TERMS OF SALE
Last updated January 23, 2023
These Terms of Sale (“Terms of Sale”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Storyteller Overland LLC (“Storyteller”, “we”, or “our”) concerning your use of the website https://www.storytelleroverland.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) to order goods from Storyteller, which includes but is not limited to Shopify.
1. Terms and Conditions Apply. All orders for goods, such as apparel, accessories, and any other items, placed using the Site and accepted by Storyteller are subject to these Terms of Sale. By placing an order with Storyteller using the Site, you accept and agree to be bound by these Terms of Sale.
4. Order Placement. Payment for an order of goods is processed by our third-party payment processor. You agree that an order for goods is an offer to buy subject to these Terms of Sale and is not final until accepted by Storyteller. We have accepted the order when we send you an email confirming the terms of the order (the confirmed order is referred to herein as an “Order,” and the confirming email is referred to herein as the “Order Confirmation Email”).
5. Pricing. All prices posted on the Site are subject to change without notice. The price charged for goods will be the price in effect at the time the Order is confirmed by us, and that price will be stated in your Order Confirmation Email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and shipping and handling charges will be added to your Order total and will be itemized in your shopping cart before you submit your request for goods.
6. Payment. You must prepay for all Orders. We will not ship any Orders for items until the third-party payment processor has received and confirmed your payment. Payment for an Order may be made by debit or credit card, as well as through Google Pay or Shop Pay, and will be handled by our third-party payment processors. You represent and warrant to us that (i) any credit card or other payment information you supply to us is true, correct, and complete, (ii) that you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred at the posted prices, including all applicable taxes, shipping, and handling. By placing an Order on the Site, you acknowledge and agree that we have the right, but not the obligation, to verify billing and shipping addresses in order to protect against identity theft and provide our customers with a safe shopping environment. During this verification process, we may contact you and/or your payment provider to verify billing and/or shipping information. In the event fraud is detected, we reserve the right to cancel your Order and inform local law enforcement.
7. Delivery/Risk of Loss or Delay.
a. Shipping Method. By placing an Order you agree to pay all shipping and handling charges and fees specified during the ordering process.
b. Estimated Delivery Dates. We may provide you a projected delivery date at the time you place your Order for goods. Storyteller is not liable for delays in shipments.
c. Risk of Loss. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall occur at the moment you submit your Order request. Title and risk of loss pass to you upon our transfer of the item(s) to the carrier.
8. Returns of Goods, Exchanges, and Refunds. All purchases of goods using the Site are subject to the following return policy (the “Return Policy”):
a. Time Limit. Within thirty (30) days of receiving your Order Confirmation Email, you may return the item(s) you purchased in exchange for your choice of store credit, a full refund to the original payment method, or a different item.
b. Store Credit or Refund Amount. The store credit or refund amount will be the total amount for the applicable item(s) stated in your Order Confirmation Email including any shipping, handling charges, taxes, or other fees attributable to the applicable item(s).
c. Exchanges. If you choose to exchange the item, we will credit the amount paid towards the replacement item you select. We will refund any amount you have paid in excess of the cost of the replacement item, but you will be responsible for any additional amount owed.
d. Process. To initiate a return or exchange, reply to your Order Confirmation Email stating (i) which item(s) you would like to return or exchange, (ii) your reason for requesting a return or exchange, and (iii) whether you would like store credit, a refund, or to exchange the item. We will process your request and provide you with shipping instructions. Ship the item(s) back to us at the address we provide to you. We will issue the store credit or refund, or ship the replacement item, within seven (7) business days after we receive the returned item.
e. Shipping Costs. You are responsible for all shipping, handling charges, and other fees associated with the return or exchange of an item.
f. Exceptions. The Return Policy is subject to the following exceptions: (i) Discounted items or items purchased using a coupon code are final and cannot be returned or exchanged; and (ii) Except for items that arrived to you damaged, returned items must have no visible signs of wear or use.
g. Item Damaged or Not As Described. Returns or exchanges for damaged items or items not as described in the listing for the item are subject to the thirty (30) day time limit specified in Section 8.a. In the event you receive a damaged item or an item that is not as described in the listing for the item, you must notify Storyteller of the damage or error within seven (7) days of receiving the item and provide a photograph of the damaged or incorrect item. We may require additional information as necessary. You may request store credit, a refund, or a replacement item. We will process your request and, after confirming that the item is damaged or not as described, we will email you a prepaid return shipping label. Send the item back to us using the label provided. We will issue store credit or a refund, or ship the replacement item, within seven (7) business days after we receive the damaged or not-as-described item.
9. Modification or Cancellation of Orders. After placing an Order on the Site and prior to notification of shipment by Storyteller, you may modify or cancel your order free of charge. If you wish to modify or cancel your Order, promptly reply to the Order Confirmation Email and inform us which item(s) you wish to modify or cancel.
10. Out of Stock Items and Backorders. Some of our goods may become out of stock or placed on backorder. We will make reasonable efforts to update the listing of the item to indicate if an item is not in stock or on backorder. In the event you place an Order for an item that is out of stock or on backorder, we will make reasonable efforts to notify you and provide you with the option to either wait or cancel your Order. If we cancel your Order, we will issue you a full refund. We are not liable for Orders placed for out-of-stock or backordered items.
11. Disclaimer of Warranties. Storyteller makes no warranties with respect to the goods. If you were shown any sample(s) of the goods during the purchasing process, the sample was used merely to illustrate the general type and quality of the goods and not as a representation or guarantee that the goods would necessarily conform to the sample. THE GOODS SOLD TO YOU ARE PURCHASED BY YOU “AS IS”. THE WARRANTY IN THIS SECTION 11 IS IN LIEU OF, AND STORYTELLER DISCLAIMS, ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO ALL GOODS.
Limitation of Liability.
a. Excluded Damages. STORYTELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, DIRECT OR INDIRECT, BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, ANY OTHER LEGAL THEORY. SUCH EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF THE GOODS, OR ANY ASSOCIATED OR PACKAGED PRODUCTS, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, COSTS DUE TO DELAYS, THIRD PARTY CONSEQUENTIAL DAMAGES, AND INJURY TO PROPERTY.
b. Limited Damages. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, STORYTELLER’S MAXIMUM LIABILITY FOR ANY CLAIM OR SERIES OF RELATED CLAIMS IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID (EXCLUDING ANY TAXES, SHIPPING AND HANDLING OR OTHER FEES BEYOND THE COST OF THE PRODUCT) TO STORYTELLER FOR THE AFFECTED GOODS.
c. Exceptions. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
13. Limitation on Actions. You may not bring any action arising out of any transaction with Storyteller more than one year after the cause of action accrues.
15. Force Majeure. We will not be responsible for failing to perform due to causes beyond our reasonable control, including but not limited to, failures by our suppliers, third-party servicers, or subcontractors, war, sabotage, riots, civil disobedience, epidemic/pandemic, quarantine restrictions, acts of governments and government agencies, transportation issues (both during the supply to Storyteller and with the delivery to you), production problems, shortage or lack of raw materials labor disputes, accidents, fires, acts of terrorism, or natural disasters. If a force majeure situation lasts longer than sixty (60) days, either party may terminate the Order by providing written notice to the other, provided that you will still be responsible for any non-refundable costs incurred or to be incurred by the Storyteller in connection with the relevant Order.
16. Intellectual Property. You acknowledge and agree that Storyteller is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on the Site and sold to you, and that the Storyteller is the owner of all intellectual property rights in and to any related specifications, including, but not limited to, all patents, copyrights, trademarks and other intellectual property rights related thereto.
17. Right of Inspection. Your right of inspection of purchases of products made available or accessed through the Site are governed by these Terms of Sale. If there are any problems with your Order, including damage, price discrepancies, or shortage, these problems are governed by these Terms of Sale.
18. Sizes. All size references are approximations, and, depending upon the product ordered, actual sizes may vary. If you have an issue with the size of an item of apparel that you receive from us, please follow the Return Policy set forth in Section 8.
19. Internal Dispute Resolution. By placing an Order on the Site, you agree to first contact the Storyteller prior to seeking external adjudication of any complaints or disputes. If you have any complaint or dispute regarding your Order, please reply to the Order Confirmation Email. We will make reasonable, good faith efforts to resolve any complaints or disputes.
Applicable Law, Exclusive Jurisdiction, Venue, Waiver of Jury Trial.
b. Exclusive Jurisdiction and Venue. Any Claim brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Jefferson County, Alabama, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Sale.
c. Waiver of Jury Trial. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SALE.
22. Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 22 is null and void. No assignment or delegation relieves you or any of your obligations under these Terms of Sale.
23. No Waivers. No waiver by Storyteller of any term or condition set out in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Storyteller to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.
24. Severability. If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Sale will continue in full force and effect.
25. No Third Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
26. Changes. We reserve the right to change these Terms of Sale at any time. Any changes to these Terms of Sale will be posted on the Site. You should always review these Terms of Sale before making any purchase on the Site. Your purchase from Storyteller after a posted change constitutes your acceptance of and agreement to such changes.
a. To You. We may provide any notice to you under these Terms of Sale by either (a) sending an email message to the email address you provided when placing your Order, or (b) by posting on the Site notices that are related to Storyteller’s operations and not specific to your Order. It is your responsibility to ensure we have a current email address on file for you.
b. To Us. To give us notice under these Terms of Sale, you must contact us in via email, sent to email@example.com.
28. Headings. The headings in these Terms of Sale are for reference only and shall not effect the interpretation of these Terms of Sale.