Terms of Service and Use
- This section includes the following:
- Coupon Codes
Shipping & Delivery (including risk of loss)
Privacy & Security
Returns & Replacements
Payment, Pricing & Promotions
Updating Account Information
Our Address & Phone
- Dispute Resolution
- Coupon Codes: We only allow 1 code per purchase, you may not "stack" or use more than one coupon code. FREESHIP code will cause your order to be shipped via ground shipping, no matter the shipping option you choose. Our apologies for any confusion on this as Shopify does not allow us to customize these options.
- Shipping & Delivery
We normally ship within 72 hours of payment; however, some delays may be possible. Please contact us if you are concerned on receiving an order in time for a trip or other endeavor. We ship either First Class or Priority via the US Postal Service for domestic shipping and DHL for international orders; shipping method will be indicated on the listing for the particular item and at checkout.
We do not guarantee delivery dates, any scheduled delivery times are subject to change and are estimates only.
International buyers, please be aware that we do not collect any taxes, any import taxes / duties are your responsibility and are not included on our invoice.
Availability and Pricing. All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. Purchases are also subject to our price matching policy and sale items policy.
Taxes. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Payment. Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.
Shipping; Risk of Loss. You agree to pay any shipping and handling charges shown at the time you make a purchase. In all cases, we cannot change the shipping address that occurs on the payment. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
- Privacy & Security
Your account information and profile are password-protected on a secure site so that you can have access to your profile and the Personal Information included in it.
Any credit card information you enter on the Website is encrypted by an industry-standard protocol, SSL (Secure Sockets Layer). We use SSL to communicate with secure browsers. These browsers encrypt your credit card and Personal Information in a way that makes it extremely difficult for anyone to intercept and misuse while being transmitted between your computer and our server. If your browser is insecure, you will not be able to transact business through our Website.
- Returns & Replacements
Please see our Return Policy displayed in its own web page.
- All sales are final, all sales do not come with a warranty, all sale items use completely at your own risk. Climbing is an inherently dangerous activity. It is the sole responsibility of the purchaser or user of any technical adventure equipment to get proper instruction and to act safely and in accordance with the uses and specifications outlined by the manufacturer. It is your responsibility to learn how to safely use the product. Inspect your gear before each use. If you notice what might be a problem, seek a professional opinion before continuing use of the product. If you have any questions concerning the inspection of a piece of climbing equipment, contact yinetyme before buying or putting an offer on any item(s).
- Payment, Pricing & Promotions
Payment can be made using Paypal or credit card, and the policies on these payments can be found on their websites. In all cases, we cannot change the shipping address that occurs on the payment. Please contact us immediately if you require an address change.
All prices are final after an item has been purchased. There is no refund or credit that will be issued if the same or similar item goes on sale.
- Viewing Orders
- You can view all recent purchases in your account. Please login to view and print all recent orders.
- Updating Account Information
Please make sure all information in your account is up to date should we need to contact your for any reason pertaining to your order(s).
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with NOCO Gear and limits the manner in which you can seek relief from us.
You and NOCO Gear waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. The arbitration will be held in Larimer County, Colorado, provided that if the claim is for $25,000 or less, either you or NOCO Gear may choose to conduct the arbitration through a telephonic hearing. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and NOCO Gear agree that any dispute arising out of or related to these Terms or our Services is personal to you and NOCO Gear and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
To the maximum extent permitted by applicable law, you and NOCO Gear agree that these Terms affect interstate commerce and that the enforceability of this will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"). As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and NOCO Gear agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and NOCO Gear agree that the state or federal courts of the State of Colorado and the United States sitting in Colorado have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and NOCO Gear will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this by emailing firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the laws of the State of Colorado.
This will not apply to (i) small claims disputes in which you or NOCO Gear may seek to bring an individual action in small claims court located in Larimer County, Colorado or (ii) disputes in which you or NOCO Gear seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property.
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Colorado, without regard to conflict of law rules or principles (whether of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of Colorado and the United States, respectively.
All or part of our Services or the products purchased via our Services may be subject to U.S. export control, customs or economic sanctions laws (“Export Controls”). You agree to comply with all Export Controls as they relate to your receipt and use of our Services and the products purchased via our Services. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.