TERMS AND CONDITIONS OF SALE
These Terms and Conditions govern all sales of goods by Dirty Bastards Collective (“Seller” or “DBC”), a Colorado-based business, to any purchaser (“Buyer”). These Terms and Conditions apply exclusively, overriding any other terms and conditions referred to, proposed, or relied upon by the Buyer at any point, including standard or printed terms presented by the Buyer, unless expressly agreed to in writing by the Seller. Any modification of these Terms and Conditions, including additional or special provisions, shall only be valid if confirmed in writing by the Seller.
I. DEFINITIONS
For purposes of this Agreement, the following definitions apply:
“Buyer” means the individual or entity purchasing goods from the Seller.
“Goods” means the products supplied by the Seller to the Buyer.
“Intellectual Property Rights” includes all patents, copyrights, trademarks, trade secrets, design rights (registered or unregistered), know-how, and all other forms of intellectual property.
“Seller” refers to Dirty Bastards Collective (DBC), a business based in Colorado.
II. PRICE AND PAYMENT
Unless otherwise agreed in writing, the price shall be the Seller’s listed retail price at the time of purchase. Prices do not include applicable sales tax, excise tax, use tax, or other fees, which remain the responsibility of the Buyer.
III. DESCRIPTION
Any description of the Goods provided by the Seller is for identification only and does not constitute a guarantee or sale by description. The Buyer affirms that no reliance is placed on such descriptions in entering into this agreement.
IV. DELIVERY
Unless otherwise agreed in writing, Goods will be shipped to the Buyer’s designated address on or around the estimated shipping date provided by the Seller. The Buyer is responsible for arranging receipt of delivery. The Seller’s responsibility ends when the Goods are handed to the carrier for shipment, at which point risk of loss transfers to the Buyer. This Agreement shall be interpreted as F.O.B. Seller’s place of business. Any discrepancies, including shortages, excess deliveries, or duplicate orders, must be reported to the Seller within 14 days of receipt for potential correction or refund.
DBC ships within the United States and to limited international locations, including Canada, the United Kingdom, Germany, Australia, France, Ireland, Italy, Norway, Ukraine, and all APO/FPO addresses.
V. RISK
If the Buyer chooses to collect Goods directly, risk of loss or damage transfers to the Buyer once the Goods are set aside for pickup or handed over, whichever occurs first.
VI. TITLE
Ownership of Goods transfers to the Buyer only once the Seller has received full payment.
VII. RETURN OF UNUSED GOODS
The Seller does not accept returns of goods manufactured by third parties, whether defective or not. Such items are subject to the warranties of their original manufacturer.
All sales are final unless otherwise agreed in writing by the Seller. If returns are permitted:
Authorization must be obtained from the Seller prior to return.
The Buyer is responsible for return shipping costs and must ensure proper packaging. The Seller will not accept damaged returns.
Only Goods listed in the Seller’s current catalog and in unused, saleable condition with original packaging will be accepted.
A restocking fee of 10% of the product price, along with any transaction fees charged by the payment processor, will apply.
VIII. RETURN OF DEFECTIVE PRODUCTS
If a product manufactured by the Seller is found to be defective within ten (10) business days of receipt, the Buyer must notify the Seller promptly via email. The Seller, at its discretion, will replace or provide instructions for the return of the defective product. This policy applies only to Goods manufactured by the Seller, not to third-party products incorporated into Seller’s items.
IX. EXPORT CONTROL
All Goods are subject to U.S. export control laws and regulations. The items sold by the Seller are authorized for export only to the specified ultimate consignee and destination country. Goods may not be resold, transferred, or otherwise disposed of to any other party or location without prior U.S. Government authorization or as otherwise permitted by U.S. law.
X. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REPUTATION), EVEN IF FORESEEABLE OR ADVISED OF SUCH POSSIBILITY. THIS INCLUDES CLAIMS BY THIRD PARTIES.
IN NO EVENT SHALL THE SELLER’S TOTAL LIABILITY EXCEED THE AMOUNT ACTUALLY RECEIVED FROM THE BUYER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
XI. WARRANTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL GOODS ARE SOLD “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE SELLER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM TRADE USAGE OR PERFORMANCE. SELLER DOES NOT GUARANTEE THAT GOODS WILL BE ERROR-FREE OR DEFECT-FREE OR THAT ALL ISSUES WILL BE CORRECTED.
XII. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights arising from or connected to the Goods or this Agreement shall be the sole property of the Seller. The Buyer shall take all steps reasonably required to ensure that such rights are properly vested in the Seller.
XIII. FORCE MAJEURE
The Seller shall not be held liable for delays or failure to perform obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, lockouts, wars, acts of terrorism, equipment failures, fires, shortages of raw materials, or transportation delays. If such circumstances persist for an unreasonable period, the Seller may terminate the Agreement without liability.
XIV. SEVERABILITY
If any provision of these Terms is found invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining Terms shall continue in full force and effect.
XV. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and the parties agree to submit exclusively to the jurisdiction of the courts of Colorado.
Acceptance of Terms
By purchasing from or using this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, you should not proceed with a purchase. Continued use of this site or purchasing Goods following updates to these Terms constitutes acceptance of the revised Terms.