Terms of Sale
Last modified: October 8, 2024
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS
PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING AN ITEM FROM THE WEB SITES OR MOBILE APPLICATIONS (COLLECTIVELY, “SERVICES”) OF REIMA USA, INC. AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, “COMPANY,” “WE” OR "US"), YOU AGREE TO BE BOUND BY THE TERMS OF SALE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
PLEASE READ THE TERMS CAREFULLY BEFORE MAKING A PURCHASE. THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS, INCLUDING A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH IN DISPUTE RESOLUTION AND ARBITRATION AGREEMENT SECTIONS, BELOW. PLEASE REVIEW CAREFULLY.
IF YOU DO NOT AGREE WITH THESE TERMS OF SALE, DO NOT MAKE A PURCHASE.
You may not order or obtain products from the Services if you fail to agree to these Terms of Sale, are not at least 18 years of age, or are prohibited from accessing or using the Services or any of its contents or products by applicable law. These Terms of Sale apply to your purchases of any products from Company, except to the extent that you have entered into a separate written agreement with Company that supersedes some or all of these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in Company’s sole discretion. By placing an order for products through the Sites, you agree to be bound by and accept the Terms of Sale in effect at the time of such order.
1. Overview
These Terms of Sale (“Terms”) apply to the purchase and sale of products through us.reima.com (the “Website”) and mobile application (the "App") as well other applications, tools and other related services we offer (collectively, with the Website and the App, referred to as the "Services"). These Terms are subject to change by Company without prior written notice at any time, at our sole discretion. Your continued use of the Services after a posted change in these Terms will constitute your acceptance of and agreement to such changes and will apply to all orders made on or after the effective date of the new Terms. It is your responsibility to check this page periodically for changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products to you.
These Terms are an integral part of the Terms of Use that apply generally to the use of our Services. You should also carefully review our Privacy Policy before placing an order for products or services through the Website or the App.
2. Orders
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the product(s) to you. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. After having received your order, we will send you a confirmation email 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 Reima USA, Inc. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our Customer Service Department at customerservice.ca@reima.com
3. Prices and Payment Terms
(a) All prices posted on the Services are subject to change without notice. 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 your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept American Express, VISA, Master Card, Discover, Diners Club, and JCB credit cards as well as Google Pay, Apple Pay and Shop Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes if any.
4. Shipments and Delivery (a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. (b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds Except for any products designated on the Services as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition and have not been worn or used. For more information on our refund policy and how to receive a refund, please visit our refund policy.
6. Limited Warranty
EXCEPT AS EXPRESSLY SET FORTH IN THESE WRITTEN LIMITED WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE OFFERED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, PRODUCT DESCRIPTIONS, TEXT OR IMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
In case you have received a product with a defect(s) from our Services, please contact us at customerservice.ca@reima.com and we would be happy to remedy your issue.
7. Goods Not for ReSale
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Services for your own personal or household use only, and not for resale.
8. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Services.
9. Force-Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule of the State of Delaware that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. If you access the Services from outside the U.S., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to the laws of the Delaware. You may not use the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Services. You are responsible for compliance with all U.S. and other export restrictions that may apply to your use of the Services or product purchases. Any legal suit, action or proceeding not required to be arbitrated as set forth below and arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES,OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PURCHASE MADE ON THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABLITY, STRICT LIABILITY OR OTHER THORY) ARISING OUT OF OR RELATING TO COMPANY’S OPERATION OF THE SERVICES OR OFFER TO SELL OR SALE OF PRODUCTS THEREON EXCEED $100 OR THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE SERVICES, WHICHEVER IS LESS. THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR COMPANY’S OWN GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
12. Dispute Resolution and Binding Arbitration
A. Dispute Resolution
PLEASE READ THIS SECTION AND INCLUDING THE ARBITRATION AGREEMENT SECTION CAREFULLY BECAUSE THEY REQUIRE YOU AND COMPANY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMIT THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND COMPANY FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND COMPANYAGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
We (you and Company) agree to cooperate to resolve any claim, controversy, or dispute arising out of or relating to these Terms, your access or use of our Services or any products or services offered by or purchased from Company through our Services, or any aspect of your relationship with Company, including any privacy or data security claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, ("Dispute"). Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (i) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (ii) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (iii) any dispute or claim that may arise after termination of these Terms and our relationship with you. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.
The party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. The notice shall be sent to:
Company, at:
Reima USA, Inc.
17301 W. Colfax Ave., Suite#200,
Golden, CO 80401,
United States
US: customerservice.us@reima.com
CA: customerservice.ca@reima.com
or to You, at:
Your last-used billing address or the billing and/or shipping address in your online profile.
We agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent we cannot resolve any Dispute through the informal dispute resolution procedure described above, any Dispute will be resolved by binding individual arbitration as set forth in these Terms, rather than in court, except that you or we may assert individual claims in small claims court if the claims qualify and so long as the matter remains in such court and advances only on an individual basis. Each party agrees to give up its right to go to court to assert or defend its rights under these Terms and with respect to any Dispute. You and Company expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
B. Arbitration Agreement
(i) Except for individual disputes that qualify for small claims court and any disputes exclusively related to intellectual property rights, including any disputes in which you or Company seek injunctive or other equitable relief for the alleged unlawful use of your or Company's intellectual property or other intellectual property infringement, all Disputes will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. However, to the extent permissible by applicable law, any relief must be individualized to you and shall not affect any other customer. You and we agree that each may bring claims against the other in arbitration only in your or Company’s respective individual capacities and in so doing you and we hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.
(ii) All Disputes must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:
• YOU AND Company AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND Company ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
• For any arbitration you initiate, you will pay the consumer filing fee, and Company will pay the remaining AAA fees and costs. For any arbitration initiated by Company, Company will pay all AAA fees and costs.
• For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (iii) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
• If you or Company submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Company agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Company agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
• The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
• The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Company or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Company understand and agree that when twenty-five (25) or more similar claims are asserted against Company or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Company’s Dispute might be delayed. For such coordinated actions, you and Company also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Company shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Company’s case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Company or you.
(iii) You and Company agree that these Terms evidence a transaction in interstate commerce and that this Arbitration Agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.
(iv) To the extent permitted by law, any Dispute by you or Company relating in any way to these Terms, Company products, or Company Services, or any aspect of the relationship between you and Company as relates to these Terms, Company products, or Company Services, must be filed within one year after such Dispute arises; otherwise, the Dispute is permanently barred, which means that you and Company will not have the right to assert the Dispute.
(v) If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.
(vi) If you do so, neither party can force the other party to arbitrate. To opt out of this Arbitration Agreement, you must notify us in writing no later than thirty (30) calendar days upon the earlier of either notice to you or posting updated terms to the Services. If you opt out of the Arbitration Agreement, the class action waiver shall continue to apply. your opt-out notice and must be sent via email to: customerservice.us@reima.com and shall include your name, address, and the same email address you used to create an account with us (if you created an account with us) and a statement that you wish to opt out of this Arbitration Agreement.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
15. No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. Notices
(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Reima USA, Inc., 17301 W. Colfax Ave., Suite#200 Golden, CO 80401
USA. We may update the address for notices to us by posting a notice on the Services. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement
Our order confirmation, these Terms, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.