Terms of Sale

TERMS OF SALE 

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND RESPONSIBILITIES, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOUR PURCHASE OF GOODS FROM CARVE TENNIS LLC. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS, OUR WEBSITE TERMS OF USE, AND THE PRIVACY POLICY.

These terms of sale (these "Terms") apply to the purchase and sale of products and goods through www.carvesports.co (the "Website"). These Terms are subject to change by Carve Tennis LLC, a Wisconsin limited liability company (the “Company”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products through this Website (see Section 7).

1. Orders; Acceptance and Cancellation. 
1. By placing an order with us, you agree to these Terms, our Website Terms of Use, and the Privacy Policy. You agree that your order is an offer to buy, under these Terms, all products and goods 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 not to accept any orders in our sole discretion. After having received 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 the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting customer support at support@carvesports.co.
2. All orders must be accepted by us and we are not obligated to sell the products or goods to you. The Company reserves the right to reject any order at any time in its sole and absolute discretion. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE WEBSITE OR ON ANY RELATED SITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).
2. Prices and Payment Terms. 
1. All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. 
2. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
3. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards and debit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
3. Shipments; Delivery; Title and Risk of Loss. 
1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. 
2. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 
4. Returns and Refunds. 
1. Except for any products designated on the Website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) calendar days of delivery and provided such products are returned in their original condition. To return products, please email support@carvesports.co with your order number and the reason for your return, or follow the link in your customer account (https://account.carvesports.co/orders). No returns of any type will be accepted without prior authorization from the Company.

• Any authorized return is subject to inspection and acceptance at our delivery point. All products or goods must be returned in their original condition. Any authorized credit adjustments will apply only if the product is returned in the same condition in which it was shipped. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

1. Refunds shall be processed within fifteen (15) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.

WE OFFER NO REFUNDS ON ANY PRODUCTS ON ANY PRODUCTS OR GOODS OTHERWISE DESIGNATED ON THIS WEBSITE AS “FINAL” OR “NON-REFUNDABLE” OR CONTAINING SIMILAR PHRASES.

1. LIMITED WARRANTY. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR THE DURATION OF THE WARRANTY PERIOD. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS SECTION 5. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, VENDORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. Except as set forth herein or in accordance with Wisconsin law, Carve Tennis further disclaims all liability and damages of any kind related to use of our products and by purchasing such products you hereby waive any rights, claims, causes of action or otherwise you may have against Carve Tennis related to your use of the products. These Terms of Sale give the consumer specific legal rights; a consumer may have other rights depending upon where he or she lives. Some jurisdictions do not allow the exclusion or limitation of special, incidental or consequential damages, or limitations on how long a warranty lasts, so the above exclusion and limitations may not apply to everyone. FOR THE AVOIDANCE OF DOUBT, THE AGGREGATE LIABILITY CARVE TENNIS SHALL HAVE TO YOU FOR USE OF ITS PRODUCT(S) SHALL NOT EXCEED THE PRICE YOU PAID FOR SUCH PRODUCT(S).
1. Persons Covered: This limited warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
2. What Does This Warranty Cover: This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Website.
3. What Does This Warranty Not Cover: This limited warranty does not cover any damages due to your: (i) transportation of any product; (ii) storage of any product; (iii) improper use; (iv) exposure to climate, temperature, moisture and humidity; (v) failure to follow the product instructions or to perform any preventive maintenance; (vi) modifications; (vii) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Company; (viii) normal wear and tear; (ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control. 
4. Warranty Period: This limited warranty starts on the date of your purchase and lasts for six (6) months from the date of purchase ("Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion.
5. Remedies: With respect to any defective products during the Warranty Period, we may in our sole discretion, either: (i) repair or replace such products (or the defective part) subject to shipping and handling charges, or (ii) refund the purchase price of such products. 
6. Service: To obtain warranty service you must contact us at support@carvesports.co during the applicable Warranty Period to obtain prior authorization. No warranty service will be provided without prior authorization from Company.
7. Certain Limitations: THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF USE, ENJOYMENT, PRODUCTION, WORK,  DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT PRODUCTS OR GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
8. Disputes: The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
2. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. Products purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations  (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
3. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://carvesports.co/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products through the Website.
4. Changes to Terms of Sale. THE COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS OF SALE FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE WHEN THE COMPANY POSTS THE REVISED TERMS OF SERVICE AS PART OF THIS WEBSITE. THE MOST CURRENT VERSION OF THE TERMS OF SALE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF SALE” HYPERTEXT LINK LOCATED IN THE HOME PAGE FOR THE WEBSITE. CUSTOMERS SHOULD CHECK THE TERMS OF SALE FROM TIME TO TIME, AS THEY ARE BOUND BY THE TERMS OF SALE AND ANY CHANGES THERETO. ANY REVISED TERMS OF SALE SHALL SUPERSEDE ALL PREVIOUS VERSIONS.
5. Force Majeure.  Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; a (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the control of the Impacted Party. The Impacted Party shall give notice within thirty (30) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. If the Impacted Party's failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section 9, either party may thereafter terminate this Agreement upon thirty (30) days' written notice.
6. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin.
7. Dispute Resolution and Binding Arbitration.

• YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

1. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11 (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section 11.
2. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Neither party shall be entitled to an award of attorneys’ fees as the prevailing party or otherwise, and each party shall be responsible for all legal costs and expenses associated with maintaining such arbitration proceeding.
3. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
4. Any will be governed by the laws of the State of Wisconsin, USA. The place of arbitration will be Milwaukee County, Wisconsin. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor Carve Tennis nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and Carve Tennis.
5. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. The Company may assign its rights and obligations under these Terms without your knowledge or consent.
2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
4. Notices.
1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, (ii) sending mail to any postal address you provide, or (iii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Terms, you must contact us by email at support@carvesports.co. Notices provided by email mail will be effective we you send the email and we have confirmed receipt thereof.
5. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
6. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.