Terms of Purchase

Last Updated: 08/27/24

These Terms of Purchase (“Terms of Purchase”) describe the terms and conditions in which Powder Keg, Inc., a Colorado corporation, doing business as Kemo Sabe (“Kemo Sabe”, “we”, “us” or “our”) sells our products (“Products”) through Kemo Sabe-owned stores (each, a “Store”), over the phone and through our website kemosabe.com (“Site”) to you and provide the legal information applicable to the contract formed when you purchase a Product from our Site or Store (an “Order”). PLEASE READ THESE TERMS OF PURCHASE CAREFULLY. BY ACCESSING, USING, OR PURCHASING THROUGH OUR SITE OR STORES, YOU AGREE TO BE BOUND BY THESE TERMS OF PURCHASE WHICH ARE INCORPORATED BY REFERENCE TO OUR TERMS OF USE. Please print a copy of these Terms of Purchase for your records.

Table of Contents

Use the links below to toggle to each section.

1. ORDER
2. AVAILABILITY OF PRODUCTS AND RESTRICTIONS ON SALE
3. OUR CANCELLATION RIGHTS
4. PAYMENT
5. SHIPMENT & PICK UPS
6. REFUNDS; RETURNS; EXCHANGES
7. INELIGIBLE RETURNS
8. LIMITATION OF LIABILITIES
9. OTHER APPLICABLE TERMS
10. REVISIONS OF THIS TERMS OF PURCHASE

 

1. ORDER.
All advertisements, including on the Site, are invitations to purchase and not offers to sell. Kemo Sabe reserves the right, at its sole discretion, to accept or reject any Order once you submit such Order. If you submit an Order through the Site, we will acknowledge and accept the Order by showing you a confirmation page and sending you a confirmation email. If you do not see the confirmation page with the details of your Order and receive a confirmation email with the details of your Order, then we have rejected your Order. For each Order you submit, please carefully review all Product specifications, including size, color, and price, and any shipping costs, delivery fees, or taxes that may apply to your Order, along with these Terms of Purchase. By submitting the Order, you accept these Terms of Purchase and your obligation to pay the total price shown for the corresponding Order. If any Product in your Order becomes unavailable, you will be refunded any respective amount(s) paid via the original payment method.

2. AVAILABILITY OF PRODUCTS AND RESTRICTIONS ON SALE.
All Products purchased through the Site or Stores are subject to availability. While efforts are made to maintain accurate inventory, Products available on the Site may not be available in our Stores, or vice versa. Kemo Sabe reserves the right to cancel Orders when, in Kemo Sabe’s sole discretion, it is necessary. For more information on our right to cancel Orders, please review Our Cancellation Rights section below. If we process the payment for your Order before it is canceled, we will refund the actual amount paid to the original payment method. We make no representations or warranties that any Products displayed on our Site or in our Stores will be available at any time or location.

Products are offered for sale only to end consumers who are of the legal age of majority in their place of residence (for example, 18 years of age or older). We reserve the right to not accept Orders placed by consumers under 18 years of age or persons other than end consumers. We only supply Products for personal use. You agree to not purchase any Product for commercial resale.

3. OUR CANCELLATION RIGHTS.
We expressly reserve the right, at our sole discretion, to limit, reject, restrict, refuse, or cancel any Order placed by you, in whole or in part, at any time, and without notice or liability for any damages or costs other than the repayment of any amount received from you for such Order. Reasons for limiting, rejecting, restricting, refusing, or canceling an Order include without limitation: 

• If we think that you ordered Products to sell them again, skip paying taxes, or for some other illegal or unauthorized purpose;
• If our security systems see suspicious activity about your Order or account, like potential credit card fraud;
• If we think you’re not allowed to make purchases, use a discount, or wrongfully apply a promotion code to your purchase;
• If the Product you want to buy isn’t available, has a wrong price, or is incorrectly described;
• If there was a spelling mistake, wrong price, or some other error with your Order;
• If we can’t get approval for your payment;
• If we can’t verify or there’s something wrong with your address, payment method, or billing info;
• If the Product you ordered might have shipping restrictions;
• If we can’t deliver to the address you gave us;
• If you’re in the middle of a legal fight with us;
• If you’ve broken our rules before, laid out in our Terms of Use, including these Terms of Purchase; or
• If something out of our control happens (See Force Majeure section in our Terms of Use).

 

4. PAYMENT.
You agree to be bound by the payment and billing terms and conditions found in Section 3 of our Terms of Use. If the Product you purchased goes on sale within seven days of your Order, Kemo Sabe will honor the sale price and refund you the difference between the purchase price and the sale price.

5. SHIPMENT & PICK UPS.
We proudly ship throughout North America! If you purchase Products on our Site or make delivery arrangements through our customer service team, then your Order will be shipped to the delivery address specified by you during the Order process. If an unforeseen circumstance, such as a Force Majeure event—as described in our Terms of Use—prevents us from meeting the estimated delivery date, the shipping provider may contact you with a revised estimated delivery date. Delivery is completed when the Product is delivered to the address submitted in your Order, at which time the Product becomes your responsibility. If you do not receive your Product, please reach out to our customer service team via email at websales@kemosabe.com with your Order number and details of the issue and we will try to work towards a resolution with you. DELIVERY FEES AND, IF SELECTED, ANY EXPEDITED SHIPPING FEES ARE NON-REFUNDABLE.
 
For international shipping please see shipping capabilities upon checkout for your order or contact us directly for a shipping quote. International customers are responsible for the cost of duties and taxes upon receiving the package. You can reach us by phone at +1 (970) 925-7878 or by email at websales@kemosabe.com.

6. REFUNDS; RETURNS; EXCHANGES. 

Eligible Products. All Products eligible for a return or exchange, including Orders containing the wrong size, must be never worn and returned in the original packaging within 30 days of your Order. If a Product is returned or exchanged to us via shipment, the Product must be shipped within 30 days from the date of your Order. We may ask for proof of the date the Product was shipped; we recommend you keep your shipping receipt. 

Store & Site Returns. If the Product is eligible for a return, we will refund the original payment method for the purchase price of the eligible Product (less any shipping charges) within 10 business days from the date we receive the Product. You will be responsible for any charges to send the eligible Product back to us. You may also return eligible Products to our Stores. To start a return, please email websales@kemosabe.com and we will assist you with your return. 

Exchanges.

Store Order. All Products Ordered in one of our Stores should be shipped to the Store the Order was placed in and addressed to the sales wrangler that assisted you with that Order. To find the address of the Store, please click here. Be sure to include your contact information, address, and a brief description of the exchange you would like to process. Your sales wrangler will give you a call and assist you in getting the correct Product. You will be responsible for any charges to send the eligible Product back to us.

Site Order. If the Product is eligible for an exchange, please fill out this form and ship the eligible Product back to the address below. For an exchange for an Order placed on the Site that is shipped within the continental United States, we may provide a complimentary return label. If you would like to request a complimentary return label, please email us at websales@kemosabe.com or call us at +1 (970) 925-7878. All exchanges outside the continental United States are not eligible to receive a complimentary return label. 

Return Products Ordered through the Site to: Kemo Sabe, ATTN: Web, 268 Main St, P.O Box 3223, Park City, UT 84060

7. INELIGIBLE RETURNS OR EXCHANGES. 
We do not accept any worn, as determined by Kemo Sabe in its sole discretion, or personalized items. Worn or personalized Products are not eligible for a refund.

For custom Products (hats, boots, buckles, jewelry, etc.), including personalized or branded Products, that are designed with our expert sales wranglers, we do not accept any returns or allow such Products to be exchanged for any other Product(s).

Final sale Products are items we are no longer carrying in our Stores or on the Site and are the very last of the batch. If an item is on final sale, it will say so in the Product description or on the receipt you received from the Store. All final sale Products are not eligible for exchange or return.

8. LIMITATION OF LIABILITIES. 
IN ADDITION TO SECTION 8 OF THE TERMS OF USE INCORPORATED HEREIN, THESE TERMS OF PURCHASE INCLUDE THE ENTIRE SCOPE OF OUR AGREEMENT AND UNDERSTANDING CONCERNING ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, AND ACCESS OR USE OF KEMO SABE STORES. TO THE EXTENT PERMISSIBLE BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER ON ALL CLAIMS UNDER THESE TERMS FOR ANY ORDER OR CLAIM THAT ARISES OR RELATES TO THESE TERMS OF PURCHASE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, IS LIMITED TO THE SHALL BE LIMITED TO THE SUM PAID TO KEMO SABE FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT ORDER.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT KEMO SABE’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

Some of the above exclusions and limitations do not apply in certain jurisdictions in the United States under applicable consumer protection laws.

9. OTHER APPLICABLE TERMS. 
In addition to these Terms of Purchase, the terms and conditions set forth in the Terms of Use apply unless otherwise stated herein.

10. REVISIONS OF THIS TERMS OF PURCHASE. 
We may revise these Terms of Purchase from time to time. Every time you place an Order, the Terms of Purchase in force at that time will apply to your Order. Whenever we revise these Terms of Purchase, we will notify you by indicating the most recent date of updates at the top of the Terms of Purchase page.