These terms and conditions (the "Terms") apply to the use of www.pinguys.com (the "Website") and all transactions and interactions with The Pin Guys performed via the Website or any other form of communication. By using the Website or engaging in a transaction (e.g., making a purchase), you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or engage in any transaction with The Pin Guys.
You must be at least 18 years old to use the Website or make a purchase. By using the Website or making a purchase, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
We strive to display accurate information about the products available on the Website. However, we do not warrant that the product descriptions, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free. If a product you purchase from the Website is not as described, your sole remedy is to return it in unused condition for a refund.
All orders are subject to availability and acceptance. We reserve the right to reject any order or to limit the quantities of any product that we offer. We will confirm acceptance of your order by sending you an email that confirms the products you have ordered and the total price. The Pin Guys reserves the right to not place your order into production until you have paid for your order in full, or in part in the amount invoiced to you by The Pin Guys.
Prices on the Website are quoted in U.S. dollars and are subject to change without notice. We reserve the right to correct any errors or omissions in pricing that may occur on the Website. If we discover an error in the price of a product you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling your order. If we are unable to contact you, your order will be considered canceled.
All order invoices will be provided electronically via email. Payment may be made electronically or by mailing a physical check to the address of The Pin Guys as provided on the invoice for your order. All electronic payments are handled and processed by Intuit Payments Inc., a California company, who is the custodian of any electronic payment information that you submit. The Pin Guys does not store your electronic payment information.
We offer shipping to addresses within the United States. Shipping charges and delivery times will vary depending on the destination and the shipping option you choose. We are not responsible for delays in delivery due to events beyond our control, such as natural disasters, strikes, mechanical breakdowns, or other delays of common carriers (e.g., USPS, FedEx, UPS, DHL, etc.). All orders are shipped according to UCC FOB Origin, Freight Prepaid & Charged Back terms, with liability for the purchased goods transferring to you once the goods in the possession of the common carrier. All orders are shipped without additional insurance, unless requested in writing and paid for by you.
All products purchased by you from The Pin Guys are custom products that are of no use to anyone other than you. Accordingly, all sales are final and no returns or exchanges are permitted.
If you are not satisfied with a product you have purchased from The Pin Guys, or you have received a defective product as described herein, please contact us at orders@pinguys.com within 10 business days of receipt of the product. After 10 business days, there are no available remedies.
The content on the Website, including text, graphics, images, and other materials, is the property of The Pin Guys or its licensors and is protected by copyright and trademark laws. You may not use any content on the Website for any commercial purpose without the express written consent of The Pin Guys.
These Terms and your use of the Website will be governed by and construed in accordance with the laws of the State of Texas. In the event that a legal dispute arises, it is agreed that the exclusive jurisdiction and venue for such a dispute is Collin County, Texas, USA, and that the prevailing party is entitled to reasonable attorney's fees arising out of that legal dispute at any time before, during, or after the legal dispute.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
You agree to indemnify and hold The Pin Guys and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the [Name of Product or Service], your violation of these terms and conditions, or your violation of any rights of another.
This indemnity clause applies to any and all liabilities, damages, losses, costs, expenses, and attorneys' fees that may arise as a result of your use of the [Name of Product or Service] or your breach of these terms and conditions. You agree to immediately notify The Pin Guys of any claim or demand that may arise and to fully cooperate with The Pin Guys in the defense of any such claim or demand. The Pin Guys reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Should The Pin Guys be named in a copyright, trademark, or other intellectual property infringement lawsuit or other legal action arising out of The Pin Guys' use of a logo, design, concept, or other material provided by you for use in your product, you agree to fully indemnify and make whole The Pin Guys for any damages and/or legal expenses borne by The Pin Guys in defense of that lawsuit or other legal action.
The Pin Guys reserves the right to refuse service or orders to any party at any time, at the sole and exclusive discretion of The Pin Guys.
We reserve the right to change these Terms from time to time as we deem appropriate by posting such changes on this website. We may update the Terms from time to time to, for example, reflect changes to our practices or for other operational, legal, or regulatory reasons. Any changes, modifications, additions or deletions shall be effective immediately upon publishing to www.pinguys.com/terms-conditions.htm, unless otherwise indicated. No separate notification that changes have been made will be provided, regardless of the scope or significance of the changes. Irrespective of your prior transactional relationships with The Pin Guys, we encourage you to review these Terms prior to engaging in a new transaction with The Pin Guys so that you will know what Terms currently apply.