Terms Of Purchase


Terms of purchase
Outex.com 3.0 Terms of Sale and Service



All products purchased from Outex® ("us," "we," or "the Company") through this website (the "Site") are subject to these Terms of Sale and the Privacy Policy. Outex is made by Lucare Corporation, a California, USA Company. By purchasing any products, you signify that you have read, understand and agree to be bound by the Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. You should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on THIS SITE.




PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Site Account
To make a purchase on the Site, you may be required to create an account. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. We reserve the right to terminate accounts at any time in our sole discretion.



Payment Method and Terms
We accept credit cards and debit cards as direct forms of payment. By submitting an order through the Site, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount.



3. Orders & Cancellation

We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is canceled, or if additional information is required to accept your order.



Delivery
Outex processes & ships in-stock orders within 24-48 business hours from when they are placed online. Outex uses third-party delivery partners such as USPS, FedEx, etc, and calculates delivery pricing based on weight, dimensions, and shipping address from third-party APIs. All orders are shipped from our headquarters by Outex staff or regional partners. Outex offers shipping alternatives from regional partners outside the United States of America. Under special circumstances, such as large quantity orders, your delivery may arrive via a special delivery service. If you have any unique shipping requests, please contact our offices.



Resale
Purchases made on the Site are intended for end users only. Products sold through this Site are not authorized for resale. Unauthorized resale voids product’s warranty and terms of service.



Refunds
All sales are final. We will replace any damaged products. Please do not accept any products that appear damaged from shipping. If you receive any damaged product please contact us at: 1-818-583-7731 during regular business hours: M-F 9am – 5pm PST. We reserve the right, in our sole discretion, to limit or deny requests for replacement product in the event of fraudulent or abusive behavior.



7. Manufacturer’s Warranty
All Outex products are guaranteed against manufacturing defects for 60 days from the date of purchase. If you find any product problems, please contact Outex’s support team.

LIMITATIONS:

The Outex product seal is certified to withstand underwater pressure up to 33 feet (10 meters). Outex is not designed to act as scuba-diving gear or to withstand extreme conditions such as high-surf (large, 6ft.+ waves), direct impact such as paint-ball pellets, sharp objects, etc. Such excessive water pressure or conditions may prevent certain functions of the camera, create puncture breaches, break glass, or other damage, and therefore voids the product’s warranty.

Outex covers are not transparent. It therefore requires that the user control the camera’s functionality by tactile feel rather than visually.

The Outex latex cover reacts naturally with petroleum based derivatives. Avoid direct contact with any such petroleum-based products. Examples include kerosene, gasoline, Vaseline, etc. Use of petroleum based products voids the warranty.



Taxes
You will be responsible for any applicable sales, use, or value-added taxes, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on at the time of the transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such transaction.



Indemnity
Outex is not insurance. As you can see from our customers around the world, the product works as designed. If you're interested in protecting your equipment further, you can purchase insurance from a number of providers.

You agree to indemnify and hold Outex, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your purchase or use of the products, or from a breach of terms of these Terms of Sale or your representations and warranties. You agree to hold Outex harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of these Terms of Sale.



Disclaimers
PRODUCTS ARE PROVIDED OR SOLD "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Outex by Lucare DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Outex by Lucare DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE, THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Outex.



Limitation on Liability
UNDER NO CIRCUMSTANCES WILL OUTEX BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OUTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF YOUR PURCHASE OF PRODUCTS ON THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR PRODUCTS PURCHASED HEREUNDER, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOUR BREACH OF THESE TERMS OF SALE. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, OUTEX’S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO OUTEX FOR PRODUCTS HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.



General
These Terms of Sale and the Privacy Policy constitute the entire agreement between you and Outex and governs your purchase of products from Outex, superseding any prior agreements between you and Outex. These Terms of Sale will be governed by the laws of the State of California, without giving effect to its conflict of laws or choice of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Sale will be filed in a court of competent jurisdiction sitting in Los Angeles County, California. Both parties consent to exclusive jurisdiction in that county. The failure of Outex to exercise or enforce any right or provision of the Terms of Sale will not constitute a waiver of such right or provision. If any provision of the Terms of Sale is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms of Sale shall remain in full force and effect.



Effective Date: April 7, 2014


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