Last Updated 17 March 2025

Product Terms of Sale

Applicability

These terms and conditions of sale (“Terms”) are the only terms which govern the sale and purchase of products (“Product”) by 38 Sierra LLC (“Seller” OR “38S”) to you (“Buyer”). These Terms apply to direct purchases made by phone, internet, and/or facsimile, unless otherwise agreed between the parties. By placing your order for Product, you accept and are bound to the Terms. If you have placed an order but do not wish to be subject to these Terms, you must promptly cancel your order before it enters production and becomes non-cancelable, or return your purchase in accordance with our Return Policy.

Payment Terms

Terms of payment are within Seller’s sole discretion and unless otherwise agreed to by Seller, payment must be received by Seller prior to Seller’s acceptance of an order. Payment for the Product(s) will be made exclusively by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Seller. Invoices are due and payable within the time period noted on Buyer’s invoice, measured from the date of the invoice. Seller may invoice parts of an order separately. Buyer’s order is subject to cancellation by Seller, in Seller’s sole discretion. Seller is not responsible for pricing, typographical, or other errors in any offer by Seller and reserves the right to cancel any orders arising from such errors. Invoices, if applicable, must be paid within 30 days of the invoice date.

Sales Tax

We are required by law to collect tax in all 50 states where sales tax is collected and 38S does business. All tax rates are based on local and state regulations and are determined by the ship from and ship to address provided during checkout. All funds collected as a result are submitted to a specific government agency. For our tax-exempt customers, state laws require us to have your signed tax exemption or resale certificate on file at our offices. We are required to charge you sales tax if we do not have this documentation.

Product Information And Orders

38S has taken reasonable efforts to ensure that the information contained in the Website is accurate; however, all information is provided "as is" without any express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. In addition, by using the Website and viewing the content on the site, including but not limited to instructional articles and videos, you understand and agree that all training aids are potentially dangerous if handled, displayed or stored improperly and can pose risks and hazards to yourself and others, which may result in property damage, serious injury or death. Any advice, guidance or other information provided on the Website cannot completely anticipate your situation and shall not create any warranty not expressly made herein, regardless of any omission or inaccuracy of information contained on the Websites.

All orders placed through the Website are subject to 38S’s acceptance. This means that 38S may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later canceled, 38S will issue you a refund.

Changed Or Discontinued Product

Seller may revise and discontinue Product at any time without notice to Buyer. In the event Seller has discontinued Product ordered by Buyer, Seller will notify Buyer and offer a comparable Product, if one is available.

Limitation Of Liability

SELLER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY.  YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, SELLER IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

Not For Resale Or Export

Buyer agrees to comply with all applicable laws and regulations of the various states and of the United States. Buyer agrees and represents they are buying for their own internal use only, and not for resale or export. Product, which may include technology and software, is subject to U.S. export laws as well as the laws of the country where it is delivered or used. Product may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses. Products displayed on the Website can be delivered only in accordance with United States export laws and regulations. By placing your order with us, you are representing to us that you will comply with all applicable laws and that you are of legal age and, furthermore, you agree to hold us harmless from your failure to comply with these requirements.

Shipping

Our standard order processing time is 48-72 hours. Our order processing time does not include shipping time. Order shipping times are in addition to our order processing time. All shipping options and times listed and/or selected at checkout (Priority Mail 1-Day, 3-Day, 1-5 Business Days, etc.) indicate the estimated shipping time ONLY and do not include nor change our processing time. Orders placed Friday-Sunday are shipped the following Monday unless it is a federal holiday, in which case shipping occurs the following business day.

You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours. If you don't receive the confirmation email, you may have input your email incorrectly.

Shipments with insufficient address information returned to 38S will be canceled and refunded to the original payment method used at the time of purchase, less the shipping charges incurred by 38S.

Shipping And Handling Rates

Shipping charges are calculated and displayed at checkout. Actual shipping charges are frequently updated by the selected carrier from the initial online estimates, we reserve the right to charge for any additional shipping costs incurred at the time of shipment.

Damaged, Lost, Or Stolen Products

Once orders are delivered to the selected carrier, 38S is not liable for any products damaged, lost or stolen during shipment. Contact the carrier to file a claim for all damaged, lost, or stolen products. Please note that shipment carriers require all packaging materials and damaged goods when filing a claim.

International Shipping Policy

Please note international shipment rates are expensive and require additional transit time for delivery.

38S is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (duties, taxes, tariffs, import fees, etc.).

APO/FPO/DPO Shipping Policy

Please note shipments to APO/FPO/DPO addresses require additional transit time and carriers do not offer sufficient traceability of packages.

Cancellations / Returns / Exchanges

Product Order Cancellations

You may cancel your order, for any reason, and receive a full refund provided your order has not been shipped. Please note that a small percentage of orders cannot be stopped from shipping out of our warehouse even though they may not have physically left the premises. In these rare instances, the customer will be responsible for whatever shipping charges are incurred.

Contact Us with your Name, Order Number, and the Items you are requesting for Cancellation to begin the process. Approved product cancellations will be refunded to the original payment method used at the time of purchase.

Product Order Returns

Product returns/refunds are subject to the following Terms and Conditions:

  • Product returns must include all original packaging, instructions, manuals, accessories, documentation, product registration, and the original purchase receipt;

  • Product returns cannot have been worn, used, or altered;

  • Product returns will not be accepted on closeout items, items marked “Final Sale” and/or promotional items (e.g., free gifts-with-purchase, buy-one-get-one-free items, etc.);

  • Product returns must be requested within 30 days of the date of purchase;

  • Product returns including the original, sealed packaging can be returned subject to a 15% restocking fee. Product returns with opened or damaged original packaging can be returned subject to a 25% restocking fee (restocking fees do not apply to products originally packaged in clear poly bags);

  • Shipping charges and/or shipping costs are not the responsibility of 38S and will not be included within refunded amounts. 38S is not responsible for any product return/exchange packages that are lost in transit. We recommend customers utilize a shipping carrier that offers shipment tracking numbers and full value insurance on product returns/exchanges;

    Contact Us with your Name, Order Number, and the Items you are requesting for Cancellation to begin the process. Approved product cancellations will be refunded to the original payment method used at the time of purchase.

Product Order Exchanges

Product exchanges are subject to the following Terms and Conditions:

  • Product exchanges are only available for sizes and colorways of the same item/product;

  • Product exchanges must include all original packaging, instructions, manuals, accessories, documentation, product registration, and the original purchase receipt;

  • Product exchanges are subject to item(s)/product(s) that are in stock at the time of exchange. 38S does not guarantee that all sizes, colorways, and item configurations will be in stock and available for exchange at the time exchange requests are received and approved/processed;

  • Product exchanges in the original, sealed packaging can be exchanged without a restocking fee. Product exchanges with opened or damaged original packaging can be exchanged subject to a 25% restocking fee (restocking fees do not apply to products originally packaged in clear poly bags);

  • Shipping charges and/or shipping costs are not the responsibility of 38S. 38S is not responsible for any product return/exchange packages that are lost in transit. We recommend customers utilize a shipping carrier that offers shipment tracking numbers and full value insurance on product returns/exchanges;

    Contact Us with your Name, Order Number, and the Items you are requesting for Cancellation to begin the process. Approved product cancellations will be refunded to the original payment method used at the time of purchase.

Submission To Jurisdiction; Governing Law

Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the U.S. District Court for the District of Virginia, or the courts of the State of Virginia in each case, and each party irrevocably submits to the exclusive jurisdiction of such courts in any suit, action, or proceeding. Buyer agrees that the laws of the State of Virginia, without giving any reference to its or any other states choice of law provisions, shall govern these Terms of Sale.These Terms shall be construed according to Virginia law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the contents of the Website, the use of the Website, or products or services purchased using this Website, shall be resolved exclusively by the state and federal courts of the State of Virginia. Your use of the Website constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.

These Terms, together with the Website Terms of Use and Privacy Policy, are the entire agreements between you and 38S relating to the Website or its contents. Any other agreements are superseded and have no force or effect.