These Terms and Conditions of Sale (“Terms“) apply to the purchase and sale of products and services through https://www.trailedonline.com (this “Website“) and constitute a legal agreement and are entered into by and between customer (“you”, “your”) and Trailed, LLC (“Company”, “we”, “us”, “our”). These Terms are subject to change by Trailed, LLC without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referred to on the Website.
You should review these Terms before purchasing any product or services that are available through the Website. Your continued use of the Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
The Terms are an integral part of the Website Terms and Conditions of Use that apply generally to the use of our Website.
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. All orders placed through our website are subject to acceptance and availability. We reserve the right to refuse any order for any reason.
a) All prices, discounts and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Apple Pay, Google Pay, PayPal, American Express, Discover, MasterCard, and Visa for all purchases. You represent and warrant that (i) the credit card or PayPal information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or PayPal account for the purchase, (iii) charges incurred by you will be honored by your credit card company or PayPal, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes regardless of the amount quoted on the Website at the time of your order.
a) We will arrange for shipment of the products to you. Shipping fees will be calculated at checkout based on the shipping option you choose and the destination of your order. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays, losses or damages in shipments.
We accept returns and exchanges within thirty (30) days of the original purchase date. All items must be returned in their original condition, with the original packaging and tags with valid proof of purchase.
To return products, you must adhere to the Returns & Exchanges Policies posted on our website.
You are responsible for all shipping and handling charges, customs, duties, taxes and any other charges on returned items. You bear the risk of loss during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
a) WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING (I) ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USEFULNESS, QUALITY OR TIMELINESS AND (II) 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.
b) WITH RESPECT TO ANY DEFECTIVE PRODUCTS, WE SHALL, IN OUR SOLE DISCRETION, EITHER: (I) REPAIR OR REPLACE SUCH PRODUCTS OR THE DEFECTIVE PART OR (II) CREDIT TO YOU STORE CREDIT IN THE AMOUNT PAID BY YOU FOR SUCH PRODUCTS, LESS ANY ORIGINAL SHIPPING AND HANDLING COSTS INCURRED BY US, PROVIDED THAT (I) YOU SHALL PROVIDE WRITTEN NOTICE TO US OF THE DEFECTIVE WITHIN THIRTY (30) DAYS OF DELIVERY OF THE PRODUCT AND, AT YOUR EXPENSE, RETURN SUCH PRODUCTS TO US; (II) WE VERIFY YOUR CLAIM THAT THE PRODUCTS ARE DEFECTIVE; AND (III) FOR PRODUCTS THAT WE DECIDE TO REPAIR OR REPLACE, YOU PAY FOR ALL SHIPPING AND HANDLING CHARGES, FEES, CUSTOMS, DUTIES, TAXES AND ANY OTHER CHARGES ASSOCIATED WITH SHIPPING THE REPAIRED OR REPLACED ITEMS BACK TO YOU.
c) THE REMEDIES SET FORTH IN SECTION 7(b) SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY.
Except as set forth in Section VII (Limited Warranties), our website and products or services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that our website or products will be error-free or uninterrupted.
This Website may provide links to third party websites (“3P Websites”). We make no representations about any 3P Websites. If you access any 3P Websites, you do so at your own risk. We have no control over the contents of any 3P Websites. We accept no responsibility for 3P Websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of any 3P Websites.
Links to 3P Websites from the Website may include links to social media features that enable you to transmit limited content from the Website. You may only use these features when they are provided by us and solely for the content identified. Such features and links to 3P Websites are subject to any additional terms and conditions we provide.
You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not suggest any form of association, approval or endorsement from us where none exists. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply with the Conditions of Use, User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE AND (B) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY.
b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE WEBSITE, LESS ANY ORIGINAL SHIPPING AND HANDLING COSTS INCURRED BY US.
All rights and interest to the inventions, methods, designs (whether registered or not), information, technical data or drawings, copyrights, patent rights, trademark rights, know-how, discoveries, improvements, technology, design mask works, trade secrets, related intellectual property, intangible and proprietary rights throughout the world, relating to the Website and products or services are the exclusive property of us (“Intellectual Property”). You shall not: (i) decompile, reverse engineer, disassemble, trace or otherwise analyze the products or services, their content, operation, or functionality; (ii) modify, adapt, or translate the products or services, nor create derivative works based on the product or services; or (ii) disclose any proprietary information regarding the Intellectual Property to any other persons or companies without our prior written approval. We do not grant you any license or other right in our Intellectual Property. You agree that only we or our authorized representatives or agents are authorized to make modifications or repairs to the product.
You represent and warrant that you are buying products or services from the Website for your own use only, and not for resale or export.
We will not be liable to you for any failure or delay in our performance under these Terms to the extent such failure or delay results from circumstances beyond our reasonable control, including without limitation acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities, terrorist threats, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
The Terms and ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US, including their affiliates, contractors, and agents, and each of their respective employees, directors, and officers (a “Dispute”) will be governed by the laws of the State of Arizona, without regard to conflicts of law. The UN Convention for the International Sale of Goods (CIGS), INCOTERMS, and the Uniform Computer Information Transactions Act or the documents related thereto will not apply. The parties consent to the exclusive and sole jurisdiction of the state and federal court located in Maricopa County, Arizona with respect to all litigation Disputes among the parties. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT. It is by the express intention of the parties hereto that the Terms and all its related documents be drafted and interpreted in English. Neither Party shall be liable to the other Party for any dispute brought more than one (1) year after the delivery date of the product.
You will not assign any of your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No waiver under these Terms is effective unless it is in writing and signed by us and the waiver will be limited to the specific breach waived. No failure or delay in exercising any right, remedy, power or privilege arising from these Ecommerce Terms may be construed as a waiver of such.
These Terms do not confer any rights or remedies upon any person or entity other than you.
We reserve the right to change these terms and conditions at any time without notice. It is your responsibility to review these terms and conditions regularly.
If any provision in these Terms is found to be void or unenforceable, this will not affect the validity and enforceability of the remainder of these Terms of Sale.
You assign all rights, title and interest in any feedback you provide us. If for any reason such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
By using our website and placing an order, you acknowledge that you have read and agree to these terms and conditions. If you have any questions, please don’t hesitate to contact us.