Terms Of Purchase
Outex.com 5.0 Terms of Sale and Service
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
To make a purchase on the Site, you may be required to create an account. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. We reserve the right to terminate accounts at any time in our sole discretion.
Payment Method and Terms
We accept credit cards and debit cards as direct forms of payment. By submitting an order through the Site, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount.
Orders & Cancellation
We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is canceled, or if additional information is required to accept your order.
Outex processes & ships in-stock orders within 24-48 business hours from when they are placed online. Outex uses third-party delivery partners such as USPS, FedEx, DHL, etc, and calculates delivery pricing based on weight, dimensions, and shipping address from third-party APIs. All orders are shipped from our warehouses or headquarters by Outex staff or regional partners. Outex offers shipping alternatives from regional partners outside the United States of America. Under special circumstances, such as large quantity orders, your delivery may arrive via a special delivery service. If you have any unique shipping requests, please contact our offices.
Purchases made on the Site are intended for end users only. Products sold through this Site are not authorized for resale. Unauthorized resale voids product’s warranty and terms of service.
All sales are final. We will replace any damaged products if they are faulty upon receipt. If you receive any damaged product please contact us at: 1-818-583-7731 during regular business hours: M-F 9am – 5pm Pacific Time. We reserve the right, in our sole discretion, to limit or deny requests for replacement product in the event of fraudulent or abusive behavior.
All Outex products are guaranteed against manufacturing defects for 60 days from the date of purchase. If you find any product problems, please contact Outex’s support team immediately.LIMITATIONS:
The Outex product seal is certified to withstand underwater pressure up to 10 meters or 33 feet (1 atmosphere). Outex is not designed to act as scuba-diving gear or to withstand direct impact from extreme conditions such as high-surf (large, 8ft.+ waves), paint-ball pellets, or sharp objects, etc. Excessive water pressure or sharp conditions may prevent certain functions of the camera, create puncture breaches, break glass, or create other damage, and therefore voids the product’s warranty.
Outex products perform as designed within the installation and use instructions provided on our “questions” and “installation” portions of the website.
You will be responsible for any applicable sales, use, or value-added taxes, duties, or other governmental taxes or fees payable in connection with your purchase outside the United States. If you do not pay such sales or other tax or fee on at the time of the transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such transaction at the port of entry.
Outex is not insurance. As you can see from our customers around the world, the product performs as designed within the parameters specified. If you're interested in protecting your equipment further, you can purchase insurance from a number of insurance providers. We list suggestions in our “questions” page of the site.
You agree to indemnify and hold Outex, its subsidiaries, affiliates, successors, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your purchase or use of the products, or from a breach of terms of these Terms of Sale or your representations and warranties. When that’s the case you agree to hold Outex harmless from any claims and expenses related to your violation of these Terms of Sale.
PRODUCTS ARE PROVIDED OR SOLD "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Outex by Lucare DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Outex by Lucare DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE, THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Outex.
Limitation on Liability
UNDER NO CIRCUMSTANCES WILL OUTEX BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OUTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF YOUR PURCHASE OF PRODUCTS ON THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR PRODUCTS PURCHASED HEREUNDER, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOUR BREACH OF THESE TERMS OF SALE. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, OUTEX’S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO OUTEX FOR PRODUCTS HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Effective Date: April 7, 2014