Terms & Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled by us, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States Dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.
4. Shipping Policy
We offer a variety of shipping options to meet your shipping needs. Please check the individual product page for specific delivery options. All deliveries are insured and guaranteed against loss, theft, and damage. All shipping prices are quoted in United States Dollars. No C.O.D. orders will be accepted.
Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
There may be occasional delays beyond the posted order processing time. If your product is on backorder for more than 30 days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active fulfill the order when the product is available.
These shipping terms are accepted by you by placing an order with us.
5. Advertising Disclaimer and Trademarks
We attempt to make the descriptions and depictions of our products as accurate as possible. There are times, however, when the descriptions and/or depictions of our products posted for sale on our site may vary from the actual product. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising, or shipping errors.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products available through our site are the sole property of their respective owners. Photographs are courtesy of the respective manufacturers and remain the manufacturers’ sole property, and the purchase of a product gives you any right to use photographs of any product for any reason.
6. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL LIVFITISH, LLC, OR ITS AFFILIATED COMPANIES, AGENTS, MEMBERS, OR EMPLOYEES (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF LIVFITISH, LLC IS AUTHORIZED TO MODIFY THIS LIMITATION.
YOU AGREE TO LIQUIDATED DAMAGES. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE PURCHASED THROUGH OUR SITE.
7. Warranty and Return Policy
Most of the products available through our site are covered under the manufacturer’s warranty, which is detailed in the product’s description. If applicable, manufacturer’s warranties apply from the date of shipment. You understand that we do not operate or control the products offered by the manufacturers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support, or similar policies covering products that you may purchase through our site.
You understand that all sales of products purchased through our site our final, and NO returns of any type will be accepted.
If your order arrives in a damaged condition, save the merchandise AND the original packaging it arrived in, and notify us immediately to arrange for a carrier inspection and a pickup of the damaged merchandise.
Defective returns can be returned directly to us within 10 days from the delivery date for, at our discretion, credit, replacement, exchange, or repair. Manufacturer restrictions do apply. Any item that is missing the UPC can ONLY be replaced with the same item.
Questions regarding our warranty and return policies should be addressed via e-mail to [email@example.com]. These policies set forth your sole and exclusive rights with respect to return of products that you may purchase through our site.
8. Privacy and Customer Information
9. Service and Support
All requests for service and support with respect to the products available through our site should be made directly to the manufacturer in accordance with their terms and conditions. Should you have any other questions or concerns, you should contact us by e-mail at [firstname.lastname@example.org]. We will do our best to help you; however, we do not offer any service or support and cannot guarantee that every problem will be resolved to your satisfaction.
10. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, pandemic, supply chain interruption, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
11. Entire Agreement
These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products that are subject to additional or altered Terms and Conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
12. Governing Law and Statute of Limitations
Livfitish.com is controlled by us from our offices within the State of Illinois, United States of America. Access to Livfitish.com is not geo-restricted and may be accessed from around the world. As each of these places have laws that may differ from those of Illinois, by accessing this site both of us agree that the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Circuit Court of Madison County, Third Judicial Circuit, State of Illinois with respect to such matters.
Regardless of any statute of limitation otherwise provided by law, any cause of action brought by you against us or our Affiliates must be instituted with one (1) year from the invoice date for any purchase or be deemed forever waived and barred.
We make no representation that the products available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.