Who Are We:
This website is owned and operated by Spiritwind Companies LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors a selection of general merchandise, both new and gently pre-owned. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Use of Site:
In order to use our website and/or receive our products and services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive our products and services if doing so is prohibited in your country or under any law or regulation applicable to you.
Despite our best efforts, information on this site may contain typos or inaccuracies. Information, including item pricing and availability, may be changed or updated without notice. Spiritwind Companies LLC reserves the right to refuse service, terminate accounts, and/or cancel orders at it’s discretion.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Payment:
When buying a product or service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for receiving our products and services are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
We accept all major credit cards and e-checks through Stripe Merchant Services. The name on your credit card statement will be Spiritwind Companies LLC.
Processing Time:
Depending on our current workload, it may take up to 3 business days (Monday-Friday) before your order ships. If there will be any delay in shipping your order, you will receive an email letting you know when your package will ship.
Shipping:
We offer shipping to all domestic U.S. zip codes, including APO/FPO addresses, through the United States Postal Service and UPS. The name on your package will be Spiritwind Companies LLC. We currently do not ship to international addresses.
Return Policy:
Unless otherwise noted on individual item listings, returns are accepted within 30 days of delivery date. If you believe that you have received a damaged or defective item, please contact us immediately so that we may resolve the issue. We want you to be pleased with your purchase, and we will work with you to achieve satisfaction.
In order to return an item, you must first contact us for return authorization so that we know the item is coming back to us. The Buyer is responsible for return shipping costs and making sure that the item is returned in the same condition in which it was received.
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
The following items are not eligible for a refund: Initial shipping costs and digital products including ebooks and audio files. Please read product descriptions closely for other items not eligible for a refund.
Intellectual Property:
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Spiritwind Companies LLC.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Sales Tax:
All orders with a delivery address within the state of New Mexico will be charged 6.25% receipts tax.
Indemnification and Limitation of Liability:
You agree to indemnify and hold Spiritwind Companies LLC, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
To the maximum extent permitted by applicable law, in no event shall Spiritwind Companies LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Spiritwind Companies LLC, assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to Modify these Terms and Conditions:
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Miscellaneous:
Void where prohibited. Although the information on this website is available worldwide, not all items on this site are available to all persons, or in all geographic locations. Spiritwind Companies LLC reserves the right to limit the provision of their items to any person or geographic area they so desire, and to limit the quantities of any item that they provide.
Jurisdiction and Dispute Resolution:
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of New Mexico, U.S.A. without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Alamogordo, NM, Otero County. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.