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    Terms Of Use

    DAMAGED RETURNS

    Your product should arrive in working order. However, if you receive a product in damaged or defective condition, please Contact Us. We will send you a replacement at no charge.

    When contacting us, please provide the following information:

    • 1) Order number
    • 2) Item ID and description
    • 3) Description of damage or defect. Was the packaging damaged? How, where and in what way was the product damaged? Please be as clear and specific as possible.

    We will issue an Return Authorization number and will e-mail a USPS mailing label in PDF format. Simply print the label, tape it to your package and ship the item to Clinch Gear for immediate replacement.

    Your request for the replacement of a product must be submitted within three business days of delivery. We do not issue credits for unauthorized returns.

    DEFECTIVE RETURNS

    We want to be sure that the products you ordered perform according to our specifications, without defects. Since defects do occasionally occur, all defective products may be returned for credit or replacement at our discretion.

    Products that do not meet the customers’ personal preferences for color, size, feel, etc., are not considered defective. In those cases, product can be returned for full credit if not worn and if postmarked within 10 days of delivery. The customer is responsible for all related shipping charges.

    Please refer to our Warranty Policy for information on any defect that occurs after the product has been in use. Worn and or washed items cannot be returned unless covered under our warranty policy.

    REFUSALS

    We will not be liable if you order the wrong product. We provide product description and a photo (whenever possible) so that you can make an educated buying decision. If a delivery is refused due to customer error, the purchase price of the product will be refunded, minus a 10% restocking fee, but you will be charged for the shipping costs.

    If the package arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept a damaged package, please make sure it is noted on the carrier's delivery record in order for us to file a damage claim in the event that the actual product is also damaged.

    In the event that your order arrives damaged, save the merchandise, original packaging and packing it arrived in and notify us immediately to arrange for a carrier inspection and a pick-up of damaged merchandise.

    If you do not notify us of damaged goods within the first 5 days of arrival, our regular return policy will override any claim of damage. Send an e-mail message via this Contact Us link to arrange for carrier inspection and a pick-up of damaged merchandise.

    In the event that we make a shipping error, we will accept responsibility for the shipping costs for the returned merchandise.

    MISSING OR LOST ITEMS

    Please contact us via this Contact Us link is you have not received your order within three days of the delivery timeline for your selected shipping method. Prior to contacting us, be sure to track your order with the delivery confirmation number provided.

    SYSTEM OR TECHNICAL ERRORS

    We provide data about product and product packaging to the best of our ability. We provide product pictures and full description when available. Clinch Gear cannot be held liable for system malfunctions. If an error occurs, we will contact you as soon as possible to try and correct the problem. Due to the dynamic driven content of the Clinch Gear web site, posting errors can be made from time to time directly from the database. Clinch Gear cannot be held liable for postings made by malfunction or system error.

    If for some reason, you do not receive the product as stated, contact us immediately.

    PAYMENTS

    Clinch Gear accepts different options for payment. You will be presented with these options when you check out. All e-checks returned to Clinch Gear will carry a $25.00 return check fee.

    INDEMNITY

    You agree to indemnify and hold Clinch Gear and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Merchandise or Service, your connection to the Merchandise or Service, your violation of the these terms or your violation of any rights of another. Due to the dynamic driven content of the Clinch Gear web site, posting errors can be made from time to time directly from the database. Clinch Gear cannot be held liable for postings made by malfunction or system error.

    NO RESALE OF MERCHANDISE OR SERVICE

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Merchandise or Service, use of the Merchandise or Service, or access to the Merchandise or Service, without written permission from Clinch Gear.

    MODIFICATIONS TO SERVICE

    Clinch Gear reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Merchandise or Service (or any part thereof) with or without notice. You agree that Clinch Gear shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Merchandise or Service.

    DEALINGS WITH ADVERTISERS

    Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Clinch Gear shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

    LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Clinch Gear has no control over such sites and resources, you acknowledge and agree that Clinch Gear is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible nor liable for any content, advertising, products or other materials on, or available from, such sites or resources. You further acknowledge and agree that Clinch Gear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

    DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    • a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLINCH GEAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANDISE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    • b. CLINCH GEAR MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
    • c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    • d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLINCH GEAR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

    LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLINCH GEAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLINCH GEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

    EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS THAT MAY NOT APPLY TO YOU.

    NOTICE

    Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to these terms or other matters by displaying notices or links to notices to you generally on the Service.

    COPYRIGHTS AND COPYRIGHT AGENTS

    Clinch Gear respects the intellectual property of others, and we ask our users to do the same. This site is copyright© 2003 and no duplications or reuse of any or part of its contents may be granted without the expressed written consent of Clinch Gear.

    GENERAL INFORMATION

    These terms constitute the entire agreement between you and Clinch Gear and govern your use of the Service, superseding any prior agreements between you and Clinch Gear. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These terms and the relationship between you and Clinch Gear shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Clinch Gear agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California and the County of San Diego.

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