Terms of Sale

TERMS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products and services through www.vicesusa.com (the “Site”). By placing an order for such products and services, you agree to be bound by and accept these Terms of Sale (the “Terms”). If you do not agree to these Terms, you should not obtain products or services from this Site. These Terms are subject to change by Vices USA, LLC (referred to as “Vices” “Us” or “We”) without prior written notice at any time, in our sole discretion. The latest version of the Terms will be posted on this Site, and you should review these Terms prior to purchasing any product and services that are available through this Site. These Terms are an integral part of the Site Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for goods or services through this Site.
 
Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
Prices and Payment Terms
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
 
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below:
 
Shipping Terms
 
We offer a variety of shipping options to meet your shipping needs. We use only premium carriers with various delivery options available for many items. All shipping prices are quoted in United States dollars. No C.O.D orders can be accepted. Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization or if your shipping address differs from your billing address.
 
Continental United States (48 States)
 
The cost for shipping is flat fee $7 for your entire order. Most orders are shipped the next business day after they are placed.
 
We do not ship on New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day or Christmas Day.
 
Alaska and Hawaii
 
The cost for shipping is $27.68 per order. Items going to Hawaii and Alaska usually arrive within 7 business days.
 
US Virgin Islands, Puerto Rico and Guam
 
The cost for shipping is $27.68 per order. Please allow 1-2 weeks for delivery.
 
Military Base
 
The cost for shipping is $27.68 per order. Please allow 1-2 weeks for delivery.
 
Shipping Confirmation Emails
 
We will send you a shipping confirmation email when all or part of your order is shipped that will include the tracking number. You will be sent a shipping confirmation email with a tracking number for every shipment.
 
Multiple Packages
 
If your order includes several items, they may ship separately and at different times. Our shipping confirmation emails will let you know how much of your order has shipped.
 
There may be occasional delays beyond the posted order processing time. If the delay is more than Five (5) business days, we will send you an e-mail message notifying you of the delay. If the delay will be less than Five (5) business days, we will ship the product as soon as it is received. If your product is on backorder for more than Fourteen (14) business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries every Thirty (30) business days until the order is cancelled or delivery occurs.
 
These shipping terms are accepted by you by placing an order with us.
 
‌Returns and Refunds
 
While we do not offer any warranties with respect to the products and services available through our site, we are committed to working with you to ensure that every product performs to the manufacturer’s specifications.
 
All returned products MUST be in BRAND NEW, UNWORN condition, 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items; we will match your shipping method on your replacement or exchange item(s). You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
 
If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in.
 
DEFECTIVE returns can be returned by contacting us directly at customerservice@vicesusa.com within Two (2) business days from the date of receipt for, at our discretion, credit, replacement, exchange or repair. Manufacturer restrictions do apply. Any item that is missing the UPC can ONLY be replaced with the same item.
 
NON-DEFECTIVE (Unworn, Brand New Condition) returns can be accepted directly by us within Thirty (30) days from the date of receipt for, at our discretion, credit or exchange. All NONDEFECTIVE returns are subject to a $6.95 PER PAIR restocking fee.
 
Non-Defective Clearance, Sale, or Promotional items are not available for return, exchange, or credit.
 
Questions regarding our warranty and return policies should be addressed via e-mail to customerservice@vicesusa.com with Attention: Merchandising in the subject. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site.

Gift Cards
 
Vices Gift Cards may be used to purchase merchandise from www.vicesusa.com. Gift cards have no cash value and may not be redeemed for cash unless required by applicable law. If lost or stolen, gift card cannot be replaced without the original gift card sales receipt. Replacement value will be the actual value on the card at the time it is reported lost or stolen. All orders using gift cards will be processed in US funds. Any return of products purchased through the use of a gift card will be in the form of a credit on a new gift card. Gift Cards have no expiration date. Gift cards are not for promotional use or for resale without prior written consent from Vices.
 
Manufacturer’s Warranty and Disclaimers
 
We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
 
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
 
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability
 
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
 
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
 
The limitation of liability set forth above shall only apply to the extent permitted by law.

Goods Not for Resale or Export
 
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
 
Privacy
 
We respect your privacy and are committed to protecting it. Our Privacy Policy www.vicesusa.com/privacy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
 
Force Majeure
 
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
 
Governing Law and Jurisdiction
 
This Site is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
 
‌‌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 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
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. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Vices.

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