Product Liability Disclaimer
By using or purchasing any product from Barrel It Up, including but not limited to our hitting products, you acknowledge and agree to the following terms:
1. Product Use and Safety
Barrel It Up products are designed to improve your baseball training experience. However, it is essential that you use them in accordance with the provided instructions. Improper use of the product may result in injury, damage, or other adverse effects. Barrel It Up is not responsible for any injuries, damages, or losses resulting from the misuse of its products.
2. No Warranty on Product Performance
Barrel It Up makes no warranties, express or implied, regarding the performance of the product beyond its design specifications. We do not guarantee that using our products will improve performance or prevent injury during baseball-related activities.
3. Assumption of Risk
By using Barrel It Up products, you assume all risks associated with their use, including the risk of injury, damage to property, or any other loss. You are solely responsible for ensuring that you or any individual using the product is in good physical condition and capable of safely using the product.
4. Limitation of Liability
To the fullest extent permitted by law, Barrel It Up’s liability for any claim related to product use is limited to the purchase price of the product. Barrel It Up is not liable for any incidental, consequential, or punitive damages arising from the use of its products, including but not limited to personal injury, property damage, or lost profits.
YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE AND EXCLUSIVE LIABILITY, UNDER THIS WARRANTY SHALL BE REPAIR OR REPLACEMENT (IN OUR SOLE DISCRETION) OF THE BROKEN PRODUCT. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing limitations of liability do not apply to our liability for:
(i) Personal injury or death caused by our negligent acts; or
(ii) Our intentional, willful, or reckless misconduct or gross negligence.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
5. California Law and Venue
This disclaimer shall be governed by and construed in accordance with the laws of the State of California. Any legal action or claim arising from the use of Barrel It Up products must be filed in the appropriate court located within San Bernardino County, California.
6. Indemnity
By using Barrel It Up products, you agree to indemnify, defend, and hold harmless Barrel It Up, its officers, employees, agents, and affiliates from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising from your use of the product.
Prices and Payment Terms
1. Price Changes
All prices posted on the Barrel It Up website are subject to change without prior notice. The price charged for a product will be the price in effect at the time your order is placed and will be reflected in your order confirmation email. Any price increases will apply only to orders placed after the price change. Prices listed do not include applicable taxes or shipping and handling fees, which will be added to your total at checkout and itemized in your shopping cart and order confirmation email.
2. Pricing Errors
We strive to ensure that all prices and product details on our website are accurate. However, we are not responsible for pricing, typographical, or other errors that may occur. We reserve the right to cancel any orders that result from such errors, including pricing discrepancies.
3. Payment Terms
All payments are subject to our approval, and payment must be received by us before we accept and process your order. We accept the following payment methods: Visa, Mastercard, American Express, Discover, Shop Pay and Apple Pay. By providing your credit card information, you represent and warrant that:
(i) The credit card information you supply is true, correct, and complete;
(ii) You are authorized to use such credit card for the purchase;
(iii) The charges incurred will be honored by your credit card company; and
(iv) You will pay all charges incurred, including applicable taxes, at the posted prices.
Shipments; Delivery; Title and Risk of Loss
1. Shipment and Delivery
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.
2. Title and Risk of Loss
Title and risk of loss for the products pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Return Policy
1. Return Eligibility
Our policy lasts 30 days from the date of purchase to the date of return inquiry. If 30 days have passed since your purchase, we cannot offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
2. Non-returnable Items
The following items cannot be returned:
3. Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.
4. Late or Missing Refunds (if applicable)
If you haven’t received your refund yet:
5. Sale Items (if applicable)
Only regular-priced items may be refunded. Unfortunately, sale items cannot be refunded.
6. Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, please visit the contact page, select "customer service," and submit a message stating you need an exchange.
7. Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver.
Shipping Instructions
To return your product, please visit the "Contact Us" page, select "Customer Service," and send a message requesting to return the product.
By purchasing and using our products, you accept and agree to the terms of this Product Liability Disclaimer and related policies.