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Terms & Conditions
TERMS AND CONDITIONS
American Martial Arts Supply (“AMAS”) is an Arizona Limited Liability Company that sells martial arts, boxing, fitness, weapons and related merchandise (collectively "Merchandise") only to individuals who can legally purchase and own such items in the particular jurisdiction where they reside. By purchasing Merchandise from AMAS you confirm that you are of legal age to own such Merchandise and that said Merchandise is legal for your location. If you are unsure, please check your local laws before making a purchase.
HIGH RISK ACTIVITY
Martial arts, boxing and other contact sports are considered high risk. Your participation in any of these sports/activities is at your own risk and you agree to assume all responsibility. Products sold through this website are intended for demonstration purposes only and you agree to consult with your personal physician before participating in any of these high-risk activities.
GENERAL ASSUMPTION OF RISK
Products sold under the Weapons category of this website are intended for demonstration or display purposes only. Customer agrees that weapons will not be used for sparring or contact and that all weapons will be inspected before each use and will not be used if any unsafe condition is observed. By purchasing any Merchandise from AMAS you expressly and voluntarily assume the risk of death and/or other personal injury whether or not caused by the negligence or other fault of AMAS. This includes, but is not limited to: equipment malfunction and/or defect. Furthermore, you agree to indemnify and hold AMAS harmless from any claims, including third party claims, that arise from the use and/or ownership of any Merchandise purchased from AMAS. When you purchase Merchandise from AMAS you agree that you will use the purchased Merchandise in a safe and legal manner, consistent with all applicable laws, recognized safety rules, and common sense. AMAS disclaims any and all liability related to improper, illegal, unintended use or modification of items sold through this website. The purchaser also warrants that he/she will do all that is reasonable to keep swords, knives and related Merchandise out of the hands of minors and immature individuals. No weapons are sold to anyone under 18 years of age without parental consent.
RESOLUTION OF DISPUTES
Your order from AMAS shall be governed in all respects by the laws of the State of Arizona, U.S.A. and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction and venue in any proceeding directly or indirectly arising out of or relating to the purchase of goods from AMAS not exceeding $2,500.00 will be in the Pima County Consolidated Justice Court’s Small Claims Division. Additionally, you agree that any dispute or controversy arising out of or relating to the purchase of goods from AMAS exceeding $2,500.00 shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in Arizona and as found in the Arizona statutes at Title 12. Such arbitration shall occur in Tucson, Arizona before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties and judgment may be entered thereon in a court of competent jurisdiction. The costs for arbitration shall be paid by the losing party, unless otherwise determined by the arbitrator. Any cause of action or claim you may have with respect to the purchase of Merchandise from AMAS or any other claim related to the use of the website must be commenced within one (1) year after the claim or cause of action arises. AMAS’s failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
INTERNATIONAL SHIPPING FEES
AMAS ships its products worldwide. However, shipping prices quoted via this site’s shopping cart are only for orders being delivered within the Continental United States. If your order is being shipped outside of this region, additional shipping fees will apply. We will contact you to inform you of additional costs. We must receive permission to process any extra charges before your item(s) can be shipped. Your order will be placed on hold until we receive said confirmation. Items over 42" cannot be sent out of the United States.
We are unable to guarantee delivery for orders outside of the Continental United States and because insurance in not available to many International locations, AMAS is not responsible for any items lost or damaged by the shipping carrier or seized or destroyed by Customs. Furthermore, by placing an order with AMAS that is to be delivered outside of the Continental United States, you agree to take all responsibility and to waive all rights to dispute such purchase. This includes but is not limited to the customer’s credit card chargeback rights as well as customer’s right to file a dispute with PayPal and/or any other third party billing company. In the event that you breach this agreement and file a chargeback, upon resolution in our favor by either the credit card issuing bank, the credit card processor, or by VISA, MASTERCARD, AMEX, or DISCOVER, you agree to reimburse AMAS for any and all cost incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. AMAS reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
New merchandise, suitable for resale, may be returned for exchange or refund within 30 days of purchase. No returns are accepted on custom items or clearance items. Merchandise should be wrapped securely and returned via U.P.S. or U.S.P.S. Priority Mail. A credit will be issued by the original method of payment, excluding shipping and handling charges. If you are requesting an exchange, a check or money order for shipping and handling charges must accompany your return. If Merchandise is returned for exchange without a check or money order customer authorizes AMAS to charge the original credit card used. If PayPal or another third party billing service was used, AMAS will send a payment request. All outstanding costs must be paid before your replacement item will be shipped. Customer is responsible for payment of duties and /or taxes on all international orders.
All contents of this Website are the property of American Martial Arts Supply and/or its suppliers. Copyright © 2014 American Martial Arts Supply. All Rights Reserved.