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ORDERS: All orders are offers to purchase by Customer and are subject to acceptance by Gameday Gear, Inc. (referred to as ‘Gameday Gear’) at Gameday Gear’s home office in High Point, North Carolina. Such acceptance is conditional upon Customer’s acceptance of these Terms and Conditions. By placing an order through the Gameday Gear website you are warranting and representing that you, “Customer”, have the authority to accept these Terms and Conditions and that you have fully accepted them as presented herein.

PRICES: Orders will be invoiced at the prices prevailing at the time of the order’s entry. The amount reflected on any Gameday Gear invoice will be deemed accepted and conclusively binding upon Customer as an account stated unless Customer notifies Gameday Gear in writing within thirty (30) days after the date such invoice is received by Customer.

TAXES: Prices on all products are exclusive of all city, state, and federal excise taxes, including, without limitation, taxes on manufacture, sales, receipts, gross income, occupation, use and similar taxes. Wherever applicable, any tax or taxes will be added to the invoice as a separate charge to be paid by the Buyer.

TERMS OF SALE: Unless otherwise agreed, all Gameday Gear goods will be sold FCA as that term is defined within INCOTERMS 2000. Payment for all Gameday Gear goods sold on account stated will be due and payable pursuant to the Terms and Conditions stated on Gameday Gear’s invoice. The Terms and Conditions contained on any Gameday Gear invoice will control in any conflict with any other Terms and Conditions. Any sums not paid within the terms stated on the invoice are subject to a service charge of ONE AND ONE-HALF PERCENT (1.5%) PER MONTH or the maximum rate permitted by law, whichever of the two is lower. No discount will be allowed to any customer having an overdue balance. Outstanding invoices will be deemed “past due” when they have been unpaid for thirty-one (31) days from the date of issue. Customer will pay all such costs, collection agency commissions, expenses and reasonable attorney fees (including, without limitation at trial and on appeal) as Gameday Gear may incur in collecting any sums past due from Customer. Any action for breach of contract by Customer must be commenced within one year from the date of delivery of the goods. All freight, parcel post, FedEx, UPS or other delivery charges are Customer’s sole responsibility. Please refer to “RETURN TO STOCK” below for an explanation of the sole occasion when Gameday Gear will make an exception to this policy.

PRODUCTS: Gameday Gear makes all reasonable efforts to accurately display the attributes of the products for sale, including all applicable colors. The actual color seen will depend on Customer’s computer system. Gameday Gear cannot guarantee that Customer’s computer will accurately display such colors. The inclusion of any product on Gameday Gear’s website or catalog at any particular time does not imply or warrant that those exact products will be available at that same time.

BACK ORDERS: An order for an item that is temporarily out of stock is called a “back order.” When an item is a back order, Gameday Gear will ship the item to you as soon as it becomes available. Unless otherwise agreed, all back orders will be shipped FCA as that term is defined within INCOTERMS 2000. Back orders will be created for all unshipped orders and will stay on the system until shipped or the Customer’s cancellation date is reached.

CLAIMS: Deductions for any type of return can only be taken once the product has been authorized for return by, is physically returned to and received by Gameday Gear. Claims deduction must be taken at time of payment and requires submission of appropriate supporting documentation and claim reason. Cancellations, Returns to Stock and Defectives require Gameday Gear authorization prior to any deductions.

ORDER PROCESSING: For any Customer with Purchase Order requirements, before orders will be accepted by Gameday Gear and shipped, the Purchase Order hard copies must be signed and received by Gameday Gear.

CANCELLATION: Any request for cancellation of an order for Gameday Gear goods must be made through either the Customer’s Gameday Gear Sales Representative or Gameday Gear’s Customer Service department. A request to cancel an order which has been entered into Gameday Gear’s ordering system must be made, in writing, at least thirty (30) days prior to original Customer Requested Date and is subject to Gameday Gear’s approval in Gameday Gear’s sole discretion. Special Order (items non-cataloged by Gameday Gear) or customized (screen printed or embroidered) items are not eligible for cancellation.

LOSS OR DAMAGE IN TRANSIT: Gameday Gear will not be responsible for Gameday Gear merchandise damaged in transit. Customer will be responsible for checking its shipment upon delivery for total carton count and condition. Customer must notify both Gameday Gear and the delivery carrier (care of delivery carrier’s local office) of any evidence of damage to Gameday Gear goods that seem to have occurred during transit within ten (10) days of original receipt of the merchandise. Customer is responsible for filing all appropriate claims for damage during transit with the carrier according to that carrier’s claims requirements. Gameday Gear’s default method of shipping packages is to not require a signature for delivery. If Customer prefers that a signature be required for delivery, Customer must notify Gameday Gear at the time that the order is placed. Gameday Gear is not responsible for any loss or damage incurred by packages left by delivery services at Customer’s shipping address.

SHORTAGES IN UNOPENED CARTONS: All shortages must be reported to the Gameday Gear Customer Service Department within ten (10) days of original receipt of the merchandise. Customer will be required to furnish Gameday Gear with an order number and an itemization of all shortages/overages by product code, size and quantity. Incomplete claims and claims filed more than ten (10) days after receipt will not be accepted.

POLICIES – ALL RETURNS: All returns must be pre-approved by an authorized Gameday Gear Sales or Customer Service Representative. Defective and return to stock items must be authorized and returned separately. Gameday Gear cannot accept returns of personalized, embroidered or screen printed merchandise. Items sold at outlet stores, as irregulars, seconds or B-grades may not be returned; such sales are final. ALL RETURN FREIGHT CHARGES MUST BE PAID BY THE CUSTOMER unless Game Day Gear authorized the Customer otherwise.

RETURN TO STOCK POLICIES: All returns are made subject to Game Day Gear’s sole discretion. Return to stock requests must be received within ten (10) days of Customer’s original receipt of the merchandise. Merchandise must be returned in the same saleable condition as it was received by Customer (Example: items that were sold as a set must be returned as a set, items must not have been worn outside, etc.). A twenty percent (20%) restocking charge will be levied upon returns. This restocking charge will be waived if the return is due to a Game Day Gear error. Returns due to a Game Day Gear error will be granted a return code upon review of the order by an authorized Game Day Gear Sales or Customer Service Representative. For returns that are the result of a Game Day Gear error, Customer has the option of either having the merchandise returned by Game Day Gear’s carrier of choice at Game Day Gear’s expense or to receive a credit for return freight as paid by Customer upon submission of a freight bill to Game Day Gear. Credit for merchandise will be issued at the invoiced price. If no invoice is provided, on the day Game Day Gear issues credit, Game Day Gear will use the current product master file. A thirty percent (30%) restocking charge will be levied in the event that Customer makes an unauthorized merchandise return to Game Day Gear. Instead of Customer incurring this restocking charge, Game Day Gear can re-ship such unauthorized return merchandise to Customer. Customer will be responsible for actual return freight charges for such re-shipped merchandise.

DEFECTIVE RETURN POLICIES: The decision of whether or not a particular product is defective will be determined in the manufacturer’s sole discretion. Game Day Gear will not issue credit for product that is deemed non-defective by the manufacturer. Credit for defective products will be issued at the invoiced price net of Customer’s discount. If no invoice is provided, on the day Game Day Gear issues credit Game Day Gear will use the last documented price for the product within Game Day Gear’s product master file less Customer’s discount, if any.

WARRANTIES: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Game Day Gear HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR USE, OR OTHERWISE (EXCEPT AS TO TITLE) AND THIS DISCLAIMER SHALL APPLY TO ALL PRODUCTS SOLD BY Game Day Gear. EXPRESS WARRANTIES DIRECTLY AND EXCLUSIVELY PROVIDED BY THIRD-PARTY MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, MAY APPLY IF OFFERED BY SUCH THIRD-PARTY MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS – NO REPRESENTATIONS ARE MADE REGARDING THESE SORTS OF WARRANTIES BY Game Day Gear. NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF Game Day Gear.

HANDLING CHARGE: Game Day Gear will not pay handling charges on any orders.

SALES TO CHILDREN: Game Day Gear does not sell products for purchase by children. Game Day Gear sells children’s products for purchase by adults. If Customer is under 18 years of age, that Customer may only have products from Game Day Gear purchased for them by their parent or guardian.

TIME LIMIT FOR AUDIT CLAIMS: Game Day Gear invoices will not be subject to any audit claims by Customer unless Customer notifies Game Day Gear in writing within thirty (30) days after the date such invoice is due.

LIMITATION ON DAMAGES: [THIS SENTENCE FOR WEB USE ONLY – Game Day Gear does not accept any responsibility, and shall not be liable for any damages to or for viruses that may infect Customer’s computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of this website or Customer’s downloading of any materials from this website.] IN NO EVENT WILL Game Day Gear, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS OR RETAIL PARTNERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF Game Day Gear’S WEBSITE OR THE USE OF ANY PRODUCT PURCHASED FROM Game Day Gear WHETHER ARISING OUT OF WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCT(S) THAT CUSTOMER HAS PURCHASED THROUGH Game Day Gear, CUSTOMER AGREES THAT THEIR SOLE REMEDY, IF ANY, IS FROM THE MANUFACUTER, DISTRIBUTOR OR SUPPLIER OF SUCH PRODUCT, IN ACCORDANCE WITH SUCH MANUFACTURER’S, DISTRIBUTOR’S OR SUPPLIER’S WARRANTY.

INTELLECTUAL PROPERTY: Certain trademarks, trade names, copyrights, service marks and logos used within Game Day Gear’s website and/or print materials are registered and unregistered trademarks, trade names, copyrights and service marks of Game Day Gear. Other trademarks, trade names, copyrights or service marks used or displayed within Game Day Gear’s website and/or print materials are the registered and unregistered trademarks, trade names, copyrights and service marks of their respective owners. Nothing contained on Game Day Gear’s website and/or print materials should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, trade names, copyrights, service marks or logos displayed on Game Day Gear’s website and/or print materials without the express written permission of Game Day Gear or such third party owner.

USE OF THIS WEBSITE: Customer is responsible for maintaining the confidentiality or their account information and password and for restricting access to such information and/or computer. Customer agrees to accept responsibility for all activities that occur under their account and/or password.

CHOICE OF LAW: These Terms and Conditions supercede any other agreement between Customer and Game Day Gear to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions can be supplemented, modified or amended only in writing by Game Day Gear. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any principle of conflicts of laws. Any action or claim arising out of or relating to these Terms and Conditions or a transaction between Customer and Game Day Gear shall be brought only in a federal or state court sitting in Guilford County, North Carolina. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

FORCE MAJEURE: If a delivery date is specified, that date is an estimated delivery date and it will be extended to the extent that delivery is delayed by reason of fire, flood, war, riot, strike, natural disaster or any other event beyond Game Day Gear’s reasonable control. If, as a result of such a delay, the goods ordered are unavailable, Game Day Gear may substitute comparable goods.