Terms of Use

TERMS AND CONDITIONS OF USE AND SALE -- "TERMS OF USE"

Welcome to Western Passion.com.  Western Passion is pleased to provide a variety of western inspired products through our association with vendors.  We ask that you read and understand both our Terms of Use and our Privacy Policy.  These apply to any order, purchase, receipt, delivery or use of any products from Western Passion.com, LP (“WP”).  IF YOU VISIT OR SHOP AT WESTERN PASSION.COM, YOU ACCEPT THESE TERMS.  IF YOU DO NOT ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY, DO NOT CONTINUE WITH YOUR ORDER AND DO NOT USE THIS SITE. 

This site is owned and operated by Western Passion.com, LP (referred to as "Westernpassion.com," “WP,” "we," "us," "our" or “Web Site”).  You may only use this site, Westernpassion.com, if you are over the age of 18.  If you are not over 18, do not use this site.  

 We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time.  You agree to check these terms periodically for changes.  Your continued use of the Web Site following the posting of changes to these terms (including the Web Site Privacy Policy) will mean you accept those changes.  You represent and warrant to Westernpassion.com that you will fully comply with the Terms of Use.  

PRIVACY

Please review our Privacy Policy which also governs your visit to Westernpassion.com, to understand our practices.

PAYMENT TERMS

Advertised prices are in U.S. dollars and exclude shipping, crating, handling and taxes   (applicable state sales tax is added for orders shipped to a Texas address ),  unless otherwise noted.  You are responsible for paying all taxes associated with your order.  Payment is due at the time of your order and credit card will be charged when order is placed. 

PAYMENT PROCESSING

Your credit card is safe with us.  Westernpassion.com, in agreement with Chase Bank, and using the secure Paypal, processes your credit card information.  We do not pass this information on to our vendors or any third parties.

SHIPPING, RISK OF LOSS, RETURN POLICY, WARRANTY

All items purchased from Westernpassion.com are made pursuant to a shipment contract.    Out of stock items and custom orders may require longer ship time.  Shipping costs are based upon the type of items you purchase and may vary with each item and vendor.  Please note delivery times stated on individual product and category pages.  The risk of loss and title for the items you order pass to you upon delivery from our vendors through the carrier.  Upon receipt of your order, you must inspect your order for damage in the presence of the delivery person for the carrier.  If you notice damage, report it immediately to the delivery person.  DO NOT sign the bill of lading until you have verified the merchandise has been delivered in good condition and that the bill of lading matches what was shipped. If damage is noted on packaging or inside, have driver make note on delivery paperwork and notify Western Passion immediately. Be sure to save all packing materials for documentation.

It is IMPORTANT that you check the return policy for each Vendor for which you have placed an order.  Some Vendors will not accept returns and some will accept returns for a limited period of time.  Perishable items need not be returned, unless required by vendor.  If you receive an item that is damaged or defective, you must notify WP within 7 days from your date of receipt.  SHIPPING, CRATING AND HANDLING FEES (including related sales taxes) ARE NOT REFUNDABLE and you are responsible for all shipping and handling fees.  You are responsible for proper packaging and shipping back to Vendor so the order arrives in perfect condition.  Also, adequate insurance should be purchased in case of lose or damage to the returned item. Unless otherwise stated, cancellations are not allowed without prior written consent from Western Passion. No cancellations will be authorized seven (7) days after the order has been accepted. A 20% restocking fee may be charged on such authorized orders. Purchaser who refuses delivery of orders shipped in compliance with terms will be charged a 20% restocking fee in addition to any related shipping charges. Settlements for any disputes arising due to these terms, disputes regarding credit card charges or failure by purchaser to comply with terms, that are ruled in favor of Western Passion, will obligate purchaser to be responsible for all attorney's fees and any additional shipping, handling or storage fees incurred as a result.

Please see product and category pages for individual product return policies.

PRODUCT DESCRIPTIONS

WP and our vendors attempt to be as accurate as possible. We rely on our vendors to provide product descriptions. However, Westernpassion.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.  If a product offered by WP is not as described, your sole remedy is to return it in unused condition.

OUR VENDORS

Our vendors sell product lines on this site.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites.  WP does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. You should carefully REVIEW THEIR PRIVACY POLICIES AND TERMS OF USE.

ELECTRONIC COMMUNICATIONS 

By ordering with WP, you have agreed to receive emails from WP, which may include a newsletter, or product updates and promotions.  If you would like to “opt out” of this, you may do so at the time you place the order.  Please see our privacy policy for more information.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  Westernpassion.com does sell products for children, but it sells them to adults, who can purchase with a credit card.  If you are under 18, you may not use this site.  Westernpassion.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

We use SSL in processing orders.  Unfortunately no data transmission over the Internet can be guaranteed to be 100% secure.  We strive to protect your personal information but we cannot guarantee or warrant the security of information you transmit to our Web Site, and you do so at your own risk.  Please see our Privacy Policy for more details.

 RIGHTS AND RESTRICTIONS ON USE

 You shall use the Web Site for lawful purposes only.  You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.  You are prohibited from using this site to facilitate mail abuse or Spam.  We reserve the right to refuse service to users for any reason.  We may alter, suspend or discontinue any aspect of our service at any time, including the availability of any service feature or content.  We may also impose limitations on certain features and aspects of the service or restrict access to all parts of the site without notice or liability.

 LINKING SITES

 LINKS IN THIS WEB SITE MAY LET THE USER LEAVE THE WESTERNPASSION.COM'S SITE.  THE LINKED SITES ARE NOT UNDER THE CONTROL OF WESTERNPASSION.COM, AND WE ARE NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE.  WE ARE PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT THE USER'S OWN RISK.  THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY US OF THE LINKED SITE.  THIS INCLUDES ALL AFFILIATES.  PLEASE REFER TO THE TERMS OF USE AND PRIVACY POLICY FOR EACH SITE VISITED.

 DISCLAIMER OF WARRANTIES

 THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WESTERNPASSION.COM, LP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WESTERNPASSION.COM, LP DOES NOT WARRANT THAT THE WEB SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WESTERNPASSION.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 FURTHERMORE, WESTERNPASSION.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES ADVERTISED EITHER BY WESTERNPASSION.COM'S ADVERTISING PARTNERS OR VENDORS, OR POSTED ON THE WEB SITE.  AS A SERVICE TO OUR USERS, WE PROVIDE ACCESS TO THIRD PARTY VENDORS AND MERCHANTS.  WE ASK THAT YOU REVIEW THE TERMS OF USE, PRIVACY POLICY AND RETURN POLICY OF ALL THIRD PARTY SITES, INCLUDING OUR VENDORS.  YOU AGREE THAT NEITHER WESTERNPASSION.COM, NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED ON THIS SITE OR ANY PRODUCT OFFERED BY OUR VENDORS OR THIRD PARTIES.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 LIMITATION OF LIABILITY

 YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE.  THE ENTIRE LIABILITY OF WESTERNPASSION.COM, ITS OFFICERS, CLIENTS, PROVIDERS, VENDORS AND AUTHORIZED AGENTS, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1.00.  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 

 INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT NOTICE

 This site is controlled and operated by Westernpassion.com. Materials on this Web Site, other than those clearly noted as submissions by users, including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by our Web Site or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. We authorize you to download one temporary copy of parts or all of the Intellectual Property to a single computer for purposes of viewing and browsing the Intellectual Property, except where otherwise specified.  Except as expressly authorized herein, material from this Web Site and from any other web site owned, operated, controlled, or licensed by Westernpassion.com may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.  Use or modification of Westernpassion.com's intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited,

 ARBITRATION

 Any and all claims, disputes or controversies arising out of or relating to this Agreement, or breach thereof, shall be resolved by confidential binding individual (and not class) arbitration by and under the Code of Procedure of the National Arbitration Forum ("NAF") in effect at the time the claim is filed.  This agreement to arbitrate disputes shall apply no matter by whom or against whom the claim is filed.  This arbitration agreement is made pursuant to a transaction involving interstate commerce.  It shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16.

 MINORS

 Westernpassion.com does not knowingly collect information from anyone under the age of 18.  Westernpassion.com requires users of this site to be at least 18 years of age.

 INDEMNIFICATION

 You agree to indemnify Westernpassion.com and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of the Terms of Use.

 JURISDICTIONAL ISSUES

 This site is controlled and operated by Westernpassion.com from its offices within the State of Texas, United States of America.  We make no representation that materials in our Web Site are appropriate or available for use in other locations.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws are applicable.

 This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law, and venue shall be in Dallas, Texas. 

 ASSIGNMENT AND SUCCESSION

 You may not grant, devise, or otherwise assign any rights or benefits under this agreement to any other party.  Notwithstanding any other provision of this agreement, Westernpassion.com, its successors and assigns may fully enforce any term or provision of this agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

 COMPLETE INTEGRATION

 This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and Westernpassion.com and supersedes any provision, understanding, or agreements (whether oral or written) and may not be modified except in writing or by making such changes available on this web site.  If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.  The failure of either party to enforce performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver of any such provision or right and the same will be and remain in full force and effect. We will not waive the right to enforce any provision of this agreement except in writing.  If you have any questions about Westernpassion.com’s Terms and Conditions of Use, please email us at: info@westernpassion.com .

 OUR CONTACT INFORMATION

Name:  Western Passion.com          

Address:  P. O. Box 12381   Dallas, TX 75225

Phone:  972-239-1777

Fax:  972 980-1163

Email:  info@westernpassion.com