Please read these terms and conditions of sale (“Terms”) carefully before using this website. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you (referred to herein as “you” or “Customer”).
This Agreement contains the terms and conditions that apply to your purchase of products from Adroit Pens (referred to herein as “Adroit Pens,” “we,” “us,” or “our”) through its website, adroitpens.com (the “Website”). By using the Website or placing any order for products through the Website, or through any other means such as by phone order, you agree to be bound by and accept these terms and conditions. These Terms apply (i) unless the Customer has signed a separate purchase agreement with Adroit Pens, in which case the separate agreement shall govern; or (ii) unless other Adroit Pens standard terms apply to the transaction. These terms and conditions are subject to change without prior written notice at any time in Adroit Pens’ sole discretion. Such changes are effective immediately upon posting on this Website and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms.
These Terms may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Adroit Pens.
At Adroit Pens, we do our best to provide the most accurate and timely information on our products and services. Due to the fact that our site uses a very high degree of electronics automation, software, and human contact, it is possible that an occasional error or errors may appear on our site. In the event of such error(s), Adroit Pens has the absolute right to disallow any transaction by a user of the Adroit Pens business or website, in which Adroit Pens would be adversely affected. That may include the cancellation of order(s) placed with our company, as well as the cancellation of an order(s) following its shipment and/or receipt by our Customer(s).
We reserve the right at any time to collect from Customers, the value of any amount(s) received unjustly due to errors or omissions on the Adroit Pens Website, products shipped in error or otherwise.
Prices are subject to change without notice. Promotional offers may not be combined with any other offers.
At Adroit Pens we proudly stand behind the authenticity of our goods. In all instances, these goods are each hand made by Adroit Pens.
If you purchase goods from Adroit Pens you agree that the offer and sale of those goods takes place in, and will be governed by the laws of, the State of Illinois. You also agree that any legal or equitable claim arising from your purchase must be brought in the city, state or federal courts located in McDonough County, Illinois and you consent to the exclusive jurisdiction and venue in such courts. Title to goods passes to you at the time of delivery by the Adroit Pens to a common carrier. Sales tax may be applied to your Adroit Pens order in accordance with individual state and local regulations. Appropriate tax charges will appear on the “Order Summary” page during checkout.
Adroit Pens does not sell products for purchase by children. Adroit Pens is not intended or directed to individuals under the age of 18. We reserve the right to refuse service to any person for any reason.
We strive to make quality pens at fair prices, but if you are not satisfied we want to know about it. Any return and subsequent refund will be handled on a case by case basis. We test each pen before shipping to ensure functionality and there is no guarantee on returns or refunds, but… we will seek to make it right if possible. Contact rbarnett@adroitpens.com for questions or concerns.
YOU REPRESENT, ACKNOWLEDGE, AND AGREE THAT THE SITE AND ALL INFORMATION, CONTENT OR PRODUCTS, INCLUDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND THAT ADROIT PENS HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, ADROIT PENS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE AND THE INFORMATION, CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY PRODUCT (ALL OF WHICH ARE DISCLAIMED).
UNDER NO CIRCUMSTANCE SHALL ADROIT PENS, ITS PARENTS, SUBSIDIARIES OR AFFILIATES AND EACH OF THE FOREGOINGS’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THIS AGREEMENT OR ANY INFORMATION, CONTENT OR PRODUCTS OBTAINED THROUGH THE SITE OR PROVIDED BY ADROIT PENS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ADROIT PENS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF ADROIT PENS TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR THE PRODUCTS OR SERVICES WHICH GIVE RISE TO THE LIABILITY. YOU MAY BRING NO CLAIM AGAINST ADROIT PENS MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIABILITY OF ADROIT PENS IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.