Customer Service

If you have any questions about your order or any of the products and services we offer please do not hesitate to contact us by email at customer service@sunandsnow.com or by calling us at (734) 663-9515. We always aim to please our customers and look forward to serving you any way we can.

Tax

Sales tax will be applied orders shipped to or billed to customers within the state of Michigan unless a tax exemption number is on file. Michigan sales tax is 6.0%.

Shipping

We pride ourselves on shipping orders quickly (almost always within one business day) Orders of $99 or more are eligible for free shipping within the lower 48 contiguous US states WITH THE EXCEPTION OF ITEMS THAT MUST BE SENT VIA FREIGHT CARRIER such as cargo boxes, kayaks, canoes or any other very large items. We do not ship kayaks, canoes or cargo boxes outside the lower 48 contiguous US states.

In instances when customers purchase items that must be freighted, SUCH AS CANOES AND KAYAKS, they are contacted for approval prior to billing and shipping. We’ll ship most items to a PO Box, but not kayaks, canoes, cargo boxes, or any auto rack components. If you specify a PO Box and this is problematic we will contact you. We ship to APO and FPO addresses.

Orders for customers who select our expedited shipping service will be sent either UPS two day shipping or via USPS next day service. Transit times indicated on our site are estimates based on normal circumstances. Transit times listed on our site, including estimates of transit time for expedited shipping do not constitute a guarantee of arrival by a certain date. All orders ship FOB Ann Arbor, MI, unless they are to ship directly from the vendor. We reserve the right to ship packages signature required. Some carriers require signature for certain items or addresses even if we do not request it. We reserve the right to ship to the provided billing address rather than the shipping address without prior customer notification. Please note that even if your invoice specifies a carrier (Such as UPS), your products may arrive via another carrier.

Returns & Exchanges

A return merchandise authorization number (RMA number) is required for all returns. Should you need to exchange or return any merchandise ordered from Sun & Snow Sports, you can obtain a RMA by emailing returns@sunandsnow.com or by calling us at (734) 663-9515.

Returns must be received at our store within 30 days and the RMA number should be indicated clearly on the outside of the box. Returns without RMA numbers are not accepted and we are not responsible for packages received without a return authorization. Customers are responsible for return shipping and reshipment fees for any returned and/or exchanged items. CODs will not be accepted. Authorized returns in original condition may be subject to a 15% restocking fee at the discretion of the management.

PLEASE NOTE: Due to Health Department Regulations, we are can not accept returns on worn swimwear. Swimwear without all tags attached will not be returned. Swimwear showing any sign of use will not be returned. Videos and other media are not returnable unless defective and verified as such by our staff. Refunds are credited only after an RMA number has been issues and products have been received. We only issue refunds in the original method of payment or, alternatively store credit at our discretion.

Warranty Information

All warranties are subject to manufacturer’s terms. That said, please do call us for help with any warranty issues.

Website Content

All material on our website is copyrighted, and we expressly reserve all rights. No content may be reproduced, retransmitted or duplicated in without the express written consent of Sun & Snow Sports. Any unauthorized use, reproduction or duplication in any form is prohibited.

Information Security & Privacy Policies

The safety and security of our customers, their personal information and their financial information is very important to us. All website purchases are secure. Our website is protected by Secure Socket Layers (SSL), the industry standard in the protection of online information. All customer information is collected and stored on in this environment. All credit card transactions are processed on site and all credit card information is encrypted during transfer of data. We are generally pretty cool folks, so we don’t sell your email address or other information to third parties. Please direct ant questions regarding the security of customer information to brent@sunandsnow.com or call us at (734) 663-9515.

Pricing & Fulfillment Policies

We work to maintain the lowest prices on the web and endeavor to beat any competitors pricing. If you find a competitor offering an identical product for a lower price please contact us so that we can beat it. We strive for 100% accuracy in our online pricing and monitor our website daily to ensure pricing in displayed correctly. In the event that our website displays an erroneous price, Sun & Snow Sports, INC. reserved the right to decline to fulfill a sale or to fulfill the sale with the customer to be billed at the correct price.  Upon access to sunandsnow.com, sunandsnowsports.com, or any other web site displaying information about sunandsnow.com pricing, end users agree to these terms and acknowledge that they are binding.  Use of or access of the afore mentioned sites also indicates that end users expressly agree that in the event that an incorrect price is displayed on our website(s) or any other website, the display of an erroneous price does not consititute a commitment of contract to fulfill the sale at that price. Sun & Snow Sorts INC. reserves the right to decline to fulfill any order at our sole descretion, and use of or access to sunandsnow.com, sunandsnowsports.com, or any other website mainatined by or affiliated with Sun & Snow Sports INC. indicates understanding, ackowledgement and accession to this policy and all other terms of use set forth by Sun & Snow Sports INC.  

Legal Stuff

Sun & Snow Sports is not and will not be liable for, punitive, consequential special, incidental, and/or indirect damages from any claim relating to your use of the sunandsnow.com. sunandsnow.net and/or any products purchased from or endorsed by our website or staff. No damages from such claims may be collected. Any dispute related the use of, or inability to use, any portion of the Sun and Snow Sports wesbpace including but not limited to sunandsnow.com, sunandsnow.net, and any site hosted on servers owned or leased by Sun & Snow Sports will be governed by the laws of the State of Michigan, without regard to (i) its conflict of law provisions, (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods, or (iii) any provision of the Uniform Computer Information Transaction Act as it may be enacted in Michigan or any other jurisdiction. Sun & Snow sports will not be liable for nor may you recover any direct or indirect damages from any claim relating to use of sunandsnow.com or sunandsnow.net.

By purchasing from the Sun & Snow website (www.sunandsnow.com, www.sunandsnow.net, and all other domains associated with or maintained by Sun & Snow Sports Inc. of Ann Arbor, MI), or by accessing or using any features contained therein, you agree to be bound by the terms of service, terms of purchase, and all other terms laid forth herein or throughout sunandsnow.com.

Terms of Use

I. THIS IS A CONTRACT. This is a contract between you and Sun & Snow Sports, Inc. Herein this Contract is referred to as "Terms," “Terms of Service,” or “TOS.” These terms govern use of any web site or web page owned, operated, or managed by Sun & Snow Sports Inc, its affiliate and/or parent companies and includes, but is not limited to, sunandsnow.com, sunandsnow.net, sunandsnowsports.com, sunandsnowsports.net, sunandsnowsports.info and any web sites and/or pages associated with Sun & Snow Sports Inc, sunandsnowsports.com, or any of the afore mentioned affiliates, parents or domain assets (herein “sunandsnow.com”). Each of the afore mentioned websites, domain assets, parties, or affiliates, and their respective agents, owners, shareholders, stakeholders, employees, members, directors, managers, partners, representatives and attorneys are hereafter referred to collectively as “Sun & Snow.”

II. ALL ADDITIONAL TERMS ARE BINDING. Any Sun & Snow web site or web page may specify additional terms that also govern any and all use(s) of that Sun & Snow web site or web page, including but not limited to, specific features or offers, shipping terms or limitations, product disclaimers, promotional offers, E-mails, services. Use of any information, software, product, service or features offered by Sun & Snow indicates that you have read and agree with the TOS and all additional terms.

III. CONFLICTING TERMS. If any terms of these Terms of Service conflict with any specified additional Terms, then the management, staff an owners of Sun & Snow Sports INC. reserve the right to choose which terms control. When the above is prohibited by law, the terms specified herein (TOS & Terms of Purchase) shall control and supercede terms otherwise specified. SUN & SNOW WEB SITES ARE MADE AVAILABLE TO YOU ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS CONTRACT AND ANY ADDITIONAL TERMS SET FORTH WITHOUT MODIFICATION OR LIMITATION. YOUR USE OF ANY SUN & SNOW WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS CONTRACT WITHOUT MODIFICATION.

IV. CHANGES TO THESE TERMS. Sun & Snow, and only Sun & Snow, may change (including supplementing, supplanting and expanding) the terms, and conditions under which we grant access to or allows use of Sun & Snow web sites/pages. Changes may be made without notice. Use of sunandsnow.com implies agreement that you will frequently review these TOS and any additional terms posted on any Sun & Snow Web Site for changes and implied that you agree that continued use of a Sun & Snow Web Site after the effective date of a change affecting TOS/Additional Terms applicable to the Web site constitutes your acceptance of the change.

V. SITE AND E-MAIL SERVICES USE. The content and software on this site, and the content of e-mails sent to those signing up for any of our e-mail lists (referred to in these Terms as "Sun & Snow E-Mails"), may be used as a personal shopping and information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site or any Sun & Snow E-Mails is strictly prohibited without pre-written authorization from Sun & Snow Sports INC. The Purchase of any item from sunandsnow.com, registration as a user at sunandsnow.com, or any provision of your email address to sunandsnow.com, its parent, affiliates, or agents implies that you OPT-IN to our email list and that you agree to NEVER REPORT EMAILS FROM SUNANDSNOW.COM AS SPAM. You can OPT-OUT of our email list at any time.

VI .CONTENT & USAGE. Sun & Snow Web Sites may only be used in compliance with the law and for lawful purposes. Actions including (without limitation) attempting to tamper with the site, posting negative or slanderous material, posting pornographic material, posting unauthorized external links, misrepresenting your identity or the identity of another, use of buying agents, or participating in any fraudulent activities on or through any Sun & Snow Web Site are strictly and expressly prohibited. All material on our website is copyrighted, and we expressly reserve all rights. No content may be reproduced, retransmitted or duplicated in without the express written consent of Sun & Snow Sports. Any unauthorized use, reproduction or duplication in any form is prohibited.You may download Sun & Snow Web Site content for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use Sun & Snow Web Site content, including the text, images, audio and/or video, for public or commercial purposes without written permission from an authorized representative of Sun & Snow.

VII. TERMINATION OR SUSPENSION OF ACCESS AND USE. Sun & Snow may terminate this Agreement, refuse to provide service, and terminate or suspend access to or use of a Sun & Snow Web Site in its sole discretion at any time and for any reason whatsoever, with or without notice. Upon any termination or suspension of rights of access or use, your right to use Sun & Snow Web Sites will immediately cease.

VIII. TRADEMARKS. SUN & SNOW, and Sunandsnow.com are registered trademarks of Sun & Snow Sports INC. Other Sun & Snow graphics, logos, and service names are trademarks of Sun & Snow Sports, INC. All trademarks not owned by Sun & Snow that appear on this site or in Sun & Snow E-Mails are the property of their respective owners. Neither trademarks of Sun & Snow nor any other trademarks appearing on Sun & Snow Web Sites may be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

IX. COPYRIGHT. All content included on Sun & Snow Web Sites and in Sun & Snow E-Mails, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Sun & Snow or its content suppliers and is protected by copyright, trademark, patent or other proprietary rights, and the benefit of such rights shall extend to all forms, media and technologies existing now or developed in the future. All content is copyrighted as a collective work under U.S. and international copyright laws, and Sun & Snow owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

X. IDEAS AND SUGGESTIONS. BY USING A SUN & SNOW WEB SITE, YOU AGREE THAT ANY INFORMATION (EXCEPT FOR PURCHASE INFORMATION), MATERIALS, SUGGESTIONS, GRAPHICS, RECORDINGS, IDEAS OR COMMENTS YOU SEND TO SUN & SNOW OR ANY OTHER THIRD PARTY USING THE SUN & SNOW WEB SITE (COLLECTIVELY, "INFORMATION") IS NON-CONFIDENTIAL. BY SUBMITTING ANY SOLICITED OR UNSOLICITED INFORMATION USING A SUN & SNOW WEB SITE, YOU GRANT SUN & SNOW SOLE OWNERSHIP OF THE INFORMATION AND ALL PRESENT AND FUTURE RIGHTS TO THE INFORMATION OF EVERY KIND AND NATURE EVERYWHERE, WITHOUT RESTRICTION AND WITHOUT PAYMENT OR OTHER COMPENSATION TO YOU. SUN & SNOW WILL NOT BE LIABLE FOR THE USE OF ANY OF THE INFORMATION (INCLUDING, WITHOUT LIMITATION, PRODUCT OR ADVERTISING IDEAS) AND WILL NOT INCUR ANY LIABILITY AS A RESULT OF ANY SIMILARITIES TO MATERIALS, SUGGESTIONS, GRAPHICS, RECORDINGS, IDEAS OR COMMENTS OF YOURS (I.E., THAT WERE NOT SENT TO SUN & SNOW) THAT MAY APPEAR IN FUTURE SUN & SNOW PUBLICATIONS OR BE MANIFESTED IN SUN & SNOW OPERATIONS. SUN & SNOW WILL HAVE THE RIGHT TO PROSECUTE ALL APPLICATIONS, REGISTRATIONS AND PROCEDURES IT DEEMS NECESSARY TO PROTECT ITS EXCLUSIVE OWNERSHIP OF AND RIGHT TO USE THE INFORMATION, AND YOU AGREE TO COOPERATE WITH ALL SUCH EFFORTS OF SUN & SNOW.

XI. ILLUSTRATIONS, INFORMATION AND ADVICE. Sun & Snow obtains photographs, data and other visual, aural and written information from manufacturers, distributors, promoters or suppliers of the products, services and events sold, described or promoted on Sun & Snow Web Sites or in Sun & Snow E-Mails. While Sun & Snow strives to ensure accuracy, such information may contain inaccuracies. Furthermore, any Sun & Snow Web Site and any Sun & Snow E-Mails could include typographical errors and/or technical inaccuracies that derive from other sources, including without limitation the negligent acts or omissions of Sun & Snow's own employees and agents. THE SUN & SNOW PARTIES MAKE NO WARRANTY OF ANY KIND WITH RESPECT TO THE PHOTOGRAPHS, DRAWINGS, DATA AND OTHER VISUAL, AURAL AND WRITTEN INFORMATION ON THIS WEB SITE OR IN SUN & SNOW E-MAILS, OR WITH RESPECT TO THE SUFFICIENCY OR ACCURACY OF ADVICE GIVEN BY SUN & SNOW PARTIES, WHETHER OR NOT SUCH ADVICE IS MADE IN WRITING.

XII. LINKS. Sun & Snow Web Sites and Sun & Snow E-Mails contain links to other sites that are not operated by Sun & Snow, including some such sites that display Sun & Snow trademarks ("Linked Site(s)"). These links are intended solely to enable access to these sites and for no other purpose. Sun & Snow does not warrant or make any representation about the truth, quality, substance, functionality, accuracy, fitness for a particular purpose or any other representation about any site or its content. A link to a Linked Site on a Sun & Snow Web Site or in a Sun & Snow E-Mail does not constitute sponsorship, endorsement, or approval of, or responsibility for, any Linked Site or its content. The Sun & Snow Parties make no representation or warranty whatsoever with regard to any products, services, information or other items promoted, offered, sold, provided or otherwise available, directly or indirectly, on or through any Linked Site. The terms of use and privacy policy of any Linked Site may differ substantially from those that apply to your use of any or all Sun & Snow Web Sites. Sun & Snow recommends that you review the terms of use, privacy policies and other aspects of use of any Linked Site you visit.

XIII. SECURITY. You are responsible for maintaining the confidentiality of any accounts you have established with Sun & Snow, including keeping your password confidential and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. You agree that you will not violate or attempt to violate the security of any Sun & Snow Web Site or to interfere with the proper working of any Sun & Snow Web Site. Among other things, this means that you will not (a) access data not intended for you or log onto a server or an account which you are not authorized to access; (b) use the Web site for purposes for which it was not intended, or try to change the behavior of the site; (c) attempt to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempt to interfere with service to any user, host or network, including without limitation by means of submitting a virus or worm to or overloading, "flooding," "spamming," "mailbombing" or "crashing" the site; (f) forge any TCP/IP packet header or any part of the header information in any e-mail posting; or (g) forge communications on behalf of the Web site (impersonate a Sun & Snow Web Site) or to the Web site (impersonate someone other than yourself). You may not send unsolicited and unauthorized e-mail on behalf of Sun & Snow or any other of the Sun & Snow Parties, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Sun & Snow Web Site other than the search engine and search agents provided by Sun & Snow or generally publicly available browsers like Goggle and Yahoo.

XIV. DISCLAIMER OF WARRANTIES. SUN & SNOW WEB SITES AND SUN & SNOW E-MAILS ARE PROVIDED BY SUN & SNOW ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS. SUN & SNOW AND THE OTHER SUN & SNOW PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED, PROMOTED, SOLD OR OTHERWISE AVAILABLE ON THE SITE OR IN SUN & SNOW E-MAILS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUN & SNOW AND THE OTHER SUN & SNOW PARTIES DISCLAIM ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WITHOUT LIMITATION OF THE FOREGOING DISCLAIMER, SUN & SNOW AND THE OTHER SUN & SNOW PARTIES DISCLAIM ALL WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF SUN & SNOW WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

XV. LIMITATION OF LIABILITY AND DAMAGES. YOU AGREE THAT SUN & SNOW AND THE OTHER SUN & SNOW PARTIES WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY SUN & SNOW E-MAILS, OR OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH, OR INFORMATION AVAILABLE ON OR THROUGH, THIS SITE OR SUN & SNOW E-MAILS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LOSS OF DATA), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. THESE EXCLUSIONS OF DAMAGES ARE INDEPENDENT OF YOUR EXCLUSIVE REMEDY PROVIDED BELOW AND SURVIVE IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. IF YOU ARE DISSATISFIED WITH A SUN & SNOW WEB SITE OR WITH ANY SUN & SNOW E-MAIL, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SUN & SNOW PARTY WITH RESPECT TO THIS AGREEMENT, SUN & SNOW WEB SITES, OR SUN & SNOW E-MAILS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUN & SNOW WEB SITES AND TO REMOVE YOURSELF FROM THE MAILING LISTS FOR SUN & SNOW E-MAILS IN THE MANNER SPECIFIED ON A SUN & SNOW WEBSITE OR IN SUN & SNOW E-MAILS. SUN & SNOW AND THE OTHER SUN & SNOW PARTIES ARE NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. YOU AGREE TO INDEMNIFY AND HOLD SUN & SNOW AND THE OTHER SUN & SNOW PARTIES HARMLESS FROM ANY SUCH CLAIM. ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF DAMAGES APPEARING IN THESE TERMS ARE CUMULATIVE, AND NO DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT IS INTENDED TO LIMIT THE SCOPE OR EFFECT OF ANY OTHER DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Sun & Snow Sports is not and will not be liable for, punitive, consequential special, incidental, and/or indirect damages from any claim relating to your use of the sunandsnow.com. sunandsnow.net and/or any products purchased from or endorsed by our website or staff. No damages from such claims may be collected. Any dispute related the use of, or inability to use, any portion of the Sun and Snow Sports wesbpace including but not limited to sunandsnow.com, sunandsnow.net, and any site hosted on servers owned or leased by Sun & Snow Sports will be governed by the laws of the State of Michigan, without regard to (i) its conflict of law provisions, (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods, or (iii) any provision of the Uniform Computer Information Transaction Act as it may be enacted in Michigan or any other jurisdiction. Sun & Snow sports will not be liable for nor may you recover any direct or indirect damages from any claim relating to use of sunandsnow.com or sunandsnow.net.

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XVI. CHANGES TO SUN & SNOW WEB SITES; ADDITIONAL LIABILITY LIMITATION. SUN & SNOW MAY CHANGE ANY SUN & SNOW WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use Sun & Snow Web Sites or use Sun & Snow E-Mails, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Sun & Snow and persons other than Sun & Snow (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 11 AND 12, YOU ACKNOWLEDGE AND AGREE THAT SUN & SNOW AND THE OTHER SUN & SNOW PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 11 AND 12, YOU ACKNOWLEDGE AND AGREE THAT SUN & SNOW AND THE OTHER SUN & SNOW PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF SUN & SNOW WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN SUN & SNOW WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH SUN & SNOW WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON SUN & SNOW WEB SITES OR IN SUN & SNOW E-MAILS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 11 AND 12 AND THIS SECTION 13 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. LIMITED PERIOD FOR FILING SUIT. YOU AND SUN & SNOW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SUN & SNOW WEB SITES OR SUN & SNOW E-MAILS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

XVII. SEVERABILITY. The invalidity or unenforceability of any term or provision of this Agreement or the non application of any such term or provision to any party or circumstance shall not impair or affect the remainder of this Agreement, and the remaining terms and provisions hereof shall not be invalidated, but shall remain in full force and effect.

XVIII. NOTICE. All notices and other communications under this Agreement shall be in writing or displayed electronically on this site by Sun & Snow. Notices shall be deemed to have been properly given on the date deposited in the U.S. Mails, if mailed; on the date first made available, if displayed on this site; or on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you, including e-mail addresses. Except as expressly directed otherwise by Sun & Snow herein or elsewhere in this site, e-mail notices to Sun & Snow must be sent to info@sunandsnow.com.

XIX. CAPTIONS; ENTIRE AGREEMENT. The captions used in this Agreement are for convenience only and shall not be used to construe or interpret any of the provisions of this Agreement. This Agreement, together with any Additional Terms, constitute the entire agreement between you and Sun & Snow with respect to the subject matter hereof and of the Additional Terms. All prior agreements, understanding, negotiations or representations, whether oral or in writing relating to such subject matter are superseded and canceled in their entirety.

XX. GOVERNING LAW. Sun & Snow Web Sites, including this site, and Sun & Snow E-Mails are created and controlled by Sun & Snow in the State of Michigan, USA. Use of this site or Sun & Snow E-Mails and any purchase of goods or services through this site or Sun & Snow E-Mails shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to principles of conflicts or non-contractual choice of law. Those who choose to access this site from other jurisdictions, and those who elect to receive Sun & Snow E-Mails in other jurisdictions, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. USERS OF THIS SITE AND RECIPIENTS OF SUN & SNOW E-MAILS AGREE THAT EXCEPT FOR EQUITABLE RELIEF SOUGHT BY SUN & SNOW, WHICH MAY BE SOUGHT IN ANY COURT OF COMPETENT JURISDICTION, EXCLUSIVE JURISDICTION AND VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS MADE THAT RELATE IN WHOLE OR IN PART TO ANY SUN & SNOW WEB SITE, ANY SUN & SNOW E-MAILS, THIS AGREEMENT, OR THE PURCHASE, RETURN OR USE OF ANY GOODS OR SERVICES OBTAINED THROUGH USE OF A SUN & SNOW WEB SITE OR SUN & SNOW E-MAILS, SHALL BE THE STATE AND FEDERAL COURTS LOCATED IN WASHTENAW COUNTY, MICHIGAN.

Terms of Purchase

I. THIS IS AN AGREEMENT. This is an agreement between you and Sun & Snow Sports, INC. ("Sun & Snow"). This agreement is referred to as this "Purchase Agreement". This Purchase Agreement governs your online purchase of any goods or services from any Web site operated by Sun & Snow. This includes, but is not limited to, this Web site and the Web site associated with Sun & Snow and Sunandsnow.com. In this Agreement, each Web site operated by Sun & Snow is referred to individually as a "Sun & Snow Web Site," and collectively as "Sun & Snow Web Sites", and the "Sun & Snow Parties" means Sun & Snow and its affiliates, and their respective shareholders, owners, members, directors, managers, partners, officers, employees, attorneys, agents and representatives. Any Sun & Snow Web Site may contain additional terms that further govern purchases made on that Sun & Snow Web Site, all of which are incorporated by reference in this Purchase Agreement. Those additional terms include those that appear in online notices relating to certain information, products, software, services or features being sold. Your submission of any order for the purchase of any goods or services through a Sun & Snow Web Site constitutes your acceptance of the terms of this Purchase Agreement, including any applicable additional terms. If you do not agree with any of the provisions of this Purchase Agreement or with any of the additional terms that are a part of this Purchase Agreement, do not make a purchase. If any terms of this Purchase Agreement that are not additional terms conflict with any of the additional terms, then the terms of this Purchase Agreement that are not additional terms shall control. ORDERS ARE RECEIVED FROM YOU ON OR THROUGH SUN & SNOW WEB SITES ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS PURCHASE AGREEMENT WITHOUT MODIFICATION. YOUR SUBMISSION OF AN ORDER CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT WITHOUT MODIFICATION.

II. PRODUCT DESCRIPTIONS. Sun & Snow product descriptions are not designed or intended to replace your personal product knowledge, experience and/or research. We strive to be accurate in our product descriptions, information content, pricing, links and any other product information contained in or referenced on our site. However, occasional human error may occur and we therefore cannot and do not guarantee that all product descriptions, specifications, pricing or any other content on the site is entirely accurate, complete, or current.

III. PRODUCT COLOR. Sun & Snow Web Sites attempt to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using.

IV. MANUFACTURERS' WARRANTIES. The only warranties that are made with regard to products and services purchased through Sun & Snow Web Sites are those, if any, that are issued by the manufacturer or the provider of the service. If a manufacturer's or provider's warranty is provided to you with an item or service purchased, the terms of that warranty will govern the existence and scope of the manufacturer's warranty to you.

V. PRICING. All pricing is subject to change. For all prices, products and offers, Sun & Snow reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

VI. PAYMENT POLICY. Visa, Mastercard and Discover are accepted, and there is no surcharge for their use. We do not submit credit card charges until time of shipment. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

VII. ERRORS. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Sun & Snow reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sun & Snow will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Sun & Snow's Return Policy.

VIII. CHANGING ORDERS. You may request a change to your order, provided your order has not already been charged. Please call during business hours to change your order. Please always have your order number ready. Please never request change to your order via e-mail as we may not receive it in time.

IX. CANCELING ORDERS. You may request a cancellation of your order, provided your order has not already been processed and shipped. Please call during our business hours to cancel your order. If your account has already been charged, you will receive a credit back to your account within approximately 1-2 business days. Please never request cancellation of an order via e-mail as we may not receive it in time.

X. VALIDATING YOUR ORDER. After you place an order using our shopping cart, we will check the information you give us for validity, verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

XI. ORDER ACCEPTANCE / CONFIRMATION. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sun & Snow reserves the right at any time after receipt of your order to accept or decline your order for any reason.

XII. RISK OF LOSS. Risk of damage to and loss of items ordered through this Web site pass to you upon our delivery to the carrier. NO REFUND WILL BE ISSUED in cases where the address initially provided at check or registration by a customer is incomplete of not-deliverable, even if corrections are made after the fact. We will, of course, make every effort to verify correct shipping addresses.

XIII. EXPORT. If goods are being purchased for purposes of export, the purchaser is advised to seek legal counsel or otherwise make arrangements to inquire into the need for, and to obtain, appropriate licenses and/or documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void.

XIV. SHIPPING. All shipping information provided herein or elsewhere on the site shall serve as an addendum to these terms of service and us of or purchase from sunandsnow.com serves as an indication of consent, agreement and acceptance of such. We pride ourselves on shipping orders quickly (almost always within one business day) Orders of $99 or more are eligible for free shipping within the lower 48 contiguous US states WITH THE EXCEPTION OF ITEMS THAT MUST BE SENT VIA FREIGHT CARRIER such as cargo boxes, kayaks, canoes or any other very large items. We do not ship kayaks, canoes or cargo boxes outside the lower 48 contiguous US states. In instances when customers purchase items that must be freighted, SUCH AS CANOES AND KAYAKS, they are contacted for approval prior to billing and shipping. We’ll ship most items to a PO Box, but not kayaks, canoes, cargo boxes, or any auto rack components. If you specify a PO Box and this is problematic we will contact you. We ship to APO and FPO addresses. Orders for customers who select our expedited shipping service will be sent either UPS two day shipping or via USPS next day service. Transit times indicated on our site are estimates based on normal circumstances. Transit times listed on our site, including estimates of transit time for expedited shipping do not constitute a guarantee of arrival by a certain date. All orders ship FOB Ann Arbor, MI, unless they are to ship directly from the vendor. We reserve the right to ship packages signature required. Some carriers require signature for certain items or addresses even if we do not request it. We reserve the right to ship to the provided billing address rather than the shipping address without prior customer notification. Please note that even if your invoice specifies a carrier (Such as UPS), your products may arrive via another carrier. If you are having an item shipped to a location outside the United States additional customs charges may apply.

XV. RETURN POLICY. Authorized returns in original condition may be subject to a 15% restocking fee. A return merchandise authorization number (RMA number) is required for all returns. Should you need to exchange or return any merchandise ordered from Sun & Snow Sports, you can obtain a RMA by emailing returns@sunandsnow.com or by calling us at (734) 663-9515. Returns must be received at our store within 30 days and the RMA number should be indicated clearly on the outside of the box. Returns without RMA numbers are not accepted and we are not responsible for packages received without a return authorization. Customers are responsible for return shipping and reshipment fees for any returned and/or exchanged items. CODs will not be accepted. PLEASE NOTE: Due to Health Department Regulations, we are can not accept returns on worn swimwear. Swimwear without all tags attached will not be returned. Swimwear showing any sign of use will not be returned. Videos and other media are not returnable unless defective and verified as such by our staff. Refunds are credited only after an RMA number has been issues and products have been received. We only issue refunds in the original method of payment or, alternatively, via store credit at our discrection. If an item is defective or was shipped as a result of our error and you wish to exchange it, we will refund reasonable shipping charges you incur in returning it to us and we will pay for shipping an exchange item of similar size and weight to the original shipping address by a shipper of our choice. If an item is defective or was shipped as a result of our error and you wish to receive a refund, we will refund the amount charged to you for the original shipping and will reimburse you for reasonable shipping charges you incur in returning the item. In all other cases where the customer resides in the Continental United States, we will pay for shipping an exchange item (or items) similar in size and weight to the item (or items) returned by you, but will not refund your original or return shipping costs. Our shipment to you will be via a shipper of our choice, usually economy ground, to your original shipping address.
We ask that items returned be complete, include all original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer. Sun & Snow strongly recommends you fully insure your return shipment in case it is lost or damaged and that you use a carrier that can provide you with proof of delivery for your protection. If merchandise arrives damaged: save the merchandise AND the original box and packing it arrived in, notify Sun & Snow immediately to arrange for a carrier inspection and a pick up of damaged merchandise. In cases where an item was shipped for free and then returned without exchange, Sun & Snow reserves the right to issue a refund LESS ACTUAL CHARGED FOR SHIPPING THE ITEM TO YOU.

XVI. DISCLAIMER OF WARRANTIES. SUN & SNOW AND THE OTHER SUN & SNOW PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROMOTED, SOLD OR OTHERWISE AVAILABLE ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUN & SNOW AND THE OTHER SUN & SNOW PARTIES DISCLAIM ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING DISCLAIMER, SUN & SNOW AND THE OTHER SUN & SNOW PARTIES DISCLAIM ALL WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
XVII. LIMITATION OF LIABILITY AND DAMAGES. YOU AGREE THAT SUN & SNOW AND THE OTHER SUN & SNOW PARTIES WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH, OR INFORMATION AVAILABLE ON OR THROUGH, THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LOSS OF DATA), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. THESE EXCLUSIONS SURVIVE IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF DAMAGES APPEARING IN THESE TERMS ARE CUMULATIVE, AND NO DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT IS INTENDED TO LIMIT THE SCOPE OR EFFECT OF ANY OTHER DISCLAIMER OR LIMITATION APPEARING IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

XVIII. LIMITED PERIOD FOR FILING SUIT. YOU AND SUN & SNOW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SUN & SNOW WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

XIX. TAX. Sales tax will be applied orders shipped to or billed to customers within the state of Michigan unless a tax exemption number is on file. Michigan sales tax is 6.0%.

XX. SEVERABILITY. The invalidity or unenforceability of any term or provision of this Agreement or the non application of any such term or provision to any party or circumstance shall not impair or affect the remainder of this Agreement, and the remaining terms and provisions hereof shall not be invalidated, but shall remain in full force and effect.

XXI. NOTICE. All notices and other communications under this Agreement shall be in writing or displayed electronically on this site by Sun & Snow. Notices shall be deemed to have been properly given on the date deposited in the U.S. Mails, if mailed; on the date first made available, if displayed on this site; or on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you, including e-mail addresses. Except as expressly directed otherwise by Sun & Snow herein or elsewhere in this site, e-mail notices to Sun & Snow must be sent to info@sunandsnow.com.

XXII. CAPTIONS; ENTIRE AGREEMENT. The captions used in this Agreement are for convenience only and shall not be used to construe or interpret any of the provisions of this Agreement. This Agreement, together with any Additional Terms, constitute the entire agreement between you and Sun & Snow with respect to the subject matter hereof and of the Additional Terms. All prior agreements, understanding, negotiations or representations, whether oral or in writing relating to such subject matter are superseded and canceled in their entirety.

XXIII. CHANGES TO THIS AGREEMENT. Sun & Snow, and only Sun & Snow, may change (including supplementing and expanding) the terms, conditions, and notices under which it makes sales on or through Sun & Snow Web Sites. Such changes may be made without notice. You agree to regularly review these Terms and any additional terms posted on any Sun & Snow Web Site for changes and agree that any purchase made by you after the effective date of a change affecting terms applicable to the purchases constitutes your acceptance of the change.

XXIV. GOVERNING LAW. This site is created and controlled by Sun & Snow in the State of Michigan, USA. Use of this site and any purchase of goods or services through this site shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to principles of conflicts or non-contractual choice of law. Those who choose to access this site from other jurisdictions, and those who choose to have goods or services delivered to other jurisdictions, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. THE PURCHASER OF GOODS OR SERVICES THROUGH USE OF A SUN & SNOW WEB SITE, INCLUDING THIS SITE, AGREES THAT EXCEPT FOR EQUITABLE RELIEF SOUGHT BY SUN & SNOW, WHICH MAY BE SOUGHT IN ANY COURT OF COMPETENT JURISDICTION, EXCLUSIVE JURISDICTION AND VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS MADE THAT RELATE IN WHOLE OR IN PART TO THE PURCHASE, RETURN OR USE OF ANY GOODS OR SERVICES OBTAINED THROUGH USE OF A SUN & SNOW WEB SITE, SHALL BE THE STATE AND FEDERAL COURTS LOCATED IN WASHTENAW COUNTY, MICHIGAN.