Terms of Sale

YOUR PURCHASE AND USE OF ANY PRODUCTS SOLD ON MYCOUNTRYUS.COM (“WEBSITE”) SHALL BE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”), WHICH IS A BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND MY COUNTRY, INC., A TENNESSEE CORPORATION D/B/A “MYCOUNTRYUS.COM” (“MYCOUNTRYUS” OR “US” OR “WE”).

BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THIS AGREEMENT. 

Sale Authorization & Payment Terms

By providing your credit card, debit card, payment account, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for all products You purchase, and all other stated shipping costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You click the submit button and otherwise have authorized the payment. 

Pricing Policy

We are not responsible for pricing, typographical, or other errors in any price stated on this We reserve the right to cancel any orders arising from such errors.  We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any product description or information contained on this Website regarding such product. All pricing is in United States currency (USD) unless otherwise stated. All listed prices do not include shipping and handling charges unless otherwise indicated. You agree to pay all charges that may be incurred by you or on your behalf through this Website, at the actual price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. If a product’s actual price is lower than the price stated on this Website, we will charge the lower amount and ship the product to You. If a product’s correct price is higher than the price stated on this Website, we will notify You via email and we will cancel your order. 

Product Availability 

All sales are subject to product availability and we may revise and discontinue any product at any time without notice to You (which may affect any information saved in any saved searches or your shopping cart). We also reserve the right, with or without prior notice to You, to i) limit the available quantity of or discontinue any product; ii) bar any Website user from making any or all transaction(s); iii) refuse to provide any Website user with any product we sell; and iv) limit quantities on orders placed by the same user (or account), the same credit card, or orders that use the same billing and/or shipping address. If a product You have ordered is unavailable, your order will be placed on backorder and we will send an email to You containing the estimated arrival time. After receipt of our email, You can then elect to wait for the product, or You may cancel your order by responding to the email and requesting that the order is canceled.

Accuracy of Materials

We make every effort to describe and display our products accurately on this Website. However, our products may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates on our Website. Accordingly, we do not guarantee the accuracy or completeness of the information provided on this Website relating to product prices, exact product colors, shapes or sizes as depicted on this Website or regarding product availability. We reserve the right to change or update information and to correct errors, inaccuracies or omissions in connection with the product at any time without prior notice.

Title to Products & Risk of Loss 

Title to any products You purchase from us and risk of loss or damage to such products during the shipping process shall pass to You upon delivery by us to the carrier for shipment of any Product(s) You purchase. 

Shipping

All costs of shipping, handling, and any sales or value-added tax required to be collected by us will be additional costs to You unless otherwise expressly indicated at the time of sale. All shipping times listed on this Website are only estimates of the expected number of business days it will take for in-stock merchandise to be shipped from our facilities and delivered to You. (“Business days” means Monday-Friday, excluding holidays). In some cases, merchandise may actually ship earlier than expected. An initial confirmation email may be sent by us to You after successfully placing an order through our Website. However, any confirmation you receive from us regarding receipt of any order by You does NOT mean your order request has been received or that your order has been accepted or shipped as this is an automated email confirmation. Once your order request has been successfully received and your product has been shipped, You will receive an email confirmation of the shipment. 

⦁ Additional charges will apply on all orders requesting or requiring expedited shipping.

⦁ In-stock products will ship from the warehouse in approximately 1 to 3 business days, from the date order received. Allow 2-5 additional business days for delivery depending upon location. 

⦁ We shall not be held responsible for cost in delays from shipping and or back-ordered products.

Taxes & Other Charges

Unless otherwise indicated and, You are responsible to pay any applicable sales (use) taxes or any other similar tax required to be paid by the state in which You reside or any custom duties or VAT taxes required to be paid by You due to your purchase of the product from this Website. If we are required to collect any taxes at the point of sale, then all applicable taxes will be added to the purchase price and You agree to pay the same unless You provide us with a valid and correct tax exemption certificate applicable to your purchase of any products from us.

Refunds & Returns

You may return any product purchased from us for any reason or for no reason with the exception of products that are non-returnable as set forth in this Agreement below. All returns must be shipped (postmarked) to us no later than thirty (30) business days from the date of purchase. Failure to follow the return instructions included with the product or posted on this Website shall render any obligation by us to refund your purchase price null and void. We will refund the purchase price of the returned product in full, but excluding any shipping and handling charges You have paid, which are non-refundable by us (to the extent free shipping on any such product(s) has not been offered by us). You will also be solely responsible to pay for all return shipping costs incurred by You for sending any product(s) back to us and You will also be solely responsible for the shipping costs necessary to send any returned product(s) back to You. (If applicable, in instances where we have created an account with the shipping service and have elected to be charged directly for return shipping costs, then such costs will be directly deducted from any refund You receive.)

A 10% restocking fee will be charged to the customer for all returned items. 

All returned products must be shipped back to us using a shipping service that offers a tracking option. Unless otherwise noted during your purchase, products may not be returned in an opened box or opened packaging and any returned product(s) cannot be damaged and must otherwise be in an unused, new condition and must include all documentation, media or all other separate products or components that were included in the original shipment. Any returned item must be shipped back in its original packaging and packaged properly to prevent damage. If not, additional charges may apply upon our sole discretion. No food or supplements or other perishable items requiring a seal may not be returned, but are the subject of a refund by us provided any such product is incorrect, missing or otherwise spoiled and unusable. Any such products You return cannot be damaged and cannot show any signs of wear or use or no refund will be provided whatsoever. You are responsible for all risk of loss for any returned products. We are not responsible for any returned products that are lost or damaged during shipping. We will provide a refund to you as soon as is reasonably possible after our receipt of your returned product(s) and after we have inspected the same to determine whether or not any such product(s) is damaged or whether any signs of wear or use exist.

To request any return, e-mail a copy of your online receipt with a reason of return to info@mycountryus.com.

Once any returned product(s) is/are received and inspected by us, we may notify You by email that we have received your returned product(s) and whether we have approved or rejected your request for a refund, as based upon the reasons set forth above. All approved returns will be processed and a credit will automatically be applied to your credit card or applied to your original method of payment within a reasonable amount of time thereafter. If you do not receive any refund You are entitled to receive under this Policy, please re-review your bank account statements or contact your credit card company, as applicable. We do not have any control over the refund processing time by your credit card provider or by your bank. If You believe that an unusual amount of time has elapsed from the date You have received a refund/return approval notification from us, please contact us at info@mycountryus.com.

Exchanges For Defective Products

We may elect to repair, make appropriate adjustments to, or replace any product You purchase that is defective (which includes any unknown damage to such product caused by us during packaging) upon our receipt of notification by You that such product is defective and a request by You that the product is replaced. In such case, we will be responsible for all shipping and handling costs in connection with any return shipment by You. You should follow the same procedure for returning non-defective products as set forth above. Any replacement products we exchange/replace will not be shipped back to You until we have had a reasonable amount of time to inspect all returned products.

Cancellation Policy

You may cancel any existing purchase by sending us an email before the product(s) is shipped (usually 1-3 business days from the date of your purchase). No cancellations will be honored by us if made after any product You have purchased has been shipped. All requests to cancel any existing purchases must be made by sending an email to info@mycountryus.com, which must contain your request to cancel your purchase and should include the purchase/order number or date of sale if no purchase/order number was provided. Once the product(s) has been shipped, You must contact us by email to initiate the return process.

Changes To Existing Purchases

Modifications to any existing purchases may be permitted at any time prior to the shipment of the original product(s) the subject of the purchase. Any additions to any purchases shall be subject to product availability and may not be able to be shipped within the same time-frame as your original purchase in some cases. All requests to make changes to an existing purchase must be made by sending an email to info@mycountryus.com.

Product Use Restrictions

You may only use any products You purchase from us for your own internal personal use and not for resale or sub-licensing. Any resale or licensing or other distribution by You of any product(s) You purchase from us is strictly prohibited. You are solely responsible for compliance with any laws applicable to your purchase and use of any products made available through this Website. You agree to comply with all applicable laws and regulations of the United States and the various states. We make no representations or warranties to You that use of any product You purchase will be legal in your jurisdiction. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case. Any user of  any of our products agrees to the use restrictions set forth above by using our product regardless whether such person was the original purchaser of the product. 

NO EXPRESS OR IMPLIED WARRANTIES

WE MAKE NO OTHER WARRANTIES OF ANY KIND REGARDING YOUR USE OR THE PERFORMANCE ANY OF THE PRODUCT(S) YOU PURCHASE INCLUDING THE PERFORMANCE OF ANY GAME SOFTWARE USED IN CONNECTION WITH SUCH PRODUCTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, SOFTWARE “BUGS” OR OTHER DEFECTS OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY WARRANTY PROVIDED BY ANY MANUFACTURER, DISTRIBUTOR OR SUPPLIER OF ANY OF OUR PRODUCTS NOT MADE BY US WILL BE INCLUDED WITH THE PRODUCT.

LIMITATION OF LIABILITY

YOU AGREE THAT WE OR ANY OF OUR MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS OR OUR SUCCESSORS AND/OR ASSIGNS, AS APPLICABLE, SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF ANY PRODUCT YOU PURCHASE FROM US INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH INDIRECT DAMAGES OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. 

YOU AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER IN ANY MANNER FOR ANY CONDUCT/ACTIONS OF ANY THIRD PARTY WHO MAY USE ANY OF OUR PRODUCTS. OUR LIABILITY TO YOU FOR ANY DIRECT DAMAGES IN ALL OTHER CASES SHALL BE LIMITED TO THE TOTAL PURCHASE PRICE OF THE PRODUCT(S) IN QUESTION PAID BY YOU. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE §1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.

Exceptions to Disclaimers & Limitations 

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties and the extent of our liability shall be as limited as allowed under any applicable laws.

Indemnification 

You hereby agree to defend, indemnify and hold us, our officers, directors, shareholders, employees, consultants, agents and representatives harmless from and against any third-party claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to (i) any breach of this Agreement by You; (ii) Your use of any of our products generally; (iii) any actual or alleged violation by You of any intellectual property, proprietary or other right of any third-party; or (iv) Your negligent or willful acts or omissions.

Information Security Policy 

We use reasonable, industry standard security measures to protect your personally identifiable and billing information during transmission to our Website. We make no guarantee, warranty or representation that your name or email address, or any other Identity Information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.

Miscellaneous: 

A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your purchase and use of any products sold by us and supersedes any prior communications, representations or agreements of the parties, except any terms contained in any separate Website terms of use, our Privacy Policy or any other agreement which may relate to your purchase or licensing of any product from us, and cannot be altered, amended, or modified except in writing executed by an authorized representative of each party. 

B. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.

C. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.

D. Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party’s control.

E. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void. 

F. Survival. Any provisions of these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.