1. SHIPPING & FEES — FAQ
WHEN WILL MY ORDER SHIP?
Orders will typically ship the same day that you place them. You will receive a tracking number with your shipment confirmation email from Victory that will allow you to track the delivery status of your order. Please note that Victory offices are open Monday through Friday, and orders are not processed or shipped on Saturday or Sunday.
WHAT ARE MY SHIPPING OPTIONS?
For domestic shipments (U.S. only) you may elect to ship your package either by UPS Ground (2-7 days depending on location), UPS 3-Day Select, or UPS Next Day Air. The cost will depend on shipping method, the size and weight of your purchase, as well as the shipping destination. All shipping costs can be estimated during the checkout process and before confirming your order.
DOES VICTORY SHIP INTERNATIONALLY?
Victory ships internationally via the U.S. Postal Service. International orders may be subject to customs duties, which are set by the government of the destination country. These fees will be due upon arrival and are in addition to the cost of purchase and of shipping and handling.
HOW DOES VICTORY DECLARE GOODS FOR INTERNATIONAL ORDERS?
Victory will declare shipments as artwork and at the value stated for each product. As a business, Victory cannot mark your shipment as a gift, even if that is its intended use.
HOW CAN I CONTACT CUSTOMER SUPPORT?
All questions/comments/concerns related to the Victory Journal shop should be directed to firstname.lastname@example.org.
2. RETURNS — FAQ
WHAT IS VICTORY’S RETURN POLICY?
As a general policy, Victory is unable to accept returns, refunds, or exchanges. Victory handles returns on a case-by-case basis. If there is a problem with your shipment, send Victory an email at email@example.com
WHAT IF A PRINT GETS DAMAGED DURING SHIPPING OR HAS A PRINTING FLAW?
If your print arrives damaged, please contact Victory at firstname.lastname@example.org. All claims on damaged prints must be made within 48 hours of receiving the package. Please keep in mind that prints may not be replaceable as all Victory prints are limited editions. Victory will do its best to address your issue.
(a) These terms and conditions of sale (these “Terms”) are the only terms which govern the online sale of the products and goods (“Goods”) sold by Victory Journal LLC through its website located at http://www.victoryjournal.com, to you (“Buyer”).
(b) The accompanying online invoice (the “Sales Confirmation” and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Buyer's general terms and conditions of purchase regardless of whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms.
(a) The Goods will be delivered within a reasonable time after the receipt of Buyer’s online purchase order, subject to the availability of finished Goods. Victory shall not be liable for any delays, loss or damage of the goods while in transit.
(b) Unless otherwise agreed to in writing by the parties, Victory shall deliver the Goods to Buyer using Victory’s standard methods for packaging and shipping such Goods.
(c) Victory may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer’s purchase order.
(d) If for any reason Buyer fails to accept delivery of any of the Goods on the date fixed pursuant to Victory’s notice that the Goods have been delivered at Buyer’s requested delivery address, or if Victory is unable to deliver the Goods at Buyer’s requested delivery address on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations: (i) risk of loss of the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iii) Victory, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
(a) The quantity of any installment of Goods as recorded by Victory on dispatch from Victory’s place of business, or the place where Victory stores the Goods, is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
(b) Victory shall not be liable for any non-delivery of Goods (even if caused by Victory’s negligence) unless Buyer gives written notice to Victory of non-delivery within 7 days of the date when the Goods would have been received in the ordinary course of business.
(c) Any liability of Victory for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time period or by adjusting the invoice total to reflect the actual quantity delivered.
6. TITLE AND RISK OF LOSS
Title and risk of loss passes to Buyer upon delivery of the Goods at the Buyer’s requested delivery address. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Victory a security interest in and to all of the right, title and interest of Buyer in, to and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing.
7. AMENDMENT AND MODIFICATION
These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.
8. INSPECTION AND REJECTION OF NONCONFORMING GOODS
(a) Buyer shall inspect the Goods within 7 days of receipt (“Inspection Period”). Buyer will be deemed to have accepted the Goods unless it notifies Victory in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Victory. “Nonconforming Goods” means the following: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) the product’s label or packaging incorrectly identifies its contents.
(b) If Buyer timely notifies Victory of any Nonconforming Goods, Victory shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods; or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Victory’s facility or warehouse. If Victory exercises its option to replace the Nonconforming Goods, Victory shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s risk of loss, the replaced Goods to Buyer’s requested delivery address.
(c) Buyer acknowledges and agrees that the remedies set forth herein are Buyer’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided here, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Victory.
(a) Buyer shall purchase the Goods from Victory at the price[s] (the "Price[s]") identified on its website for the specific product or good advertised for sale and as of the date of Buyer’s purchase.
(b) All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes.
10. PAYMENT TERMS
Buyer shall pay all invoiced amounts due to Victory at the time of online purchase of the Goods. Buyer shall make all payments hereunder by credit or debit card only and all payments must be made in U.S. dollars.
11. LIMITED WARRANTY
(a) Victory warrants to Buyer that for a period of (7) the date of shipment of the Goods (“Warranty Period”), that such Goods will materially conform to the specifications published specifications on the Victory’s website as of the date of purchase.
(b) EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 9(a), VICTORY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY OF TITLE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) Products and goods manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods, or may be sold separately through the Website. Third Party Products are not covered by the warranty in Section 9(a). For the avoidance of doubt, VICTORY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(d) Victory shall not be liable for a breach of the warranty set forth in Section 9(a) unless: (i) Buyer gives written notice of the defect, reasonably described, to Victory within 7 days of the time when Buyer discovers or ought to have discovered the defect; (ii) Victory is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer, if requested to do so by Victory, returns such Goods to Victory’s place of business at Victory’s cost for the examination to take place there; and (iii) Victory reasonably verifies Buyer’s claim that the Goods are defective.
(e) Victory shall not be liable for a breach of the warranty set forth in Section 9(a) if: (i) Buyer makes use of such Goods after giving such notice; or (ii) the defect arises because Buyer failed to follow Victory’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods.
(f) THE REMEDIES SET FORTH IN SECTION 9 SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND VICTORY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 9.
12. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL VICTORY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY BUYER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY, CONTRACT, TORT OR OTHERWISE, UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL VICTORY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT AND INCLUDING NEGLIGENCE OR OTHERWISE, EXCEED (7).
(c) The limitation of liability set forth in Section 10(b) above shall not apply to (i) liability resulting from Victory’s gross negligence or willful misconduct; and (ii) death or bodily injury resulting from Victory’s acts or omissions.
13. COMPLIANCE WITH LAW
Buyer shall comply with all applicable laws, regulations and ordinances.
In addition to any remedies that may be provided under these Terms, Victory may terminate this Agreement with immediate effect upon written notice to Buyer in Victory’s sole discretion.
No waiver by Victory of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Victory. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
16. FORCE MAJEURE
Victory shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Victory.
Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without Victory’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Agreement.
18. GOVERNING LAW
All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision.
19. SUBMISSION TO JURISDICTION
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in Manhattan and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Sales Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (i) upon receipt of the receiving party, and (ii) if the party giving the Notice has complied with the requirements of this Section.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.