Terms of Sale

Effective Date: August 3, 2008

Thank you for your interest in making a purchase on Overtons.com (our "Site"). These Terms of Sale (“Terms of Sale”) govern your purchases on our Site. This Site is owned and operated by Gander Direct Marketing Services LLC (“Overton’s,” “we,” “us,” and “our.”). The terms “you” and “your,” when used in these Terms of Sale, mean any user of this Site.

GENERAL

We do not sell products to persons under the age of 18. If you are under the age of 18, you may only purchase products on our Site with authority given by either a parent or guardian.

You acknowledge that any use of the Site is subject to our Terms and Conditions and all applicable laws. These Terms of Sale are expressly incorporated into the Terms and Conditions for the Site. In addition, any personal information you provide to us will be subject to our Privacy Policy. Before using our Site, please read through all of these documents carefully.

YOUR ORDER

Every order that you place on our Site will be subject to acceptance in accordance with these Terms of Sale. The final details of your order will be listed at the end of the checkout process. Following completion of the checkout process, we will send you an email confirming receipt of your order, detailing the products you have ordered with an order number, and setting forth the shipping address and delivery method for your order. This email is not an order acceptance from us, and your order will not be completed and accepted until we notify you that it has been shipped. Please inform us immediately if there are any errors in your order.

Once we have processed your order, we will send you another email confirming that your order has been shipped (the "Shipping Notification"). You should save the Shipping Notification for your own records. The Shipping Notification will be deemed to be completion of your purchase contract. Any products on the same order which we have not confirmed in the Shipping Notification will not form part of that contract. Completion of the contract will also not take place where we have notified you that we cannot accept your order. If your order is shipped via UPS, we will send you a UPS tracking number in the Shipping Notification so you can track your purchase.

We reserve the right to cancel any order and/or prevent access to the Site at any time, with or without cause.

PAYMENT

We will take payment from your credit card when we ship your order. If we are unable to supply the product that you have ordered, we will contact you by e-mail or phone, and your credit card will not be charged if the order has not shipped.

MISPRINTS, PRICING

We are very careful at Overton’s, but sometimes errors occur. All errors are subject to our correction. We reserve the right to change prices and specifications without notice. The price that you pay for any product on our Site will be the price that is displayed on the Site at the final page in the checkout process. Note that the price for an item may change from when you first placed it in the shopping cart. Placing an item in your shopping cart does not reserve the price shown at that time. We cannot confirm the price of a product until you have placed the order and reached the 'confirmed purchase' stage.

Any discounts we offer are time limited and are dependent on product availability. Accordingly, the price of our products may change from time to time.

SHIPPING POLICIES AND DELIVERY

Shipping and Handling. Shipping and handling charges listed on Site apply to the contiguous US only. Overton’s reserves the right to limit quantities and / or charge actual shipping charges on bulk orders. Alaska, Hawaii, Puerto Rico, Guam, Virgin Islands and APO/FPO require a special handling fee of $10 plus actual shipping charges based on the weight and dimensions of the package(s).

RETURN POLICY

At Overton’s, we take pride in our products and want you to be completely satisfied. If you are not completely satisfied for any reason, please return the unopened and unused merchandise within one year for a full refund or exchange. Defective or used merchandise must be returned within 30 days for a refund or exchange; these items will be inspected and a handling fee of up to 20% may be applied. A refund less shipping and handling will be applied to the original form of payment, or an exchange item will be sent promptly if requested. When returning apparel, make sure it is in new, unworn condition, in the original package with all liners and tags attached. To return the merchandise, simply fill out the return information on the back of the packing slip and send it with the merchandise to:

Overton’s Distribution Center/Returns
5398 Martin Luther King, Jr. Highway
Greenville NC 27834

Please indicate the reason for return and the action to be taken (exchange/refund). For your protection please insure your package for its full value. Unfortunately we cannot accept parcels sent freight collect or COD. Refused shipments are subject to a 20% restocking fee, and original shipping and handling will not be refunded on refusals.

If your item arrives damaged, please keep all boxes and packing materials and immediately contact Customer Service at 800-334-6541 for further instructions.

All special orders are nonreturnable and nonrefundable.

LOW PRICE GUARANTEE

You won’t pay less anywhere else. We guarantee it!

Catalog or Web purchase only: We will match any direct competitor’s printed catalog price within 30 days of your purchase! This offer applies to all in stock, regular priced merchandise. This offer excludes special orders, advertised specials, misprints, and closeouts. We reserve the right to not sell any product below our cost. Just mention where you saw the lower price and your representative will match the price at the time of the order, or credit you for the difference on your previous purchase. For questions or details, call Customer Service at 1-800-334-6541.

LIMITATION OF LIABILITY

Our liability will be limited as set forth in the Terms and Conditions. Nothing in these Terms of Sale limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Sale or the Terms and Conditions may not apply to you.

WARRANTIES AND DISCLAIMERS

Products sold by Overton’s may be covered by manufacturers’ warranties. Where applicable, warranty information should be included with your product. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BREACH OF A WARRANTY, IF ANY, IS LIMITED, IN OVERTON’S DISCRETION, TO REPAIR OR REPLACEMENT OR RETURN OF THE PURCHASE PRICE OF A PRODUCT AS DESCRIBED IN THESE TERMS OF SALE, AND ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED. If you experience any product defects outside of our return period, please contact the product’s manufacturer. If you have any questions, please call us at 1-800-334-6541.

ASSIGNMENT

These Terms of Sale are personal to you and you may not assign or otherwise transfer any right or obligation under these Terms of Sale except as permitted herein. We reserve the right to transfer, assign, license or subcontract all or any of our rights or obligations under these Terms of Sale or any related contract to any third party.

FORCE MAJEURE

We will not have any liability to you or be deemed to be in breach of these Terms of Sale from any circumstances which are beyond our reasonable control (including a delay in delivery caused by force majeure). “Force majeure” includes, without limitation, circumstances directly or indirectly resulting from acts of God; acts of the public enemy; strikes; lockouts; epidemic and riots; power failure; fire; earthquake; water shortage or adverse weather conditions; or other causes beyond the control of the Parties.

AMENDMENTS

We reserve the right to make changes to these Terms of Sale at any time. You will be subject to the Terms of Sale in force at the time you place your order with us, unless any change to these Terms of Sale is required to be made by law (in which case it will apply to any orders previously placed by you).

CONTACT US

If you have any questions about these Terms of Sale or any other matter, please contact our Customer Service Department at 1-800-334-6541 or service@overtons.com.