TERMS AND CONDITIONS OF SALE (“TERMS AND CONDITIONS”)

TERMS OF SALE

These Terms and Conditions apply to offers and sales of products on or through “www.slingerbag.com” (the “Website”), which is owned and operated by Slinger Bag Americas Inc (“SLINGER BAG”).

 

SLINGER BAG is the seller of all products offered and sold on or through the Website.

 

With regard to your purchases on the Website, we will communicate electronically by sending emails or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. Please note that these Terms and Conditions give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.  The Terms of Use found elsewhere on the Website are hereby incorporated by reference into these Terms and Conditions and are made an integral part hereof.  By using or making any purchase on our Website, you consent to, accept and agree with all terms and conditions of these Terms and Conditions and our Terms of Use, including without limitation, the binding arbitration agreement and a class action waiver for United States residents. 

 

1. ABOUT THESE TERMS AND CONDITIONS

 

These Terms and Conditions only apply to purchases made on the Website. From time to time SLINGER BAG may change or alter these Terms and Conditions, its Terms of Use and/or its policies which will be applicable to orders placed on or after the effective date stated by SLINGER BAG.

 

Information contained in SLINGER BAG’s advertising, brochures or other written materials, on the Website or given to you, is for information only and not an offer by SLINGER BAG to supply any Products.

 

BY PLACING AN ORDER FOR PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS AND OUR TERMS OF USE.

 

Additional terms and conditions may be required to be accepted for special purchase programs or as may be otherwise communicated.  In such case, the relevant terms and conditions will be made available to potential purchasers or participants online, on the Website or otherwise as may be appropriate in the circumstances.

 

2. PLACING AN ORDER

 

To be able to buy Products you must:

  • Provide your name and address, phone number, email address, payment details and other required information.

  • Be at least 18 years of age.

  • Provide a delivery address (Note that SLINGER BAG is unable to deliver to certain addresses).

  • Be the owner or authorized holder of a valid debit/credit card. You may place an order by clicking on the “Add to cart” button and proceeding to the checkout page.

When you create a SLINGER BAG account, you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password. All information collected shall be subject to SLINGER BAG’s Privacy Policy.

 

3. ORDER PROCESSING AND CONTRACT FORMATION

 

You agree that your order is an offer to buy the products listed in your order under these Terms and Conditions. All orders must be accepted by SLINGER BAG. We may choose not to accept abnormal orders and orders which SLINGER BAG suspects are not placed in good faith. After having received your order, we will send you an acknowledgement email (“Your SLINGER BAG Order”) with your order number and details of the items you have ordered.

 

Acceptance of your order and the formation of the contract of sale between SLINGER BAG and you will not take place unless and until you have received your SLINGER BAG order confirmation email.

 

4. PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES

 

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 the order receipt and order confirmation emails. SLINGER BAG may change prices at any time without notice. Price increases will only apply to orders placed after such changes.

 

SLINGER BAG charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your SLINGER Bag order. Unless stated otherwise, prices for our products include charges for shipping and handling.

 

Separate charges for tax and shipping will be itemized in your shopping cart and on Your SLINGER BAG order confirmation email.

 

5. PRODUCT AVAILABILITY AND DELIVERY, CIRCUMSTANCES BEYOND REASONABLE CONTROL

 

SLINGER BAG does not guarantee the availability of any product. SLINGER BAG reserves the right, without liability or earlier notice, to change, discontinue or stop making any product.

 

We will provide you with the information on the latest expected delivery date which will not exceed 60 days unless you specifically agree on a later date.

 

In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us and we may charge you for any expenses or fees incurred in connection therewith.

 

Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time. If any items you have purchased remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by SLINGER BAG.

 

Customer desiring to return or refuse delivery will be best served by receiving the delivery and following the return instructions included in the package.

 

SLINGER BAG shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, pandemic, covid-19, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.

 

6. COMPATIBILITY, PRODUCT INFORMATION

 

When placing your order please ensure that the products you purchased are compatible for their intended use. Please use the information provided on the Website as reference when checking compatibility. In the event of a difference between the Website content and any other SLINGER BAG (or non-SLINGER BAG) web site (or any other source of information) the compatibility of SLINGER BAG products as shown on the Website at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.

 

7. PAYMENT

 

Payment by credit/debit cards shall be made by a credit or debit card approved by SLINGER BAG. Approved credit and debit card types are listed on the Website. You have to supply your payment card details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment card will be charged on shipment of the ordered items. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.

 

8. TITLE TO PRODUCTS

 

SLINGER BAG retains full legal title to products until it has received all amounts due on the ordered products.

 

9. RETURNS, REFUNDS AND OTHER OPTIONS

 

If you have bought products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased, you have thirty (30) calendar days after the date of receipt of the delivery to return your SLINGER BAG products.  Please refer to our Returns Policy at [insert link].  Our Returns Policy contains full instructions on how to return a SLINGER BAG product.  Please note that we only accept returns on new and unused products. 

 

11. WARRANTY

 

SLINGER BAG provides limited warranties to buyers who purchase SLINGER BAG products (“Products”). SLINGER BAG Products carry the Limited Warranty as defined for the particular product as listed in in the following link: http://www.slingerbag.com/waranty.

 

12. PERSONAL DATA

 

The SLINGER BAG Privacy Policy and additional provisions in these Terms and Conditions govern the use of your personal data. Purchasing Products on the Website requires that you accept the SLINGER BAG privacy policy and the processing of personal data as described in the SLINGER BAG privacy policy.

 

13. OUR LIABILITY

 

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the sale of Products.

 

Except for the express limited warranty for the Product purchased, SLINGER BAG disclaims any implied warranty, including the warranty of merchantability or the warranty of fitness for a particular purpose. SLINGER BAG further disclaims any implied or express warranty of, and assumes no responsibility for, defects in workmanship caused by third parties who are not acting on SLINGER BAG’s behalf or modifications made to the Products by anyone other than SLINGER BAG or those authorized by SLINGER BAG. SLINGER BAG further disclaims all liability and damages of any kind related to use of Products in any manner which is not consistent with the Product’s intended use. These Terms and Conditions give the consumer specific legal rights; a consumer may have other rights depending upon where he or she lives. Some jurisdictions do not allow the exclusion or limitation of special, incidental or consequential damages, or limitations on how long a warranty lasts, so the above exclusion and limitations may not apply to everyone.

 

14. GENERAL

 

If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

 

15. CONTACT DETAILS

 

SLINGER BAG customer service will assist you with any questions. You can contact customer service at www.slingerbag.com/support.

 

16. GOVERNING LAW

 

These Terms and Conditions shall be governed and construed in accordance with laws of the State of New York without reference to or application of the conflicts of law rules of New York or any other jurisdiction.

 

17. DISPUTE RESOLUTION

 

The terms and conditions contained in the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” in our Terms of Use (found elsewhere on this Website) are hereby incorporated by reference into these Terms and Conditions.  As a result, you are accepting and agreeing to both a:

 

(i) MANDATORY ARBITRATION PROVISION 

 

(ii) WAIVER OF RIGHTS TO A CLASS ACTION