Terms of Use and Sale

Effective: July 30, 2024

INTRODUCTION

Welcome to the Roeslein Swiftlift, LLC (hereinafter “Company” “we,” “us,” or “our”)  e-commerce website located at www.swiftliftoutdoors.com (the “Site”). The Site is developed, hosted and maintained by or on behalf of the Company to enable our customers to purchase Company products online.   These Terms of Use and Sale, inclusive of any additional terms, conditions, and policies mentioned herein and/or accessible via hyperlink, (collectively, the “Terms”) set forth legally binding terms and conditions, and govern the use of the Site and contain all of the terms and conditions relating to any purchases of our products and/or provision of our services you may make through the Site from time to time (each such purchase being an "Online Sale"). 

PLEASE READ THESE TERMS CAREFULLY.  BY ACCESSING OR USING THE SITE, ON BEHALF OF YOURSELF AND/OR YOUR COMPANY, YOU EXPRESSLY ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS YOU MAY NOT ACCESS THE SITE, USE ANY SERVICES AND/OR PURCHASE PRODUCTS FROM US THROUGH THE SITE.  

 These Terms are applicable to all users of the Site, encompassing but not limited to users who are browsers, vendors, customers, merchants, and/or content contributors.

Any new features or tools that are incorporated into the Site will also fall under the Terms. The most recent version of the Terms can be reviewed at any time on this page. We have the right to modify, alter, or substitute any portion of these Terms by posting updates and/or changes to our website. It is your responsibility to periodically review this page for changes, and by your use of this Site, you consent and agree to that responsibility. ALL ONLINE SALES THROUGH THE SITE ARE SUBJECT TO THE TERMS AND CONDITIONS IN EXISTENCE AT THE TIME OF THE SALE.

These Terms also include the terms and conditions set forth in our Privacy Policy, located at shop.swiftliftoutdoors.com/pages/privacy-policy as each may be modified from time to time as set forth therein. Certain areas of the Site and product and service offerings may be subject to additional terms and conditions posted by us on the Site or otherwise made available by us to you. Your continued access to and use of the Site is conditioned upon your acceptance of such additional terms and conditions.

SECTION 1 - TERMS OF THE ONLINE STORE 

By consenting to these Terms, you represent and affirm that you have attained the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have granted us permission to allow any of your minor dependents to access this Site. Our products may not be utilized for any unlawful or unauthorized purposes, nor may you infringe any laws in your jurisdiction (including but not limited to copyright laws) in the course of using the Site. 

A breach or violation of any of the Terms will result in an immediate termination of your use of the Site.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time.

You acknowledge that your information (excluding credit card information), may be transferred in an unencrypted manner and may involve (a) transmissions across various networks; and (b) modifications to comply with and adapt to the technical requirements of connecting networks or devices. 

You agree to refrain from reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Site, usage of the Site, or access to the Site or any contact on the Site through which a service or product is provided, without our explicit written consent.

Please note, the headings utilized in this agreement are included solely for convenience and will not restrict or otherwise impact these Terms.

SECTION 3 - ACCURACY OF SITE INFORMATION

We cannot be held accountable if the information provided on this Site is not precise, comprehensive, or up to date. From time to time, there may be information on our Site that includes typographical mistakes, inaccuracies, or omissions that could pertain to product descriptions, pricing, promotions, offers, product shipping fees, transit durations, and availability. We retain the right to rectify any mistakes, inaccuracies, or omissions, and to alter or update information or cancel orders if any information on the Site or on any associated website is inaccurate at any time without prior notice to you (including after you have placed your order).

We assume no responsibility to update, revise, or clarify information on the Site or on any associated website, including, but not limited to, pricing information, except as mandated by law. No specific update or refresh date applied to the Site or on any associated website should be interpreted to suggest that all information on the Site or on any associated website has been altered or updated.

We have tried to represent the descriptions, specifications, colors and images of our products that are displayed on the Site as accurately as possible. However, such information and descriptions and the content on this Site is intended for general informational purposes only and should not be the sole reference for decision-making without consulting more accurate, complete, or timely sources of information. Any dependence on the material on this Site is at your own discretion and risks.

This Site may include certain historical data. Such historical data, by its nature, is not current and is offered for your reference only. We retain the right to alter the content of this Site at any given time, but we are under no obligation to update any information on our site. You agree that monitoring changes to our Site is your responsibility.

SECTION 4 – PRICING AND AVAILABILITY

All prices are quoted in US Dollars and the pricing of our products is subject to change without notice to you. Company is not responsible for typographical errors. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Company shall have the right to refuse or cancel any order placed for products or services listed at the incorrect price. Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. Prices do not include any present or future sales, use, excise, value-added or similar taxes, which, where applicable, shall be paid by you. Applicable sales taxes and shipping charges (if any) will be stated separately at the time of checkout when placing your order.

We maintain the right to discontinue the Site (or any portion or content of it), and any product or service offered on the Site, at any given time without prior notice.

We bear no liability to you or any third-party for any changes, price adjustments, suspensions, or discontinuation of the Site, products or services.

Specific products or services may be exclusively accessible online via our Site. These offerings may be available in limited quantities and are eligible for return or exchange solely in accordance with our return policy set forth in Section 8.

Any offer for sale of any product or service made on this Site is null and void where prohibited.

SECTION 5 – ORDER ACCEPTANCE; BILLING AND ACCOUNT INFORMATION

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, without any obligation to you, to restrict the sales of our products or services to any individual, geographical area, or jurisdiction. We may implement this right on an individual basis. We also reserve the right to limit the quantities of any products or services that we provide. In addition, we reserve the right at any time after receipt of your order to accept or decline your order for any reason. At our sole discretion, we may limit or cancel quantities bought per individual, per household, or per order. These limitations may cover orders placed by or under the same customer account, the same credit card, and/or orders that utilize the same billing and/or shipping address. In the event of a change to or cancellation of an order, we may attempt to inform you by reaching out to the e-mail and/or billing address/phone number provided when the order was placed. We reserve the right to restrict or reject orders that, in our sole discretion, seem to be placed by dealers, resellers, or distributors.

The Company uses Shopify Inc. as its third party e-commerce platform and secure payment processor. Consequently, Company cannot be held liable for any fraudulent or improper use of your means of payment, over which we have no control. The credit card details provided when the Online Sale is placed are protected, and will be sent through Shopify Inc. directly to the bank responsible for managing the payments. We retain none of your credit or debit card account information. Credit card information is consistently encrypted during transfer across networks.

You agree to promptly update your account and other details, including your email address and credit card numbers and expiration dates, to enable us to finalize your transactions and reach out to you as necessary.

SECTION 6 – SHIPPING

We only ship to the continental United States and Washington, D.C. Except otherwise provided in this Terms, shipping is free when restricted to the continental United States and Washington D.C. Orders given free freight will typically be shipped via Ground (USPS, UPS or FedEx)

Delivery time and dates provided at checkout is an estimated time only and does not guarantee delivery by a specific date or time. No partial refund will be provided for shipments arriving past the estimated delivery date.

Fed Ex, USPS & UPS may not deliver to some rural areas. In such instances, your purchase and shipping method may be subject to additional shipping & handling fees.

SECTION 7 – DISCLAIMER OF WARRANTIES

The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that the Site will be error free nor that any errors in the Site will be corrected. To the extent that Company furnishes advice or other assistance with respect to any the Site or any products or services sold thereon, or any system or equipment in which any such products may be installed, the furnishing of such advice or assistance will not subject Company to any liability, whether in contract, warranty, tort (including negligence), or otherwise.  WITHOUT LIMITING THE FORGOING, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTIBILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND  ANY OTHER WARANTY, EXPRESS OR IMPLIED WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISRE, EXCEPT AS SPECIFICALLY SET FORTH HEREIN. FINALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY PRODUCTS PROVIDED THROUGH THE SITE COMPLY WITH THE REQUIREMENTS OF THE US OCCUPATIONAL SAFETY AND HEALTH ACT, THE CONSUMER PRODUCTS SAFETY ACT, OR ANY OTHER FEDERAL, STATE OR LOCAL STATUTE OR ORDINANCE OR THE RULES AND REGULATIONS ISSUED THEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY COMPANY, OR ANY OTHER PERSON ON COMPANY’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 7.  

SECTION 8 – LIMITATION ON LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTARY CONTAINED IN THESE TERMS OR IN ANY OTHER DOCUMENT OR AGREEMENT, IN NO EVENT SHALLCOMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF USE OF THE PRODUCTS, DAMAGE TO ASSOCIATED EQUIPMENT, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE OR ANY PRODUCTS OR SERVICES PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF SUCH DAMAGES WERE FORSEEN OR FORSEEABLE. AS SOME STATES OR JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR THE LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE CONFINED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM LIABILITY, IF ANY, OF COMPANY FROM ANY CAUSE WHATSOEVER SHALL BE THE ORIGINAL COST OF ANY PRODUCTS SOLD OR SERVICES PROVIDED GIVING RISE TO THE CLAIM.

SECTION 9 – RETURNS AND REFUNDS

Returns: Our return policy is valid for 30 days. Regrettably, if 30 days have elapsed since your purchase, we are unable to provide a refund or exchange. For a return to be eligible, the item must be unused,in the same state as when you received it, and in its original packaging.

In order to process your return, we require a receipt or proof of purchase.

Please note, there are specific circumstances where only partial refunds are granted (if applicable):

• Any item that is not in its original condition, is damaged, or missing parts for reasons not attributable to our error.
• Any item that is returned more than 30 days after delivery.

Refunds (if applicable): Upon receipt and inspection of your returned item, we will send you an email to confirm that we have received it. You will also be notified of the acceptance or rejection of your refund request. If your refund is approved, it will be processed, and a credit will automatically be applied to your credit card or original method of payment within a certain number of days.

Late or Missing Refunds (if applicable): If you have not yet received a refund, we recommend first checking your bank account again. Subsequently, reach out to your credit card company, as it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you have taken all these steps and still have not received your refund, please contact us.

SECTION 10 -  LINKS TO THIRD PARTY SITES

The Site may contain links to the Internet or mobile sites, tools and applications not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites. The inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval. When you access a third party Internet or mobile site, you do so at your own risk. We assume no responsibility or liability for any information, products or services available on or through any third party Internet or mobile site, or for any actions taken by you or others in connection therewith. 

Your usage of any third party websites, tools or applications provided through the Site is entirely at your own risk and discretion. You should ensure that you are acquainted with and consent to the terms under which such third party websites, tools and applications are provided by the respective third-party provider(s).

SECTION 11 -  PROPRIETARY RIGHTS

Company and its suppliers reserve all right, title and interest in and to the Site, including but not limited to all products, services, materials, information, and compilations of information available on or through the Site, as well as any and all domains and sub-domains, the design, layout, graphics, programming code and “look and feel” of the Site, the copyrights, trademarks, service marks, and trade dress appurtenant thereto, all goodwill arising therefrom, and all other intellectual property and proprietary rights of any nature throughout the world embodied therein. You may not modify, reproduce, distribute, sell, or create derivative works based upon the Site, or post any content from the Site to newsgroups, blogs, mailing lists or social networking sites, without our prior written consent. 

From time to time, you may provide us with suggestions, comments, ideas or other feedback for the Site or the products, services or information featured on the Site (the “Feedback”). You acknowledge and agree, on behalf of yourself and your company, that you relinquish all rights in such Feedback, and that Company, its successors and assigns shall be free to use, disclose and otherwise commercialize and exploit such Feedback free of any and all claims by or monetary obligations to you or proprietary, confidentiality or other restrictions of any kind, including without limitation for purposes of developing improvements to Company’s Site, products and services.

SECTION 12 - PROHIBITED USE

In addition to other restrictions outlined in the Terms, your usage of the Site or its content is prohibited for the following: (a) any illegal activities; (b) encouraging others to engage in or partake in any unlawful acts; (c) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon our intellectual property rights or those of others; (e) engaging in behavior that harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) providing false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that could potentially affect the functionality or operation of the Site or any related website, other websites, or the Internet; (h) collecting or tracking others’ personal information; (i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your access to the Site or any related website for violating any of the prohibited uses.

SECTION 13 -  RESTRICTIONS ON RESALE

 You represent and warrant that you will not resell, ship or transfer, directly or indirectly, any of the products or services covered by these Terms, or any technical data applicable thereto, to third parties located in countries to which such resale, shipment or transfer is prohibited by applicable provisions of the United States Export Control Regulations, Trading With the Enemy Act, the Patriot Act or any law or regulation similar to the foregoing.  

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold Company, its officers, directors, owners and employees harmless from and against all allegations, claims, lawsuits, judgments, damages, liabilities, injuries, losses, and costs, including reasonable attorneys’ fees, court costs (including those incurred at the trial and appellate levels or similar proceedings) and other expenses (collectively, “Claims”), to the extent caused by your negligence, willful misconduct, breach of this Agreement, or violation of any law or regulation relating to the Site, or its products and services. 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

We reserve the right to terminate your use of and/or access to the Site at any time and for any reason, with or without prior notice to you, including in the event you violate any provision of these Terms.

The responsibilities and liabilities of the parties that were incurred prior to the termination date will persist beyond the termination of this agreement for all intents and purposes. 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to the Site, or its products and services, constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

These Terms and its provisions are not to be construed more severely against one of the parties than the other.  Specifically, but not by way of limitation, no provision of these Terms is to be construed more severely against the party deemed to be the drafter of such term than against the other party.

SECTION 18 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you any products or services shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to principles of conflicts of law.

SECTION 19 – DISPUTE RESOLUTION

In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail with return receipt requested (or any successor service), a written notice of claim (“Notice”).  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration. THE PARTIES AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA and by a single arbitrator. The Seat of Arbitration shall be the State of Missouri, county of St. Louis. If the claim is for US $5,000 or less, the Parties agree that the claimant may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the claim exceeds US $5,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which any award is based.

SECTION 20 - CHANGES TO TERMS 

You can review the most current version of the Terms at any time at this page.

We hold the right, at our sole discretion, to modify, alter, or substitute any portion of these Terms by posting updates and changes to our Site. It is incumbent upon you to periodically review our Site for changes. Your ongoing use of or access to our Site following the posting of any changes to these Terms signifies your acceptance of those changes.

SECTION 21 -  FORCE MAJEURE

 Company shall not be liable for any delay in or impairment of performance resulting in whole or in part from fire, floods or other catastrophes, strikes, lockouts or labor disruption, wars, riots or embargo delays, government allocations or priorities, mill conditions shortages of transportation equipment, fuel, labor or materials, inability to procure supplies or raw materials, severe weather conditions, or any other circumstance or cause beyond the control of the Company in the reasonable conduct of its business.

SECTION 22 – ASSIGNMENT

You may not assign these Terms Use or assign or delegate any right or duty under these Terms, in whole or in part, without our prior written consent.  Any attempted assignment or delegation shall be null and void from the beginning and without effect.  We may assign these Terms or any right or duty under these Terms, with or without notice to you, including to any affiliate or successor in interest of ours.  Subject to the foregoing, these Terms shall be binding on and inure to the benefit of you and us, and each of your and our respective heirs, administrators, successors and permitted assigns. 

SECTION 23 – THIRD PARTY BENEFICIARIES

Nothing contained in these Terms, express or implied, is intended or shall be construed to give any third party any rights or remedies under or by reason of these Terms. Notwithstanding the foregoing, the disclaimers and limitations on liability under these Terms shall extend to Company, its directors, officers, employees, agents, affiliates, and suppliers. All references to Company in connection therewith shall be deemed to include such persons and entities as third party beneficiaries entitled to accept all benefits afforded thereby.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms, the Site or any of the products or services provided through the Site should be sent to us at info@swiftliftoutdoors.com.

Company Name: Roeslein SwiftLift, LLC

Address: 9200 Watson Rd., Ste 200, St. Louis, MO 63126