event of force majeure. An event of force majeure means any event or circumstance, regardless of whether it was foreseeable, that was not caused by Seller and prevents Seller from complying with any of its obligations under this agreement. For example, such event of force majeure includes, but is not limited to, acts of God, fires, floods, hurricane, explosions. Also could include riots, wars, acts of terrorism, acts of any governmental authority, strikes and other labor difficulties. Furthermore could also include other events or circumstances beyond the reasonable control of Seller.
12. User Content
If Buyer or Representative(s) provides photos and/or testimonials to Seller: Buyer authorizes Seller to use photos and testimonials in the marketing of Seller’s goods and services. Buyer represents and warrants that any content submitted to Seller is explicitly original to it. Furthermore that Buyer owns all applicable legal rights in such content. Furthermore that content does not infringe upon the rights of any persons or entity, including individuals depicted within the content. Buyer certifies that individuals depicted in content submitted to Seller has given permission to use their likeness in the marketing of Seller’s goods and services. Buyer has the authority to attest to this release on his or her behalf.