TERMS OF SALE
INTRODUCTION
These Terms of Sale ("Terms of Sale") govern all orders for products ("Products"), placed by any individual or organization ("you" or “your”) from TakeShots LLC (“TakeShots”, “we”, “our” or “us”) through our website at https://takeshots.com (“Website”), as well as any and all subsequent use of such Products.
THESE TERMS OF SALE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TAKESHOT. BY SUBMITTING AN ORDER FOR A PRODUCT THROUGH THE WEBSITE, OR ACCEPTING THESE TERMS OF SALE ON THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SALE WITH RESEPCT TO THAT PRODUCT and as to any other product you MAY LATER order through the Website, as of the date you first submit AN order or accept these Terms of Sale.
IF YOU DO NOT AGREE TO THESE TERMS OF SALE OR DO NOT MEET THE ELIGIBILITY REQUIREMENTS BELOW, YOU MUST NOT PLACE ANY ORDER ON THE WEBSITE.
Capitalized words and phrases used in these Terms of Sale have the definitions given herein, or, if not defined herein, have their plain English meaning as commonly interpreted in the United States.
ELIGIBILITY
You are (1) not a minor and are legally permitted to enter into a binding contract, including these Terms of Sale, with TakeShots under the law applicable to you; and (2) a consumer, not a reseller. If you do not meet each of these requirements, you may not enter into these Terms of Sale or order any Product on the Website.
ADDITIONAL TERMS
These Terms of Sale constitute your entire agreement with TakeShots with respect to any Product ordered and purchased on our Website and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TakeShots with respect to such orders and purchases and all such Products.
Other terms and conditions may govern TakeShots’s other offerings. In the event of a conflict between these Terms of Sale and any other agreement you have entered into with TakeShots conflict, these Terms of Sale will control as to your orders for and purchases of Products from the Website and your subsequent use of those Products, and any other agreement will control with respect to the offerings to which it applies.
MODIFICATIONS
We may revise and update these Terms of Sale from time to time in our sole discretion. All changes are effective immediately when we post them and will apply to any orders placed from that date forward. All orders placed prior to our posting a new version of these Terms of Sale, however, will remain governed by the version of the Terms of Sale in place at the time you placed your order.
PRODUCTS
While TakeShots endeavors to display the details of each Product on the Website accurately, errors may occur (e.g. for technical reasons, such as network failures, errors in transmission, etc.). For this reason, information on the Website regarding the details of a Product is included as a guide only and we make no representations as to the completeness, accuracy, reliability, validity, or timeliness of any listings, descriptions, or images for any Products available on the Website (including any features and specifications). Such information and the availability of any Product are subject to change at any time without notice. If you are uncertain about the details of any Product, please contact us at 1 800 975-4212.
ORDERING PRODUCTS
After selecting your desired Product(s), you may place an order for them by proceeding through and completing the checkout process as directed on the Website. By completing the checkout process and submitting your payment information, you make TakeShots an offer to purchase the Products in your order pursuant to these Terms of Sale and agree to pay TakeShots for such Products if and when TakeShots accepts your offer.
After completing the checkout process and submitting your order, we will send you an email acknowledging your order and detailing the Products you have ordered. Please store your order number and date for future reference. The order acknowledgement confirms that TakeShots has received your order, but does not constitute TakeShots’s acceptance of your order.
Once we process and accept your order, we will send you an email confirming your order (the “Order Confirmation”). The Order Confirmation constitutes our acceptance of your order and, upon your receipt of the Order Confirmation, your order becomes a binding contract between you and TakeShots, governed by these Terms of Sale. You are deemed to have received the Order Confirmation on the date we send the email to the address you provide with your order.
You may cancel or update your order up until TakeShots has sent you the Order Confirmation, so please contact us if the order acknowledgement appears incomplete or incorrect. You may not modify or cancel your order after we send the Order Confirmation. If an Order Confirmation differs from your order in any way, including with respect to Products, prices, or quantity, you must notify us immediately of the discrepancy and we will, in our discretion, either correct the discrepancy or cancel your order. If you fail to notify us of any discrepancy before we ship your Products, you agree that the terms of our Order Confirmation will apply to your order.
Fulfillment of all orders is subject to availability. If a Product that you have ordered is not in stock (including if the ordered quantity is partially not in stock), we may cancel your order or, where we expect the Product to come back in stock, we may contact you and permit you to maintain your order. In all cases, we explicitly reserve the right to not accept or fulfill, or cancel your order for any reason. If we choose to cancel or not fulfill your order we may return the purchase price to you at any time.
DELIVERY
We will endeavor to deliver all Products to the address you provide in your order (your “Delivery Address”) within a reasonable period of time after sending you the Order Confirmation. Shipping and delivery dates, however, are estimates only and cannot be guaranteed. If Products are not available within the estimated delivery times or in the ordered quantity, we may notify you through the contact information you provided with your order. If Products are not available in the ordered quantity, you may decide to receive such lower quantity and cancel the remaining ordered quantity or cancel your entire order.
Title and risk of loss in and to the Products will pass to you upon our delivery of the Products to the carrier for shipment. Delivery is deemed completed when the Products are delivered to the Delivery Address. You agree to reimburse us for any additional storage, insurance, shipment, or handling costs that we incur due to your failure to take delivery at your Delivery Address.
PRICES AND PAYMENT
Although TakeShots endeavors to ensure that all prices on the Website are accurate, errors may occur. If TakeShots discovers an error in the price of Products you have ordered, TakeShots will endeavor to inform you and give you the option of reconfirming your order at the correct price or cancelling the order entirely. We will not be obliged to supply Products at an incorrect price, even if we have already issued an Order Confirmation.
Prices on the Website may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you during the ordering process or included in the Order Confirmation. Prices may change at any time prior to (but not after) our issuance of the Order Confirmation and acceptance of your order.
During the checkout process, you will be asked to select a payment method for your order. By specifying a credit card, debit card, online payment account, mobile services account, or other payment method as an applicable payment mechanism in your order, you grant TakeShots the right to charge the applicable payment account you provided for all prices, taxes, and any applicable shipping and handling, incurred in connection with your order. We will charge the applicable payment account upon acceptance of your order and will dispatch the Products after we receive payment in full. You represent and warrant that the payment details you provide with your order are valid and correct and that you are an authorized user on the applicable payment account.
INSPECTION
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
USE
You are solely responsible for the proper use of all Products. You agree to read and follow any instructions, and user or product manuals accompanying each Product.
PLEASE NOTE THAT ANY USE ANY PRODUCT WHICH IS NOT CARRIED OUT IN ACCORDANCE WITH TAKESHOTS INSTRUCTIONS OR MANUALS MAY CAUSE PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY, INCLUDING THE PRODUCT INSEFL. TAKESHOTS DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR USE OF ANY PRODUCT NOT IN ACCORDANCE WITH THE INSTRUCTIONS OR MANUALS PROVIDED BY TAKESHOTS.
DISCLAIMER OF WARRANTIES
EACH PRODUCT PROVIDED BY TAKESHOTS IS SOLD “AS IS” AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND. TAKESHOTS EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ALL OTHER REPRESENTATIONS, WARRANTIES, AND COVENANTS, WHETHER EXPRESS OR IMPLIED, REGARDING THESE TERMS OF SALE AND ALL PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
EVENTS OUTSIDE OUR CONTROL
TakeShots will not be liable or responsible to you for any failure to perform, or delay in performance of, any of our obligations under these Terms of Sale where such failure or delay is caused by or results from acts or circumstances outside our reasonable control, including acts of god, fire, flood, earthquake, severe weather, disasters, explosions, war, invasion or hostilities (whether declared or not), acts of terrorism, riot, or other civil unrest, national emergency, revolution, lockouts, strikes or other labor disputes (whether or not involving our employees), epidemics, pandemics, acts of state, local or federal government or of any other competent authorities, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage as well as other force majeure events pursuant to applicable law.
LIMIT OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TAKESHOTS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF SALE OR ANY PRODUCTS, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF TAKESHOTS OR ITS AFFILIATES WERE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF TAKESHOTS, AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, IN CONNECTION WITH THESE TERMS OF SALE AND ALL PRODUCTS, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (I) AMOUNTS YOU ACTUALLY PAID TO TAKESHOTS FOR THE SPECIFIC PRODUCT GIVING RISE TO SUCH LIABILITY OR (II) $50.
YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OF SALE WITHOUT THESE LIMITATIONS ON OUR LIABILITY. THE FOREGOING DOES NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TAKESHOTS, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LAWSUITS, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND OTHER EXPENSES THAT ARISE OUT OF OR FROM: (I) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS OF SALE; AND/OR (II) YOUR USE OF ANY PRODUCT, OTHER THAN IN ACCORDANCE WITH THE INSTRUCTIONS WE PROVIDE IN CONNECTION WITH SUCH PRODUCT.
GOVERNING LAW
The interpretation of the rights and obligations of the parties under these Terms of Sale, including, to the extent applicable, any negotiations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado as such laws apply to contracts between Colorado residents performed entirely within Colorado, without regard to the conflict of laws provisions thereof. By placing an order on the Website, you agree that the exclusive forum for any claims or causes of action arising out of these Terms of Sale or related to the use of the Products is the state and federal courts located in Colorado. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Sale, and the parties hereby disclaim the application thereof.
NOTICES
Unless otherwise specified in these Terms of Sale, any notices required or allowed under these Terms of Sale will be provided to TakeShots by sending postal mail to 9474 E Winding Hill Ave. Lone Tree, CO 80124. TakeShots may provide you with any notices required or allowed under these Terms of Sale by sending you an email to the email address you provide to TakeShots in connection with your order, provided that in the case of any notice applicable to both you and other users of the Website, TakeShots may instead provide such notice by posting on the Website. Notices provided to TakeShots will be deemed given when actually received by TakeShots. Notice provided to you will be deemed given 24 hours after posting to the Website or sending via e-mail, unless (as to e-mail) TakeShots is notified that the e-mail address is invalid.
GENERAL TERMS
You agree to comply with all applicable laws, regulations and ordinances relating to your purchase and use of Products under these Terms of Sale, including all export and import laws. You may not export or re-export the Products to certain countries or to those persons or entities prohibited from receiving exports from the United States. Except as expressly set forth in these Terms of Sale, these Terms of Sale may be amended or modified only by a writing signed by both parties. All waivers by TakeShots under these Terms of Sale must be in writing or later acknowledged by TakeShots in writing. Any waiver or failure by TakeShots to enforce any provision of these Terms of Sale on one occasion will not be deemed a waiver by TakeShots of any other provision or of such provision on any other occasion. If any provision of these Terms of Sale is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. You may not assign or transfer either these Terms of Sale or any of your rights or obligations hereunder (in whole or in part and including by sale, merger, consolidation, or other operation of law) without our prior written approval of TakeShots. Any assignment in violation of the foregoing will be null and void. We may assign these Terms of Sale to any party that assumes our obligations hereunder. The words “include,” “includes” and “including” means “include,” “includes” or “including,” in each case, “without limitation.” The parties hereto are independent parties, not agents, employees or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.
Last Updated: March 2022