Legal and Conditions of Use
Overview: By using the HeavyBarrelDesigns.com website you are affirming that you are over 18 years of age, have read and agree to the following Terms and Conditions and are fully knowledgeable of all local, state federal or other laws, statues and regulations applicable to the possession, use, import, sale or purchase of products you order. You agree to hold Heavy Barrel Designs blameless for any misrepresentations you make when creating an account or placing an order as well as any infractions of laws you commit as a result.
California Prop 65 Statement: “Warning: Some products we sell may contains a chemical known to the State of California to cause cancer.”
Updated June 01, 2020
1. Introduction. This website, www.HeavyBarrelDesigns.com, (the “Website”) permits users like you to purchase products, in accordance with the terms of these Terms and Conditions (the “Agreement”).
2. Legal Agreement.
(a) Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” or “your”) and Heavy Barrel Designs (“HeavyBarrelDesigns.com” "HBD" or “ we” or “our” or “us””) a South Dakota DBA (Sole Proprietor) company.
(b) The effective date of this Agreement (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as written, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately. You agree that by using the Website, such use constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. Heavy Barrel Designs and you are individually, a “party” and collectively, the “parties.”
(c) You agree that any purchase of Products from us, whether through the Website, our retail store, or otherwise, shall be governed by this Agreement.
5. Updates to this Agreement. Heavy Barrel Designs RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. Heavy Barrel Designs may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Products at any time.
6. Prohibited Uses.
(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).
(b) You shall not use the Website or Products: (i) to harass, intimidate, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, pornographic, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.
(c) You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, Heavy Barrel Designs (i) Website, including its components or contents, in whole or part, (ii) Products, or (iii) trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “ Intellectual Property”).
(d) Except as expressly stated in this Agreement, Heavy Barrel Designs does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Heavy Barrel Designs to you under this Agreement are expressly reserved to Heavy Barrel Designs.
7. Orders. You must be at least 18 years old to buy anything from Heavy Barrel Designs. Products and at least 21 years old to order restricted products. Restricted products are not marked on the Website. Some items on the Website may be illegal in your or other areas. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website.
8. Legal Disclaimers. Heavy Barrel Designs offers no legal advice regarding laws applicable to your purchase of Products. We have provided general information herein to you of federal laws that may affect your purchase. It is your responsibility, as the buyer, and not Heavy Barrel Designs, as the seller, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
9. Change and Cancellation Policy. If you order the wrong Products, you may change your order up until the time the order is shipped. Once an order has been shipped, if you wish to change an item you must follow the guidelines in the Returns and Exchanges section below. If you would like to cancel your order you may do so up until the time the order has shipped. Once an order has been shipped you must follow the guidelines in the Returns and Exchanges section below. You can contact us about a change or cancellation at the email or telephone number listed in the “contact us” section of the Website. If you choose to send an email you must use “order change” or “order cancellation” in your email subject line to make sure the email is directed to the correct department to improve the chance that the change or cancellation can be implemented before the order ships.
Heavy Barrel Designs reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer's order. If the order is cancelled and charges to the credit card used will be voided or refunded.
11. Shipping - International Orders. International purchasers assume all risk of loss, theft, customs seizures, clearance, duties, levies, fees, taxes, storage charges, broker fees, and the like associated with international shipments (the foregoing collectively, “International Shipping Events”), and you agree that Heavy Barrel Designs shall not be held liable for any International Shipping Events.
13. Indemnification. You shall defend, indemnify, and hold harmless Heavy Barrel Designs and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
14. Disclaimer of Warranties.,
(a) EXCEPT AS EXPRESSLY STATED HEREIN, Heavy Barrel Designs: (A) PROVIDES ACCESS TO THE WEBSITE AND THE PRODUCTS ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE PRODUCTS, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND THE PRODUCTS. EXCEPT AS EXPRESSLY STATED HEREIN, BRASS KNUCKLES COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ANY THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, WEBSITE DOWNTIME, OUTAGES, WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation, and stock discrepancies) are inevitable. Heavy Barrel Designs is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, Heavy Barrel Designs will not be held liable for the misuse of any Product purchased from us or any of our distributors and dealers.
20. Limitations of Liability.
(a) Heavy Barrel Designs SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Heavy Barrel Designs TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Heavy Barrel Designs UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
21. Compliance with Applicable Law. Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed below in our case, and to the address you listed at time of last purchase in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.
Heavy Barrel Designs
15045 Elk Creek Road
22. Independent Parties. Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between Heavy Barrel Designs and you.
26. Assignment. You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Heavy Barrel Designs