Terms of Service
IMPORTANT INFORMATION
Custom / Special Orders
Because many of our products are built to order, special-order or custom items may be canceled or refunded only if the item has not yet shipped from the manufacturer. Once an item has left the manufacturer’s facility, it is no longer refundable.
Manufacturer Warranties
RGNA does not offer extensions to any manufacturer warranty. If you experience an issue with a product, we’re happy to help connect you with the manufacturer’s support team. This helps you get faster assistance and helps us track customer satisfaction with the products we offer.
Shipping Information
(See our Return Policy for additional details.)
We currently ship only to U.S. addresses serviceable by UPS. We cannot ship to P.O. boxes (including APO/FPO).
Many items we sell exceed the 150 lb standard-shipping limit used by USPS, FedEx, and UPS. These orders may require freight shipping, which can include additional fees—especially for residential delivery. Shipping costs are the customer’s responsibility.
To reduce the risk of credit card fraud for both you and RGNA, we cannot modify the shipping address after an order is placed. If we suspect a fraudulent transaction, we may contact you to complete a brief security check. Please don’t be alarmed—this is to ensure your account has not been compromised.
If your order is damaged in transit, we will assist you in filing a claim with the carrier. After an order leaves our warehouse, RGNA is not responsible for shipping damage; all damage claims must be filed directly with the carrier.
Please carefully inspect your shipment for damage before signing any delivery paperwork.
TERMS OF SERVICE
Overview
This website is operated by Rhino Gear North America, LLC (“RGNA”). Throughout the site, “we,” “us,” and “our” refer to RGNA. We offer this website—including all information, tools, and services available from this site—to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (collectively, these “Terms of Service” or “Terms”).
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms, including any additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using the website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions herein, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of the Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc., which provides the online e-commerce platform enabling us to sell products and services to you.
1. Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us consent to allow your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, and you may not, in using the Service, violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses, or destructive code. A breach of any Term will result in immediate termination of your access to the Service.
2. General Conditions
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (excluding credit-card information) may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit-card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission. Headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.
3. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information and should not be used as the sole basis for decisions without consulting primary, more accurate, more complete, or more timely sources. Any reliance on site material is at your own risk.
This site may contain historical information, which is provided for reference only. We reserve the right to modify site contents at any time, but we have no obligation to update any information. You agree it is your responsibility to monitor changes to our site.
4. Modifications to the Service and Prices
Prices for our products are subject to change without notice. We may modify or discontinue the Service (or any part or content) at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
5. Products or Services
Certain products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We make every effort to display product colors and images accurately, but we cannot guarantee that your device’s display will be accurate.
We reserve the right—but are not obligated—to limit sales of our products or Services to any person, geographic region, or jurisdiction, and we may exercise this right case-by-case. We may limit quantities of any products or services. Product descriptions and pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained will meet your expectations or that any errors in the Service will be corrected.
6. Accuracy of Billing and Account Information
We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you via the email and/or billing address/phone number provided at the time of purchase. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information (including email address and credit-card numbers and expiration dates) so we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
7. Optional Tools
We may provide access to third-party tools over which we neither monitor nor have any control. You acknowledge that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the site is entirely at your own risk, and you should ensure that you are familiar with and approve the terms provided by the relevant third-party provider(s). We may also offer new services and/or features (including new tools and resources) in the future, which will also be subject to these Terms.
8. Third-Party Links
Certain content, products, and services available via the Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant or assume any liability or responsibility for third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions made in connection with third-party websites. Review third-party policies and practices carefully. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
9. User Comments, Feedback, and Other Submissions
If, at our request, you send specific submissions (e.g., contest entries) or, without a request, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation; or (3) to respond.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or that violates any party’s intellectual-property rights or these Terms.
You agree your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree your comments will not contain unlawful, abusive, or obscene material, nor contain any virus or malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
10. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy (see that policy for details).
11. Errors, Inaccuracies, and Omissions
From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions—e.g., relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
12. Prohibited Uses
In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual-property rights or those of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code that may affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through the Service are (except as expressly stated by us) provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall RGNA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind (including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages), whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product—including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service—even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless RGNA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
15. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.
16. Termination
Obligations and liabilities incurred prior to the termination date shall survive termination of this agreement. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using the site. If, in our sole judgment, you fail—or we suspect you have failed—to comply with any provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).
17. Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
18. 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 California, USA.
19. Changes to the Terms of Service
You can review the most current version of the Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the website or the Service following the posting of any changes constitutes acceptance of those changes.
20. Contact Information
Questions about the Terms of Service should be sent to info-(at)-rhinoadventuregear.com.
