Website Terms and Conditions
Welcome to the website of Soteria Equestrian Safety, LLC. By visiting our website or purchasing the products offered for sale at soteriausa.com (the “Website”), you agree to be bound by these Terms and Conditions. You must read these Terms and Conditions fully before using the Website or purchasing goods or services offered for sale on the Website. This agreement is effective as of October 1, 2015 and replaces and supersedes all previously posted terms and conditions.
Purchase of Goods Through the Website
A. By completing the ordering process on the Website and paying for the goods you order, you agree to purchase the product or products selected by you and at the price displayed on the checkout page.
B. By completing the checkout process on the Website, you agree to pay the price displayed in connection the product or products being purchased, in a form of payment accepted by Soteria Equestrian Safety. Unless otherwise agreed, payment in full must be received before the products you have ordered will be shipped. If credit is agreed and payments are not made when due, the you agree to pay, in addition to the overdue payment, a late charge equal to the lesser of one and one-half percent (1.5%) per month or the highest applicable rate allowed by law, whichever is lower, on such overdue payments. Any unpaid amounts are subject to collection charges (including reasonable attorney’s fees) in addition to the balance and late charges due.
C. When you provide banking, credit card, or other similar financial or account information in connection with a purchase through the Website, you represent and warrant that the information is accurate. Occasionally purchases are delayed or cancelled due to errors or discrepancies that arise in the payment process, and you agree that Soteria Equestrian Safety shall not be responsible for any delays caused by payment processing delays that either have a cause outside of Soteria Equestrian Safety’s’ reasonable control, or are based on a good faith refusal or delay based on incorrect, incomplete or anomalous information.
A. Charges for shipping will be assessed as displayed on the checkout page for the item or items being purchased. Unless otherwise expressly provided in the checkout process, you are responsible for all shipping charges associated with the delivery of the product or products you have ordered.
B. You bear the entire risk of loss of the product or products that may occur during the shipment of those products to you. Soteria Equestrian Safety does not provide insurance on the products being delivered to you, and if you choose to have such insurance coverage, it is your responsibility to obtain such coverage.
Delivery of the product or products you purchase through the Website shall be made in the manner you select during the checkout process. The terms and conditions imposed by the carrier for delivery are hereby incorporated by reference, and in the event of a conflict between those terms and conditions and these Terms and Conditions, the terms and conditions of the carrier shall apply.
Return and Exchange Policy
A. If for any reason you are unhappy with your purchase before it is used you must contact Soteria Equestrian Safety within 14 days of the date you received the item, who will arrange for you to return the item as long as it is in its original condition (air jackets must not have been inflated). We will issue a full refund for the price you paid for the item (original delivery and return delivery costs, wherever made by Soteria Equestrian Safety, will be payable by the Purchaser).
B. There are no returns for Custom Color product orders.
C. Please contact us with your order information, including which items you wish to return. If you require an exchange, please contact us so we can arrange this for you.
A. Unless expressly provided on the checkout page presented to you during the purchase of a product on the Website, or in documentation contained in product packaging, Soteria Equestrian Safety offers no warranties on any product purchased by you through the Website. UNLESS UNENFORCEABLE OR UNLAWFUL UNDER APPLICABLE LAW, SOTERIA EQUESTRIAN SAFETY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND THE LIABILITY OF SOTERIA EQUESTRIAN SAFETY, IF ANY, FOR DAMAGES RELATING TO ANY ALLEGEDLY DEFECTIVE PRODUCT SHALL UNDER ANY TORT, CONTRACT, OR OTHER LEGAL THEORY BE LIMITED TO THE ACTUAL PRICE PAID FOR SUCH PRODUCT AND SHALL IN NO EVENT INCLUDE INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND EVEN IF SOTERIA EQUESTRIAN SAFETY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW A LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Soteria Equestrian Safety attempts to be as accurate as possible in describing the products and services offered for sale by and through the Website. However, Soteria Equestrian Safety does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by or through Soteria Equestrian Safety is not as described, your sole remedy is to return it in unused condition.
Limitation of Liability
IN NO EVENT SHALL SOTERIA EQUESTRIAN SAFETY OR ANY OF ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE OR THE PRODUCTS FOR SALE BY AND THROUGH IT, OR ANY WEBSITE LINKED TO OR FROM THE WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE WEBSITE OR ANY AND ALL PRODUCTS OR SERVICES PURCHASED FROM OR THROUGH THE WEBSITE), WHETHER AN ACTION MAY ARISE IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF SOTERIA EQUESTRIAN SAFETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, hold harmless, and defend Soteria Equestrian Safety and all directors, officers, employees, and agents of Soteria Equestrian Safety from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to the use of the Website or products offered by or through the Website or any violation by you of these Terms and Conditions.
License to Access and Use the Website
Soteria Equestrian Safety grants you a limited license to access and make personal use of the Website and not copy and repost or any portion of it. This license does not include any resale or commercial use of the Website or its contents; any selection of product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information, product listing, or graphical or text elements for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose (other than your purchase of products) without express written consent of Soteria Equestrian Safety. You may not frame or utilize framing techniques to enclose any content of the Website. Any unauthorized use terminates the permission and license to use the Website granted to you by Soteria Equestrian Safety.
All of the content included on the Website is protected by United States and international copyright laws. Additionally, the compilation of the Website, in its entirety, including the selection, coordination, and arrangement of content, is the exclusive property of Soteria Equestrian Safety and is protected by United States and international copyright laws. Except as provided in these Terms and Conditions, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Website.
Governing Law and Choice of Forum
These Terms and Conditions shall be governed in all respects by the laws of the State of Virginia as they apply to agreements entered into and to be performed entirely within Virginia between Virginia residents, without regard to conflict of law provisions. Both parties agree that any claim or dispute between them must be resolved exclusively by a state or federal court located in Fauquier County, Virginia, except as otherwise agreed by the parties. Both parties agree to submit to the personal jurisdiction of the courts located within Fauquier County, Virginia for the purpose of litigating all such claims or disputes, and hereby waive all claims of forum non conveniens.
Soteria Equestrian Safety may freely assign its rights and obligations under these Terms and Conditions without having provided you with prior notice of same.
If any portion of these Terms and Conditions is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms and Conditions will remain in full force and effect.
These Terms and Conditions, and any other document or agreements specifically identified herein, supersede all previous representations, understandings or agreements, and represent the entire agreement between you and Soteria Equestrian Safety