TERMS OF SALE
Effective: August 2, 2022
Aloha! Maui Jim USA, Inc. (with its affiliates, collectively, “Maui Jim,” “we,” ”us,” or “our”) is pleased to offer you its products for purchase, subject to these Terms of Sale (these “Terms”). If you have any questions or concerns, please contact us by email at email@example.com or by calling us at 1.888.666.5905. Many mahalos (“thank you” in Hawaiian) for your interest and cooperation!
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS WITH RESPECT TO THE PURCHASE OF MAUI JIM PRODUCTS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER / KEEP THE PRODUCT.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR A PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE THE PRODUCTS AND TO ENTER INTO SUCH AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to change these Terms at any time, so please review the Terms each time prior to making an online purchase from Maui Jim. Every time you order products from us, the Terms in force at that time will apply between you and us.
The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other applicable consumer rights.
1. Orders. Maui Jim may accept your offer to purchase products from the Maui Jim website (the “Website”), subject to these Terms. At that time, we or our designated fulfillment provider will capture payment on the payment card you provide and ship your product. We may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the products requested.
We reserve the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
2. Payment. By providing a payment card (e.g., credit card) or other payment method accepted by Maui Jim, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem Maui Jim encounters in order to proceed with your order. In the event you want to change or update payment information associated with your account, you can do so at any time by contacting us by email at firstname.lastname@example.org or by calling us at 1.888.666.5905.
3. Availability and Pricing. All Maui Jim products offered on the Website are subject to availability, and Maui Jim reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain products without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for Products you have already placed.
Maui Jim may charge sales tax in accordance with applicable laws.
4. Resale and Title Transfer. Purchases made on the Website are intended for end users only and are not authorized for resale. Title for products purchased from the Website passes to the purchaser at the time of delivery by us to the carrier.
5. Shipping and Delivery. Our delivery charges (if any) and shipping methods are as described on the Website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
6. Limited Warranty Maui Jim provides a warranty on Maui Jim frames and Maui Jim lenses to the original purchaser of same, for two (2) years after the date of purchase against manufacturer's defects in materials and workmanship. Maui Jim will replace or repair, at its option, any frame or lens covered by this warranty that is found to be defective. Damage resulting from alteration of frames or lenses (including damage resulting from installation of lenses), improper or unreasonable use, or from normal wear and tear (including accidental breakage), is not a manufacturer's defect.
The above warranties are only provided to the original purchaser of a Maui Jim product. Except for the warranties stated herein, Maui Jim provides no other warranties on its products. Your use of our products is at your own discretion and risk. You will be solely responsible for (and we disclaim) any and all loss, liability, or damages resulting from your use of a product.
To submit a warranty claim, please refer to Maui Jim's website at https://www.mauijim.com/repairs or call Maui Jim at 1.888.666.5602. You will need to send Maui Jim (1) the actual defective Maui Jim product and (2) proof that you purchased the product. Maui Jim charges a processing fee for each warranty claim.
7. Repairs. If you experience a problem with a Maui Jim product that is not covered by the warranties above, Maui Jim may still be able to assist in repairing the product, at our sole discretion. (Please note that if you purchased a prescription Maui Jim product from a retailer rather than from Maui Jim directly, Maui Jim might not be able to repair or replace the prescription lenses, though Maui Jim should still be able to provide an estimate for the cost of repairing the frames).
There is a form available on Maui Jim's website to submit a repair request: https://www.mauijim.com/repairs. Upon submission of the form, you will be sent an estimate for the cost of the repair. If you prefer not to fill out the online form, you may instead call Maui Jim at 1.888.666.5905 to receive an estimate.
8. Returns Maui Jim will accept return of any product purchased directly from Maui Jim, if the product and proof of purchase are received by Maui Jim within thirty (30) days after the sale. (If you purchased a Maui Jim item from a retailer, the retailer will need to help you with any return). For more information on how to make a return or to begin the process of making a return, please visit https://www.mauijim.com/US/en_US/order-return.
9. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (a) IN NO EVENT WILL WE (OR OUR SUPPLIERS OR LICENSORS) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (b) IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US (OR OUR AUTHORIZED DESIGNEE) FOR THE PRODUCT AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR SUPPLIERS AND LICENSORS. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Injunctive Relief. You agree that your breach or threatened breach of these Terms will cause us irreparable injury for which recovery of monetary damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under these Terms in addition to any and all other remedies available to us at law or in equity.
11. Governing Law. These Terms are governed by the laws of the State of Illinois and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. You irrevocably consent to the exclusive jurisdiction of the federal and state courts situated in Peoria, Illinois for purposes of any legal action arising out of or related to these Terms or the sale of Maui Jim products.
12. Force Majeure. Maui Jim shall not be liable for failure to perform by reason of strikes, fires, floods, unavoidable accidents, wars, delays in transportation, acts of God, or other causes beyond its reasonable control. In connection with the foregoing, you acknowledge that delivery of the products is contingent upon Maui Jim's ability to obtain supplies, raw materials, and services through its regular and usual sources and thus, if for any reason beyond Maui Jim’s control, Maui Jim is not able to meet anticipated deliveries, Maui Jim will not be liable and may postpone the delivery date(s) for a reasonable period of time under the circumstances.
13. Reservation of Rights. Maui Jim reserves the right to sell or not sell its products to any person. If Maui Jim believes you are abusing the above policies, then Maui Jim might not sell products to you in the future.
14. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
15. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms, he or she is not acting as an agent for Maui Jim or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on Maui Jim's behalf.
16. Assignment. We may assign our rights under these Terms without your approval.
17. Legal Notice For New Jersey Residents. Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms shall not be applicable to New Jersey residents: (1) the provisions concerning limiting Maui Jim’s liability for any loss or damage is not applicable to New Jersey residents to the extent Maui Jim was negligent or has breached its obligation; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms.
18. Contact. If you have any questions regarding these Terms, you can contact us at: email@example.com.