Terms and Conditions
TERMS OF SALE
These Terms and Conditions ("TERMS AND CONDITIONS") apply to offers and sales of products on or through “www.slingerhawaii.com” (the “Website”), which is owned and operated by Imua Interactive, LLC (“Slinger Hawaii”).
Imua Interactive, LLC. is the seller of all products offered and sold on or through the Website.
With regard to your purchases on the Website, we will communicate electronically by email or posting electronically.
You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Please note that these Terms and Conditions give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
1. ABOUT THESE TERMS AND CONDITIONS
Information contained in Slinger Hawaii's advertising, brochures or other written materials, on the Website or given to you, is for information only and not an offer by Slinger Hawaii to supply any Products.
Additional terms and conditions may be required to be accepted for special purchase programs or as may be otherwise communicated. In such a case, the relevant terms and conditions will be made available to potential purchasers or participants online, on the Website or otherwise as may be appropriate in the circumstances.
2. PLACING AN ORDER
To be able to buy Products you must:
Provide your name and address, phone number, email address, payment details and other required information.
Be at least 18 years of age.
Provide a delivery address (Note that Slinger Hawaii is unable to deliver to any addresses outside the state of Hawaii and Guam).
Be the owner or authorized holder of a valid debit/credit card. You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page.
3. ORDER PROCESSING AND CONTRACT FORMATION
You agree that your order is an offer to buy the products listed in your order under these Terms and Conditions.
All orders must be accepted by Slinger Hawaii. We may choose not to accept abnormal orders and orders in which Slinger Hawaii suspects are not placed in good faith.
After having received your order, we will send you an acknowledgment email ("Your Slinger Hawaii Order") 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 Slinger Hawaii and you will not take place unless and until you have received your Slinger Hawaii order confirmation email.
4. PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES
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 the order receipt and order confirmation emails.
Slinger Hawaii may change prices at any time without notice.
Price increases will only apply to orders placed after such changes.
Slinger Hawaii charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your Slinger Hawaii order.
Unless stated otherwise, prices for our products include charges for shipping and handling.
Any additional charges for tax and shipping will be itemized in your shopping cart and on your Slinger Bag order confirmation email.
5. PRODUCT AVAILABILITY AND DELIVERY, CIRCUMSTANCES BEYOND REASONABLE CONTROL
Slinger Hawaii does not guarantee the availability of any product.
Slinger Hawaii reserves the right, without liability or earlier notice, to change, discontinue or stop selling any product.
We will provide you with the information on the latest expected delivery date which will not exceed 60 days unless you specifically agree on later delivery date.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us and we may charge you for any expenses or fees incurred in connection therewith.
Delivery options are defined in ‘checkout’ and are subject to change.
Delivery based on the option selected is not guaranteed.
Express Delivery is not a standard option and may not be available.
In the event that Slinger Bag does offer an express delivery service and for any reason this service fails to deliver on the requested time, then reimbursement of any additional payment incurred as the express delivery charge will occur.
If any items that you have purchased remain undelivered and are returned to us, we will consider that you have exercised your right to cancel the contract.
When we receive the returned delivery package we will refund you in accordance with our RETURN POLICY less the reasonable additional costs incurred by Slinger Hawaii.
Customers desiring to return a product or refuse delivery will be best served by receiving the delivery and then following the guidelines set forth in the RETURN POLICY.
Slinger Hawaii shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, pandemic, COVID-19, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
6. COMPATIBILITY, PRODUCT INFORMATION
When placing your order please ensure that the products you purchased are compatible with their intended use. Please use the information provided on the Website as a reference when checking compatibility. In the event of a difference between the Website content and any other Slinger Bag (or non-Slinger Bag) web site (or any other source of information) the compatibility of Slinger Bag products as shown on the Website at the time of purchase will be seen as taking precedence.
We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
Payment by credit/debit cards shall be made by a credit or debit card approved by Slinger Bag. Approved credit and debit card types are listed on the Website.
You must supply your payment card details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment card will be charged on the shipment of the ordered items.
We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products.
As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
8. TITLE TO PRODUCTS
Slinger Bag Company INC retains full legal title to Products until it has received all amounts due for the ordered products.
9. RETURNS, REFUNDS AND OTHER OPTIONS
If you have bought products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased, you have thirty (30) calendar days after the date of receipt of the delivery to return your Slinger Hawaii products.
Please refer to our RETURN POLICY. Our Returns Policy contains full instructions on how to return a Slinger Hawaii product.
1. All returns require a Returns Authorization Number
2. We only accept returns on new and unused products in their original packaging.
Slinger Hawaii provides limited warranties to buyers who purchase Slinger Bag products (“Products”). Slinger Bag Products carry the Limited Warranty as defined for the particular product as listed in the following link: http://www.slingerhawaii.com/pages/warranty.
11. PERSONAL DATA
12. OUR LIABILITY
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the sale of Products.
Except for the express limited warranty for the Product purchased, Slinger Hawaii disclaims any implied warranty, including the warranty of merchantability or the warranty of fitness for a particular purpose. Slinger Hawaii further disclaims any implied or express warranty of, and assumes no responsibility for, defects in workmanship caused by third parties who are not acting on Slinger Hawaii’s behalf or modifications made to the Products by anyone other than Slinger Hawaii or those authorized by Slinger Hawaii. Slinger Hawaii further disclaims all liability and damages of any kind related to the use of Products in any manner which is not consistent with the Product's intended use.
These Terms and Conditions give the consumer specific legal rights; a consumer may have other rights depending upon where he or she lives. Some jurisdictions do not allow the exclusion or limitation of special, incidental, or consequential damages, or limitations on how long a warranty lasts, so the above exclusion and limitations may not apply to everyone.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
14. CONTACT DETAILS
Slinger Hawaii customer service will assist you with any questions. You can contact customer service at www.slingerhawaii.com/contact
15. GOVERNING LAW
These Terms and Conditions shall be governed and construed in accordance with laws of the State of New York without reference to or application of the conflicts of law rules of New York or any other jurisdiction.
16. DISPUTE RESOLUTION
(i) MANDATORY ARBITRATION PROVISION
(ii) WAIVER OF RIGHTS TO A CLASS ACTION