Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to BLACK IMPACT. The terms “we,” “us,” and “our” refer to BLACK IMPACT. BLACK IMPACT operates this store and website, including all related information, content, features, tools, products, and services in order to provide you with a curated shopping experience (the “Services”). BLACK IMPACT is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with the policies referenced in these Terms, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They include important information about your legal rights, warranty disclaimers, limitations of liability, orders, cancellations, returns, and shipping.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy:

https://blackimpactgolf.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, complete, and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate product descriptions, specifications, images, and other product information. Colors and product appearance may vary depending on your device, screen, and settings.

Product descriptions, specifications, pricing, availability, and appearance may change at any time without notice. We reserve the right to discontinue products or limit quantities available to any person, geographic region, or jurisdiction.

BLACK IMPACT golf shafts are precision components. Installation, trimming, and modification should be performed by a qualified golf club technician.

SECTION 3 - ORDERS, PREORDERS, CANCELLATIONS, AND RETURNS

When you place an order, you are making an offer to purchase. BLACK IMPACT reserves the right to accept, decline, modify, or cancel an order at its discretion. An order is not accepted until BLACK IMPACT confirms acceptance.

Full payment is collected when a preorder is placed at checkout. Paid preorders may be canceled at any time before shipment. Approved pre-shipment cancellations receive a full refund to the original payment method.

Once an order has shipped, it cannot be canceled and becomes subject to our Refund & Return Policy.

All returns are governed by our Refund & Return Policy:

https://blackimpactgolf.com/policies/refund-policy

Standard returns may be requested within 30 calendar days after delivery. Eligible standard returns are subject to a 2% restocking fee, and the customer is responsible for return shipping. We do not offer exchanges.

The product must be unused, uncut, uninstalled, unmodified, undamaged, and returned with its original packaging and included materials.

The BLACK IMPACT Limited Warranty lasts for one year beginning on the original delivery date. Warranty claims are subject to individual review and the applicable warranty terms.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged for a product will be the price displayed when the order is placed and will appear in your order confirmation.

Unless stated otherwise, prices may exclude applicable taxes and any optional or nonstandard shipping charges shown at checkout.

You agree to provide accurate and complete billing, payment, and account information. You authorize us to charge the payment method provided for all approved purchases and applicable charges.

SECTION 5 - SHIPPING AND DELIVERY

BLACK IMPACT currently ships only to the contiguous 48 states of the United States. We do not currently ship to Alaska, Hawaii, U.S. territories, or international destinations.

Standard orders are generally processed within 1 to 2 business days. Custom build or adapter assembly orders may require an additional 2 to 3 business days.

Preorders are expected to ship within 8 to 12 weeks after full payment is completed at checkout. This is an estimated shipping window and is not a guaranteed delivery date.

Orders are not dispatched on weekends or major public holidays.

Delivery times are estimates only. BLACK IMPACT is not responsible for delays caused by carriers, weather, address problems, or other events outside our reasonable control.

Standard outbound shipping for accepted orders is covered by BLACK IMPACT. Optional expedited or nonstandard shipping charges, if applicable, are the customer’s responsibility.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and their content, including trademarks, logos, text, graphics, product photography, videos, audio, designs, digital assets, and user interface elements, are owned by BLACK IMPACT, its affiliates, licensors, or service providers and are protected by applicable intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit material from the Services without prior written permission.

BLACK IMPACT names, logos, product names, designs, and slogans are trademarks of BLACK IMPACT or its licensors. Shopify names, logos, and marks belong to Shopify. Other marks belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor, control, or operate.

Third-party tools are provided “as is” and “as available,” without warranties or endorsements. Your use of optional third-party tools is at your own risk and is subject to the terms provided by the relevant third-party provider.

Future features, tools, or resources added to the Services will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites or services. BLACK IMPACT is not responsible for the content, accuracy, privacy practices, security, or availability of third-party websites.

If you access a third-party website, you do so at your own risk. Complaints or questions about third-party products or services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

BLACK IMPACT is powered by Shopify, which enables us to provide the Services. However, purchases made through this store are transactions between you and BLACK IMPACT.

Shopify is not responsible for the products, orders, shipping, returns, refunds, warranties, or other aspects of transactions between you and BLACK IMPACT, except as required by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled according to our Privacy Policy:

https://blackimpactgolf.com/policies/privacy-policy

Shopify also processes certain personal information in connection with hosting, operating, securing, and improving the Services. Shopify’s privacy practices are described here:

https://www.shopify.com/legal/privacy/app-users

By using the Services, you acknowledge that you have reviewed these privacy policies.

SECTION 11 - FEEDBACK

If you submit feedback, reviews, suggestions, ideas, proposals, or other content, you grant BLACK IMPACT a worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use that content for business and promotional purposes.

You represent that you own or have the necessary rights to submit the content and that it does not violate the rights of any third party.

BLACK IMPACT may remove content that is unlawful, offensive, defamatory, infringing, or otherwise inappropriate.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, availability, or other information.

BLACK IMPACT reserves the right to correct errors, update information, change or cancel orders, or revise information at any time without prior notice, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services:

(a) for unlawful, fraudulent, malicious, or harmful purposes;

(b) to violate applicable laws or regulations;

(c) to infringe intellectual property, privacy, or other rights;

(d) to submit false, misleading, abusive, defamatory, or unlawful information;

(e) to transmit viruses, malware, or other harmful code;

(f) to spam, phish, scrape, or collect personal information without authorization;

(g) to reproduce, copy, resell, or exploit any part of the Services without permission;

(h) to impersonate another person or entity;

(i) to interfere with the operation, security, or availability of the Services; or

(j) to bypass security, authorization, or access-control measures.

We may suspend or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use or deploy an automated or semi-automated agent to access, use, or interact with the Services.

Agents must identify themselves accurately, must not disguise automated access as human activity, must not bypass CAPTCHAs or other access controls, and must comply with applicable instructions and restrictions communicated by BLACK IMPACT.

BLACK IMPACT may limit or block automated access to the Services through technical or other measures.

SECTION 15 - TERMINATION

We may terminate or restrict access to the Services at any time if permitted by applicable law. You remain responsible for obligations incurred before termination.

The provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability, governing law, privacy, and any provisions that should reasonably survive termination will remain effective after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The Services and products are provided on an “as is” and “as available” basis, except as expressly stated by BLACK IMPACT or required by applicable law.

To the fullest extent permitted by law, BLACK IMPACT disclaims implied warranties and conditions, including merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that the Services will always be uninterrupted, timely, secure, accurate, or error-free.

Nothing in these Terms limits rights or warranties that cannot legally be excluded or limited.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, BLACK IMPACT, its partners, officers, directors, employees, affiliates, contractors, licensors, service providers, and Shopify will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the Services or products purchased through the Services.

This limitation does not apply where prohibited by applicable law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless BLACK IMPACT, Shopify, and their affiliates, partners, officers, directors, employees, contractors, licensors, and service providers from claims, losses, liabilities, damages, and reasonable expenses arising from:

(1) your breach of these Terms;

(2) your violation of applicable law or a third party’s rights; or

(3) your misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain effective.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not waive that right or provision.

These Terms, together with the policies referenced in them, constitute the entire agreement between you and BLACK IMPACT concerning your use of the Services.

SECTION 21 - ASSIGNMENT

You may not transfer or assign these Terms or your rights and obligations under them without our prior written consent.

BLACK IMPACT may transfer or assign these Terms and its rights and obligations as permitted by law.

SECTION 22 - GOVERNING LAW

These Terms are governed by the applicable laws governing BLACK IMPACT’s operations, without limiting any mandatory consumer-protection rights that apply to you in your place of residence.

SECTION 23 - HEADINGS

Section headings are provided for convenience only and do not limit or change the meaning of these Terms.

SECTION 24 - CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

BLACK IMPACT may update, change, or replace any part of these Terms by posting a revised version on the website. Material changes will be handled as required by applicable law.

Your continued use of the Services after revised Terms are posted constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms should be sent to BLACK IMPACT through the Contact page or at:

toronto.ccha.510@gmail.com