GHOST® TERMS OF SALE, SHIPPING, AND RETURNS
Last Updated: June 25, 2024
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS THROUGH OUR WEBSITE OR MOBILE APP, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM OUR WEBSITE OR MOBILE APP IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR MOBILE APP OR ANY OF THEIR CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (“Terms of Sale”) apply to the purchase and sale of products through www.ghostlifestyle.com, www.ghostenergy.com, au.ghostlifestyle.com, eu.ghostlifestyle.com, and uk.ghostlifestyle.com (the “Websites”) and through the GHOST® mobile application (“App”). Collectively, the App and Websites are referred to herein as the “Services.” These Terms of Sale are subject to change by Ghost L.L.C. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the “Last Updated Date” referenced at the top of this page. You should review these Terms of Sale before purchasing any product or services that are available through the Services. Your continued use of the Services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms of Sale are an integral part of the Terms of Use [https://au.ghostlifestyle.com/policies/terms-of-service] that apply generally to the use of our Services. You should also carefully review our Privacy Policy [https://au.ghostlifestyle.com/pages/privacy-policy] before placing an order for products through the Services. These Terms of Sale also govern your Subscription orders, along with the Subscription Terms.
Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms of Sale, all products 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 orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Prices and Payment Terms.
Prices posted on the Services may be different from prices offered in-store or by third party retailers. All prices, discounts, and promotions posted on the Services are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. 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 your order confirmation email. We strive to display accurate price information, however, the Services may, on occasion, contain inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. For a list of approved credit cards and other payment methods, please reach out to support@ghostlifestyle.com. 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 shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your order.
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.
Shipments; Delivery; Title and Risk of Loss.
Please check the Services for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
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.
Shipments Outside the United States.
We ship products to the following countries: the United States, Canada, United Kingdom, Europe, and Australia (“Eligible Regions”).
We cannot be responsible for any customs restrictions, tariffs, or other regulations that may apply in countries outside of the Eligible Regions. The responsibility is yours to check to see if your country allows the shipment of products you ordered (or wish to order). Any duties or taxes that may apply to your order are also your responsibility.
Purchases shipped to addresses in Canada are sent delivered duty paid (DDP) via UPS Worldwide Expedited. Ghost collects duties and taxes at checkout to ensure a seamless customer experience. For more information on shipments to Canada, please visit: https://www.ghostlifestyle.com/pages/status-of-shipments-to-canada
Returns and Refunds.
All t-shirts are FINAL SALE, no returns or exchanges. We are unable to accept returns of purchases made from third party retailers. Unfortunately, items purchased on sale or with a discount code cannot be refunded. Only regular price items can be refunded.
We will accept a return of regular-priced products purchased through the Services for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 15 days of your original purchase with valid proof of purchase, and provided such products are returned in their original packaging, unopened. All apparel must be unworn, unwashed, and with tag(s) and in new condition.
To return products, you must contact us at support@ghostlifestyle.com to request a Return Authorization Code. If your return is authorized, you may ship your product to the following address:
Ghost LLC
3550 Cleburne Road, Suite F
Spring Hill, TN 37174
Please ensure that your Return Authorization Code is clearly displayed on the outside of the package. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.
Refunds are processed within approximately ten (10) 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 Services.
If you receive a damaged item, please contact us immediately at support@ghostlifestyle.com.
Disclaimers.
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall only apply to the extent permitted by law.
Goods Not for Resale or Export.
You represent and warrant that you are buying products from the Services for your own personal or household use only, and not for resale or export. We prohibit the promotion, marketing, advertising, offering to sell, or selling of any of our GHOST®-brand products through any third-party marketplace, including but not limited to Amazon.com. We are the sole and exclusive authorized seller of GHOST®-brand products on Amazon.com.
We actively participate in the Amazon.com Brand Registry Program and similar programs to prevent the advertising and sale of unauthorized, unlicensed, infringing, and/or counterfeit merchandise. Any unauthorized sales of GHOST®-brand products on Amazon or other sites may be removed as they are discovered. Ads from online sellers offering any auctions or advertising sales will also be regularly removed or taken down.
Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy [https://au.ghostlifestyle.com/pages/privacy-policy] governs the processing of all personal data collected from you in connection with your purchase of products through the Services.
Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction.
This Services are operated from the US. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Nevada. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution and Binding Arbitration.
YOU AND GHOST 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 OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
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 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. 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.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR GHOST WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR 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.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of the foregoing is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
No Waivers.
The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision.
No Third-Party Beneficiaries.
These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
Notices.
We may provide any notice to you under these Terms of Sale by (i) sending a message to the email address you provide or (ii) by posting to the Services. 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 of Sale, you must contact us by personal delivery, overnight courier, or registered or certified mail to Ghost L.L.C.,170 S. Green Valley Parkway, Henderson, Nevada, 89102. We may update the address for notices to us by posting a notice on the Services. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability.
If any provision of these Terms of Sale is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
Entire Agreement.
Our order confirmation, these Terms of Sale, our Terms of Use [https://au.ghostlifestyle.com/policies/terms-of-service], and all other terms and policies incorporated therein, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.
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