Our Terms and Conditions of Sale
WE STRONGLY RECOMMEND THAT YOU READ THESE TERMS AND CONDITIONS BEFORE CONFIRMING YOUR ORDER. BY CONFIRMING YOUR ORDER, YOU WILL BE DEEMED TO HAVE ACCEPTED THEM. DO NOT CONFIRM YOUR ORDER IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS.
The contract between us
These terms and conditions govern all transactions between us for any sale of goods, retreats, or services by us to you. Please read them carefully.
To order goods, retreats, or services from us you certify that you are at least 18 years of age.
When you place an order to purchase goods or services from the site, and we have approved your payment details, we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provided on your order form. If you do not receive such an email, please contact us.
These terms and conditions, together with the prices displayed on our web site, shipment details, product details, contact details, retreat details, and any document expressly referred to in these terms and conditions, set out the whole of our agreement relating to the sale of goods and/or services by us to you.
Description & availability
All drawings, pictures, images, descriptive material, specifications and advertising on our web site are for the sole purpose of giving an approximate description of the goods or services in order to assist your purchasing decision. All goods and services advertised are strictly subject to availability.
All products (not retreats or other services) are guaranteed against defects for 30 days from the date of shipment of the goods.
We make no representations or warranties, either express or implied, of any kind with respect to products or services sold, including fitness for a particular purpose.
Cancellation by us
We reserve the right to not ship the goods or deliver any services in the event:
- There are import restrictions on goods to the country in which you require delivery; or
- Your payment is refused or not authorized.
For retreats, if we cancel the retreat through no fault of yours, then we shall refund to you the amount you paid.
You may receive a refund of any goods received by you by returning the goods you have ordered within 30 days from the date they are shipped. You do not need to give us any reason for canceling your order nor will you have to pay any penalty other than delivery charges incurred.
Once you have notified us that you desire a refund within the 30-day time period, any sum debited by us from your credit card will be re-credited to your account, less any delivery charges, within 10 business days of your returned goods being received, PROVIDED THAT the goods in question are returned by you (at your expense) and received by us in the condition they were in when delivered to you.
If you are registering for a Band of Brothers' Retreat, you may cancel your registration up to 21 days before the retreat and be refunded the registration cost minus a $25 cancellation fee. Within 21 days of the retreat, cancellation will result in a forfeit of the entire registration cost. The registration is not transferable to another person, nor can it be used in a subsequent retreat.
Delivery of goods to you
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
You can normally expect delivery of the goods within 2-3 weeks of placing your order unless we have an inventory shortage on the product that you ordered. However, most of the time, the goods are shipped from our facility within 1-5 days after receiving the order. Delay in delivery is sometimes outside of our control. Any dates we give you for delivery are approximate only.
Limitation of Liability
If the goods we deliver are not what you ordered, or are damaged or defective prior to the point of delivery, or the delivery is of an incorrect quantity, and provided that you have notified us accordingly within 30 days of shipment, our only obligation, at your option, will be:
- to make good any shortage or non-delivery; or
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question (less shipping and handling fees).
FOR ALL GOODS AND PRODUCTS SOLD ON THIS WEBSITE AND FOR SERVICES (e.g. Retreats) DELIVERED OR PROVIDED TO YOU, WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR ANY DEATH OR PERSONAL INJURY. OUR ENTIRE LIABILITY, NO MATTER THE CLAIM OR CAUSE OF ACTION, IS LIMITED TO THE AMOUNT YOU PAID FOR THE GOODS OR SERVICES.
You understand the the sword-shaped Celtic cross (the mark on all the jewelry) is a registered trademark of We Happy Few, Inc. (dba "Band of Brothers"), and you agree to not duplicate this mark in any way without our express, written authorization.
Failure by us to enforce any of these terms and conditions will not affect our right to enforce any of the remaining terms and conditions.
If any of these terms and conditions are unenforceable, the enforceability of any of the remaining terms and conditions shall not be affected.
The contract between us shall be governed by, and interpreted in accordance with, the laws of the state of Colorado and the courts of Colorado shall have exclusive jurisdiction to resolve any disputes between us, except that we may seek an injunction proceeding for any misuse of our intellectual property in the jurisdiction where you reside.
The contract specified above is by and between you and We Happy Few, Inc. (dba "Band of Brothers"). Additionally, with respect to the retreats, the Limitation of Liability section above also inures to the benefit of Foundation of the Heart, the non-profit organization that partners with Band of Brothers to put on the retreats. With respect to limitations of liability expressed above, you agree that Foundation of the Heart is a third-party beneficiary of this contract between us.