Terms of service
TERMS AND CONDITIONS
Effective Date: 1st day of January 2024
These terms and conditions (the "Terms and Conditions") govern the use of www.valhallapickleball.com (the "Site"). This Site is owned and operated by Valhalla Pickleball LLC. This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Valhalla Pickleball LLC and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Violate the intellectual property rights of the Site owners or any third party to the Site.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you receive an account on our site, you agree to the following:
- You are solely responsible for your account and the and privacy of your account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful, and you will update your personal information as necessary if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
- Sports equipment; including but not limited to paddles & balls for playing pickleball and paddle sports
- Clothing; including but not limited to branded athletic and casual apparel
- Accessories; including tools, equipment, and products for pickleball and related sports
- Cosmetics; specifically temporary tattoos applied using a transfer medium
- Print Design; stickers and other printed paper or vinyl-based merchandise
These Terms and Conditions apply to all goods that are displayed on our Site at the time of access. This includes all products listed as being out of stock. All information, descriptions, images, and/or videos that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, images, and/or videos as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site of your own volition and at your own risk.
We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods & Services
Our Site may offer goods and services from third parties. Although we conduct our own internal review and test every product ourselves with the goal of selling quality products, we cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Payments
We accept the following payment methods on our Site:
- Credit Card; and
- PayPal
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any laws or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping & Delivery
When you purchase goods marked as ‘in stock’ and ‘ready to ship’ from our Site, the goods will be delivered through one of the following methods:
- Standard Delivery via USPS; typically arriving in 5-9 business days (excludes weekends & holidays)
- Expedited Delivery vis USPS; typically arriving in 3-5 business days (excludes weekends & holidays)
- Delivery by alternate post service such as UPS or FedEx may be used in certain instances, if it can be determined prior to ordering that shipping rate will be cheaper to the delivery address. We are not responsible for confirming comparison rates, but work with customers if they feel those services would be cheaper. Often USPS is the most affordable option.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase. Exceptions noted for promotions specific to free or reduced shipping costs.
If you purchase goods from us for delivery to a destination outside the United States, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Valhalla Pickleball LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Valhalla Pickleball LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site and your violation of these Terms and Conditions.
Applicable Law
These Term and Conditions are governed by the laws of the State of Florida.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Valhalla Pickleball LLC are unable to resolve any dispute through informal discussion, then you and Valhalla Pickleball LLC agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Valhalla Pickleball LLC.
Notwithstanding any other provision in these Terms and Conditions, you and Valhalla Pickleball LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.