Terms of Sale
Last Modified: November 1, 2022
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THE WEBSITE (DEFINED BELOW), YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE (DEFINED BELOW). YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ASTRAL VESSELS (DEFINED BELOW), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms of Sale”) apply to consumer purchases of products sold through astralvessels.com (the “Website”) by Astral Vessels LLC, a Colorado limited liability company (“Astral Vessels,” “us,” “we,” or “our”). These Terms of Sale are subject to change by Astral Vessels without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on the Website, and you should review these Terms of Sale immediately prior to purchasing any product that are available through the Website. The Terms of Sale in effect at the time of your purchase will govern your transaction.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After we receive your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Astral Vessels and you will not take place unless and until you have received your order confirmation e-mail.
You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our office at 1.303.578.9561 or by sending an email to email@example.com.
Prices and Payment Terms
Prices. All prices posted on the Website 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 e-mail. 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 in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Payment. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa and Mastercard payments via PayPal for all purchases, as well as payments made thru PayPal that are funded by other sources, including bank accounts. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are 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 all applicable taxes, if any.
Shipments; Delivery; Title and Risk of Loss
Shipping. We will arrange for FREE, insured shipment of the products to your domestic U.S. address through the U.S. Postal Service (“USPS”) for all orders over $500, unless otherwise specified by you at check out. We will do the same for orders under $500 except you will be charged a flat fee of $17 at checkout. Expedited shipping, the use of other carriers and shipment to Canada are also available for additional charges. If you select one of these options or if your order totals less than $500 you will be responsible for the charges specified during the ordering process. You are responsible for all duties and taxes applied to a shipment at customs, and a contact phone number is required for all shipments.
Delivery. A signature will be required for all shipments at the time of delivery. Delivery on Sundays or holidays is unavailable. Saturday delivery may be available, but please contact us at 1.303.578.9561 or firstname.lastname@example.org for pricing and eligibility.
Title and Risk of Loss. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Gift Note. You may provide the text of a Gift Note during checkout. It will be printed on an Astral Vessels note card and included in your package for no additional charge.
Personalization. Engraving or other methods of inscription or personalization of your products are available for certain items at an additional charge, as indicated in the product description. Items that have been personalized by any method are non-returnable. Only Astral Vessels may personalize your products or otherwise alter their appearance in any way without immediately voiding your Warranty. Please contact our staff at email@example.com for details, including pricing and delivery times.
Repairs. For repair inquiries please call our office 1.303.578.9561 or send an email to firstname.lastname@example.org describing the issue. We will attempt to respond to your inquiry within 48 hours.
Authenticity. Genuine Astral Vessels are branded with our company name and trademark, and each will be shipped with a Certificate of Authenticity. Please contact us at email@example.com to report any possible counterfeits you have encountered.
Returns and Refunds.
Returnable and Non-Returnable Items. Except for those items designated on the Website as non-returnable, we will accept a return of any products provided through the Website for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fourteen (14) days of delivery and provided such products are: (a) received by us in their original, as-new condition; (b) accompanied by the original sales receipt; and (c) accompanied by the Certificate of Authenticity originally included with the product. Engraved, inscribed or otherwise personalized items are non-returnable and non-refundable. All sales are final fourteen (14) days after the date of delivery.
Requesting a Return. To return products, you must first call 1.303.578.9561 or send an email to firstname.lastname@example.org and request our authorization. If we authorize your return, we will provide you with a Return Merchandise Authorization (“RMA”) number that must be clearly printed on the outside of the package or referenced on the air bill of your return shipment. No returns of any type will be accepted without an RMA number.
Shipment of Return Items. After we have authorized the return and provided your RMA number you must ship the product by USPS to: Astral Vessels, P.O. Box 1551, Boulder CO, 80306. You are responsible for the shipping, insurance and all related charges of returning any items. Title and risk of loss pass to Astral Vessels only upon our receipt of the products from the carrier, and as we will only provide refunds for products that we receive in original, as-new condition, we strongly recommend that you pack your return items carefully and insure the shipment against loss or damage for the full value of the contents. Be sure to choose a USPS package service that offers coverage for the full value.
Refund Processing. Refunds are processed by us within approximately fourteen (14) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website and may then take several days to be processed by your bank and credited to your account following processing by Astral Vessels.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF ORIGINAL RETAIL SALE (THE “WARRANTY PERIOD”), WE WARRANT TO THE ORIGINAL RETAIL PURCHASER OF ANY PRODUCT MANUFACTURED BY ASTRAL VESSELS, AND SOLD ON THE WEBSITE, OR PURCHASED FROM AN AUTHORIZED RETAILER OF ASTRAL VESSELS, THAT THE PRODUCT WILL BE FREE FROM DEFECTS IN WORKMANSHIP.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AT OUR SOLE DISCRETION AND ONLY AS SET FORTH IN THIS WARRANTY STATEMENT. TO PRESERVE THIS LIMITED WARRANTY, ONLY ASTRAL VESSELS (OR ITS AGENT, AUTHORIZED IN WRITING) MAY MODIFY, REPAIR, OR WORK ON YOUR ITEM.
WE LIMIT (AND YOU AGREE THAT WE WILL LIMIT) THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE WARRANTY PERIOD; HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON THE PERIOD OF TIME AN IMPLIED WARRANTY LASTS, SO THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
Warranty Exclusions. This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear including scratches and indentations; tarnish, discoloration, fading or other changes in cosmetic metal finishes whether due to normal wear and tear or to external causes such as accidents, abuse, exposure to chemical vapors or other actions or events beyond our reasonable control.
Remedies Under This Warranty. With respect to any products exhibiting defects during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will pay for the shipment of the product to us for warranty service, and for the return of the product or the replacement product to you if we elect to repair or replace the defective products.
Warranty Service. To obtain warranty service, you must first call 1.303.578.9561 or e-mail our Customer Service Department, email@example.com during the Warranty Period. We may request that you send pictures of the Product to verify its eligibility for warranty service. If we authorize the warranty service we will provide you with a USPS Priority Mail Airbill for the return shipment as well as a Return Merchandise Authorization (“RMA”) number that must be clearly printed on the outside of the package.
Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
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.
Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemics, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage (each, a “Force Majeure Event”). We will give notice to you within ten (10) days of a Force Majeure Event, stating the period of time the occurrence is expected to continue. We will then use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized, and we will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause of the Force Majeure Event.
Governing Law and Jurisdiction
All matters relating to these Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the federal or state courts of Denver, Colorado, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Assignment and No Third Party Beneficiaries
You shall not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No purported assignment or delegation relieves you of any of your obligations under these Terms of Sale. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Astral Vessels.
We may provide any notice to you under these Terms of Sale by: (i) sending a message to the e-mail address you provide. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To give us notice under these Terms of Sale, you must contact us by either (i) personal delivery, overnight courier or registered or certified mail to ASTRAL VESSELS, P.O. Box 1551, Boulder, CO 80302 or (ii) via email at firstname.lastname@example.org. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Notices sent via email will be effective upon sending.
Entire Agreement and Severability
If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
Help or Advice
We welcome you to contact our staff at 1.303.578.9561 or by sending an email to: