Welcome to Fieldsheer Canada!
We reserve the right to modify the Terms at any time without prior notice to you. We ask that you read these Terms carefully each time you use our Website or download the App. All changes to these Terms will be effective from the date posted forward. By using the Website or App after any change, you accept all new or revised provisions in any revised posted Terms.
7.1. A description of the copyrighted work that you claim has been infringed;
7.2. A description of where the alleged copyrighted work is located on our Website or App;
7.3 Your name, address, telephone number and email address;
7.4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
7.5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
7.6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent may be reached at the following address: Copyright Agent, Tech Gear 5.7, Inc., 2910 Norman Strasse RD, San Marcos, CA 92069.
8.1 Limited Warranty. Tech Gear 5.7, Inc. warrants its products to be free of defects in material and workmanship for the product's Warranty Period. The Warranty Period starts on the original purchase date of the product. This Limited Warranty extends only to the original purchaser of the product and not to any subsequent owner. If still owned by the original purchaser, all Fieldsheer products are covered by a limited product warranty from the original purchase date of the product. Limited Two Year Warranty for all garments are and accessories subject to limits stated below.
For warranty claims made during the Warranty Period, Tech Gear 5.7 will replace any defective product part free of charge. If a part of your Fieldsheer product fails as a result of defect in materials or workmanship call Tech Gear 5.7 at 888-908-6024 to make a warranty claim. We will discuss the problem with you and at our discretion will determine if the product is covered under warranty. We will ship replacement parts at no cost to you within 72 hours. Tech Gear 5.7 will not be liable in any way for damages whatsoever arising from the use or inability to use its products, even if Tech Gear 5.7 has been advised of the possibility of such damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECH GEAR 5.7 DISCLAIMS ANY RESPONSIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LIMITED WARRANTY IS AUTOMATICALLY VOID IF YOUR TECH GEAR 5.7 PRODUCT IS MODIFIED IN ANY WAY, IMPROPERLY WORN, USED, TAXED BEYOND ITS STATED CAPACITY OR OTHERWISE MISUSED OR ABUSED. THE LIMITED WARRANTY EXCLUDES BATTERIES AFTER (90) DAYS AS THEY ARE AN ITEM THAT NATURALLY DEPLETES WITH USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECH GEAR 5.7 DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. IN ANY EVENT, NO EXPRESS OR IMPLIED WARRANTY CAN LAST LONGER THAN THE TERM STATED ABOVE (“WHAT THE PERIOD OF COVERAGE IS”). Some states do not allow disclaimers of implied warranties or limitations on how long an implied warranty lasts, so these limitations may not apply to you. Tech Gear 5.7 will not be liable for any damages whatsoever arising out of the use or inability to use its products, even if Tech Gear 5.7 has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Tech Gear 5.7 disclaims any responsibility for incidental or consequential damages (such as the cost of repairing or replacing other property which damaged when the device does not work properly). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8.2 Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTION 8.1 YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND THE APP, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE AND APP IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF OUR WEBSITE AND APP, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE OR APP. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE THROUGH OUT WEBSITE OR APP IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE OR APP. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITE OR APP WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR CUSTOMER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12.1. Online Orders. Ordering from our Website is easy! Simply click on the “Order Now!” button. This button will link to our authorized and qualified merchant payment processor, who will receive your billing and shipping information along with your payment source. Once your payment source is confirmed, you will be linked to an “Order Confirmation” screen that indicates we received your order and you now have a confirmation number for your order. An email confirmation will be in your inbox within 24 hours to let you know your order has been processed. This email is your receipt and will include your confirmation number and verification of the item purchased as well as your shipping and delivery information. If you have any questions or changes to your order, please contact Customer Service at (800) 897-9755 for any information regarding your order.
12.2. Product out-of-sock. Occasionally, demand for products is so high it surpasses our supply. When this happens, we ask that you provide us with your email address and we will notify you when we have further stock available.
12.3. Taxes. We are required by law to collect all taxes based on where your order is being shipped or delivered. When you review your order total during the checkout process, you'll see the estimated sales tax. The actual charge to your credit card will reflect the applicable state and local taxes.
12.4. Shipping. We don't mark-up our shipping rates and brokerage fees. We negotiate the most competitive shipping rates on your behalf and pass those directly on to you. We ship our products through one or more Tech Gear 5.7 authorized fulfillment warehouses. You should receive your package within 3 - 7 days of the order date depending on the destination location and method of shipping. Please allow up to 24 business hours for processing. If the package is damaged upon arrival, please contact our customer service at (888) 908-6024.
13.1. Cancellations. Tech Gear 5.7 strives to deliver exceptional customer service and in so doing, most orders are prepared for shipment within hours of being placed. As a result, all sales on our website are final. However, if you very recently placed an order and would like to cancel it, you may contact customer service at (888) 908-6024 or by email at email@example.com, and if the order has not shipped we will do our best to try and accommodate your cancellation request. However, if your order is beyond our ability to cancel it, you may still receive a refund by following the Return and Refund Policy outlined in section 13.2 below.
13.2. Return and Refund Policy. Tech Gear 5.7 guarantee’s 100% satisfaction for 30 days from date of purchase, or your money back, for Tech Gear 5.7 ordered directly on our website. If at any time you are unsatisfied with our product, you may return it to Tech Gear 5.7 within thirty (30) days of our shipping date for a replacement or full refund of the purchase price, less shipping and handling. To receive your refund, you must follow the following steps:
(a) Your Tech Gear 5.7 must be in the same condition that you received it and in its original packaging. We also require a receipt or proof of purchase.
(b) Contact our Customer Service Center directly at firstname.lastname@example.org or at (888) 908-6024, and request a Returned Material Authorization (“RMA”) number.
(c) Place the RMA number you receive clearly on the outside of the returned package. Our return department is not allowed to process packages without an RMA number, and no refunds will be issued for any packages returned without an RMA number, including packages marked as “Return to Sender”. You will be given the return address by Customer Service.
(d) You must send all returned the product in its original package using a shipping method with delivery confirmation or signature confirmation. You are responsible for the costs of returning any product.
(e) Returned products must be received within fifteen (15) days after you receive your RMA number.
(f) Refunds will be issued only to the same credit card that was used in ordering the product. It generally takes about 7 to 14 business days to receive a refund. Refunds will be for the cost of the product. Shipping and handling are not refundable.
14.1 ALL DISPUTES BETWEEN YOU AND US RELATING IN ANY WAY TO OUR WEBSITE OR APP AND THE PRODUCTS PURCHASED THEREFROM (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM OUR WEBSITE OR APP, RELATED ADVERTISEMENTS AND DISCLOSURES, EMAIL MESSAGES WE SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE OR APP), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN SAN DIEGO, CALIFORNIA, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS WHICH SHALL ALLOW US TO BRING AN INJUNCTIVE ACTION IN THE APPROPRIATE STATE, DISTRICT OR FEDERAL COURT TO PREVENT OR CEASE SUCH VIOLATION WITHOUT THE NECESSITY OF FILING A BOND.
14.2. If you intend to seek arbitration, you must first send to us, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to 2910 Norman Strasse RD, San Marcos, CA 92069. It must be addressed to the attention of Legal Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
14.3. All arbitrations required by these Terms will be conducted under the rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under these Terms may be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless we and you agree otherwise, the arbitrator may not consolidate your claim with any other claim and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
14.4. Both parties shall share the costs of the arbitration, including but not limited to, the administrative, hearing, and arbitrator’s fees and costs but not the fees, expenses, and costs of the party’s lawyers, experts, or witnesses. The arbitrator may award money or equitable relief in favor of the prevailing party including but not limited to the costs and attorney fees of the prevailing party. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
14.5. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A CLASS REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST US IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO US OR OUR WEBSITE OR APP INCLUDING WITHOUT LIMITATION ORDERS MADE FROM OUR WEBSITE OR APP, OUR ADVERTISEMENTS AND DISCLOSURES, EMAIL OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE OR APP, THESE TERMS, OR YOUR STATUS AS A PURCHASER OF OUR PRODUCTS OR SERVICES. THIS SECTION 14 WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND US.