TERMS OF SALE
Please read and review these terms and conditions of sale carefully before purchasing products from Legend Rotary through our website (www.legendrotary.com) (the "Site"). The Site is operated by Legend Rotary, its subsidiaries and affiliates (collectively, “us”, "we", or simply "Legend"). By visiting, accessing or using Legend's websites or services, or the mobile versions of either, you ("Customer") signify that you have read, understand and agree to be bound by the Terms of Usage (as indicated in the Website Usage Policy). These Terms of Sales (the "Terms" hereof) apply to the purchase and sale of products from our Site. This document contains important information regarding your rights, obligations, conditions, limitations, and exclusions that may apply to you. Please read through this document carefully and thoroughly.
By placing an order for products or services from this Site, you accept and are bound by these Terms of Sale.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
DO NOT ORDER PRODUCTS FROM LEGEND ROTARY AND ON THIS SITE IF YOU:
- Do not agree to these Terms of Sale,
- Are under the age of 18 years old; and/or
- Are prohibited by applicable law from accessing this Site or using or possessing any of our products.
These Terms are subject to change without prior written notice at any time. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any product. Your continued viewing, searching of products, and/or purchases of products from our Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Acceptance of Order
Your order is an offer to buy or purchase, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose to refuse service and acceptance of any orders, using our sole discretion. After we receive your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Legend Rotary and you will not take place unless and until you receive an order confirmation email from us and, if applicable, provided any verification information required by us. Once a confirmation has been sent to you, you will not be able to cancel the order. On the other hand, we may choose to cancel an order if it is determined to be suspicious of fraudulent activity.
All prices posted on our Site are subject to change without notice. The pricing charged for a product or service will be the price in effect at the time your order is placed and will be set out in your order confirmation email. We reserve the right to refuse service and the right to cancel any orders arising from typographical errors in any offer by us.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that:
- The information to your account details and your credit are true, correct, and complete,
- You are duly authorized to use the credit card or payment service account for the purchase,
- Charges incurred by you will be honored by your credit card company or payment service provider; and
- You will pay charges incurred by you at the posted prices, including all applicable taxes, shipping charges, and fees if necessary.
We collect sales tax (where applicable) on all orders based on where the billing address of that order is. If you are a wholesaler or a reseller, you must provide a valid resale certificate or license in the order for us to not charge you any applicable sales taxes.
Products purchased through our Site cannot be shipped to any PO Box addresses. For that reason, you must provide us with a physical delivery address. We will arrange for shipment of the products to you. Available shipping options for products will be displayed at the Cart's check out page. Generally, we will ship orders of in-stock items within one to two business days. We are only open from Monday through Friday and will not ship orders on weekends.
Title and risk of loss pass to you upon our transfer of the products to the carrier and delivery company. Shipping and delivery dates are estimates provided by the shipping company. However, these estimates are not guaranteed. Deliveries may be delayed due to events outside of our control, such as inclement weather, natural disasters, or terrorist attacks. We are not liable for delays in deliveries. All duties and taxes are you responsibility and must be paid by you unless otherwise noted at checkout.
Delivery and Freight
All delivery dates quoted on this website are estimates only. For freight shipments and delivery, charges from Legend Rotary's warehouse shall be paid as a separate item and are not included in our pricing details unless specifically stated. Legend Rotary reserves the option to make partial deliveries in separate shipments if necessary, and the customer shall accept these unless otherwise specifically agreed to by Legend.
Returns and Refunds
Except for any items designated on the Site as non-returnable or any products that are configured to order or customized, we will accept a return of the item(s) for a refund of your purchase price, with a subtraction of the original shipping charges, provided such return is made within 21 calendar days of the invoice date. The acceptance of the return is also contingent on the item(s) being returned to be in their original, unopened, unused, and undamaged condition. We cannot accept ANY returns of items that have been opened or used unless they are defective. To return products, you must also return the product to us with its original packaging, including any accessories, manuals, instructions, or other items that were shipped with the product. You are responsible for all shipping and handling charges on returned items unless the product is defective and subject to the limited warranty set forth below. You bear the risk of loss during shipment.
Refunds generally will be processed within approximately 4 to 7 business days of our receipt of your merchandise (so long as the merchandise is returned in original condition and returned within 21 days of the invoice date). Your refund will be provided as a store credit or credited back to the same payment method used to make the original purchase on the Site.
To return products, you must contact us directly at firstname.lastname@example.org. For more details regarding the return process and policy, review our Shipping & Returns Page.
WE DO NOT PROVIDE REFUNDS OR EXCHANGES FOR ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE OR ON ANY PRODUCTS THAT ARE CONFIGURED-TO-ORDER OR CUSTOMIZED.
You have read, acknowledged, and agree that:
- We, our suppliers, and our manufacturers own all the rights, title, and interest, including the Intellectual Property Rights, in or to the products produced, marketed, promoted, and/or sold through the Site. For the purpose of this Agreement, "Intellectual Property Rights" means any and all of the following:
- Rights associated with works of authorship throughout the universe, including but not Limited to copyrights,
- Trademarks and trade name rights or other similar rights associated,
- Trade secret rights; and
- Patents, designs, and other industrial property rights.
- You will not have and, by any reason or your purchase, will not have or acquired any ownership of any Intellectual Property Rights in or to the products marketed or sold through the Site and by Legend Rotary.
- You will not distribute, republish, or reproduce all or any part of the products; remove any proprietary notices, labels, cautions, or marks on any product or any component of any product; reverse engineer, decompile, disassemble, or otherwise attempt to reproduce chemically or to copy the products or any components of the products.
Resale and Export
If you are a wholesaler or a reseller, you must provide us with a valid, current resale certificate in order for us not to charge you applicable sales taxes.
You agree to comply with all applicable laws and regulations of the various states and of the United States and any country into which you import any products you purchase through the Site. You understand that you are wholly and exclusively responsible for compliance with any resale, exportation, importation, distribution, marketing, labeling, licensing, and registration laws applicable to any products you purchase through the Site. You further agree to indemnify, defend, and hold harmless Legend Rotary, and its officers, employees, partners, agents, and suppliers from and against any and all causes of action, liabilities, claims, costs, damages, and expenses arising out of or related to, directly or indirectly, with your misuse of the products, your importation, storage, marketing, sale or distribution of the products, and your failure to comply with any applicable law, regulation, or industry standard regarding the export, import distribution, marketing or sale of the products.
Customer agrees to indemnify and hold Legend Rotary harmless from any claim brought by Customer's customer against Legend Rotary.
Limits of Liability
It is understood and agreed that Legend Rotary’s liability whether in contract, tort, warranty, negligence or otherwise shall not exceed the amount paid by Customer. Under no circumstances shall Legend Rotary be liable for special, indirect, punitive, or consequential damages. The price stated on the subject invoice for the purchased products is a consideration limiting Legend Rotary’s liability. No action, regardless of form, arising out of the transactions under each invoice may be brought by Customer more than one year after the date of each invoice.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT LEGEND ROTARY SHALL NEVER BE HELD TO BE OBLIGATED OR LIABLE UPON OR UNDER ANY GUARANTIES OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS UNDER ANY STATE’S UNIFORM COMMERCIAL CODE IN ANY MANNER OR FORM. CUSTOMER IS MAKING THIS PURCHASE AFTER AND IN RELIANCE ON ITS FULL AND COMPLETE EXAMINATION OF THE MERCHANDISE, AND NOT BY REASON OF ANY REPRESENTATION AS TO ITS MERCHANTABILITY, SPECIFIC ATTRIBUTES OR OTHERWISE, MADE BY OR ON BEHALF OF THE SELLER.
- Customer may not list or resell any of Legend Rotary's products on any online 3rd party marketplace without Legend Rotary's prior written consent.
- With the purchase of Legend Rotary's merchandise or products, Customer must adhere to Legend Rotary's Minimum Advertised Price (MAP). For details and information regarding MAP policy, please email us at email@example.com
We will not be liable or responsible to you for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or as a result of acts or circumstances beyond our reasonable control, including, without limitation, natural disasters, floods, fires, earthquakes, acts of God, governmental actions, war, invasion or hostilities, terrorist threats or acts, riots or other civil unrest, national emergencies, revolutions, pandemics, lockouts, strikes, or other labor disputes, telecommunications outages, power outages, or delays that may affect shipping carriers.
Titles and Headings
Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.
Date of Last Revision: July 22, 2021