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THESE TERMS AND CONDITIONS APPLY TO ALL SALES by Proboxinggear. The words “we” and us” and “our” refer to Proboxinggear. The words “you” and “your” refer to the buyer. YOU SHOULD REVIEW CAREFULLY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. BY KEEPING AND USING THE PRODUCT YOU AGREE THESE TERMS AND CONDITIONS are part of the agreement between you and us. IF YOU WISH NOT TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE PRODUCT with its original packaging undamaged and in condition to be resold by us; see Returns and Exchanges below.
WARNING - High Risk Activity
Products sold by us include equipment and gear for use in Boxing training and competition. Your participation in any of these activities is at your own risk. You should consult with a physician before participating in any of these high-risk activities. Read and follow specific warnings and instructions on products and in product literature or inserts. Save these documents for reference.
ASSUMPTION OF THE RISK and AGREEMENT TO INDEMNIFY
You understand and agree that Boxing training and competition are high risk activities and, to the fullest extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF US, including but not limited to equipment malfunction from whatever cause or any other fault of us. Additionally, you agree to indemnify, defend and hold us and our agents and shareholders harmless from any third party claims arising from such High Risk Activities.
AS-IS SALE - Limited Replacement Warranty
Except as stated in this paragraph, you agree that our agreement is that -
- The goods are being sold on an "AS-IS" and "with all faults" basis;
- The entire risk as to the quality and performance of the goods is with you; and
- Should the goods prove defective following their purchase, you assume the entire cost of all necessary servicing or repair.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF PROBOXING GEAR. NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
Limitation of Liability
As set forth above under the limited warranty provisions, our liability is limited to repair or replacement of the products which are returned to us prepaid in the specified period of time. In no event shall our liability exceed the price which you paid for the product. To the fullest extent permitted by law, we shall not be liable for any special or consequential damages resulting from the purchase or use of any product sold by us.
Use and misuse of products sold by us involves serious risks including injury, disability and death. You and all users and participants assume all risk of injury. We cannot and will not be responsible for the misuse or unauthorized and improper use of products we sell.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
Returns and Exchanges
New merchandise (not washed, worn, altered or soiled) and suitable for resale may be returned for exchange or a refund within 14 days of purchase. If new merchandise is returned within 15 - 60 days of purchase there is a 15% restocking charge; after 60 days, goods will not be accepted for refund or exchange. No returns are accepted on custom or clearance items. Wrap merchandise securely and return via U.P.S, R.P.S, Fed Ex, or insured parcel post. All merchandise sold as sets must be returned as sets. You will be credited by the original method of payment A check or money order for shipping and handling charges must accompany all exchanges. Merchandise returned for exchange without a check or money order to cover shipping and handling will be charged to your credit card or sent out COD with appropriate charges. Allow 2 to 4 weeks on all returns for exchange, refund or credit.
Applicable Law and Arbitration of Disputes
Your order from and all sales by us shall be governed in all respects by the laws of the State of Texas, U.S.A., without its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the International sale of goods. All sales are subject to disclaimers and limitations of liability set forth herein. YOU AGREE that jurisdiction and venue for resolution of any dispute involving a claim not exceeding $5,000.00, whether in contract or in tort, directly or indirectly arising out of or relating to a sale by us will be in the small claims division of the Superior Court of Texas, for Harris County. YOU AGREE that resolution of any such claim exceeding $5,000.00 shall be exclusively and finally by arbitration subject to the provisions of the Texas code of Civil Procedure concerning arbitration (starting at section 1280) and the rules of the American Arbitration Association applicable to the claim at the time arbitration is commenced. Such arbitration shall occur in Harris County, Texas, before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. A small claims court action or an arbitration, as the case may be, to pursue any cause of action or claim you may have with respect to the purchase or use of our products or any other claim related to the use of our website or catalog must be commenced within ONE (1) YEAR after the claim or cause of action arises. Our failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
The terms and conditions of all sales by Proboxinggear. provide for resolution by BINDING ARBITRATION in Houston of all disputes between you and Proboxinggear except disputes involving claims not exceeding $5,000.00 shall be resolved in the Small Claims Court division of the Superior Court of Texas, for Harris County.
“BINDING ARBITRATION” means you GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the agreement between you and us or arising out of the agreement, and that your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
You should know arbitration procedures are MORE LIMITED THAN COURT PROCEDURES.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.