Last updated: March 1, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the xelements.shop website and the Xelement® Boots, Harness Boots, Motorcycle Boots online store (the “Service”) operated by Xelement® Boots, Harness Boots, Motorcycle Boots (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, phone number, email address, postal address, payment information, product selections, and order notes.
The prices we charge for using our Service/ website are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
Terms of payment: Payment can be made in full upfront, or in installments where available. We accept payments through Visa, MasterCard, American Express and PayPal. Payment must be made in full prior to us shipping your order. Failure to pay on time will delay your order and void promotional pricing.
Shipping and delivery: We offer standard and expedited shipping options. Shipping costs will be calculated and displayed at checkout based on weight, dimensions and destination of the items in your cart. We aim to dispatch orders placed before 2pm on weekdays within 1 business day. Delivery timeframes are provided as estimates only based on average delivery times, except where express or next day delivery is offered. We are not liable for any loss, damage, cost or expense related to any delay in delivery.
Risk of loss and title for all products ordered by you passes to you when the product leaves our premises. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
If you do not receive your shipment within the estimated time as provided by us, please contact us immediately so we can investigate. Delays in reporting shipments not received may prevent us from locating the shipment and void any refund or replacement of the order.
Cancellations and returns: Please choose carefully as we do not normally give refunds if you simply change your mind or make a wrong selection. If you wish to cancel your order, you can do so within 12 hours of placing it by emailing us at [email protected]. After this time, cancellation rights expire as we will have already processed and/or dispatched your order.
Products returned must be in unused, as-new condition with original packaging and tags still attached. We will provide a refund to you in the original form of payment within 30 days of receiving the returned item subject to return conditions being satisfied. You are responsible for the cost and risk of returning products to us. We recommend using a tracked service as we cannot issue a refund without actual receipt of the returned item.
Damaged or defective products: If you receive a product that appears damaged or defective, please contact us immediately at [email protected] with photos of the damage or defect. We will assess the damage or defect and determine if it appears to have occurred prior to delivery or is a result of transit. If we determine the product was damaged or faulty prior to delivery, we will offer you a refund or replacement at our cost. If the product appears damaged as a result of transit, we will still offer you a refund or replacement, but may request you notify the shipping carrier of the damage so we can recoup the costs from them.
Age Restrictions
The Service is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Service, you represent and warrant that you are 18 years of age or older. If you are under 18, you may not purchase our products or use our Service.
User Accounts
When you create an account with us, you must provide us with accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by us or others due to such unauthorized use.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
User Content
The Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are solely responsible for the activities relating to Content you submit or contribute and its accuracy.
You represent and warrant that: (i) you own the Content submitted by you on, through or in connection with the Service or otherwise have the right to grant the licenses specified below, and (ii) neither your submission of any Content nor your granting of a license herein will violate any right of or duty owed by you to any third party.
We claim no intellectual property rights over the material you provide to the Service. By submitting Content to the Service, you automatically grant us a worldwide, perpetual, royalty-free, non-exclusive license to use, copy, reformat, create excerpt and derivative works therefrom, distribute, publicly perform and display such Content on the Service solely for the purpose for which such Content was submitted or made available, including for the purpose of promoting or redistributing part or all of the Service.
You also grant us the right to pursue at law any person or entity that violates your or our rights in the Content by a breach of these Terms and Conditions. We will reasonably cooperate with you in any legal action that you may take against such persons or entities.
We reserve the right to remove or modify any Content submitted at any time, without notice or liability, at our sole discretion. We have no obligation to store Content indefinitely and may delete Content at any time without notice.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual Property Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Xelement® Boots, Harness Boots, Motorcycle Boots Content”), and all intellectual property rights related thereto, are the exclusive property of Xelement® Boots, Harness Boots, Motorcycle Boots and its licensors.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license or any other right in the Xelement® Boots, Harness Boots, Motorcycle Boots Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material from the Service.
Use of our trademarks, service marks, and trade names are strictly prohibited, unless you have our prior written consent.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. THERE ARE NO WARRANTIES THAT THE INFORMATION ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED ON THE SERVICE. WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes
Any dispute related in any way to your use of the Site or Services shall be submitted to confidential arbitration in Nashville, TN except that, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Tennessee. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Tennessee.
Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree to submit any disputes or claims under these Terms for individual relief and not as a plaintiff or class member in any purported class or representative proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XELEMENT® BOOTS, HARNESS BOOTS, MOTORCYCLE BOOTS, AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL XELEMENT® BOOTS, HARNESS BOOTS, MOTORCYCLE BOOTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XELEMENT® BOOTS, HARNESS BOOTS, MOTORCYCLE BOOTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL XELEMENT® BOOTS, HARNESS BOOTS, MOTORCYCLE BOOTS, OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY YOU TO XELEMENT® BOOTS, HARNESS BOOTS, MOTORCYCLE BOOTS FOR THE PRIOR YEAR, OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF XELEMENT® BOOTS, HARNESS BOOTS, MOTORCYCLE BOOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnification
You agree to defend, indemnify and hold harmless Xelement® Boots, Harness Boots, Motorcycle Boots and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access of the Service, violation of these Terms of Service, or violation of any rights of another.
This defense and indemnification obligation will survive these Terms and your use of the Service.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Xelement® Boots, Harness Boots, Motorcycle Boots without restriction.
General
You agree that: (i) the Service shall be deemed solely based in Tennessee; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Xelement® Boots, Harness Boots, Motorcycle Boots, either specific or general, in jurisdictions other than Tennessee. These Terms shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and Xelement® Boots, Harness Boots, Motorcycle Boots that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Davidson County, Tennessee. These Terms, together with the Privacy Notice at https://xelements.shop/privacy-policy and any other legal notices published by Xelement® Boots, Harness Boots, Motorcycle Boots on the Service, shall constitute the entire agreement between you and Xelement® Boots, Harness Boots, Motorcycle Boots concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND XELEMENT® BOOTS, HARNESS BOOTS, MOTORCYCLE BOOTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]
- By phone number: (615) 123-4567
- By mail:
Xelement® Boots, Harness Boots, Motorcycle Boots
123 Main St,
Nashville, TN 37217