Website Terms of Use

These Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of law principles. Any dispute, controversy or claim arising out of or relating to your use of the Site or these Terms, or the breach, termination or validity thereof, shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) and the applicable AAA Consumer Arbitration Rules then in effect shall apply. Binding arbitration is an alternative to a trial by jury. You and Company agree to waive the right to a jury trial and instead participate in final and binding arbitration. AAA will decide which of its rules are applicable to the dispute submitted to arbitration. For clarity, if you initiate arbitration, the applicable AAA rules will govern the payment of fees unless applicable law requires a different allocation of fees in order for this arbitration provision to be enforceable. The arbitration shall be conducted by a single arbitrator who is a retired judge in the United States county or judicial district, and who shall be located at or near the location where the arbitration will take place. The arbitration will be conducted at a location that is reasonably convenient for you. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, specific performance, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process; provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. The arbitrator’s award shall be final and binding on the parties and may be confirmed and enforced in any court of competent jurisdiction. The parties agree that the arbitration shall be confidential and that the existence and content of the arbitration proceedings and any documents or materials exchanged or produced in connection with them shall not be disclosed to any third party without the prior written consent of both parties, except as may be required by law or for the purpose of enforcing or challenging the arbitrator’s award. The award of the arbitrator may require payment of the costs, fees, and/or expenses incurred by the prevailing party consistent with applicable law and the applicable AAA rules. The provisions of Fed. R. Civ. P. 68 may be applied by the arbitrator. The arbitrator shall be bound by these Terms as a court would and shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. You may opt out of binding arbitration in accordance with this section by contacting us using the contact information in these Terms.

YOU AGREE THAT YOU BRING CLAIMS AGAINST COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. FURTHER, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN YOU AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND COMPANY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US TO THE FULLEST EXTENT PERMITTED BY LAW. In no event shall any claim, action or proceeding by you related in any way to these Terms be instituted more than one (1) year after the cause of action arose to the fullest extent permitted by law. It is agreed that the language in this section of the Terms shall be interpreted as to its fair meaning and not strictly for or against any party.

Content on this Site that is provided by Company or its licensors, including certain graphics, photographs, images, screen shots, text, articles, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Company Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensor’s property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Company Content or third-party content that appears on this Site.

The following requirements apply to your use the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

You shall not make use of any data extraction, scraping, mining or other data gathering tools; systematically download or store Site content; or otherwise scrape, collect, store or use any Company Content, Site information, displayed work, linked materials, references, descriptions, or images.

Company assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site. Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any such user content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.

You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your personnel or dependents, or which arises from any content you submitted or otherwise provided to Company or this Site.

Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.

If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable form. It is your responsibility to maintain the currency, completeness, and accuracy of your data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

If you wish to purchase any product or offering made available through the Site, you will be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Domestic Shipping
What are the charges for shipping inside of the US?

Shipping costs for US orders vary based on content and the destination. To determine available shipping options and costs, please add all desired items to your shopping cart and proceed to checkout. You will not be required to enter any credit card information until after the shipping method is selected.

Please note that weight, dimension, and size may affect the total shipping cost on some items. A tracking number is available for all U.S. shipments. The quoted delivery time for each shipping method is an estimate.

International Shipping (Including Canada)
What are your international shipping charges?

Shipping costs for international orders vary based on content and the destination country. To calculate your shipping charge, please add all desired items to your shopping cart and proceed to checkout. You are not required to enter any credit card information until after the shipping method is selected.

Please note that weight, dimension, and size may affect the total shipping cost on some items.

International orders ship via one of the following shipping methods*:

International Standard (8-24 business days)

International Expedited (6-14 business days)

International Rapid (4-5 business days)

Please note, a tracking number is only available for International Rapid deliveries.

International Standard orders are tendered to your local post office for final delivery. Please contact customs or your local postal service if your order is delayed, as it may have been held for inspection or duties/taxes. This is applicable to all international shipping methods.

Due to international shipping laws/restrictions, we are not able to ship lighters (other flammable items) and food products internationally.

We do not accept COD.

*The delivery time for each shipping method is estimated.

How do I return or exchange an item?

Is there a deadline for returning something for a refund or exchange?

We will accept any unwashed/unworn merchandise items for return or exchange within 30 days of purchase (within 45 days of purchase for shipments outside of the United States). The return date will be determined by the postmark on the returned package.

Where should I send items I am returning or exchanging?

Your package should be addressed to:

ATTN: Returns Department

5400 Three Notched Road

Crozet, VA 22932-3105

I want to return or exchange something that was a gift, can I do that?

We accept returns on orders that were purchased as a gift. Please note that a refund or any financial adjustment made on the order will be applied to the original form of payment only. If you are not the purchaser, the refund will be issued in the form of a Gift Certificate. If you are not the original customer, please include their name and zip code to help expedite the process.

What is not refundable?

The following items or situations are not eligible for a refund or exchange: Wearable items that are washed or worn, undergarments, open media, downloads, as well as perishable goods.

What form will my refund take?

All refunds will be credited to the original payment source. If the original payment source is unavailable we reserve the right to issue an electronic gift certificate and transmit it to the email address provided when the order was placed, or to issue a refund check to be mailed to the billing address provided on the order. Shipping and handling charges are non-refundable except in the case of a manufacturer’s defect.

Who pays for postage?

If you are returning damaged or defective merchandise we will pay the cost of return shipping if you use the postage pre-paid return label on the front of this form. International returns cannot use the prepaid label. If you are returning an internationally shipped order, please include your shipping receipt. Please contact customer service for shipping reimbursement information based on your purchase. If we determine at our sole discretion that the merchandise you return is not eligible for return or exchange you authorize us to charge your original payment source the applicable return shipping charge.

Are there requirements for how my return/exchange needs to be shipped back to you?

For any returned merchandise valued in excess of $100.00 you must send the merchandise using a traceable and insured ship method. For your convenience you may arrange with our customer service center for a call tag to be sent to you for use in shipping the package via United Parcel Service (UPS), with the cost to be deducted from your refund. All other items can be sent by a method of your choice.

What if my return is lost in the mail?

We do not issue refunds for items not received by our returns department and recommend you use a traceable ship method to ensure successful delivery.

Company makes no representations about the reliability of the features of this Site, the Company Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Company Content will be preserved.

The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email and other submissions over the Internet may not be secure, and you should consider this before emailing Company any information or submitting information to the Site. Company makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

ANY SERVICES AND/OR OFFERINGS DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

This Site may hyperlink to other third-party services, websites, applications, software, and other content from third-party providers such as content providers, publications, social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). Third-Party Services are not maintained by or related to Company. Hyperlinks are provided as a service to users and are not affiliated with, endorsed, or sponsored by this Site or Company. Company makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services, and is not responsible for intellectual property rights related to content that links to or is originally hosted on Third-Party Services. Company is not responsible for the availability of such Third-Party Services, does not endorse and is not endorsed by/implying endorsement or affiliation with such Third-Party Services, nor is Company responsible or liable for any content or other materials on or available from such Third-Party Services, including without limitation any linked publications or websites. Your use of the Third-Party Services may be subject to additional terms, including the software or intellectual property license terms, of those third parties.

Information you submit through a Third-Party Service is subject to the terms of that Third-Party Service’s privacy policy, and Company has no control over how your information is collected, used, or otherwise handled. Users who utilize Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Company is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the binding arbitration process set forth herein.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms. If Company fails to act with respect to your breach or anyone else’s breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and Company, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Company regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

If you have general questions, click here to contact us.

For privacy-related inquiries, please email us at privacy@PrimaryWave.com

For questions and customer service inquiries related to a product purchase, contact the Customer Care team at orders @MTStoreSupport.com

When contacting our Customer Care team, please include the following information:

• Your name
• Your order number (if you have one)
• A description of your issue
• Your desired resolution

The PW Privacy Policy governs the use of personal information, and is incorporated herein by reference. The Privacy Policy is available HERE.