Terms & Conditions
THESE TERMS AND CONDITIONS APPLY TO ALL SALES by REVGEAR SPORTS CO. The words "we" and "us" and "our" refer to REVGEAR SPORTS CO. The words "you" and "your" refer to the buyer. YOU SHOULD REVIEW CAREFULLY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. BY KEEPING AND USING THE PRODUCT YOU AGREE THESE TERMS AND CONDITIONS are part of the agreement between you and us. IF YOU WISH NOT TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE PRODUCT with its original packaging undamaged and in condition to be resold by us; see Returns and Exchanges below.
WARNING - High Risk Activity
Products sold by us include equipment and gear for martial arts, weight training, boxing, yoga, fitness, fencing and demonstration. Participation in any of these activities is high-risk sports activity. Your participation in any of these activities is atyour own risk. You should consult with a physician before participating in any of these high-risk activities. Read and follow specific warnings and instructions on products and in product literature or inserts. Save these documents for reference.
WARNING - Martial Arts Weapons
Products sold under the Weapons category are intended for demonstration or display as a collection item only. Use and misuse of Martial Arts weapons involves serious risks, including injury, disability and death. Weapons are sold only for training under expert supervision, for demonstration of form, collection or display. You should inspect weapons before each use to ensure they are in proper condition. If any unsafe condition is observed, do not use the product. You should not use weapons for sparring or contact. Sales of certain items are governed by local, state, federal and international law. It is your responsibility to comply with all applicable laws concerning use, ownership, legal age and possession of any product offered by us. By purchasing any item, you warrant compliance with all local, state, federal and international law, and thatyou are legally able to purchase and sell all items being purchased from us. We disclaim any and all liability related to improper, illegal, unintended use or modification of weapons. You and any user or participant assume all risk of injuryfrom any use. No weapons are sold to anyone under 18 years of age without parental consent. Weapons and items over 42" cannot be sent out of the United States. Some weapons may be prohibited in your area. You should check applicable statutes and ordinances before ordering.
ASSUMPTION OF THE RISK and AGREEMENT TO INDEMNIFY
You understand and agree that martial arts, boxing, yoga, fitness, weight lifting and demonstrations are high risk activities and, to the fullest extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF US, including but not limited to equipment malfunction from whatever cause or any other fault of us. Additionally, you agree to indemnify, defend and hold us and our agents and shareholders harmless from any third party claims arising from such High Risk Activities or Martial Arts Weapons or any other REVGEAR SPORTS CO. product.
AS-IS SALE - Limited Replacement Warranty
Except as stated in this paragraph, you agree that our agreement is that - (1) The goods are being sold on an "AS-IS" and "with all faults" basis; (2) The entire risk as to the quality and performance of the goods is with you; and (3) Should the goods prove defective following their purchase, you assume the entire cost of all necessary servicing or repair. We warrant our products to be free from defects in materials and workmanship for a period of 90 days from date of purchase, provided they have not been subjected to abuse, neglect or misuse. Our sole liability is limited to repairing or replacing products that are returned prepaid to us within this 90-day period, unless specific product literature specifies otherwise. Books and videos cannot be refunded once the seal is broken. Our warranty as to books and videos is limited to exchange for the same title if the tape or book proves defective. See our Return and Exchange Policy below for more information.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF REVGEAR SPORTS CO. REVGEAR SPORTS CO. NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
Limitation of Liability
As set forth above under the limited warranty provisions, our liability is limited to repair or replacement of the products which are returned to us prepaid in the specified period of time. In no event shall our liability exceed the price which youpaid for the product. To the fullest extent permitted by law, we shall not be liable for any special or consequential damages resulting from the purchase or use of any product sold by us.
Use and misuse of products sold by us involves serious risks including injury, disability and death. You and all users and participants assume all risk of injury. We cannot and will not be responsible for the misuse or unauthorized and improper use of products we sell.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. Ifyou discover an error in our website or catalog, please let us know.
Returns and Exchanges
New merchandise (not washed, worn, altered or soiled) and suitable for resale may be returned for exchange or a refund within 14 days of purchase. If new merchandise is returned within 15 - 60 days of purchase there is a 15% restocking charge; after 60 days, goods will not be accepted for refund or exchange. No returns are accepted on custom or clearance items. You must phone us at 800-767-8288 for a Return Merchandise Authorization number. Wrap merchandise securely and return via U.P.S, R.P.S, Fed Ex, or insured parcel post. All merchandise sold as sets must be returned as sets. You will be credited by the original method of payment including shipping and handling charges. A check or money order for shipping and handling charges must accompany all exchanges. Merchandise returned for exchange without a check or money order to cover shipping and handling will be charged to your credit card or sent out COD with appropriate charges. Allow 2 to 4 weeks on all returns for exchange, refund or credit. If you have any questions about our return policy, please contact ourservice department at 800-767-8288. Send your returns with your RMA # listed on the box to: Revgear Sports Co. Customer Returns, 15073 Keswick St, Van Nuys, California 91405.
Applicable Law and Arbitration of Disputes
Your order from and all sales by us shall be governed in all respects by the laws of the State of California, U.S.A., without its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the International sale of goods. California's “Song-Beverly Consumer Warranty Act” (at California Civil Code Section 1790 and following) applies to sales for personal, family or household purposes, and California’s Uniform Commercial Code applies to all other sales. All sales are subject to disclaimers and limitations of liability set forth herein. YOU AGREE that jurisdiction and venue for resolution of any dispute involving a claim not exceeding $5,000.00, whether in contract or in tort, directly or indirectly arising out of or relating to a sale by us will be in the small claims division of the Superior Court of California, for Los Angeles County. YOU AGREE that resolution of any such claim exceeding $5,000.00 shall be exclusively and finally by arbitration subject to the provisions of the California Code of Civil Procedure concerning arbitration (starting at section 1280) and the rules of the American Arbitration Association applicable to the claim at the time arbitration is commenced. Such arbitration shall occur in Los Angeles County, California, before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. A small claims court action or an arbitration, as the case may be, to pursue any cause of action or claim you may have with respect to the purchase or use of our products or any other claim related to the use of our website or catalog must be commenced within ONE (1) YEAR after the claim or cause of action arises. Our failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
The terms and conditions of all sales by REVGEAR SPORTS CO. provide for resolution by BINDING ARBITRATION in Los Angeles of all disputes between you and REVGEAR SPORTS CO., except disputes involving claims not exceeding $5,000.00 shall be resolved in the Small Claims Court division of the Superior Court of California, for Los Angeles County.
“BINDING ARBITRATION” means you GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the agreement between you and us or arising out of the agreement, and that your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
You should know arbitration procedures are MORE LIMITED THAN COURT PROCEDURES.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. SEE "Applicable Law and Arbitration of Disputes" ABOVE.
Do you have questions? If you need help during checkout, please contact our knowledgeable customer service representative at 800-767-8288 or International 818-781-7277, from 9:00 am to 5:00 pm PST, Monday through Friday.
California Proposition 65
What is California Proposition 65?
California Proposition 65 (Prop 65) is a California law that requires the state to keep a list of chemicals that the State of California has identified may cause cancer, birth defects or reproductive toxicity. The State of California requires businesses doing business in the State of California to provide a 'reasonable warning' before potentially exposing Californians to the chemicals. California requires all 'persons in the course of doing business' whose products are sold in California to comply with Proposition 65, in addition to federal laws for product safety.
What is the California Proposition 65 warning notice?
WARNING: The product(s) and/or packaging in this shipment contains/may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.
What product categories covered under this warning?
There are many commonly used items that fall under the State of California's Prop 65 mandates. Additionally, real properties are subject to California's Prop 65 mandates due to the possibility of hazardous chemicals being present in the nearby environment. Some of the product categories sold in the State of California, and California locations that require California Prop 65 notice include:
- Glassware, Ceramics and Tableware
- Batteries and/or Products that contain batteries
- Beauty Products (including first-aid kits and lotions)
- Products made with Fabric, Leather, Vinyl, Foam, Synthetic and Non-woven Material
- Hardware Suppliers
- Grocery Stores
- Drug Stores
- Medical Facilities
- Government Agencies
- Retail Stores
- Parking Garages
What chemical(s) in our product offering does this warning apply to?
All equipment, apparel and supplies are made from the most durable and safe materials, in full compliance with federal safety regulations. As there are many chemicals used throughout manufacturing processes our products may contain a trace amount of any of the 850+ chemicals on the California Proposition 65 warning list. The list of chemicals and metals covered by Prop 65 now exceeds 850, and the list continues to grow every year. For a complete listing, visitwww.oehha.org/prop65.html
Are our products in compliance with federal product safety laws?
Yes. Our products are in full compliance with all federal laws for product safety.
Where can I get more information on California Proposition 65?
For general information on the Proposition 65 list of chemicals, you may contact OEHHA's Proposition 65 program at (916) 445-6900, or visit http://www.oehha.org/prop65.html. For enforcement information, contact the California Attorney General's