Terms of Sale
By purchasing items through the Site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS. If you do not agree to all of the terms and conditions outlined in these Terms of Sale, do not purchase any items through the Site.
1. Availability and Pricing
All items offered for sale through the Site are subject to availability. We reserve the right to discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S. dollars with applicable Taxes and any applicable additional charges. All prices are subject to change without notice.
If an item you are interested in purchasing an item not listed on the Site or is listed as "Contact Us" on the Site, it may be available for ordering from our in-store inventory or as a special order. Please contact us or email us at firstname.lastname@example.org for availability.
You are responsible for any applicable sales taxes for your purchase of items through the Site. We will present an estimate of Taxes to be collected at checkout, but the actual taxes charged may be adjusted from the amount shown at checkout.
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by sending us an email. If any of the items in your order are unavailable, we will charge only the prices, Taxes, and other applicable charges associated with the items that are included in the shipment.
4. Shipping and Handling
You agree to pay any applicable shipping and handling charges that may be shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, the risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location.
5. Returns, Exchanges, and Refunds
We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchase through the Site, you may return such item (accompanied by your sales receipt) within 14 days of the date on which the item was delivered to you and elect to (i) exchange the item for another item available for purchase through the Site, (ii) receive a refund in the amount you paid for the item, or (iii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. If you return an item to us after such 14-day return period, but between 15 and 30 days of the date on which the item was delivered to you, you may still return the item and elect either to exchange the item for another item available for purchase through the Site or to receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site.
Alternatively, you may return an item purchased through the Site at our store and receive a credit or refund according to these Terms of Sale. Returns and exchanges must be accompanied by either a physical or emailed receipt.
Please note that all refunds will be issued to the original form of payment, except that cash purchases will be refunded by a company check. All items returned to us must be unaltered, unworn, and in a saleable condition. Also, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return such as engraved or special orders unless deemed defective.
We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. Please note that:
7. Disclaimers; Limitation of Liability
Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied. Evermark will not be liable under any theory of liability—whether based in contract, tort, negligence, or otherwise.