Terms of service

TERMS OF SALE 

SOUTH TEXAS TACK November 10, 2022

THESE TERMS OF SALE GOVERN YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASES FROM SOUTH TEXAS TACKS (DEFINED BELOW) IN THE UNITED STATES. IF YOU ARE PURCHASING OUR PRODUCTS OUTSIDE THE UNITED STATES, YOUR PURCHASES ARE GOVERNED BY DIFFERENT TERMS. PLEASE REVIEW THE TERMS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE OR OTHERWISE PURCHASING FROM THE SOUTH TEXAS TACK (AS DEFINED BELOW).

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO SOUTH TEXAS TACKS (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; BY SHOPPING IN ANY SOUTH TEXAS TACK YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO  THE TERMS, YOU MUST (A) DISCONTINUE USING OR SHOPPING IN OUR DIGITAL STORES AND DISCONTINUE VISITING OR SHOPPING IN OUR RETAIL STORES, (B) NOT MAKE A PURCHASE AND/OR (C) RETURN ANY ELIGIBLE PURCHASE WITHIN THE APPLICABLE RETURN WINDOW.

You are SUBJECT to these TERMS AND MAY PURCHASE SOUTH TEXAS TACK PRODUCTS if you are of legal age in your jurisdiction or if you have consent from your parent or guardian.

APPLICABILITY

These Terms of Sale (“Terms of Sale” or “Terms”) apply to your shopping, orders, purchases, and returns at SOUTH TEXAS TACK- owned brick and mortar retail stores (each a “Retail Store”), and SOUTH TEXAS TACK- owned digital stores that enable consumer purchases through Southtexastack (each a “Digital Store”). Retail Stores and Digital Stores are collectively referred to in these Terms of Sale as “South Texas Tacks”. These Terms of Sale create a legally binding agreement between you and SOUTH TEXAS TACK (which we may refer to as “South Texas Tack,”  “we,” “us,” or “our”). SOUTH TEXAS TACK may revise these Terms of Sale at any time.  The current Terms of Sale will be posted at Southtexastack.com.  The Terms of Sale posted at the time you purchase products at a South Texas Tack will govern that purchase.  In addition to the Terms of Sale, by shopping and/or purchasing at any South Texas Tack you acknowledge and agree to by bound by our Terms of Use and Privacy Policy, which are incorporated herein by this reference. 

PURCHASING PRODUCTS

NO PURCHASE FOR RESALE

South Texas Tacks, including any consumer rights or policies offered in South Texas Tacks, are intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses or any third party).  If SOUTH TEXAS TACK determines that a purchase or order is intended for resale, SOUTH TEXAS TACK reserves the right, in its sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any SOUTH TEXAS TACK policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any South Texas Tack, and/or suspend or close any account.  

HOW TO PURCHASE– DIGITAL STORES

To complete your purchase at a Digital Store, you must provide your full name, e-mail address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to be able to use all the functionalities of a Digital Store, which includes designing customized items, adding items to your shopping bag and submitting your order. 

When you submit an order, we may send an email acknowledging receipt of your order (“Order Confirmation”).  Our acceptance of your order takes place when the products are shipped to you; we may send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product. 

OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER

Sale of products and fulfillment of all orders at a South Texas Tack is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, in situations including but not limited to:

• an Event Outside Our Control (as defined below);
• the product you seek to purchase is not available or in stock;
• your address, billing information or form of payment is incorrect or cannot be verified;
• your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
• there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
• your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
• your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
• your account and/or purchase history shows an excessively high volume of returns;
• there is evidence that you are not eligible to make purchases; or
• in the event of misspelling, pricing or other errors or mistakes at the South Texas Tack(s) where you wish to order or purchase.

SOUTH TEXAS TACK will determine whether any of the above events have occurred in its sole discretion.

TITLE TRANSFER & RISK OF LOSS

With the exception of products purchased or picked up at South Texas Tacks, title and risk of loss for products purchased from SOUTH TEXAS TACK pass to you upon our delivery to the carrier.  Title and risk of loss for products purchased online and picked up at SOUTH TEXAS TACK Retail Stores or directly purchased at SOUTH TEXAS TACK Retail stores will pass to you upon your authorized receipt of those products.  Title to product(s) will not transfer until full payment has been received.

INDEMNIFICATION AND RELEASE

To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless SOUTH TEXAS TACK Retail Services Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “SOUTH TEXAS TACK Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection with any South Texas Tack or with other South Texas Tack users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the SOUTH TEXAS TACK Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with any South Texas Tack or with other South Texas Tack users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. 

LIMITATION OF LIABILITY

These terms and conditions set out the full extent of our AGREEMENT AND UNDERSTANDING in respect TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, ACCESS OR USE OF SOUTH TEXAS TACKS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, the maximum aggregate liability of either party to the other on all claims ARISING FROM OR RELATING TO  THIS Agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO SOUTH TEXAS TACK FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE SOUTH TEXAS TACK PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, FOR:  ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A SOUTH TEXAS TACK; OR FOR THE PERFORMANCE OF THE PRODUCTS PURCHASED AT A SOUTH TEXAS TACK; OR FOR THE CONDUCT OF SOUTH TEXAS TACK USERS OR CONSUMERS (WHETHER ONLINE OR OFFLINE);  OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF A SOUTH TEXAS TACK, EVEN IF SOUTH TEXAS TACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO  SOUTH TEXAS TACKS. YOUR ONLY REMEDY AGAINST SOUTH TEXAS TACK IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO THE SOUTH TEXAS TACKS OR ANY CONTENT IS TO STOP USING OR ACCESSING SOUTH TEXAS TACKS.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT SOUTH TEXAS TACK’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

DISCLAIMER OF WARRANTY

SOUTH TEXAS TACK PROVIDES ACCESS TO SOUTH TEXAS TACKS “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (1) SOUTH TEXAS TACK DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. SOUTH TEXAS TACK FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (2) SOUTH TEXAS TACK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT SOUTH TEXAS TACKS IS ACCURATE, COMPLETE, OR CURRENT OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY SOUTH TEXAS TACK AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.

DISPUTES

CHOICE OF LAW, JURISDICTION, TIME LIMIT FOR CLAIMS

• You agree that these Terms and any dispute between you and SOUTH TEXAS TACK shall be governed in all respects by Texas law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
• Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to South Texas Tacks (including but not limited to the purchase of South Texas Tack Products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Washington County, Texas, USA.
• You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Washington County, Texas, USA.
• All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY

• SOUTH TEXAS TACK may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 
• South Texas Tack’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or South Texas Tack’s rights.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply.
• If any court or relevant authority decides that any provision of these Terms is invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

PRICE/PAYMENT

PAYMENT METHODS

We accept several payment methods at check out at South Texas Tacks. Acceptable payments in Retail Stores are described at the register.  Redemption/use of SOUTH TEXAS TACK gift cards to purchase products is subject to the SOUTH TEXAS TACK Gift Card Terms and Conditions . Please do not try to pay using any payment method not posted at the South Texas Tacks. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action. 

PAYMENT PROCESSING

With the exception of built-to-order products (e.g. pre-order products and customized products) (“SOUTH TEXAS TACK By You”), if you pay by credit or debit card, we may deduct the amount immediately or pre-authorize and hold the amount due when you place an order. Once your order ships, we will deduct the pre-authorized amount from your account. 

PRICES AND CURRENCY

The product prices displayed on products, packaging, signage, or otherwise posted within the South Texas Tack do not include sales tax. Shipping rates are applied per order.

Prices are quoted and exclusively payable in US dollars. 

The prices of the products will be as displayed in the South Texas Tack. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. 

YOUR TOTAL PRICE

The total price specified in the final check out screen on our Digital Stores includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the Order Confirmation for Digital Store orders, which we recommend you print or download for future reference. For Retail Store purchases, actual tax and shipping costs (if applicable) will appear on your printed receipt, which we recommend you save for future reference. If you pay by credit or with debit card, the total amount for your entire purchase will be reflected on your statement in your local currency. 

If your local currency is not in US dollars, your bank or credit card issuer will apply exchange rate and any fees according to terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control. 

SHIPPING & DELIVERY – DIGITAL STORES

DELIVERY – WHERE AND WHEN

We do not ship on certain public holidays. We can only fulfill an order to a valid delivery address which is a home or office address in the United States or its territories.

SPLIT DELIVERY

We may deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order. You will not be charged for any additional delivery costs. 

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging and products for damage. If it appears that the products are damaged, please contact www.southtexastack.com for assistance.

SHIPPING RATES

FREE SHIPPING

SOUTH TEXAS TACK members get free standard shipping (and discounted expedited shipping) on all orders. Non-member (or guest) purchases that exceed certain order thresholds, determined in South Texas Tack’s sole discretion, may receive free standard shipping or the option to pay for discounted express shipping.  

RETURNS & CANCELLATIONS

RETURNING PRODUCTS  AFTER PURCHASE/DELIVERY

Unless otherwise stated in the South Texas Tack, you can return your purchase in accordance with the terms of the return policy described in the South Texas Tack at the time of your purchase and available at southtexastack.com.

REFUND INFORMATION

Refunds will be issued to the original form of payment. This applies to all South Texas Tack returns.

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) We will provide notice to you as soon as reasonably possible; and (2) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended during the time needed for resolution of the Event Outside Our Control. 

Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.