The Terms and Conditions set forth below shall apply to all use of Exile Machine LLC's Website www.exilemachine.net (the "Website") and purchase of products through the Website. By your use of the Website or purchase of products through the Website, you agree to these Terms and Conditions. Please read them carefully. By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures and other communications that Exile Machine LLC provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing.
Please be advised that the items available on this Website are intended for all legal purposes, for adult use only, in the United States only, and may be purchased only by adult non-felon U.S. Persons who are not otherwise prohibited from purchasing firearms. Exile Machine LLC shall in no way be liable in connection with any resale, unsafe handling, misapplication, or misuse of the merchandise or use of the merchandise outside of its intended customary and usual legal purpose. Exile Machine LLC sells merchandise for all legal purposes and shall not be liable for illegal or inappropriate use. Exile Machine LLC shall not be responsible for physical injury or property damage resulting from use, misuse, or misapplication of the merchandise. Exile Machine LLC makes every effort to ensure that the merchandise is delivered to customers in jurisdictions where such merchandise is legal to purchase, own, and use, but the burden of responsibility on legal purchase and use resides with the purchaser.
Exile Machine LLC sells products only to adults through the Website who can purchase its products using a credit card. By purchasing a product using the Website, you represent to Exile Machine LLC that you are an adult and that you are authorized to make the purchase using the credit card account information you provide. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Exile Machine LLC's products through your computer. You further represent and affirm that the items you are purchasing are legal for you to purchase own and use in your state and/or locality. If during order processing items are discovered in your order that are marked on the product page as not shippable to your location, these items will be deleted from your order without notice and your credit card refunded the purchase price of the deleted items less an order change fee of $3.
Exile Machine LLC reserves the right to cancel any order in whole or part at its sole discretion.
- Customer service and warranty claims
All complaints or warranty claims may be sent to our email address. Exile Machine LLC's customer service department may be contacted via email 24/7.
Credit card payment is the only form of payment Exile Machine LLC accepts for products ordered by you through the Website. Any orders placed by you on this Website constitute a binding offer by you to conclude a purchase with Exile Machine LLC. The binding purchase agreement comes into existence only when Exile Machine LLC reviews and accepts your order.
When Exile Machine LLC is required by law to collect applicable taxes relating to your order, you authorize Exile Machine LLC to charge the applicable taxes to your credit card.
- Reservations /
Exile Machine LLC reserves the right to change prices, terms, descriptions, images, specifications and warranties for products on this Website at any time without prior notice. Exile Machine LLC attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Exile Machine LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Exile Machine LLC may inform you of the error at which time you may cancel or reaffirm your order at your option.
- Product Availability
Once Exile Machine LLC accepts your order, we will attempt to immediately fill the order subject to available inventories. Should an item not in fact be available, we will notify you with options including but not limited to partial or full cancellation or backorder if available. Items shown on the Website accurately reflect the stocking status to the greatest extent technically possible. If it shows in stock it is in stock either at the Exile Machine LLC warehouse or at one of our local distributors or manufacturers and available for immediate shipment. Note that there is a 10 minute time delay on stocking status for most items, so in rare instances and times of market panic especially on high demand items that are nearly depleted of stock, it is possible that an item that shows as available on our website may in fact be out of stock.
The purchase price for the products ordered by you is due upon the receipt of your order by Exile Machine LLC. Upon receipt of your order, Exile Machine LLC will charge the credit card account you identified when your order was placed for the purchase price, the cost of shipping and handling and applicable taxes. You may not make any set off against Exile Machine LLC's claim for payment unless the amount set off is not disputed by Exile Machine LLC or has been the subject of a final and binding judgment against Exile Machine LLC.
- Fraud Prevention and Verified Addresses
Exile Machine LLC reports all credit card fraud attempts to the appropriate state and federal law enforcement agencies. If we suspect a transaction to be fraudulent, we will hold the order pending until the charge details can be manually verified. A valid email address is required on all customer accounts. Orders submitted or accounts created without a valid email address may be cancelled without notice. Communications with Exile Machine are handled exclusively via email. We will not be responsible for lost messages or messages which get directed to your (or your ISP's) spam folder. Customers doing business with Exile Machine affirm that they have added our email address (firstname.lastname@example.org) to their client's or ISP's white list of validated email addresses.
The products ordered by you will be delivered to the address entered by you through a delivery service selected by Exile Machine LLC. Exile Machine LLC's Shipping Policies apply to each order and are incorporated here by reference. UPS and USPS both will try within reason to correct an invalid or erroneous address, but customers are solely responsible for entering their correct shipping address. In the event a customer enters an invalid or otherwise undeliverable address, and such error results in a lost or returned shipment, the customer shall be responsible for the cost of the lost merchandise as well as outbound and return shipping charges.
- Cancellations / Changes / Additions
Once placed, your order cannot be cancelled, changed, added to, or combined with an existing order. During flat rate shipping or tax holiday promotions we or our distributors or manufacturers reserve the right to combine multiple orders without adjustment or refund of shipping charges and without notice.
- Returns & Exchanges
We do not offer product exchanges but you may request a Return Authorization (RA) for return of a purchase for any reason up to 10 calendar days following your receipt of the ordered products. If you return a purchase, Exile Machine LLC will, upon receipt of the returned products in new and unopened condition, refund any payments you have made for the ordered products, less a 20% restocking fee, (minimum $9) within 5 days of our receipt of the returned product. Once issued, RAs expire after 14 calendar days. The restocking fee cannot be waived for any reason unless the return is requested due to our error. If the returned product is not received by us or our distributor within 14 days of issuance of the RA then no refund will be issued. Items which are returned in less than new and unopened condition will not be accepted and will be held for return at customer expense. Improper returned items for which the customer elects not to pay return shipping will be disposed of by Exile Machine LLC at its sole discretion and the original purchase price forfeited. Returned items that we sold with FREE SHIPPING will be refunded less our actual shipping cost.
Customers who attempt to defraud Exile Machine LLC through perversion of the returns process will forfeit the fraudulently returned merchandise, will forfeit purchase price and shipping charges, and will be reported to federal, state, or local authorities as applicable.
You may obtain further information and assistance concerning the return of the products ordered by emailing email@example.com.
If you return a purchase you are responsible for the costs of and arrangements for the shipment of the products to be sent back to Exile Machine LLC. You must take reasonable care that the products are not damaged during their return. Any return shipments received without a valid RA number on the package will be refused or disposed of as we see fit. We do not refund shipping under any circumstance. If you request cancellation of an order enroute, you will be responsible for our outbound shipping cost as well as actual return shipping cost plus the restocking fee.
- Warranty / Limitation of Liability
Exile Machine LLC guarantees for a period of one year, beginning on the date of your receipt, that products it manufactures are free from defects in materials and workmanship. Other products carry the manufacturers warranty. If an item you purchase turns up defective, please contact the manufacturer directly for warranty service.
EXILE MACHINE LLC HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
THIS WARRANTY REPRESENTS EXILE MACHINE LLC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DEFECTS IN MATERIALS AND WORKMANSHIP. EXILE MACHINE LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY, FROM STATE TO STATE.
The exclusion or the limitation of liability for damages according to the above paragraphs also applies to potential claims against employees or authorized representatives of Exile Machine LLC.
- Prohibition of Assignment
You may assign your contractual rights under these Terms and Conditions to a third party only with Exile Machine LLC's prior written consent.
- Applicable Law
By using this Website, you agree that the laws of the state of Texas shall govern these Terms and Conditions without giving effect to any conflict of laws principles. Exile Machine LLC reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this document. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
The above liability limitations apply to all claims for damages no matter what the legal grounds may be, inclusive of tortuous acts; they do not apply to potential liability according to the regulations on product liability. The rights of the consumers based on the consumer protection laws in force are not affected.
- Disclaimers /
Limitations of Liability
The Website is provided on an "AS IS," "as available" basis. Neither Exile Machine LLC nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "affiliates") warrant that use of the Website will be uninterrupted or error-free. Neither Exile Machine LLC nor its affiliates warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall Exile Machine LLC or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Exile Machine LLC's records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
- Proprietary rights
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "content") are protected by copyrights, trademarks, patent or other proprietary rights. All content is copyrighted as a collective work under the U.S. copyright laws and Exile Machine LLC owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part.
- Complete agreement
You may not modify, delete or amend these Terms and Conditions in any manner without the express written agreement of Exile Machine LLC.
- Export Control / ITAR
Export of certain products, technical data, and services available on this site may be subject to U.S. or other export licensing requirements. Whether a product requires an export license can depend on the product itself, the end-user and/or the end-use. Exile Machine LLC, our employees and agents are subject to U.S. export control laws that prohibit or restrict (i) transactions with certain parties, and (ii) the type and level of technologies and services that may be exported. By making a purchase from or viewing information and/or images posted on this store, you 1) represent that you are a U.S. Person for purposes of U.S. export control laws including ITAR, and 2) acknowledge that the export, re-export or other transfer, directly or indirectly, of the goods, technical data and/or services in violation of U.S. law is prohibited. Customers acquiring products, services, and information from Exile Machine LLC shall be responsible for obtaining any necessary U.S. or other government authorization required to ensure compliance with applicable export laws.
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.
Conditions of Use