1. General Conditions

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1.1 Scope of Service

 

The Overstocked Factory is an e-commerce platform specializing in the buying and selling of overstock professional and college sports apparel, including jerseys, hats, t-shirts, and other related merchandise. All products are offered on an "as-is" and "as-available" basis.

 

1.2 Eligibility

 

By using the Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

1.3 Account Responsibility

 

If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

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2. Product and Sales Terms

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2.1 Product Descriptions

 

We endeavor to be as accurate as possible in the descriptions of products available for sale on the Site. However, as our inventory consists of overstock and closeout items, we do not warrant that product descriptions, colors, sizing, or other content of the Site are wholly accurate, complete, reliable, current, or error-free. All products are sold final sale unless otherwise stated or required by law.

 

2.2 Pricing

 

All prices are subject to change without notice. We reserve the right to modify or discontinue a product without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of a product. In the event a product is listed at an incorrect price due to a typographical error or error in pricing information, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price.

 

2.3 Order Acceptance and Cancellation

 

Your receipt of an electronic or other form of order confirmation does not signify our final acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may also require additional verifications or information before accepting any order. We reserve the right to cancel an order after acceptance if, for example, the product is out of stock or there are issues with payment.

 

 

3. Shipping, Returns, and Exchanges

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3.1 Shipping

 

The Overstocked Factory is not responsible for any shipping delays, lost packages, or items damaged during transit. Once an item is handed over to the shipping carrier, the risk of loss and title for all products purchased passes to you.

 

3.2 Returns and Exchanges

 

Due to the nature of our business dealing in overstock and closeout apparel, all sales are considered final. We do not generally offer returns or exchanges except:

• If an item is found to be significantly not as described in the product listing.

• As required by applicable consumer protection laws.

Any claim for a significant discrepancy must be made within seven (7) days of delivery.

 

 

4. Intellectual Property Rights

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4.1 Trademarks and Logos

 

All sports team names, logos, league emblems, and product branding displayed on the Site are the trademarks or registered trademarks of their respective owners (e.g., leagues, teams, and manufacturers). The Overstocked Factory is a reseller of overstock merchandise and is not affiliated with or endorsed by any professional or collegiate sports league, team, or the original manufacturer of the goods displayed, unless otherwise explicitly stated.

 

4.2 Site Content

 

The content, features, and functionality of the Site (including text, graphics, logos, and images) are the exclusive property of The Overstocked Factory and are protected by copyright, trademark, and other intellectual property laws.

 

 

5. Disclaimers and Limitation of Liability

 

5.1 Disclaimer of Warranties

 

The Site and all products purchased through it are provided "as is" and "as available" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose.

 

5.2 Limitation of Liability

 

In no event shall The Overstocked Factory, its directors, officers, employees, or affiliates be liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Site or any products procured using the Site, or for any other claim related in any way to your use of the service or any product. Our total liability to you for any claim arising out of or relating to these Terms or the Site shall not exceed the amount paid by you to us for the product or service in question.

 

6. Governing Law and Dispute Resolution

 

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions.

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by The Overstocked Factory will be resolved by binding arbitration, rather than in court.

 

7. Changes to Terms and Conditions

 

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.