By using this website, www.rustynomadgoods.com (the "Website"), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these terms of use shall constitute a binding and enforceable contract between you and Rusty Nomad Goods (JR0166620-W).
These "Terms of Use" set forth the terms and conditions under which you may access and use the Website. If you do not agree to these terms of use, you must not use this Website. Rusty Nomad Goods may change the Terms of Use from time to time, so we encourage you to review our Terms of Use whenever you use the Website to make sure you understand how you may use the Website. Your continued use of the Website following the posting of changes to the Terms of Use will signify your acceptance of the then current Terms of Use. The Terms of Use will include the date we last updated the Terms of Use. The terms of use consists of the following parts:
Part 1: Intellectual Property
Part 2: Indemnity & Disclaimer
Part 3: Online Purchase
Part 4: Other Issues
PART 1: INTELLECTUAL PROPERTY
Use of the Website
You agree and acknowledge that the Website and the content, including but not limited to graphics and information, provided on the Website (the "Web Content"), is the sole and exclusive intellectual property of Rusty Nomad Goods and shall not be copied, reproduced, displayed, sold or otherwise distributed without the express prior written consent of Rusty Nomad Goods, provided you may print a single copy of the Website Content solely for your personal, non-commercial use. While we strive to partner with reputable third party firms, Rusty Nomad Goods will not be responsible for the content, information collected, terms and conditions or privacy rules maintained on any linked sites and we strongly encourage you to examine the privacy policies contained on these sites.
PART 2: INDEMNITY & DISCLAIMER
Indemnity
You agree to defend, indemnify and hold harmless Rusty Nomad Goods, its officers and employees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Website.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RUSTY NOMAD GOODS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RUSTY NOMAD GOODS MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL RUSTY NOMAD GOODS, ITS OFFICERS, ADVISORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT RUSTY NOMAD GOODS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM RUSTY NOMAD GOODS.
Alert on Hackers
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.
PART 3: ONLINE PURCHASE
Product Description
Products shown on the Website may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Rusty Nomad Goods does not represent or warrant that the descriptions of any products shown on the Website are accurate or complete. IF A USER PURCHASES A PRODUCT FROM RUSTY NOMAD GOODS THAT IS NOT AS DESCRIBED ON THE WEBSITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR RUSTY NOMAD GOODS CREDIT IN THE AMOUNT OF THE PURCHASE PRICE. We have made every effort to display the colors of products on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor we cannot guarantee that your monitor's display of any color will be accurate.
Price
Please take note that all information posted on the Website, including prices for products is "as is" on a best price basis only, and Rusty Nomad Goods reserves the rights to change, amend or vary any of this information without prior notice. We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping basket and the time the purchase is actually made. Also, despite our best efforts, a small number of the products on the Website may display incorrect prices. If the price for the product on the Website is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Rusty Nomad Goods, Rusty Nomad Goods may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation. Rusty Nomad Goods will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. Rusty Nomad Goods will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Rusty Nomad Goods will immediately issue a credit to your credit card in the amount of the charge.
Methods of Payment
A variety of payment methods are offered on the Website for the convenience of customers. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred. If you pay by wired transfer, the terms and conditions of your issuing bank govern your use of your bank account, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as an account holder. YOU, AND NOT RUSTY NOMAD GOODS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR BANK ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Rusty Nomad Goods of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If Rusty Nomad Goods does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Rusty Nomad Goods or its agents. If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT RUSTY NOMAD GOODS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Rusty Nomad Goods of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If Rusty Nomad Goods does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Rusty Nomad Goods or its agents.Unless expressly set forth on the Website, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.
Taxes
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Rusty Nomad Goods will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.
Currencies
All transactions conducted by or with Rusty Nomad Goods, including sales of items shown on the Website and credit for returned merchandise, are made in Malaysian Ringgit (MYR).
Rusty Nomad Goods Vouchers
Rusty Nomad Goods may provide vouchers to certain customers through loyalty or promotional campaigns. Terms and conditions of vouchers will be as separately advised by Rusty Nomad Goods.
Order Acceptance
By displaying products on the Website, Rusty Nomad Goods is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Malaysia. We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.
Passage of Title
Title to products and risk of loss of such products shall be passed to you upon delivery to the common carrier selected by us to deliver your order. You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.
Product Warranties
Unless otherwise specified for particular products or pursuant to a supplemental (or "extended") warranty plan offered by Rusty Nomad Goods from time to time, Rusty Nomad Goods will have no liability for any failure or malfunction of a product sold on the Website. Requests for technical service and support should be made directly to the manufacturer of a product in accordance with the terms and conditions of any warranty provided by the manufacturer. Information regarding manufacturers' warranties is generally included in the materials shipped with the products or is available through the Website. Any supplemental warranties offered by Rusty Nomad Goods will be subject to terms and conditions posted on the Website from time to time.
Disclaimer
Rusty Nomad Goods, its officers and employees are not responsible or liable for any incidental or consequential damages whatsoever which may occur while purchasing products with us, during and after the purchase, including and not limiting to the user's negligence in fulfilling the required terms and conditions. Please read our disclaimer for more details.
PART 4: OTHER ISSUES
Rusty Nomad Goods Accounts
Users must register with Rusty Nomad Goods before purchasing from the Website. ALL personal details provided MUST be current and valid. Failing to do so may cause identity discrepancies and subsequent denial of all services and benefits. Please learn about how we manage your personal and non-personal information in our privacy policy. Rusty Nomad Goods reserves the rights to suspend or terminate the account of any user in breach or in violation of any stated rules and regulations, terms and conditions as agreed, without assigning any reasons.
Age of Users
Rusty Nomad Goods does not intend the Website to be viewed or used by individuals under the age of 18 ("minors") without the supervision of a parent or guardian 18 years of age or older. Rusty Nomad Goods relies upon parents or guardians to determine if any content or items available on the Website are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Website only under the supervision of parent or guardian.
Communications
You consent to receive communications from us by e-mail. We will communicate with you by e-mail, by live messaging via life chat or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.
Any supplemental warranties offered by Rusty Nomad Goods will be subject to terms and conditions posted on the Website from time to time.