Terms & Conditions

Welcome to ChaChaGear.com!

If you visit or purchase items from ChaChaGear.com, you accept these Terms and Conditions of Use. 

Please read the following Terms and Conditions of Use carefully.  Please note that ChaChaGear.com may update the Terms and Conditions of Use from time to time, and you should check this page periodically for changes.  If changes are made, ChaChaGear.com will notify you by stating the date the Terms and Conditions of Use change is effective.  If significant changes to the Terms and Conditions of Use are made, it will be prominently indicated on ChaChaGear.com.

Payment and Pricing

ChaChaGear.com currently accepts MasterCard, Visa, American Express and Discover.

We cannot confirm the price of a Product listed on the Site until you order.  However, we will not charge your credit card until after your order has been completed.

We recommend printing out a copy of your order confirmation page for your records.  After submitting your order, a copy of your order will be sent to the email address you supplied when you placed your order.

Shipping and Delivery

All orders placed on this Site are subject to Product availability and will be shipped according to ChaChaGear.com’s shipping and delivery policies.

ChaChaGear.com reserves the right to reject any order and/or limit quantities on any order you may place with us, without giving any reason.  If item availability changes after you place your order, or if your order is denied, rejected, or canceled ChaChaGear.com will attempt to notify you using the email address you supplied when you placed the order.

ChaChaGear.com ships via USPS carrier service to all fifty (50) states of the United States.  Shipping fees will be calculated during the checkout process based on the shipping information you supply.  These shipping fees do not necessarily represent USPS published rates and may include handling charges levied by this store.  Information displayed on the Site as you are placing your order will be provided to USPS.  You agree and acknowledge that USPS’s use of this information will be pursuant to the current USPS privacy policy, and will not be subject to or restricted by the ChaChaGear.com Privacy Policy.

Sales tax will be charged to all orders that are processed with a California, Indiana or New York shipping address, regardless of the location from which your order will ship.  The amount of sales tax charged depends on the type of item purchased and the destination of the shipment.  Internet retailers are required to collect taxes in the states where that retailer has a physical presence.

ChaChaGear.com will process all orders within a reasonable time.  When you place an order, shipping and/or delivery date estimates may appear on the Site.  If a tracking or delivery confirmation number is available for your order, you may obtain additional tracking and delivery information by contacting ChaChaGear.com at gear@chacha.com.  Some shipments may not be trackable. 

Return Policy

ChaChaGear.com allows you to return any new and unopened or undamaged ChaChaGear.com Product within thirty (30) days of the date of purchase for a refund.  ChaChaGear.com does not provide a shipping label for Return Products. 

To return a Product, you must ship the Product to an authorized return center.  All returns must be in their original condition and include the packing slip, all original packaging material, tags, and accessories.  ChaChaGear.com reserves the right to deduct a missing item or damaged Product fee from any customer refund for any Product that damaged or is missing the original box, packaging materials, tags, or accessories.  Details regarding any refund may be provided to you through the email you supplied when you placed your order.  Return payments will be refunded via the payment method you used when placing your order.  Refunds will be processed within a reasonable time of ChaChaGear.com receiving the Returned Products and performing an inspection.  ChaChaGear.com reserves the right to deny any return.

No return service is provided unless the Product is returned to an authorized return center.  The return service is only available and valid for those Products that will be return shipped within the United States.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  CHACHAGEAR.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS. ANY INFORMATION PROVIDED BY OR OTHERWISE OBTAINED THROUGH THE SITE OR THE SERVICES HAS NOT BEEN VERIFIED, AND NEITHER CHACHAGEAR.COM NOR ANY GUIDE GUARANTEES, REPRESENTS, OR WARRANTS THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.  

CHACHAGEAR.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CHACHAGEAR.COM’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK.  YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET, THE SERVICES OR OTHERWISE, IS NOT SECURE.

NEITHER CHACHAGEAR.COM, NOR ANY OF CHACHA’S GUIDES, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “CHACHA ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CHACHAGEAR.COM OR A CHACHA ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH CHACHAGEAR.COM OR ANY CHACHA ASSOCIATE IS TO STOP USING THE SITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT CHACHA’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED FIVE DOLLARS ($5.00).

THE SITE AND THE SERVICES ARE CONTROLLED, OPERATED AND ADMINISTERED BY CHACHAGEAR.COM FROM ITS OFFICES WITHIN THE UNITED STATES. CHACHAGEAR.COM MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE OR THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE OR THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND CHACHAGEAR.COM ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CHACHAGEAR.COM AND THE CHACHA ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE AND THE SERVICES BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN CHACHA AND YOU.

Dispute Resolution

These Terms and Conditions of Use and the relationship between you and ChaChaGear.com shall be governed by the laws of the State of Indiana, without regard to any conflict of law or choice of law provisions of any state to the contrary.  To the extent you have in any manner violated or threatened to violate ChaChaGear.com’s intellectual property rights or your obligations with respect to ChaChaGear.com’s confidential information, ChaChaGear.com may file an action seeking injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to the personal jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the courts located within Marion County or Hamilton County, Indiana, in the event of any dispute, and waive any future right to object to this designation of jurisdiction and venue and waive any right to a jury trial in connection with any such action.  You agree that any claim or cause of action arising out of or related to use of the Site or the Services or these Terms and Conditions of Use must be brought within one (1) year after such claim or cause of action accrues or be forever barred.  The one-year period begins on the date when the claim first could be filed.  If it is not filed in time, then that claim is permanently barred.  This applies to you, your successors and permitted assigns.

Miscellaneous

The failure of ChaChaGear.com to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect.  The headings used in these Terms and Conditions of Use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.  Nothing in these Terms and Conditions of Use shall be construed to establish a partnership, joint venture, agency, employment, or other business relationship between you and ChaChaGear.com.

For any questions, please contact ChaChaGear.com at:

ChaChaGear.com
14550 Clay Terrace Blvd.
Suite 130
Carmel, IN 46032
gear@chacha.com

Effective Date: April 13, 2010