You agree to the following terms, which apply to the sale of the products you are buying from RollBliss Kimonos, LLC, a Texas limited liability company (“RollBliss” or “We”). These terms form a binding legal agreement between you and RollBliss.
1. Sale of Goods.
We will sell to you the items listed on Exhibit A (the “Goods”). The Goods will be provided according to the specifications, if any, and for the prices and quantities listed on Exhibit A. You are responsible for all taxes and third-party expenses imposed on or in connection with your purchase, in addition to the purchase prices.
100% of the purchase price of the Goods is required in advance of our manufacturing the Goods. We will send you an invoice to pay online. Please pay when you send back your approval of the mockup and acceptance of these terms.
3. Delivery / Title / Risk of Loss.
The estimated delivery date is set forth on Exhibit A. The Goods will be deemed received when they are delivered to you. You will select the method of shipping and pay for it. We will ship the Goods to the address you provide. Title to and risk of loss of the Goods will pass to you upon delivery. Any stated delivery dates are estimates. We will not be liable for any losses, damages, penalties, or expenses for failure to meet any estimated delivery date. If you instruct us to deliver the Goods outside of the United States, you agree to determine and follow all applicable laws of relevant jurisdictions other than the United States. You are solely responsible for any costs associated with importation.
Examine the Goods as soon as you receive them. If the Goods are damaged in transit or they do not conform to the warranty in paragraph 7, inform RollBliss immediately by emailing [firstname.lastname@example.org]. Your failure to give notice of any claim within seven (3) days from the date of delivery will serve as your unqualified acceptance of the Goods and a waiver of any claim that the Goods are unsatisfactory. Do not return the Goods to us before receiving our written approval to do so. At our election, we will repair or replace Goods that are damaged in transit or do not conform to the warranty in paragraph 7.
5. Right to use Designs.
You hereby grant RollBliss the limited, royalty-free, non-exclusive right and license to use the images, designs and other materials that you provide to RollBliss (“Buyer Materials”) in order to manufacture the Goods. You state that the Buyer Materials all are your sole and exclusive responsibility. You state that RollBliss’ use of the Buyer Materials will not infringe, misappropriate or violate the intellectual property rights of any third party, and you indemnify us for any such violation.
6. Cancellations / Refunds.
You may not cancel your order of the Goods after you accept these terms and remit payment to RollBliss. We will not refund any money. If the Goods are damaged in transit or do not conform to the warranty in paragraph 7, we will repair or replace them.
7. Limited Warranty.
We warrant that the Goods will be substantially similar to the design provided in the markup, which you will approve in connection with signing this agreement and paying for the Goods. You acknowledge that the Goods may vary slightly from the mockup.
8. Disclaimer of Warranty.
Except for the sole limited warranty set forth in paragraph 7, the Goods are being sold “as-is, where-is” without any warranties of any kind. To the fullest extent permissible under applicable law, we disclaim all warranties of quality, whether express or implied, including, but not limited to, the warranties of merchantability and fitness for particular purpose, of non-infringement, accuracy, freedom from errors, or suitability of content. You acknowledge that you have not been induced by any statements or representations from RollBliss or any of its employees or agents with respect to the quality or condition of the Goods. We bear absolutely no liability from any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration of the Goods, or any other act or omission on your part.
9. Assumption of Risk.
By buying and using the Goods, you acknowledge that martial arts, mixed martial arts and any similar sports are high risk activities. TO THE FULLEST EXTENT OF THE LAW, YOU VOLUNTARILY ASSUME THE RISK OF PERSONAL INJURY AND EVEN DEATH SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY OUR NEGLIGENCE OR OTHER FAULT, including as a result of the malfunction or failure of the Goods to adequately protect you. You agree to indemnify, defend and hold RollBliss harmless harmless from any and all loss or injury to persons or property arising out of handling, use or possession of the Goods.
10. Limitation of Liability & Actions.
We will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or your purchase generally (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether we have been advised of the possibility of any such damage. In no event will RollBliss’ liability exceed the price you paid for the Goods giving rise to the claim or cause of action. No action arising out of or relating to this agreement or your purchase generally may be commenced more than twelve (12) months after the basis for such claim could reasonably have been discovered.
11. Governing Law and Designation of Forum.
The laws of the State of Texas (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and your purchase generally. A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or your purchase generally must bring it in any court of the State of Taxes. You consent to the exclusive jurisdiction of the courts of the State of Taxes and its appellate courts, for the purpose of all legal actions and proceedings.
12. Recovery of Expenses.
In any adversarial proceedings between you and RollBliss arising out of this agreement or your purchase generally, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs, including legal fees and expenses.
Orders placed on www.rollbliss.com are processed Monday-Friday 8am to 3pm CST (excluding major holidays) and are shipped within 1-3 business days, pending payment authorization and verification. Rollbliss.com ships to all 50 states via USPS Priority Mail, FedEx Ground, UPS Ground, Home Delivery and 2 Day. Once your item is shipped you will be notified via an email with your tracking number.
If you purchased an item from www.rollbliss.com and want to exchange it for a different color or size, you can do so by returning the unused/unwashed item, within 7 days of receiving the shipment, to the address below with a copy of your original receipt and a written explanation of the items you would like. We will ship the new items to the original shipping address. All exchanges are dependent on current stock. Please check availability on www.rollbliss.com or by emailing email@example.com
All sales are final on custom/limited edition Gi orders. All sales are final on all academy custom orders we can replace them if the product is damaged when you recieve it. Custom and limited edition products may only be returned if the actual product we ship to you is not substantially similar to the mockup you approve in advance. You acknowledge that custom products may vary slightly from their mockups. You may not cancel a custom order with us after you pay for it. We will not refund any money. If a product is damaged in transit to you, we will repair or replace it.
One of the primary benefits of providing your email address is so that we can send you an order confirmation email shortly after you place your order. If there are any backordered items, the order confirmation will provide additional information as to when you can expect to receive your items. Once your order is shipped, we’ll send you a shipping confirmation email containing a tracking number so that you can track the progress and estimated delivery date of your order.
Track A Package
Once your order is shipped, we will email you a shipping confirmation that will contain the tracking number for your package. You may track your package at the appropriate shipping website USPS. Or you also can find your tracking number by logging in with your username and password to your RollBliss account here. Should you have any trouble whatsoever, do not hesitate to ask for help via email.
Product And Pricing
Although we have made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon your computer monitor (screen) and we cannot guarantee that your screen will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change.
We are not responsible for typographical errors or omissions on any of our websites, emails, catalogs or other printed material regarding price or any other matter, and reserve the right to sell an item at its intended price. We reserve the right to end any offer earlier than the stated or intended expiration date.
5401 FM 1626 Suite 170-262
Kyle, Texas 78640