Welcome to Roach Survival Gear (“we,” “us,” or “our”), an online store accessible at roachgear.com. These Terms and Conditions (“Terms”) govern your use of our website and the purchase of products through our online store.
By accessing our website or placing an order, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.
3.1 Product Descriptions: We strive to provide accurate and comprehensive product descriptions, including features, specifications, usage instructions, and images. However, we do not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free.
3.2 Product Availability: All products displayed on our Website are subject to availability. We reserve the right to discontinue any product at any time.
3.3 Order Acceptance: Your order constitutes an offer to purchase. We reserve the right to accept or decline your order for any reason, including but not limited to product availability or errors in product information.
3.4 Order Confirmation: Once we have processed your order, we will send you an order confirmation email. This email constitutes our acceptance of your order.
3.5 Pricing and Payment:
4.1 Shipping Methods: We offer various shipping methods as displayed at checkout. Shipping methods, rates, and times may vary based on the delivery address and product selections.
4.2 Delivery Times: Estimated delivery times are provided for informational purposes only and are not guaranteed. Actual delivery times may vary due to processing time, shipping carrier delays, customs clearance, and other factors beyond our control.
4.3 Dropshipping Notice: Please be aware that Roach Survival Gear operates using a dropshipping fulfillment model. Your products will be shipped directly from our supplier partners and may arrive in packaging that does not bear the Roach Survival Gear name or logo.
4.4 International Shipping: For international orders, you are responsible for any duties, taxes, or import fees that may be imposed by your country’s customs authorities.
4.5 Risk of Loss: The risk of loss and title for products purchased from our Website pass to you upon delivery of the products to the carrier.
4.6 Canadian Shipping: For orders within Canada, shipping times and methods comply with all applicable Canadian regulations. Any applicable GST/HST and provincial sales taxes will be calculated at checkout.
5.1 Return Policy: You may return most new, unopened items within 30 days of delivery for a full refund of the product price (excluding shipping costs). Certain products may not be eligible for return due to hygiene or safety concerns, which will be noted in the product description.
5.2 Return Process: To initiate a return, please contact us at sales@roachgear.com to obtain a Return Merchandise Authorization (RMA) number and return instructions.
5.3 Condition of Returns: All returned items must be in their original packaging, including all accessories, manuals, and documentation. Items must be in resaleable condition to qualify for a refund, except where the return is due to a product defect or where applicable law provides otherwise.
5.4 Payment Cancellation or Failure: In the event of payment cancellation or failure, we will attempt to contact you to resolve the issue. If the payment cannot be processed successfully within 5 business days, the order will be automatically cancelled, and any funds held will be released back to your payment method.
5.5 Return Shipping: You are responsible for the cost of return shipping unless the return is due to our error, a defective product, or as otherwise required by applicable law. For returns from Quebec, we will provide a prepaid return shipping label in accordance with Quebec Consumer Protection Act requirements.
5.6 Refund Processing: Once we receive and inspect your return, we will process your refund within 5-10 business days. Refunds will be issued to the original payment method used for the purchase.
5.7 Damaged or Defective Items: If you receive damaged or defective items, please contact us within 48 hours of receipt at sales@roachgear.com
6.1 The Website and all content, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Roach Survival Gear or its content suppliers and are protected by Canadian and international copyright, trademark, and other intellectual property laws.
6.2 You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Website or any portion of it without our explicit written consent.
7.1 You agree not to:
8.1 The website and products are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
8.2 Except where prohibited by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. This disclaimer does not affect any warranties that cannot be excluded under applicable consumer protection laws.
8.3 We do not warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components.
9.1 In no event will Roach Survival Gear, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, or any products or services purchased through the website, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
9.2 The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
10.1 You agree to defend, indemnify, and hold harmless Roach Survival Gear, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website.
11.1 You agree to use our products only for their intended purposes and in accordance with all applicable laws, regulations, and safety guidelines.
11.2 You acknowledge that certain products sold on our Website may be subject to age restrictions or other legal limitations, and you represent and warrant that you will comply with all such restrictions and limitations.
11.3 You assume all risks associated with the use of products purchased from our Website. We are not liable for any injuries, damages, or losses resulting from the misuse or improper use of our products.
12.1 The Website may contain links to third-party websites or content that are not owned or controlled by Roach Survival Gear.
12.2 We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
12.3 You acknowledge and agree that Roach Survival Gear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
13.1 We may terminate, suspend, or bar your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
13.2 Upon termination, your right to use the Website will immediately cease.
13.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
14.2 By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
15.1 Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
15.2. We comply with GDPR, PIPEDA, and CCPA to protect user privacy.
15.3. Collection and Use of Personal Data: Personal data is stored securely and used only for platform operations, such as transaction processing. We do not sell or share personal data for marketing purposes without explicit consent. User data may be shared with third-party services only as necessary to provide the intended functionality.
15.4 Users can:
Requests can be sent to c.jackson@roachgear.com and will be processed within 30 days.
15.5. Data is stored only as long as necessary for legal and operational purposes.
15.6 While we implement reasonable security measures, we cannot guarantee that the platform is free from cyber threats, hacking, or data breaches. To the maximum extent permitted by applicable law, we shall not be responsible for any unauthorized access, loss of data, or cyber-related damages suffered by users.
15.7. In the event of a data breach affecting user personal information, we will notify affected users via email without undue delay and, where legally required, relevant supervisory authorities. The notification will include details of the breach, potential impacts, steps users can take to protect themselves, and measures taken by us to address the breach.
16.1 These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
16.2 Any dispute arising from or relating to these Terms shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved through negotiation within 30 days, it shall be resolved by binding arbitration administered by the ADR Institute of Canada under its Simplified Arbitration Rules, except where prohibited by applicable consumer protection laws.
16.3 The prevailing party in any arbitration or other proceeding arising under these Terms may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees, and all other expenses) incurred in connection therewith.
17.1 If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
18.1 We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control, including, but not limited to: acts of God; severe weather; strikes; lock-outs or other industrial action; war; riot; civil commotion; malicious damage; compliance with any law or governmental order, rule, regulation, or direction; accident; breakdown of plant or machinery; fire; flood; storm; or default of suppliers or subcontractors.
20.1 Questions about the Terms should be sent to us at c.jackson@roachgear.com.
20.2 For customer service inquiries, please contact us at c.jackson@roachgear.com or call us at our customer service number listed on the Contact page of our website.
By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
