Terms & Conditions

General
Permission to access and use this web site-blackcreekoutfitters.com-is granted to you (the user) upon acceptance of all provisions of the “Terms of Use Agreement”.

Use of Web Site
Permission is granted to customers and other visitors of blackcreekoutfitters.com to electronically print and copy website content for personal shopping and as a general information resource. This permission to use web site content extends to web site generated emails to customers and other visitors to the site. Any other use, including -but not limited to- the reproduction, modification or distribution of the content of blackcreekoutfitters.com is strictly prohibited.

Ordering Products and Services
Black Creek Outfitters offers you two ways to order products and services-via on-line order and via 1-866 telephone service. You may in fact use both-particularly if you have questions-either general or specific about either a product or activity we support.
If you order via E commerce our system is set up to identify whether or not a particular item is in stock and available for shipping when you select that item for your shopping cart. While Black Creek Outfitters does not provide for the backorder of items (item not available at the time you place your order) for either E commerce or 1-800 shopping, you may want to contact us about the future availability of a specific item. E commerce customers will receive an order confirmation via E-mail the day the order is placed. If 1-866 customers provide us with an E-mail address when placing an order, we will confirm their order via E-mail as well.
In the case of items ordered but found to be out of stock when the order is filled for shipping-we will notify you via E-mail of the out of stock item and if appropriate, offer you an alternative item or items. Your original order will not be held up to resolve an out of stock item issue. When the order is shipped we will E-mail the shipper’s tracking # along with a detail of items shipped on that specific order.

Method of Payment
Our web site, blackcreekoutfitters.com accepts Visa, Mastercard, Discover and American Express credit cards as the principal payment medium for products and services purchased. Your credit card is charged at the time of shipment.

Warranty and Liability Limitation
The content and related advice offered through -blackcreekoutfitters.com- are provided by Black Creek Outfitters, Inc. “as is” without warranty of any kind. Black Creek Outfitters, Inc. disclaims all warranties either expressed or implied related to both the content/advice and operation of the web site. Black Creek Outfitters, Inc. will not be liable for damages of any kind-including but not limited to direct, indirect, incidental, punitive and/or consequential damages- arising from either the use of the web site and/or the web site’s content/advice.

Manufacturers, Distributors and Service Providers Warranties
Only those warranties provided by the manufacturers and distributors of products and/or providers of services offered on the web site apply.

New and Unused Items
With the exception of close-out items, baselayer garments (underwear) and climbing gear, any unused item purchased via blackcreekoutfitters.com can be returned for credit or exchange within 30 business days of your receipt of the item. You are responsible for returning the item intact, with all hang tag and packaging materials included and a copy of our original invoice.. You are also responsible for shipping charges related to the returned item.
Black Creek Outfitters suggests that you also insure the item or items returned. Once we receive and inspect the item and determine that the item is unused, intact and accompanied by all related hang tag and packaging materials we will either issue you a credit on the credit card originally used to purchase the item or send you an exchange item for the item returned -you choose the option. If we replace the item, we will charge you for the shipping charge on the new item.

New Defective Items
Without exception, any new item purchased by you via blackcreekoutfitters.com which is defective can be returned for credit or exchange if returned within 30 business days of your receipt of the item. Again you are responsible for returning the item intact, with all hang tag and packaging materials included along with a copy of our original invoice. Once inspected and deemed defective by either Black Creek Outfitters or the product manufacturer, we will either replace the item or issue you a credit on the credit card originally used to purchase the item-you choose the option. Black Creek Outfitters will also credit you for reasonable shipping charges related to the return and we will ship the replacement item free of charge. In both instances-the shipping charges which you incur and the replacement shipping charges incurred by us must be reasonable. Reasonable shipping charges are defined as US Postal Ground, Fedex Ground, or UPS Ground service.

Used Defective Items
New items purchased from blackcreekoutfitters.com that fail after use can either be returned to either Black Creek Outfitters or the product manufacturer for a determination as to whether repair, replacement or credit is warranted. A copy of our original invoice identifying the item must be included with the returned item. All such items must be clean when returned. In the event the item is not clean, a cleaning charge of up to $50 per item will be levied before the item is further processed. Either Black Creek Outfitters or the product manufacturer will determine if the defect is from normal use, abuse or a defect in manufacturing. If the item is returned to Black Creek Outfitters, we will communicate to you the outcome of our collective inspection of the failed product. If the product failed from normal use or from a manufacturing defect and is covered by the manufacturer’s warranty, at our collective discretion, we will either repair the item or replace the item. In the event that the item cannot be either repaired or replaced, we will credit your account for the level of replacement value approved by the manufacturer. If we repair or replace the item under the manufacturer’s warranty, we will pick up the shipping charge on a one time basis for the repaired or replaced item. If the failed item is determined not to be covered by the manufacturer’s warranty, we will advise you and determine disposition of the item. You may then choose to have the item repaired and returned-in which case you will be charged for the cost of the repair and return shipping to you, or returned without repair-in which case you will be charged for the return shipping, or finally you can elect in writing (via E-mail) for the item to be disposed of by us on your behalf.

Copyright Protection
The content included on the blackcreekoutfitters.com is the property of either Black Creek Outfitters, Inc. or its content and software providers and as such is protected by U. S. and international copyright laws.

Site Information and Advice
This web site contains content from a variety of sources including-but not limited to- manufacturers, suppliers, industry associations, activity providers and from Black Creek Outfitters, Inc. and Black Creek Guides, Inc. and its’ respective employees. This web site’s content may contain inaccuracies and may omit or distort information due all or in part to the negligence of any of the above content providers-including the employees of Black Creek Outfitters, Inc.. Black Creek Outfitters, Inc. makes no warranty of any kind and shall have no liability whatsoever, regarding the content on the blackcreekoutfitters.com web site and/or advice provided by the web site or by Black Creek Outfitters, Inc.’s employees- even in the event of the negligence of Black Creek Outfitters, Inc. and/or it’s employees.

User Indemnification of Black Creek Outfitters, Inc.

Your (you-the web site user) use of this web site requires you to release and hold harmless Black Creek Outfitters, Inc., its officers, directors , employees, 3rd party agents and contractors from any claims, damages or actions arising from the use of the blackcreekoutfitters.com web site including products and services offered on the web site and/or advice rendered by Black Creek Outfitters, Inc.’s employees. As a user of this web site you further agree to indemnify Black Creek Outfitters, Inc. and its officers, directors , employees, 3rd party agents and contractors for any and all expense, claim, loss or liability associated with such claims, damages and/or actions.

Entire Agreement
This agreement comprises the entire agreement between you, the web site user, and Black Creek Outfitters, Inc., the owner and operator of blackcreekoutfitters.com.

Captions
The headings and captions are provided for convenience only and do not define, limit or describe the scope or intent of this agreement.

Privacy Statement
Permission to access and use this web site-blackcreekoutfitters.com-is granted to you (the user) upon acceptance of all provisions of the “Terms of Use Agreement”.

The Information We Gather and Use
Our web site collects information directly provided by you: to process and ship your order and to respond to web site inquiries, surveys and customer service questions or general correspondence. Such information may include your name, billing address, e mail address, telephone #, shipping address and credit card number(s). We only share such information with those 3rd party agents necessary to process (credit card companies) and ship (carriers) your order to you or when required to share such information by law. Black Creek Outfitters and its web site-blackcreekoutfitters.com is not responsible for the privacy statements or policies of any 3rd party agents.
Our web site also automatically collects the domain name of e mail addresses of both customers and others visiting our web site and aggregates the collective information to include: which pages were visited; when and for how long those pages were visited and such other information which could help use improve our web site usefulness.

Children and Our Web Site
Black Creek Outfitters, Inc. and its web site-blackcreekoutfitters.com-do not sell either goods or services to persons under the age of 18 years old. We do not intend to collect any personally identifiable information related to persons under the age of 18 years old through our web site. If you become aware that a child has provided us with personal information , that child’s parent should contact us directly at (904) 645-7003.

3rd Party Websites
This web site has links to other web sites as a service to visitors to our site. These 3rd party web sites may collect personally identifiable information about you if you choose to enter their site(s). Black Creek Outfitters, Inc. and its web site- blackcreekoutfitters.com- is not responsible for either the privacy policies or terms of use of all linked 3rd party web sites.

Additional Terms
Other terms regarding the use and operation of the web site are set forth in the “Operating Policies” section of the web site as well as in notices periodically posted to the web site. These additional terms include the order process, method of payment, shipping charges, returns and exchanges, sales taxes and such other policies as deemed necessary to conduct web site business. These additional terms are deemed a part of this agreement.

Severability
The invalidation or unenforceability of any provision of this agreement will not invalidate the remaining provisions-those remaining provisions shall remain in full force and effect.

Governing Law
This Agreement shall be governed by the laws of the State of Florida. You (the web site user) agree that the jurisdiction and venue for any legal or equitable claims made (by you, the user) that relate to the use of the web site content/advice, the terms of this agreement and/or the purchase, return and/or use of any products or services obtained from the website, blackcreekoutfitters.com, shall be the State of Florida and U.S. Courts in Jacksonville, Florida.

Product and Service Pricing
All pricing and offers are subject to change. Black Creek Outfitters reserves the right to make changes in pricing, products, special offers, shipping and any such other items or services offered on this web site.

Notice
All notices to you (the user) shall be in writing and deemed delivered when displayed on the blackcreekoutfitters.com web site. All notices to Black Creek Outfitters, Inc. shall be in writing and delivered by overnight delivery service, by certified or registered mail-return receipt requested-or by hand to Black Creek Outfitters, Inc. 10051 Skinner Lake Drive, Jacksonville, FL 32246. Notices to Black Creek Outfitters, Inc. shall be deemed given on the date notice is received.