Esport Supply Terms and Conditions
These Esport Supply Terms and Conditions (“Terms”) govern the sale of our products, our services, and your use of the website located at email@example.com (the “Site”), and any related services provided by Esport Supply, LLC (“Esport Supply”, “we”, or “us”).
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
By accessing the Site, completing a purchase, or otherwise agreeing to these Terms, you agree to abide by these Terms and to comply with all applicable laws and regulations. If you do not agree with these Terms, you are prohibited from using or accessing the Site or products offered on the Site or using any other services provided by Esport Supply.
We reserve the right to review and amend any of these Terms at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms will take effect immediately from the date of publication.
These Terms are effective as of April 13, 2023.
By using the Site, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials, products, and software;
Remove any copyright or other proprietary notations from any materials, products, and software;
Transfer the materials or software to another person or “mirror” the materials or software on any other server;
Knowingly or negligently use the Site or any of its associated services in a way that abuses or disrupts our networks or any other service we provide;
Use the Site or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
Use the Site or its associated services or the products offered in violation of any applicable laws or regulations;
Use the Site in conjunction with sending unauthorized advertising or spam;
Harvest, collect, or gather user data without the user’s consent;
Purchase any products or services from the Site for resale or export and that all purchases are intended for final delivery to locations within the United States; or
Use the Site or its associated services or the products offered in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials contained in the Site are owned by or licensed to Esport Supply and are protected by applicable copyright and trademark law. Further, the software included with the product is protected by copyright law and/or international treaty provisions. Rights relating to a particular software program are listed in the license agreement document provided by the owner(s) of the software that is included with the product. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms, and may be terminated by Esport Supply at any time.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We reserve the right to substitute or change materials, parts, product specifications or functional attributes at any time without notice. Also, we reserve the right to ship product in multiple boxes and/or shipments.
Title to products passes from Esport Supply to you upon shipment from our facility. As set out above, title to software remains with the applicable licensor(s).
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. However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty. 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.
In no event shall Esport Supply or its suppliers be liable for any indirect, special, incidental, or consequential loss including but not limited to personal injury, property damage, damage to or loss of equipment, lost profits, or revenue, loss of goodwill, loss of opportunity, cost of replacement, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise and additional expenses suffered or incurred by you or any third party arising from the use or inability to use our products, software, the Site or the materials on the Site, Esport Supply’s performance or failure to perform under these Terms or from the furnishing, performance or use of any goods or service sold even if Esport Supply or an authorized representative has been notified, orally or in writing, of the possibility of such damage. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF (A) THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE OR (B) TWENTY-FIVE DOLLARS ($25). Note that because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, some of the above limitations in such instance may not apply to you.
Esport Supply gladly accepts American Express Card, Discover Card, MasterCard, VISA, Debit cards, Apple Pay, Amazon Pay, Google Pay, and PayPal Payments. We do not add any surcharges to your credit card. Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide Esport Supply with an appropriate tax exemption certificate.
Unless otherwise agreed in writing between you and an authorized representative of Esport Supply, all products, and materials purchased through us are “final sale” and cannot be returned. Any requests for returns will be processed by Esport Supply in its sole discretion, except with respect to a product that is damaged in shipping, defective (including dead on arrival), or that is not the product you ordered, in which case your sole remedy is to request a return. In the event that the manufacturer of a product is willing to accept a return of any products then we may cooperate with you in connection with such manufacturer’s process in our sole discretion.
For damaged, defective or wrong order items, please request a return of the product within five (5) days of the receipt of your product. Please email us for specific instructions at firstname.lastname@example.org. In order for the return to be processed, you will need to obtain a returned material authorization (RMA) number from Esport Supply. Returns cannot be processed without an RMA number. Please email us at email@example.com with the following information in hand to obtain an RMA number:
Client Account Number;
Invoice Number, and Serial Number;
Information on the nature of the issue, and whether the manufacturer’s seal has been broken.
Once the RMA number is issued, it will be valid for fifteen (15) business days only. Any product authorized for return must be received within such time period at the facility identified on your RMA instructions. RMA numbers cannot be extended or reissued. Please clearly mark each address label of each package being returned with the RMA number on the outside of your packaging for the return. DO NOT WRITE ON THE MANUFACTURER’S BOX. Esport Supply strongly recommends using a reputable shipping carrier capable of providing proof of delivery, as well as proper packing and fully insuring return shipments.
All returns MUST be 100% complete and contain: original boxes and packing material; original UPC codes on the manufacturer’s or publisher’s boxes; all blank warranty cards, all product codes and any included products (unused), accessories, and documentation provided by the manufacturer or publisher. Incomplete returns may be returned to the sender or subject to a minimum 20% restocking fee at Esport Supply’s sole discretion. If you received a discount or free item by purchasing multiple items together, you will lose that benefit if you do not return all items purchased. Notwithstanding any other provision herein, in no event will any returns be initiated or accepted more than thirty (30) days after your receipt of the products.
Your request to Esport Supply to replace your purchased products or request to remedy defects you are subject to your timely notification to Esport Supply through customer service and communication in detail about the nature of defect.
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. The materials appearing on our Site are not comprehensive and are for general information purposes only. Esport Supply does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site, or otherwise relating to such materials or on any resources linked to the Site.
Esport Supply has not reviewed all of the third-party sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Esport Supply of the site. Use of any such linked site is at your own risk and we strongly advise you to make your own investigations with respect to the suitability of those sites.
Esport Supply shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault of Esport Supply. Quantities are subject to availability. In the event of production difficulties or product shortages, Esport Supply may allocate sales and deliveries at its sole discretion.
We may suspend or terminate your right to use our Site and terminate these Terms with respect to you immediately upon written notice to you for any breach of these Terms.
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms is not affected.
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Kansas.
Dispute Resolutions Provisions for Binding Arbitration:
YOU AND ESPORT SUPPLY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ESPORT SUPPLY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
You may elect to opt-out of this arbitration provision by emailing us at firstname.lastname@example.org within thirty (30) days after you make your first purchase through the Site and indicating that you wish to opt-out of the arbitration provisions set forth herein.
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 Section 21 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
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 Esport Supply.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.