Terms of Sale

Below you will find a copy of our most up-to-date Terms of Sale

Effective as of October 11, 2017. Last Updated July 26, 2020

In addition to the Terms of Use which governs your use of this website (the “Website”), these Terms of Purchase govern any order or purchase you (the individual completing this order, “you” or “Buyer”) make on the Website operated by Black Buck Apparel, LLC (“we” or “our” or “us”). By proceeding to place an order and accepting these Terms of Purchase, you agree to be bound by these Terms of Purchase whether or not you have read them. If you do not agree to these Terms of Purchase, proceed to cancel your order now. Please print a copy of these Terms of Purchase for your records.

IMPORTANT NOTICE

PLEASE READ THE GENERAL CONDITIONS OF SALE SET FORTH BELOW VERY CAREFULLY. THE GENERAL CONDITIONS OF SALE FOR BLACK BUCK APPAREL, LLC PRODUCTS PURCHASED THROUGH THE WEBSITE (DEFINED BELOW) ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CLIENT (DEFINED BELOW) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND BLACK BUCK APPAREL, LLC HEREBY GIVES EXPLICIT NOTICE OF OBJECTION TO THEM AND REJECTION OF SUCH TERMS.

BY SUBMITTING ANY ORDER THROUGH THE WEBSITE, CLIENT AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.

1. ORDER PROCESS

All advertisements on the Website are invitations to purchase and not offers to sell. We reserve the right, at our sole discretion, to accept or reject the order once the order form has been completed and submitted.

 Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by us but does not constitute acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason and we will contact you at the e-mail address provided in the order form of our decision to accept or reject your order. In the event that we reject the order, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order.

2. AVAILABILITY

The purchase of products on the Website is subject to availability. In the event that we advise you that such products are no longer available, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order.

3. PRICE AND PAYMENT

The prices indicated on the Website are denominated in US Dollars. During the Buyer’s check-out process, when the Buyer has added the Product to the Buyer’s shopping cart, and after the Buyer has indicated the shipping address, we will show the Buyer whether the we will charge sales tax, or not. Please refer to the FAQs section of the Website for a description of our return process which is hereby incorporated by reference. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.

We will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement. Payment must be made using the methods indicated on the Website.

4. METHOD OF PAYMENT

When placing an order, your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order. On the Site (including its mobile version), you may pay for your purchase using a valid VISA, MasterCard, American Express, or Discover card. We also accept PayPal, Apple Pay or Google Pay. When placing an order you authorize us to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and we will have no obligation to fulfill your order.

5. SHIPMENT

Your order will be shipped to the U.S. delivery address specified by you during the order process. We are not responsible for any loss of the products following shipment from us or our agents’ or mandataries’ facilities to your delivery address.

6. RETURNS

For online purchases, we will accept Products in their original condition for a refund of the purchase price when accompanied by the original invoice.

Products must be returned within 14 days from the date of delivery to Black Buck Apparel, LLC within the United States.

Any Product that has been worn, used, altered or damaged will not be accepted.

To the maximum extent permissible under applicable law, we reserve the right to refuse return of any Product that does not meet the above return requirements in our sole discretion.

Merchandise returned to Black Buck Apparel, LLC will be processed within 7-10 business days of receipt. A confirmation email will be sent once the Buyer’s account has been credited. Refunds may only be issued in the same form as was utilized for payment. Please note the original shipping charges incurred at the time of purchase are non-refundable.

To request a refund sign into your Account and navigate to the orders page and click “Request Refund” on the order you would like refunded, You can sign into your account here: MyBucks Account

7. EXCHANGES

Merchandise may be return within 14 days of delivery date. Due to the nature of online sales we do not process exchanges. The Buyer must return the item and may purchase the new item.

You can request a refund here: MyBucks Account

8. PASSWORDS

You are responsible for the security of your account and password. Black Buck Apparel, LLC will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password

9. PRIVACY

Our personal information practices on the Website are governed by our Privacy Policy. Please review the Privacy Policy and print a copy for your records.

10. LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL BLACK BUCK APPAREL, LLC BE LIABLE FOR ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS TERM MAY BE VOID, INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART IN THE STATE OF TEXAS.

 BLACK BUCK APPAREL, LLC GIVES TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO BLACK BUCK APPAREL, LLC HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS.

TO THE FULL EXTENT PERMITED BY APPLICABLE LAW, WITHOUT LIMITING ANY OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR APPLICABLE LAW

11. APPLICABLE LAW

This Agreement will be governed by the laws of the State of Texas. The exclusive jurisdiction for any claim, action or dispute with Black Buck Apparel, LLC or relating in any way to your use of the Website or a purchase made on the Website will be in the state and federal courts of the State of Texas and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the City of Katy, Texas. All parties to this Agreement waive their respective rights to a trial by jury.

12. GENERAL

Except for the Terms of Use which governs your use of the Website, these Terms of Purchase along with your purchase order/invoice are the entire agreement between you and Black Buck Apparel .LLC with respect to any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto. No failure by Black Buck Apparel, LLC  to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Black Buck Apparel, LLC will not be liable for any delay or failure to perform any of its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its control. You may not assign these Terms of Purchase to any third party without the prior written consent of Black Buck Apparel, LLC. These Terms of Purchase will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Black Buck Apparel, LLC and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Purchase, the wording in these Terms of Purchase will prevail.

You may contact Black Buck Apparel at support@blackbuckapparel.com

 

Find our Privacy Policy here.

Find our Terms of Use here.