Terms of Sale
1. PRODUCTS AND PRICING
(a) All products or services listed on the Bombsheller Site are subject to change, as is product information, pricing, and availability. Bombsheller reserves the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice. You agree that Bombsheller will not be liable to you or any third party for any modification, suspension, or discontinuance of any product. In the event a product is listed at an incorrect price or incorrect information, we shall have the right, prior to acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed or payment has been made. If you have already made payment for your order, we may, at our discretion, issue store credit to you in the amount for the charge.
2. ORDER AND ACCEPTANCE
(a) Each part of an order you submit to Bombsheller constitutes an offer to purchase merchandise. If you place an order through the Bombsheller Site, after we receive your order, you will receive an email from us confirming receipt of your order. If you do not receive an email, contact us before you try to place another order for the same merchandise.
(b) Bombsheller is not deemed to have accepted your order (or any part of your order) until the requested merchandise is shipped and we send a shipment confirmation email.
(c) If Bombsheller rejects your order because of an error in pricing or other information about the merchandise, Bombsheller will notify you at the email address you provide. If we send you merchandise different from the description on the Bombsheller Site at the time you place your order, you can return or exchange it only in accordance with our Return and Exchanges Procedures.
(d) Bombsheller reserves the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order.e) Notwithstanding the foregoing, you agree that if Bombsheller cancels all or part of your order, your sole and exclusive remedy is that we issue store credit for future purchases.
3. PAYMENT TERMS
(a) For each product you order on the Bombsheller Site, you agree to pay the price applicable for the product as of the time you submitted your order (“Product Price”), the shipping costs for the delivery service you select (“Shipping Costs”), and any applicable Taxes (which may vary from state to state). Bombsheller will automatically charge your credit card or PayPal™ account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for the payment of all taxes, fees, duties, and other government related penalties and interests, arising from the sale of the product. All payments are non-refundable, except as expressly set forth in this Agreement.
(b) Bombsheller reserves the right to charge a late fee on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall reimburse Bombsheller for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Bombsheller shall be entitled to suspend the delivery of any product if you fail to pay any amounts when due and such failure continues for seven business days following written notice thereof.
(c) You can make changes or cancel your order at any time before your order has been processed. If your order has already been processed, you may only return or exchange it in accordance with our Returns & Exchange Procedures.
(a) Bombsheller will deliver your product(s) within a reasonable time after the receipt of your purchase order, subject to availability of finished products. We shall not be liable for any delays, loss, or damage in transit.
(b) We may, in our sole discretion, without liability or penalty, make partial shipments of our products to you. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of your purchase order.
(c) If for any reason you fail to accept delivery of any of the products on the date fixed pursuant to notice that the product(s) have been delivered at the Delivery Point, or if we are unable to deliver the product(s) at the Delivery Point on such date because you have not provided appropriate instructions, documents, licenses or authorizations: (i) risk of loss to the product(s) shall pass to you; (ii) the product(s) shall be deemed to have been delivered; and (iii) we, at our option, may store the product(s) until you pick them up, and you shall be liable for all related costs and expenses including, without limitation, storage and insurance.
(a) The quantity of any installment of product(s) as recorded on dispatch from Bombsheller’s place of business is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
(b) We shall not be liable for any non-delivery of product(s) (even if caused by Bombsheller’s negligence) unless you give written notice of the non-delivery within seven business days of the date when the product(s) would in the ordinary course of events have been received.
(c) Any liability of Bombsheller for non-delivery of the product(s) shall be limited to replacing the product(s) within a reasonable time or adjusting the invoice respecting such product(s) to reflect the actual quantity delivered.
6. SHIPPING TERMS. Delivery shall be made FOB Bombsheller’s facility.
7. AMENDMENT AND MODIFICATION. These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.
8. RETURNS AND EXCHANGES
(a) Bombsheller will accept returns only in accordance with the Return Procedures below.
(b) Exchanges. We accept exchanges only for Radioactive Designs. If you timely notify Bombsheller of any defects or damages to your Radioactive Design, we will allow you to exchange your Radioactive Design. We do not accept exchanges for any other products.
(c) Damaged Products. If a product arrives damaged (“Damaged Product”), Bombsheller will accept returns for a full refund only in accordance with the Return Procedures set forth below, provided that Bombsheller confirms that your product was a Damaged Product and was returned in accordance with our Return Procedures. Your sole and exclusive remedy is that we provide you with store credit for future purchases, or, if you have not yet made a payment we will not charge your credit card or PayPal™ account for the Damaged Product.
(d) Return Procedures. All returns must be made within fourteen days after the Product shipment date. If you believe your product is damaged, you have 14 days to request a Return Merchandise Authorization from the date of your order. To request a Return Merchandise Authorization, you must send us an email at email@example.com describing why you believe your product is damaged and providing Bombsheller any supporting evidence or documentation. You are responsible for any and all Shipping Costs and handling expenses for returns or exchanges and you will ship, at your own expense or risk of loss. All returned products must be unused.
(e) You acknowledge and agree that the remedies set forth in our Returns and Exchanges section are your exclusive remedies for the delivery of nonconforming products. Except as provided in this section, all sales of product(s) to you are made on a one-way basis and you have no right to return any products purchased under this Agreement to Bombsheller.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BOMBSHELLER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BOMBSHELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOMBSHELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
BOMBSHELLER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE AND BOMBSHELLER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF A SUPPLIER PROVIDES AN EXPRESS WARRANTY, THAT WARRANTY IS BETWEEN YOU AND THE SUPPLIER AND NOT BOMBSHELLER. NOTWITHSTANDING THE FOREGOING, IF A SUPPLIER OF A PRODUCT PROVIDES A WARRANTY FOR THE PRODUCT AND ALLOWS US TO PASS IT THROUGH TO YOU, WE WILL PASS IT THROUGH TO YOU.
IN NO EVENT SHALL BOMBSHELLER, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING TO THE SALE OF OUR MERCHANDISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) THE TOTAL OF ALL AMOUNTS YOU PAID TO BOMBSHELLER IN THE PAST 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. COMPLIANCE WITH LAW. You shall comply with all applicable laws, regulations and ordinances. You shall comply with all export and import laws of all countries involved in the sale or resale of Bombsheller’s products. You assume all responsibility for shipments of products requiring any government import clearance. Bombsheller may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties on our products.
11. TERMINATION. In addition to any remedies that may be provided under these Terms, Bombsheller may (1) suspend your use of our Website or (2) terminate this Agreement, at anytime for any reason at our sole discretion. Bombsheller will not have any liability whatsoever to you for termination of this Agreement.
12. WAIVER. No waiver by Bombsheller any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Bombsheller. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
13. CONFIDENTIAL INFORMATION. All non-public, confidential or proprietary information of Bombsheller, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Bombsheller to you, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Bombsheller in writing. Upon Bombsheller’s request, you shall promptly return all documents and other materials received from Bombsheller. Bombsheller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Bombsheller on a non-confidential basis from a third party.
14. FORCE MAJEURE. Bombsheller shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Bombsheller 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, lock-outs, strikes or other labor disputes (whether or not relating to either party’s 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.
15. ASSIGNMENT. You shall not assign any of its rights or delegate any of your obligations under this Agreement without the prior written consent of Bombsheller. 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 this Agreement.
16. RELATIONSHIP TO THE PARTIES. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
17. NO THIRD-PARTY BENEFICIARIES. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
18. GOVERNING LAW. All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington.
19. SUBMISSION TO JURISDICTION. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Washington in each case located in the County of King, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
Updated February 28, 2014