TERMS AND CONDITIONS
Acceptance of these Terms and Conditions
These Terms and Conditions of Sale (“Terms”) by Barricuda Steele Inc. (“Seller” or “us” or “we”) shall apply to any order for products of Barricuda Steele Inc (“Products”) sold on www.BarricudaSteele.com (the “Site”) or where explicitly applicable or through a current authorized reseller of Products (“Authorized Party” or “Authorized Parties”).
By placing an order on the Site or through an Authorized Party for non-resale purpose and use of Products, you on behalf of yourself as an individual or on behalf of an organization, (“Customer” or “you” or “your”), represent and warrant that you have read, understood and agreed to be bound by these Terms, affirm that you are of the legal age to enter into an agreement, and in the case of a Customer purchasing on behalf of an organization, affirm that you have the legal authority to bind any such organization to these Terms.
These Terms are subject to change by Seller without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Date Updated” in the beginning of these Terms. Any purchase of Products on the Sites will constitute your acceptance of and agreement to these Terms and any changes thereto as of the Last Date Updated.
These Terms shall control irrespective of any inconsistent or additional terms and conditions, whether printed or otherwise, set forth in any communication from Customer to Seller, or which otherwise would be deemed established by any course of dealing, course of performance or usage of trade, unless otherwise provided herein or specifically agreed to in writing as a waiver or modification signed by an officer of Seller.
IN NO CASE SHALL YOU PLACE AN ORDER IF: (A) YOU DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITES BY APPLICABLE LAW.
Domestic US customers typically take 2-5 days to arrive depending upon the service you choose at checkout. International order delivery times may vary based on your location. Many orders are shipped the same day, but this may not be possible based on current demand or when the order is placed.
We can use your shipping account. Many of our international customers often prefer using their own account. If you want us to ship on your UPS, DHL, or FedEx account, please put the account number in the order comments section during checkout.
We offer priority & expedited shipping via FedEx (including overnight and international priority). These expedited options can be added to your order during checkout for an additional fee. Estimated or quoted expedited shipping times are from when the product ships, not from when the order is placed. We make our best efforts to get orders out within 24 hours of the order placement, but some orders may take longer based on demand and when the order is placed. Please contact us at BSteele@Barricudasteele.com if you need to place an expedited order and want to check availability.
We want to make sure you like the products we make and therefore offer a 15-day return policy. Customers may return unopened & unused products within 15 days of purchase. After 15 days, returns will not be accepted. All Discontinued, Sale, and Clearance Items sales are final and are not covered by the 15-day return policy.
Restocking fee: Returned non-defective products are subject to a 20% restocking fee.
Defective product: A product can only be deemed defective upon evaluation by Barricuda Steele support. Please contact us at BSteele@BarricudaSteele.com to discuss any quality related issues.
RMA process: You must obtain an RMA (Return Merchandise Authorization) before returning an item by contacting support via e-mail or phone (BSteele@woocommerce-855101-2953913.cloudwaysapps.com). When returning an item for an exchange, the returned item must be received by Barricuda Steele before a replacement item is shipped or a refund/credit is issued.
Return shipping costs: All return shipping costs are the responsibility of the customer. Orders that are cancelled by the customer after they have shipped may be returned for a refund, less the shipping charges related to the cancelled order.
International shipping: Shipping fees do not include duty or taxes that may be charged by your country. Please note that if the customer chooses not to pay duties or taxes or has entered an incorrect address and the shipment is returned to us, any refund offered will be reduced by all shipping costs and fees we incur.
Restrictions of Use Policy
When purchasing from Barricuda Steele Inc (seller), Buyer agrees that it shall not directly or indirectly: (i) modify, enhance, adapt, translate, make improvements to, create derivative works based upon, disassemble, decompile, reverse engineer, reduce to any human or machine readable form, or circumvent any technological measure that controls access to or permits derivation of the source code of, the Software or any part thereof; (ii) reverse engineer the Products, any part thereof, or any composition made using the Products; (iii) rent, lease, sell, transfer, assign, or sublicense the rights granted hereunder, except in connection with the rental, lease, sale or transfer of the entire Product; (iv) copy any part of the Software except for one (1) complete copy thereof for archival and/or back-up purposes, or as otherwise expressly authorized by Seller in writing; (v) change, distort, or delete any patent, copyright or other proprietary notices which appear in writing on or in a Product (or in any copies of Software); (vi) operate or make use of the Products in any way violative of applicable laws and regulations; and/or (vii) take or permit any other action which could impair Seller’s rights, or damage the image or reputation of quality inherent in the Products, Seller’s business, reputation, intellectual property or other valuable assets or rights. In the event Customer rents, leases, sells or otherwise transfers the Products to a third party, Customer agrees that it will require such third party to be bound by these Terms and Conditions as a condition of such rental, lease, sale or other transfer.
Limitations of Liability
In no event shall Barricuda Steele Inc. (Seller) or its affiliates, manufacturers, suppliers or licensors (as third party beneficiaries) be liable for direct damages or other losses or liabilities directly relating to the Seller’s Products or otherwise arising out of, related to, or in any way connected with the use of Products, if and to the extent such direct damages or other losses exceed the actual amount paid by customer for the specific Product(s) that directly gave rise to the damages or other losses or liabilities claimed, regardless of the form of action, whether based in contract, express or implied warranty, tort, product or other strict liability, trade practices, or otherwise, and regardless of whether any remedy set forth herein fails of its essential purpose.
Notwithstanding anything herein to the contrary, in no event shall Seller or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation or production of the Products be liable to Customer or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Products, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
The foregoing limitations of liability do not apply to the extent prohibited by law; Customer shall refer to local laws for any such prohibitions.
Intellectual Property Use and Ownership
Seller and our licensors and our affiliates are and will remain the sole and exclusive owners of all intellectual property rights in and to each Product made available for sale pursuant to these Terms and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and registered and unregistered trademarks, trade names service marks, and logos and other intellectual property rights. You are not granted by implication, estoppel, or otherwise, any license or right to use any of these intellectual property rights, nor will you have or acquire any ownership of these intellectual property rights in or to the Products, nor of any intellectual property rights relating to the Products.
These Terms and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of the State of Georgia, U.S.A., without regard to the choice-of-law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement. Any action seeking legal or equitable relief arising out of or relating to these Terms will be brought only in the courts of the State of Georgia or the United States District Court for the District of Georgia.
Seller expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any Product, and no such change in specifications shall affect any Order of such Product.
Please use at BSteele@woocommerce-855101-2953913.cloudwaysapps.com or via telephone at (470) 799-8952 if you have any questions.