Terms of Service
Last updated (Aug. 1, 2020)
THE LEGAL AGREEMENTS SET OUT BELOW GOVERNS YOUR PURCHASES FROM MACK'S FACTORY LLC. BY USING OUR SITE YOU AGREE TO THE FOLLOWING TERMS OF SERVICE.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following A. Terms of Purchase and B. Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
• PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return, credit, or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of MACK'S FACTORY. We reserve the right to discontinue any product at any time. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Any offer for any product or service made on this site is void where prohibited.
• ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
Mack's Factory LLC ("MACK'S FACTORY") accepts these forms of payment: CREDIT CARDS issued by U.S. & International banks and PayPal. If a credit card is being used for a transaction, MACK'S Factory LLC may obtain pre-approval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction.
The customer agrees to pay for all products purchased through MACK'S FACTORY, and MACK'S FACTORY may charge the customer’s credit card for any products purchased and for any additional amounts (including any taxes, as applicable) that may be accrued by or in connection with the purchase. THE CUSTOMER IS RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MACK'S FACTORY WITH A VALID CREDIT CARD OR PAYPAL FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account designated by the customer during the transaction.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall.
– Shopify Payments
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
The total price will include the cost of the product plus any applicable sales taxes; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the product and will be billed later on should you relocate prior to delivery of the product.
Handling costs are remitted at the time payment is made. It can take approximately 2-10 business days for handling to process your order before shipment if your merchandise is in-stock. MACK'S FACTORY is free from liability or obligation for the delay in handling due to supply difficulties emanating from any force majeure event or occurrence.
All prices are subject to change without notification. MACK'S FACTORY does not provide refunds, partial refunds, or credits in the event of any delays. We occasionally run promotion prices as incentives or limited time opportunities for qualifying purchases made during the promotional time. Due to the time-sensitive and promotional nature of these events, we are unable to offer price protection or retroactive discounts, refunds, or in-store credit for previous purchases in the event of a price reduction or promotional offering.
All orders for products are subject to availability. We make every effort to display accurate product availability on the website but stock levels are subject to change without notification. Please note that the product is not reserved until your order has been confirmed. The product placed in your basket is not reserved and may be purchased by other customers before you finish your purchase.
• RETURN and EXCHANGE POLICY
We love what we do and we want you to love your gear! Please email us at email@example.com to get the refund or exchange process started!
Brand new, in package, with no visible wear, may be returned within 30 days after arrival from store. When we receive the goods, we will give you a refund.
No restocking fee to be charged to the consumers for the return of a product.
Please note all shipping costs are non-refundable and customers are responsible for return shipping of new unopened products.
Our policy lasts 30 days. If 30 days have gone by since your product(s) have been delivered, unfortunately we can’t offer you a refund of any kind.
To be eligible for a return, your item must be unused and in the same condition as received. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted (if applicable) Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Once we receive returned packages they are inspected & will be processed within 3-6 business days. You will then be given a store credit or a charge back of the amount of the item at the time of purchase minus shipping charges. We are not responsible for any shipping costs, the customer is responsible for all shipping costs. Store credit will be emailed to the customer's email account that was created at checkout. Please note that all store credits will expire after a year!
MACK'S FACTORY aims for the highest level of quality and control, but sometimes there can be mistakes - MACK'S FACTORY takes responsibility for defective workmanship and faulty materials. In cases like these, we will be happy to exchange the item for the same item or another item of equal value if applicable. As long as you have receipt of purchase we guarantee the construction of our product but only if you have not altered it in any way.
Photographic proof must accompany any and all requests for an exchange due to defective workmanship, faulty materials, or size fitment issues.
Defective items must be returned in original packaging with all original printed items, hologram stickers, and inserts, and must NOT be altered. Goods must be purchased through MACKSFACTORY.com to be eligible.
In certain situations MACK'S FACTORY may require you, after your request for exchange is approved, to destroy the item and send us Photographic proof in lieu of returning the defective item. DO NOT DESTROY THE ITEM BEFORE INSTRUCTED.
The customer is responsible for shipping & handling costs on all Returns and Exchanges unless approved by MACK'S FACTORY. By purchasing the item(s), the customer understands and accepts this policy on defective manufacturing or materials.
Items purchased through an outside vendor must be handled directly through them and will not be accepted by MACK'S FACTORY.
MACK'S FACTORY reserves the right to deny any exchange for any reason.International customers:
• PRE-ORDERS AND RESERVATIONS
MACK'S FACTORY does not do pre-orders or product reservations. In addition we do not authorize our outside vendors or resellers to do pre-orders or product reservations. We only sell products when they are in stock.
• ELECTRONIC CONTRACTING
The customer’s purchase of goods from MACK'S FACTORY includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
MACK'S FACTORY LLC is not responsible for either typographic or graphical errors.
THIS LEGAL AGREEMENT BETWEEN YOU AND MACK'S FACTORY LLC (“MACK'S FACTORY”) GOVERNS YOUR USE OF THE MACK'S FACTORY WEBSITE (THE “SITE”).
MACK'S FACTORY WEBSITE SERVICE
MACK'S FACTORY is the provider of the Site, which permits you to purchase merchandise (“Products”) for end-user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE WEBSITE
This Website is available for individuals aged 18 years or older.
The Website is available Internationally, where permitted by law. MACK'S FACTORY LLC may use technologies to verify compliance.
Use of the Website requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates, and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for high-definition content. The latest version of your browser software (Google Chrome, Microsoft Internet Explorer, Firefox, Safari, et al.) is recommended to access the Website and may be required for certain transactions or features and to obtain Products previously purchased from the Website. You agree that these requirements, which may change from time to time, are your responsibility. The Website is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Website.
As a registered user of the Website, you may establish an account (“Account”) through Shopify, MACK'S FACTORY's eCommerce Provider. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify MACK'S FACTORY and Shopify of any security breach of your Account. MACK'S FACTORY LLC and Shopify shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Website (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that MACK'S FACTORY and Shopify may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
MACK'S FACTORY LLC reserves the right to change content options without notice.
SUBMISSIONS TO THE WEBSITE
The Website may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Website accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Website. You hereby grant MACK'S FACTORY LLC a worldwide, royalty-free, nonexclusive license to use such materials as part of the Website, and in relation to Products, without any compensation or obligation to you. MACK'S FACTORY LLC reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
MACK'S FACTORY LLC has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Website, to investigate any reported or apparent violation of this Agreement, and to take any action that MACK'S FACTORY LLC in its sole discretion deems appropriate, including, without limitation, termination.
Certain content, Products, and services available via the Website may include materials from third parties. MACK'S FACTORY LLC may provide links to third-party websites as a convenience to you. You agree that MACK'S FACTORY LLC is not responsible for examining or evaluating the content or accuracy and MACK'S FACTORY LLC does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that MACK'S FACTORY LLC is not in any way responsible for any such use by you.
You understand that by using the Website, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Website at your sole risk and MACK'S FACTORY LLC shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and you agree that MACK'S FACTORY LLC does not guarantee their accuracy.
You agree that the Websites, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Website, contains proprietary information and material that is owned by MACK'S FACTORY LLC and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Website in compliance with this Agreement. No portion of the Website may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website in any manner, and you shall not exploit the Website in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, MACK'S FACTORY LLC and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Website at any time without notice. In no event will MACK'S FACTORY LLC be liable for making these changes. MACK'S FACTORY LLC may also impose limits on the use of or access to certain features or portions of the Website, in any case, and without notice or liability.
All copyrights in and to the Website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by MACK'S FACTORY LLC and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE WEBSITE, EXCEPT FOR USE OF THE WEBSITE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
MACK'S FACTORY LLC, the MACK'S FACTORY LLC logo, EQUIPMENT DIVISION, and other MACK'S FACTORY LLC trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of MACK'S FACTORY LLC Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail, or MACK'S FACTORY LLC suspects that you have failed, to comply with any of the provisions of this Agreement, MACK'S FACTORY LLC, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the sale; and/or (iii) preclude access to the Website (or any part thereof).
MACK'S FACTORY LLC reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and MACK'S FACTORY LLC will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
MACK'S FACTORY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MACK'S FACTORY MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY MACK'S FACTORY LLC) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL MACK'S FACTORY LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MACK'S FACTORY LLC LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
MACK'S FACTORY LLC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MACK'S FACTORY LLC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
MACK'S FACTORY LLC DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ANOVOS DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THE ITUNES STORE THAT ARE STORED IN YOUR SYSTEM.
WAIVER AND INDEMNITY
BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD MACK'S FACTORY LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR ANY ACTION TAKEN BY MACK'S FACTORY LLC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM MACK'S FACTORY LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MACK'S FACTORY LLC CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
MACK'S FACTORY LLC reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Website. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Website will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and MACK'S FACTORY LLC and governs your use of the Website, superseding any prior agreements between you and MACK'S FACTORY LLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MACK'S FACTORY LLC’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. MACK'S FACTORY LLC will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Website is operated by MACK'S FACTORY LLC from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Website. All transactions on the Website are governed by Arizona law, without giving effect to its conflict of law provisions. Your use of the Website may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MACK'S FACTORY LLC or relating in any way to your use of the Website resides in the courts of the State of Arizona. No MACK'S FACTORY LLC employee or agent has the authority to vary this Agreement.
MACK'S FACTORY LLC may notify you with respect to the Website and our Products by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Website. Notices shall become effective immediately.
MACK'S FACTORY LLC reserves the right to take steps that MACK'S FACTORY LLC believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that MACK'S FACTORY LLC has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as MACK'S FACTORY LLC believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
Our team is always happy to help you with any questions you may have.
Mack's Factory llc