Terms Of Sale

This Terms of Sale Agreement (this “Agreement”) constitutes a binding legal contract between you and Brute Gear, LLC, (dba “BrutusWear”), the owner and operator of the Brutus-Wear.com website (the “Site”). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted. This Agreement is intended to supplement the Website Terms of Use. BrutusWear takes the issue of privacy on the Internet very seriously. To view Your Privacy Rights, go to http://brutus-wear.com/privacy-policy.


Orders; Sales Tax

You may place your order on our Site. If items are purchased from the Site that are subject to sales tax, BrutusWear will make customers aware of the tax amount due at the point of purchase.


Display

We have made every effort to display the items featured on this Site as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color or detail.


Payments and Disputed Payments

BrutusWear does not accept checks, drafts, or money orders for orders submitted through the Site. We only accept major credit cards and debit cards. Upon placing an order, we will send you an email confirming receipt of that order, indicating that we are processing the order. You will bear all costs associated with a disputed credit card charge which results in action from BrutusWear’s merchant account provider, otherwise known as “chargebacks”.


Pricing; Shipping; Pricing Errors; Other Errors

Prices offered on the Site are quoted in U.S. Dollars. Such prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.


Safe Shopping & Security

Go to http://www.brutus-wear.com/privacy-policy to view Your Privacy Rights which describes our security procedures. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges on your credit card. If you bank does hold you liable for up to $50 for purchases made fraudulently at the Site, BrutusWear will reimburse you the full amount charged by your bank, but only if the unauthorized use of your credit card resulted through no fault of your own for purchases made at the Site. Check with your bank for more information about its policies regarding fraudulent charges. In the event of unauthorized use of your credit card, you may have to notify your bank or credit card provider or otherwise fulfill certain conditions of your agreement with them.


Order Status

Once you place an order, BrutusWear will send you a personalized email within one business day and provide you with an order confirmation number. When your order is shipped, BrutusWear will send you a shipment confirmation email with the shipping carrier tracking number, if available.  By placing an order with BrutusWear, you consent to receive email from BrutusWear regarding your order. You can always contact us by phone at (815) 377-0042 or via email at HitUSup@brutus-wear.com, if you have any questions concerning your order.


Disclaimer of Warranties

YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF BRUTUSWEAR. YOU ACKNOWLEDGE BY YOUR USE OF BRUTUSWEAR’S PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH BRUTUSWEAR’S PRODUCTS. BRUTUSWEAR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.


Waiver and Limitation of Liability

BRUTUSWEAR HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT BRUTUSWEAR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301. Follow all instructions and heed all warnings accompanying any products associated with the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. All tools used for construction of craft products must be used carefully and with adult supervision. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST BRUTUSWEAR ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.


Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS BRUTUSWEAR FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.


Governing Law and Venue

This Agreement, the entire relationship between you and BrutusWear, and any litigation or other legal proceeding between you and BrutusWear shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to its choice of law rules. This contract is fully performable in Maricopa County, Arizona.


Waiver

Waiver of any terms of this Agreement shall not be valid unless it is in writing and signed by the party to be charged.  The failure of either party to enforce the provisions of this Agreement shall not be construed as a waiver of such provision or breach thereof.

 

Effective 5/12