SITE TERMS
TERMS & CONDITIONS This website is owned and operated by Whiplash. These terms and conditions (“Terms”) set forth the way in which you may use this website. This website offers visitors information about the band, Whiplash, and services to purchase band merchandise. By accessing or using this website, you approve that you have read, understood, and agree to be bound by these Terms.
USING THIS WEBSITE In order to use this website, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website if doing so is prohibited in your country or under any law or regulation applicable to you.
PURCHASE AGREEMENT When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. Fees for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method.
RETURNS, EXCHANGES & REFUNDS We want you to be satisfied with your merchandise. For any unworn, undamaged product you wish to return for exchange or refund, first email us at merch@officialwhiplash.com within 14 days of the date you received the product, stating the reason for return and your Order#. You will be responsible for return shipment of the product to us, and we will pay to ship the replaced product to you. If we are unable to replace the product, you will be entitled to a full refund of the original charges. If you return a product you received as damaged and do not want a replacement, we will refund the charges associated with the original purchase. Returned items can be shipped to: Whiplash, 203 East Main Street, Unit 371, Jamestown, NC 27282, USA
RETENTION OF RIGHT TO CHANGE OFFERING We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
INTELLECTUAL PROPERTY, COPYRIGHTS & LOGOS This website and all materials herein or transferred hereby, including, without limitation, merchandise, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related hereto, are the exclusive property of Whiplash, except where explicitly noted or portrayed. Nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
RIGHT TO SUSPEND OR CANCEL USER ACCESS We may permanently or temporarily terminate or suspend your access to the website and its services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your access to any services at any time.
INDEMNIFICATION You agree to indemnify and hold Whiplash harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Whiplash by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
LIMITATION OF LIABILITY To the maximum extent permitted by applicable law, in no event shall Whiplash be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, Whiplash assumes no liability or responsibility for any: errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and any unauthorized access to or use of any secure servers associated with our website or third-party service providers, and/or any and all personal information stored therein.
RIGHT TO CHANGE & MODIFY TERMS We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review these Terms periodically. When we change the Terms in a material manner, we will post notice that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the services.
PREFERENCE OF LAW & DISPUTE RESOLUTION These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America / State of North Carolina, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Jamestown, Guilford County, North Carolina. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
CUSTOMER SUPPORT & CONTACT INFO For customer support regarding merchandise services, email: merch@officialwhiplash.com To correspond about the website, email: info@officialwhiplash.com To contact us by mail, send to: Whiplash, 203 East Main Street, Unit 371, Jamestown, NC 27282, USA