Terms and conditions
1 General Conditions We reserve the right to refuse service to anyone for any reason at any time. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
2 Products and Orders All products listed on this website are physical goods. Pricing: All prices are listed in USD and are subject to applicable sales tax, which will be calculated at checkout based on your location. Availability: We strive to maintain accurate inventory records, but product availability is not guaranteed. If a product you ordered is unavailable, we will notify you promptly and offer a refund or alternative option. Accuracy: We have made every effort to display the colors and images of our products as accurately as possible, but cannot guarantee that your device's display will be accurate.
3 Payment Processing All payments are processed through our third-party payment provider, Stripe. Stripe Services: By purchasing a product, you agree to Stripe's terms and conditions and privacy policy. You are solely responsible for ensuring that your use of personal data complies with applicable law and our privacy policy. Security: Our store uses SSL encryption for a secure checkout process. Payments are processed by Stripe, which handles all transaction security. We do not store your full credit card details. Fees: You are responsible for any payment processing fees charged by Stripe, which are typically 2.9% + $0.30 USD per transaction, deducted from the total sale amount. Payment Timing: Your credit card will be charged immediately after the order is placed and confirmed. Disputes & Refunds: You are responsible for any disputes, refunds, or reversals related to transactions in your account. We will process refunds according to our Refund Policy (see below).
4 Shipping and Delivery Shipping Fees: Shipping fees (if any) are clearly listed at checkout and depend on your location and chosen shipping method. Processing Time: Orders are typically processed and shipped within [Number] business days. Delivery: We are not responsible for delays in shipping once the product has been dispatched to the carrier. We will provide tracking information when available.
5 Refund and Return Policy We accept returns within [Number] days of delivery. Conditions: Products must be returned unused and in their original packaging. Process: To initiate a return, please contact us at [email protected]. Once we receive and inspect the returned item, we will notify you of the approval or rejection of our refund. If approved, the refund will be processed and applied to your original method of payment via Stripe. Shipping Costs: You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable.
6 Limitation of Liability That Muscle, Big Cartel, and Stripe will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the service or products.
7 Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States.
8 Dispute Resolution by Binding ArbitrationPLEASE READ THIS ARBITRATION CLAUSE CAREFULLY TO ENSURE THAT YOU UNDERSTAND THE AGREEMENT. GENERALLY, BY AGREEING TO ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.
◦ Agreement to Arbitrate: All claims and disputes in connection with the Terms or the use of any product or service provided by us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. The arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If an ADR Provider is not available, we shall mutually agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms.
◦ Arbitration Rules: The arbitration will be conducted by a single, neutral arbitrator. Any hearings will take place in Dallas County, Texas, unless the parties agree otherwise. An award of the arbitrator may be entered in any court having jurisdiction.
◦ Waiver of Jury Trial: YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration.
◦ Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
◦ Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with us.
9 Changes to Terms We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes.
10 Contact Information Questions about these Terms and Conditions should be sent to us at [email protected]