Terms of Sale — United States
These Terms of Sale ("Terms") govern your purchase of products from the AlienTools US online shop ("Shop") operated by the AlienTools US entity (collectively, "AlienTools," "we," "us," or "our"). By placing an order through the Shop you agree to these Terms.
1. Eligibility
You must be at least 18 years old and legally able to enter into a binding contract to place an order. You agree to provide accurate, complete, and current information when registering an account or placing an order.
2. Product Information & Pricing
We make commercially reasonable efforts to ensure product descriptions, images, specifications, and prices are accurate. However, errors may occur. We reserve the right to correct any error and to refuse or cancel any order placed at an incorrect price, even after order confirmation, with a full refund of any amount charged.
Prices are stated in U.S. dollars (USD) and exclude applicable sales tax, which will be calculated at checkout based on the shipping address.
3. Order Acceptance
Your order constitutes an offer to purchase. Your receipt of an electronic order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline any order, in whole or in part, for any reason consistent with applicable law. Acceptance occurs when we ship the ordered product or otherwise expressly confirm acceptance.
4. Payment
Available payment methods are described on our Payment Options page. Payment is processed at the time of order placement unless otherwise indicated. By providing payment information you authorize us and our payment processors to charge the relevant amount.
5. Sales Tax
We collect applicable state and local sales tax on orders shipped to addresses in U.S. jurisdictions where we have an obligation to collect under applicable economic-nexus or physical-presence rules. The applicable tax will be displayed at checkout.
6. Shipping & Delivery
Shipping options, costs, and estimated delivery times are described on our Shipping Information page. Risk of loss and title to the products pass to you upon our delivery to the carrier.
7. Returns
Returns are governed by our Return Policy, which forms part of these Terms. Please review it before purchase.
8. Warranties & Disclaimers
We warrant that products will be free from material defects in workmanship at the time of shipment, except for normal wear from use. This warranty does not cover damage caused by improper use, mishandling, or misapplication.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of certain implied warranties; in those jurisdictions, the foregoing exclusions may not apply to you.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALIENTOOLS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
The foregoing limitations do not apply to liability that cannot be excluded or limited under applicable law (including liability for personal injury caused by our negligence, fraud, or fraudulent misrepresentation).
10. Indemnification
You agree to indemnify and hold harmless AlienTools and its officers, employees, and agents from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms or your misuse of the products.
11. Intellectual Property
All trademarks, service marks, logos, product designs, and other intellectual property displayed on the Shop or appearing on or in our products are the property of AlienTools, Zecha Hartmetall-Werkzeugfabrikation GmbH, or their respective owners. No license to use any such intellectual property is granted by these Terms.
12. Governing Law & Venue
These Terms are governed by the laws of the State of [STATE OF U.S. INCORPORATION], without regard to its conflict-of-laws provisions. Subject to the arbitration clause below, the exclusive venue for any dispute not subject to arbitration shall be the state and federal courts located in [COUNTY], [STATE], and you consent to the personal jurisdiction of those courts.
13. Dispute Resolution — Binding Arbitration
Except as otherwise required by law, any dispute, claim, or controversy arising out of or relating to these Terms or the products will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. Arbitration will be conducted in [CITY], [STATE], or by video/telephone conference at the consumer's election. The arbitrator's decision is final and binding.
Class action waiver: You and AlienTools agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court finds the foregoing class action waiver unenforceable, then the entire arbitration agreement above will be null and void.
30-day opt-out: You may opt out of the arbitration agreement and class action waiver above by sending written notice to AlienTools at info@alien-tools.com within 30 days after first agreeing to these Terms. Opting out will not affect any other terms of these Terms.
14. Changes to Terms
We may update these Terms from time to time. The version applicable to your purchase is the version in effect at the time you place your order. Material changes will be communicated through the Shop or by email if you have an account.
15. Severability & Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force. These Terms, together with our Privacy Policy, Cookie Policy, Return Policy, Shipping Information, and Payment Options pages, constitute the entire agreement between you and AlienTools regarding your purchases.
16. Contact
Questions about these Terms? Email info@alien-tools.com.