PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE KABASH OUTDOORS WEBSITE YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.
1. ACCEPTANCE OF TERMS By accessing, browsing, or purchasing from Kabash Outdoors (the “Site”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you may not access or use the Site. These Terms constitute a legally binding agreement between you and Kabash Outdoors.
2. NATURE OF PRODUCTS & ASSUMPTION OF RISK You acknowledge that the products sold by Kabash Outdoors (including but not limited to Fire Pits, Weapon Racks, and European Skull Hangers) carry inherent risks if used or installed impartially.
- Installation: You are solely responsible for the proper installation of all mounts, racks, and hangers. Kabash Outdoors is not liable for damage to walls, personal property, or firearms resulting from improper mounting, failure to locate studs, or the use of inadequate hardware.
- Fire Pits: You acknowledge that fire pits involve open flames and high heat. You agree to use these products strictly in accordance with local fire codes and common safety practices. Kabash Outdoors is not liable for burns, property damage, or uncontrolled fires resulting from the use of our fire pits.
- Firearms: Weapon racks are for storage and display only. You agree never to store loaded firearms on our racks.
3. ORDERS AND BILLING We reserve the right to refuse any order you place with us. In the event that a product is listed at an incorrect price due to typographical error or error in pricing information, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
4. SHIPPING, DELIVERY, AND RISK OF LOSS
- Timeline: Where possible, orders are dispatched within 1-2 business days.
- Risk of Loss: All purchases of physical items from Kabash Outdoors are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Damage in Transit: You must inform us within 48 hours of receipt if goods are lost or damaged in transit so we can file a claim.
5. RETURNS AND REFUNDS Our Return Policy is incorporated into these Terms by reference. Please review our Return Policy [Link to Return Policy] for detailed information on returns, exchanges, and warranty claims.
6. DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL PRODUCTS SOLD BY KABASH OUTDOORS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KABASH OUTDOORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
7. LIMITATION OF LIABILITY IN NO EVENT SHALL KABASH OUTDOORS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, PROPERTY DAMAGE, OR PERSONAL INJURY) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. OUR MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.
8. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Kabash Outdoors and our affiliates, partners, officers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) personal injury or property damage resulting from your installation, use, or misuse of our products.
9. PRIVACY Your submission of personal information through the store is governed by our Privacy Policy. We do not sell or disclose buyers’ information to third parties other than for the express purpose of order fulfillment.
10. GOVERNING LAW These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of [INSERT YOUR STATE], without regard to its conflict of law provisions.
11. CONTACT INFORMATION Questions about the Terms of Service should be sent to us via our Contact Us page.