Shield Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING AND USING YOUR PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE *15 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.
HIGH RISK ACTIVITY
Products sold through the Shield website, catalogue or otherwise, include equipment and gear for martial arts and demonstration. Participation in any of activities should be considered a high-risk sports activity. Your participation in any of these activities is at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read and follow specific warnings and instructions on products and in product literature or inserts. Save these documents for reference.
MARTIAL ARTS WEAPONS: WARNING
Products sold under the School supply category on the Shield website or catalogues are intended for demonstration or display as a collection item only. Use and misuse of Martial Arts weapons involves serious risks, including injury, disability and death. Weapons are sold only for training under expert supervision, for demonstration of forms, collection or display. Inspect weapons before each use to ensure they are in proper condition. If any unsafe condition is observed, do not use the product. Do not use weapons for sparring or contact. Sales of certain items are governed by local, Province and common international law. It is the buyer’s responsibility to check all applicable law concerning use, ownership, legal age and possession of any product offered by Shield website or catalogue.
ASSUMPTION OF THE RISK
By buying Shield products, you understand and agree that martial arts, demonstrations are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Shield including but not limited to equipment malfunction from whatever cause, or any other fault of Shield. Additionally, you agree to indemnify, defend and hold Shield harmless from any third party claims arising from such High Risk Activities or Martial Arts Weapons or any other Shield product.
LIMITED REPLACEMENT WARRANTY
Shield warrants its products to be free from defects in materials and workmanship for a period of 45 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Shield sole liability is limited to repairing or replacing products that are returned prepaid to Shield within this 45-day period, unless specific product literature specifies otherwise.
THE ABOVE ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF SHIELD. SHIELD NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITE, CATALOGUE OR OTHERWISE. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE, THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF CANADA.
LIMITATION OF LIABILITY
As set forth above under the limited warranty provisions, Shield liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall Shield liability exceed the value of the products sold. Shield shall not be liable for any special or consequential damages that result from the use of any product sold through this website or through its catalogue. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Use and misuse of products sold through the Shield website, catalogue or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Shield cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through the Shield website, catalogue or otherwise.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Shield reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalogue, please let us know.