1890 Nebraska Men's 1/4 Zip (adidas) - Red For Sale

TERMS AND CONDITIONS FOR THE PURCHASE OF PRODUCTS Last Updated: October 4, 2023 These Terms and Conditions for the Purchase of Products (these “Terms”) govern the terms and conditions under which you may purchase products through the “Shop” link on www.1890nebraska.com (shop.1890nebraska.com/Products) (the “1890 Shop”). These Terms expressly incorporate and are subject to the Privacy Policy and the Terms and Conditions of Use set forth on www.1890nebraska.com (the “Website Terms”), and by using the 1890 Shop you agree to these Terms, as well as Website Terms. The 1890 Shop and this website is owned and operated by The 1890 Initiative, LLC, a Nebraska limited liability company (“The 1890 Initiative,” “we,” “us” or “our”). Please read these Terms carefully before accessing and using the 1890 Shop. 1. Order Acceptance and Cancellation. You agree that any order you place on 1890 Shop is an offer to buy under these Terms. All orders must be accepted by us. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 2. Prices and Payment Terms. Prices posted on the 1890 Shop may vary or may be different from prices offered by us in other locations, including other promotions or membership programs that may be offered on www.1890nebraska.com. All prices, discounts, and promotions posted on the 1890 Shop 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 your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer, from time to time, promotions on the 1890 Shop that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. The terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. 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 shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. 3. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options (if any). You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 4. Returns and Refunds. Except for any products designated on the 1890 Shop as final sale or non-returnable, we will accept a return of regular priced products purchased through the 1890 Shop provided such return is made within fourteen (14) days of delivery with valid proof of purchase and provided such products are returned in their original condition (unworn, unwashed, unaltered) with all tags attached. Returned items can be exchanged for a different item or for a store credit. Return shipping costs will be reduced from the total return value. To return products, you must email us at the email address set forth in the “Contact Us” Section of these Terms in order to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. For defective returns, please refer to the manufacturer's warranty included with the product or as detailed in the product's description on the 1890 Shop. Any merchandise or products provided or received outside a direct purchase from the 1890 Shop through other channels, promotions, or memberships offered by The1890 Initiative, including, without limitation, products provided in connection with 1890 Membership Options, are non-returnable and non-refundable. 5. Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products offered on the 1890 Shop. The availability of products through the 1890 Shop does not indicate an affiliation with or endorsement of any product. Accordingly, we do not provide any warranties with respect to the products offered on the 1890 Shop. However, the products offered on the 1890 Shop may be covered by the manufacturer's warranty as detailed in the product's description and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty. 6. Disclaimer of Warranty and Limitation of Liability. Your use of the 1890 Shop is at your risk. The information, materials, content and services provided on or through the 1890 Shop are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights of a third party. With respect to the products offered on the 1890 Shop, there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. We will not be liable for any damages of any kind arising from the use of the 1890 Shop, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if we are expressly advised about the possibility of such damages. Some jurisdictions limit or do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to honor its warranty obligations to you. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. 7. Goods Not for Resale or Export. The 1890 Shop sells products to retail consumers only. You represent and warrant that you are buying products or services from the 1890 Shop for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US. 8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, located at https://www.1890nebraska.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of the products through the 1890 Shop. 9. Entire Agreement. These Terms, along with the Website Terms, contain the entire agreement of the parties for the 1890 Shop and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You agree to use the content and the 1890 Shop only for lawful purposes. 10. Assignment and Waiver. We may transfer, assign, or delegate this Agreement and its rights and obligations without your consent. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The 1890 Initiative’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 11. 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. 12. Contact Us. If you have any questions about these Terms or your dealings with our Website, please contact us by email at: info@1890nebraska.com. The 1890 Initiative, LLC 1125 Q Street Suite 401 Lincoln, Nebraska 68508 © 2023 The 1890 Initiative, LLC. All rights are hereby reserved by The 1890 Initiative, LLC, a limited liability company organized under Nebraska law.