Nutzungsbedingungen
Terms of Service – Caliber
Thank you for visiting Caliber. By accessing our website or purchasing any products or services from us, you agree to be bound by the following Terms of Service. Please read these terms carefully before using our website or placing an order.
These Terms of Service are governed by the laws of the United States and applicable state laws, including consumer protection regulations enforced by the Federal Trade Commission (FTC).
1. Acceptance of Terms
By accessing, browsing, or purchasing from our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and all policies incorporated herein by reference, including our Returns & Refunds Policy and Privacy Policy. If you do not agree with any part of these terms, you should not use our website or services.
2. Changes to the Terms
Caliber reserves the right to update or modify these Terms of Service at any time without prior notice. Any changes will take effect immediately upon being posted on this page, with the updated effective date noted at the bottom. It is your responsibility to review these terms periodically. Continued use of our website following any update constitutes acceptance of the revised terms.
3. Eligibility
By using this website, you represent that you are at least 18 years of age, or that you are accessing the site under the supervision of a parent or legal guardian. Our website is not directed to children under the age of 13, and we do not knowingly collect information from minors in compliance with the Children's Online Privacy Protection Act (COPPA).
4. User Accounts
To access certain features or complete a purchase, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep your login credentials confidential. You are solely responsible for all activities conducted through your account. Notify us immediately at clientservices@caliberheritage.com if you suspect any unauthorized use of your account.
5. Product Information & Pricing
We strive to provide accurate product descriptions, images, pricing, and availability information in compliance with the FTC Act, which prohibits deceptive or misleading representations. However, errors may occasionally occur. Caliber reserves the right to correct any errors or inaccuracies at any time without prior notice, including after an order has been placed.
Prices are displayed in U.S. dollars. Applicable taxes may be added at checkout depending on your location and applicable state tax laws.
6. Orders & Payments
By placing an order, you are making an offer to purchase our products. An order confirmation email acknowledges receipt of your order but does not constitute acceptance. The purchase contract is formed only once the order has been shipped and a shipping confirmation has been sent to you.
Payments are securely processed through authorized third-party payment providers, including Shopify Payments, PayPal, and major credit card networks. We do not store your full payment credentials. All transactions are subject to verification and approval by the relevant payment provider.
Caliber reserves the right to refuse, cancel, or hold any order in cases of suspected fraud, payment failure, pricing errors, or violations of these Terms. If your order is cancelled after payment has been processed, a full refund will be issued to your original payment method.
7. Order Processing & Delivery
In accordance with the FTC Mail, Internet, or Telephone Order Merchandise Rule (16 C.F.R. Part 435), orders are processed within up to 48 hours of payment confirmation. Estimated delivery time is 10 to 20 business days from the date of shipment, depending on destination and carrier conditions.
Once your order has shipped, tracking information will be sent to the email address provided at checkout.
If we are unable to ship your order within the stated timeframe, we will notify you by email and offer you the option to either agree to a revised shipping date or cancel your order for a full refund, as required by the FTC Mail Order Rule.
Third-Party Fulfillment: Orders may be fulfilled and shipped by a third-party supplier directly on our behalf, from a location that may differ from our business address. This does not affect your rights as a consumer.
Delays caused by customs procedures, carrier disruptions, natural events, or other circumstances beyond our reasonable control are not the responsibility of Caliber. However, we will make reasonable efforts to assist you in resolving any delivery issue.
8. Returns & Refunds
All return, exchange, and refund conditions are governed by our Returns & Refunds Policy, which is incorporated into these Terms by reference. Please review that policy carefully before making a purchase. Your statutory rights under applicable U.S. federal and state consumer protection laws are not affected by our return policy.
9. Customs Duties & Import Fees
Orders shipped to destinations outside the continental United States may be subject to customs duties, import taxes, or other fees imposed by local authorities. These charges are the sole responsibility of the customer. Caliber is not responsible for any additional fees incurred during importation, and we are unable to predict or control what charges may apply in your jurisdiction.
10. Intellectual Property
All content on this website — including but not limited to logos, text, images, graphics, designs, product descriptions, and software — is the property of Caliber or its licensors and is protected by applicable U.S. intellectual property laws, including the Copyright Act and Lanham Act. Unauthorized use, reproduction, modification, distribution, or publication of any content from this website is strictly prohibited without express written permission.
11. Prohibited Activities
By using this website, you agree not to engage in any of the following activities:
- Violating any applicable federal, state, or local law or regulation
- Infringing the intellectual property rights or privacy rights of Caliber or any third party
- Engaging in fraudulent, deceptive, or misleading conduct in violation of the FTC Act
- Uploading or transmitting malicious software, harmful code, or unauthorized data
- Attempting unauthorized access to our systems, servers, databases, or user accounts
- Using our website or services for any unlawful commercial purpose
- Harassing, threatening, or harming other users or our staff
12. Disclaimer of Warranties
Our website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.
13. Limitation of Liability
To the fullest extent permitted by applicable U.S. law, Caliber and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, punitive, or special damages — including loss of profits, data, or goodwill — arising from your use of, or inability to use, our website or products.
Where liability is established, our total aggregate liability to you shall not exceed the amount paid by you for the specific product or service giving rise to the claim.
Nothing in these Terms limits our liability for fraud, personal injury caused by our negligence, or any other liability that cannot be excluded under applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Caliber and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses — including reasonable attorneys' fees — arising out of or related to your use of our website, your violation of these Terms of Service, or your violation of any applicable law or the rights of a third party.
15. Privacy
Your use of our website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, store, and protect your personal information in compliance with U.S. privacy laws, including the CCPA/CPRA, COPPA, and CAN-SPAM Act.
16. Governing Law & Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the State of New Mexico, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or your use of our website shall be subject to the exclusive jurisdiction of the competent federal or state courts located in the United States.
You and Caliber agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claims or disputes.
17. Dispute Resolution
In the event of a dispute, we encourage you to first contact us directly at clientservices@caliberheritage.com so that we may attempt to resolve the matter informally. If we are unable to reach a resolution, either party may pursue their legal remedies as provided under applicable U.S. law.
18. Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
19. Entire Agreement
These Terms of Service, together with our Returns & Refunds Policy and Privacy Policy, constitute the entire agreement between you and Caliber with respect to your use of our website and supersede all prior agreements, representations, and understandings.
Contact Information
If you have any questions regarding these Terms of Service, please contact us:
Caliber – Customer Support
Email: clientservices@caliberheritage.com