Customer Service

 

If you have any inquiries, or need help with your account, you can contact us at  :

Phone number

Open hours : Monday to Friday : 8:00 AM to 5:00 PM (UTC-5)

Saturday : 10:00 AM to 6:00 PM (UTC-5)

Send us an email . 24/7 (rajouter l’adresse mail de contact pour les USA en mode « lien »)

 

Newsletter :

SIGN UP TO RECEIVE EMAIL UPDATES ON SPECIAL PROMOTIONS, NEW PRODUCTS, GIFT IDEAS AND MORE.

YOU CAN UNSUBSCRIBE AT ANY TIME BY CLICKING ON THE UNSUBSCRIBE LINK IN EACH EMAIL. FOR MORE INFORMATION, PLEASE REFER TO BARNSTORMER'S PRIVACY POLICY.

 

Shipping

 

Shipping Method

Shipping Charge

Estimated Processing Time *

Estimated Delivery Time

Economy

$6

10 business days

Arrives within 3-10 business days of shipping

Fast

$10

7 business days if placed by 3 PM ET (Customized orders must be placed by 11 AMET).

Arrives within 3-5 business days of shipping

2-Business-Day

$20

2 business day

Arrives within 2 business days of purchasing if placed by 3 PM ET (Customized orders must be placed by 11 AM ET).

 

*Saturday, Sunday, and holidays are not considered business days for order processing.

 

 

Delivery Timing

Pending order verification and credit approval, orders should arrive as specified above. Please note that the estimated delivery date is an estimate only and is not guaranteed. Your estimated delivery date will be shown during checkout and included in your order confirmation email. Your items may arrive sooner than the estimated delivery date. Barnstormer reserves the right to send packages via other shipping methods based on the shipping destination as long as orders will still arrive within the arrival times outlined on Barnstormer.usa.com.

When you choose the Economy delivery option, packages are delivered Monday through Friday 8AM to 8PM. Orders sent by Fast, 2-Business-Day or Next-Day shipping methods are delivered Monday through Friday from 8AM to 8PM for residential address deliveries and 8AM - 5PM for commercial business address deliveries. We recommend choosing Fast, 2-Business-Day or Next-Day delivery if you are shipping your package to a business address. You will be asked to provide a telephone number on the shipping page of checkout, which is important in the event the courier needs to arrange a delivery time with you. You will also be asked to provide an email address, to which we will send confirmation that your order was placed.

Saturday Delivery

To ensure prompt delivery, orders placed with the Saturday delivery option will be shipped via the Next-Day option if placed outside of the hours specified above. We do not recommend choosing Saturday delivery if you are placing your order outside of these hours. Saturday delivery is not guaranteed to remote rural areas in the United States.

U.S. Territories, P.O. Boxes, and International

Shipments to Puerto Rico, the US Virgin Islands, Guam, the Marshall Islands, the Northern Mariana Islands, Samoa, and any P.O. boxes are shipped via U.S. Postal Service Priority Mail. Fast, 2- Business-Day, Next-Day, and Saturday delivery options are not available for these destinations. Please allow 5 to 10 business days for delivery to these destinations.

Sales Tax

Applicable sales tax will be included on all orders based on shipping address. Sales tax amount is estimated until order has shipped, and shipping confirmation has been sent. We do not charge sales tax on the purchase of Gift Certificates; however, items paid for with Gift Certificates will be taxed.

 

 

Returns

MAKING A RETURN

You can return your products by starting a return or exchange through your account on barnstormer.usa.com.

Once you complete the few simple steps for the return, you will be provided with a pre-paid shipping label and several options to drop off your package, including thousands of UPS drop-off locations.

For items purchased at a Barnstormer USA Inc website please visit our Returns page.

Orders placed using Stripe cannot be returned to Barnstormer USA Inc. Stripe orders must be returned by mail via our online returns process and are not eligible for exchanges.

Use Your Own Shipping Method/For International Customers:

The package should be taken to your postal carrier and mailed to the following address:

BARNSTORMER USA INC

1 Gateway Ct

STE F – Gates 17 & 18

BOLINGBROOK, IL, 60440

USA

 

RECEIVING YOUR REFUND

Please allow up to three weeks for us to receive and process your return. Return tracking information will be available up to three days after mailing. You will receive an email once your return is processed. Please allow up to an additional 5 business days for the credit to post to your account. We will credit your original form of payment unless otherwise specified.

If you have lost or misplaced your return label, print a new one using your order number and billing zip code. If you need further assistance, please call us at our phone number or email us at CustomerAssistance@barnstormer.usa.com.

 

OUR RETURN POLICY

We want you to be entirely satisfied with your Barnstormer.usa.com purchase. If you are not, we will gladly accept the return of items that are unwashed, unworn, and unaltered with the original tags attached and accompanied by the original invoice for online orders, or purchase information from your printed receipt, within 30 days of order shipment date.

Customers who placed orders may return item(s) within 30 days of the order shipment date.

Orders placed using Stripe cannot be returned to BARNSTORMER USA INC. Stripe orders must be returned by mail via our online returns process, and are not eligible for exchanges.

Limited-edition styles are eligible for return within seven days of the shipping date.

Products must be in perfect condition.

Please allow up to three weeks for us to receive and process your return. You will receive an email notification upon the completion of return processing.

 

EXCHANGES

·       If you would like to make an exchange you may do so, as long as it is for the same item (at the same price) in a different size or color.

·       Your exchange order will be processed immediately with free shipping. We will also provide a free return label for your new order.

·       Please return the exchanged item(s) within 4 business days of initiating the exchange online.

·       Exchanged item(s) must be received within 14 days from the day the exchange is initiated online to avoid being charged.

·       Stripe orders are not eligible for exchanges, and can only be returned by mail via our online returns process.

 

EXCLUSIONS

The following may not be returned or exchanged:

-        Personalized items

-        Gift Boxes

TIMING FOR A RETURN

To receive your refund to your original method of payment, your online return must be returned within 30 days of the order shipment date.

Limited-edition styles are eligible for return within seven days of the shipping date.

WITHIN 30 DAYS

-Full-Price Items
-Sale Items
-Gifts You Received

 

Shopping & Payment

Promotion Codes

Steps for redeeming a Promotional Code:

1.     Enter your Promotional Code in Shopping Bag or Checkout.

2.     Click “Apply.”

If your Promotional Code qualifies, your deduction will be displayed in the payment summary. To enter more than one promotional code, enter each code individually in the promotional code box and click “Apply.” 

Please note that we reserve the right to cancel orders in the event that an unauthorized promotion code is used.

 

Payment method

 

CREDIT CARDS ACCEPTED:

-American Express

-Discover

-MasterCard

-Visa

OTHER FORMS OF PAYMENT:

-Stripe

 

WE DO NOT ACCEPT:

-CODs (Cash on Delivery)

-Layaway plan

-Personal checks

-Money orders

IMPORTANT INFORMATION ABOUT PAYMENT:

For your convenience, your credit card information can be stored in your barnstormer.usa.com account. This is secure information and cannot be accessed by anyone other than the account holder. For more information, see our Privacy Notice. For added security, your billing address at Barnstormer.usa.com must exactly match the address on file at your credit card company. The processing of your order may be delayed if these addresses are different.

An authorization hold is placed on the card at the time of order placement, but your credit card will not be charged until your order ships. For orders that ship the same day as they are placed, the authorization hold may appear as a second charge. This hold is released from the account within 3–5 business days depending on your bank’s specific policies. If you are using a debit or check card for payment, the funds will immediately be deducted from your account.

*Credit Card gift cards can only be redeemed for orders less than the full amount available on the gift card. Orders cannot be split between two forms of payment when using a Credit Card gift card.

 

CREDIT CARD ID NUMBER/CCV

This is a 3- or 4-digit number printed on your card required as an added safeguard for online purchases.

·       American Express 

4 digits; far right on the front of your card.

·       Visa or MasterCard

3 digits; back of your card near the signature panel.

If your credit card does not show an ID Number, you are not required to enter one.

 

CANCELING OR CHANGING AN ORDER

If you need to return or exchange an item for a new size or color, click on link of the website to get started. Gift recipients are also able to request a gift return through this link.

If there is a minor error in the shipping address (e.g., incorrect street number, missing apartment number), we recommend contacting the carrier to help resolve once your order has shipped and tracking information is available.

 

TERMS OF USE & COPYRIGHT

Your Use of This website Is Governed By An Agreement To Arbitrate Disputes. You Agree To Submit All Disputes Concerning This Agreement, Your Use of This website, and Any Products or Services You Purchase Through the website To Confidential, Binding Individual Arbitration, And You Agree To Give Up Your Right To Represent Other Persons In A Class Action or Similar Proceeding.

TERMS OF USE

Please carefully read the following Terms of Use before using the barnstormer.usa.com website. By accessing this website, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this website.

This website is operated by BARNSTORMER USA Inc. Barnstormer offers this website, including all information, tools and services available from this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. Your continued use of this website constitutes your agreement to these Terms of Use.

 

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION ON THIS WEBSITE

We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this weebsite at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the website.

ORDERS, PROHIBITION ON RESELLING, AND PRICE

The information on this website does not constitute a binding offer to sell products described on the website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this website for resale by you or any other person, and you may not resell any item purchased from this website. The prices displayed on the website are quoted in US dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

 

 

PRODUCT INFORMATION

Select product can be found on our full price website in the United States while supplies last. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the website.

USE OF MATERIAL ON THE WEBSITE

All content on this website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Barnstormer USA Inc, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the website, or use of the website for purposes competitive to Barnstormer, is expressly prohibited. Barnstormer reserves the right to refuse or cancel any person’s registration for this website, remove any person from this website, or prohibit any person from using this website for any reason whatsoever. Barnstormer, or its licensors or content providers, retain full and complete title to the material provided on the website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Barnstormer’s sole discretion. Barnstormer neither warrants nor represents that your use of materials on this website will not infringe rights of third parties not affiliated with Barnstormer.

You may not use contact information provided on the website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the website or to surreptitiously intercept any system, data, or personal information from the website. You agree not to interrupt or attempt to interrupt the operation of the website in any way. Barnstormer reserves the right, in its sole discretion, to limit or terminate your access to or use of the website at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Barnstormer may be entitled, at law or in equity.

MATERIAL YOU SUBMIT

You acknowledge that you are responsible for any material you may submit via the website, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this website any content that :

(i)              is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable;

(ii)            (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or

(iii)           (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the website.

If you do submit material, and unless we indicate otherwise, you grant Barnstormer and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. You grant Barnstormer and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this website will be handled in accordance with the website’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Barnstormer for all claims resulting from content you supply.

CONDUCT ON THE WEBSITE

Some features that may be available on this website require registration. By registering at and in consideration of your use of the website, you agree to provide true, accurate, current, and complete information about yourself.

Some features on this website require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Barnstormer immediately. Barnstormer may assume that any communications Barnstormer receives under your password have been made by you unless Barnstormer receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this website or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Polo,”, “Hoodie” and “Barnstormer,”. You may not use frames or utilize framing techniques or technology to enclose any content included on the website without Barnstormer’s express written consent. Further, you may not utilize any website content in any meta tags or any other “hidden text” techniques or technologies without Barnstormer’s express written consent.

LINKS

This website may contain links to other websites, operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions may apply to your use of any linked websites. Barnstormer is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked websites.

TRADEMARKS AND COPYRIGHTS

Trademarks, logos, and service marks displayed on this website are registered and unregistered trademarks of Barnstormer USA Inc their licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the website without the owner’s prior written permission, except as otherwise described herein. Barnstormer reserves all rights not expressly granted in and to the website and its content. This website and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

INFRINGEMENT NOTICE

We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:

1 Gateway Ct

STE F – Gates 17 &18

BOLINGBROOK, IL 60440

USA

In order for us to assist you more effectively, the notification must include ALL of the following:

1.        A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;

2.        A description of the copyrighted work you claim has been infringed;

3.        Information reasonably sufficient to locate the material in question on the website;

4.        Your name, address, telephone number, email address, and all other information reasonably sufficient to permit Barnstormer to contact you;

5.        A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.        A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Barnstormer is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this website, including material you provide to us, and so we have an absolute right to remove any material from the website in our sole discretion at any time.

DISCLAIMERS

Your use of this website is at your sole risk. The website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the website or any feature or part thereof at any time. Barnstormer expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the website are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the website will be uninterrupted or error-free; that the website will be secure; that the website or the server that makes the website available will be virus-free; or that information on the website will be complete, accurate, or timely. If you download any materials from this website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from barnstormer or through or from the website shall create any warranty of any kind. Barnstormer does not make any warranties or representations regarding the use of the materials on this website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.

In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

LIMITATION OF LIABILITY

You acknowledge and agree that you assume full responsibility for your use of the website. You acknowledge and agree that any information you send or receive during your use of the website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the website is at your own risk and that the website is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither barnstormer nor its affiliates, suppliers, or third-party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential, or other damages arising out of or in any way related to the website, or any other website you access through a link from this website or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the website, or for any information, products, or services advertised in or obtained through the website, barnstormer’s removal or deletion of any materials submitted or posted on its website, or otherwise arising out of the use of the website, whether based on contract, tort, strict liability, or otherwise, even if barnstormer, its affiliates, or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither barnstormer nor its suppliers shall be liable for any defamatory, offensive, or illegal conduct of any user of the website. Your sole and exclusive remedy for any of the above claims or any dispute with barnstormer is to discontinue your use of the website. You and barnstormer agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Barnstormer and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the website and any violation of these Terms of Use. If you cause a technical disruption of the website or the systems transmitting the website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Barnstormer reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Barnstormer in the defense of such matter.

APPLICABLE LAW

The laws of the state of New York govern these terms of use and your use of the website. We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. This website has been designed to comply with the laws of the state of New-York and of the United States. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, the website is not intended for you, and we ask you not to use the website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

DISPUTES

Barnstormer, including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and you agree that any and all disputes or claims relating in any way to these Terms of Use, your use of the website, or to any products or services sold or distributed by us through any retail channel or through the website, or to any dispute of any nature between you and Barnstormer, including disputes concerning the scope or applicability of this agreement to arbitration (“Disputes”), as well as questions as to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Terms of Use became effective, will be resolved in a confidential, individual and fair arbitration process, and not in court. Each of us agrees to give up our right to sue in court (except small claims court), our right to have our claims heard by a jury, and our right to represent, in a class action or otherwise, anyone but ourselves.

The only exceptions to this arbitration agreement are that (i) each of you and we retain the right to sue in small claims court and (ii) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.

This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, and federal arbitration law apply and govern the interpretation and enforcement of this Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

COMMENCING DISPUTES

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. During the first 45 days after we receive your notice (the “Pre-Arbitration Period”), we may try to reach a settlement of the dispute. If we do not resolve the dispute ourselves within the Pre-Arbitration Period, you may commence arbitration. The arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this Agreement. The JAMS Rules are available at at http://www.jamsadr.com/rules-streamlined-arbitration/ www.adr.org or by calling 1-800-352-5267.

Arbitration firms ordinarily charge fees to both sides to conduct arbitrations. The claimant in arbitration heard by JAMS has to pay $250 to start a case, whether the claimant wins or loses. In the event you commence arbitration for an amount less than $10,000, after we receive notice that you have done so, we will reimburse you for your payment of this filing fee and we will pay JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator’s services, pursuant to the JAMS Rules. We will not seek to recover the filing fee we reimbursed to you unless the arbitrator determines that you brought your claim frivolously or for an improper purpose.

Each of us may incur attorneys’ fees during the arbitration. Each of us will bear our own attorneys’ fees, except in the following circumstances. If applicable law permits a prevailing party to recover attorneys’ fees, the prevailing party may seek fees as applicable law permits. If applicable law does not permit a prevailing party to recover its attorneys’ fees, but you prevail in the arbitration and win an award at least 25% greater than our highest pre-arbitration settlement offer, then we will pay your reasonable attorneys’ fees for time reasonably expended at rates that prevail for attorneys in your home county, in an amount not to exceed the greater of $10,000 or 20% of the arbitrator’s damages award to you. If we prevail in the arbitration, we will seek to recover our reasonable attorneys’ fees and reimbursement of arbitration costs only if applicable law permits a prevailing party to see fees or if the arbitrator finds that you brought a claim frivolously or for an improper purpose and applicable law does not preclude us from seeking our fees and costs.

The Arbitration

The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties pursuant to the JAMS Rules.

If your claim is for $10,000 or less, we agree, pursuant to the JAMS Rules, that the dispute should be resolved without an oral hearing, unless the arbitrator requests otherwise. Any in-person hearing for a claim of less than $10,000 must be conducted in New York, New York. If your claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the JAMS Rules.

Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: No Consolidation of Arbitral Claims

We agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in New York County, New York.

CHANGES TO THESE TERMS OF USE

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the website. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this website following the posting of changes to these Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this website and the revised Terms of Use will take effect 30 days after their publication on this website.

 

ENTIRE AGREEMENT and ADMISSIBILITY

This agreement and any policies or operating rules posted on this website constitute the entire agreement and understanding between you and Barnstormer with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY

If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.

HOW TO CONTACT US

If you have questions or comments about these Terms of Use or this website, please contact a Customer Assistance representative at Number of phone or email us at CustomerAssistance@barnstormer.usa.com.

 

 

Privacy Notice

 

Barnstormer USA Inc respects your concerns about privacy.

The Privacy Notice describes the types of personal information we collect on our website and in other ways discussed below, how we may use that information, and with whom we may share it. The Notice also describes the measures we take in an effort to protect the security of the personal information. We also tell you how you can reach us to ask us to (i) access, update, or change the personal information you have provided to us; (ii) withdraw any consent you previously provided to us; (iii) tell us to refrain from communicating with you about our products or services; and (iv) answer any questions you may have about our privacy practices and those of our service providers.

Shopping

When you buy products or obtain services on our website, we ask you for information we need to process your purchase or provide you with the services you requested. If you pay by debit or credit card, we collect your debit or credit card–related information and signature in order to process your transaction. We may also collect your email address in order to send you an electronic receipt.

CUSTOMER ASSISTANCE

You may call our Customer Assistance line for information about our products or personal shopping advice. If you do so, we may ask you for information such as your name, email address, postal address, and telephone number. We use this information to respond to and communicate with you about your request. We may retain this information to assist you in the future and to monitor and/or improve our product and service offerings.   

LEGAL COMPLIANCE

We may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required or permitted by applicable in the US, or other law. We may also disclose personal information where necessary for the establishment, exercise, or defense of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.

SALE OF BUSINESS

We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Notice. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

Your personal information is maintained on a confidential basis on our servers in the United States. We maintain appropriate administrative, technical, and physical safeguards in an effort to protect personal information in our custody and control against accidental, unlawful, or unauthorized destruction, loss, theft, alteration, access, disclosure, or use, and other unlawful forms of processing, including limiting access to personal information to employees and authorized service providers on a need-to-know basis.

We may transfer the personal information we collect about you to our affiliates and services providers in countries other than the country in which you originally provided it, including the United States. These countries may not have the same data protection laws as the country in which you provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Notice.

Subject to limited exceptions prescribed by applicable law, we will provide you with access to personal information in our custody or control and the ability to review, correct, or update the information where it is inaccurate. Please submit your request to the address specified in the “How to Contact Us” section below. Please include your name, email address, and postal address in your request for the purposes of verifying your identity.

We offer you certain choices about how we communicate with you and what information we collect from you. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds and free of charge to the processing of your personal information, and we will apply your preferences going forward provided that the processing is not required to fulfill the services you’ve requested.

You can choose not to receive email marketing communications from us by clicking on the unsubscribe link in our marketing emails or by clicking here.

To unsubscribe from mail and other communications, please contact us as set out under “How to Contact Us” below or speak to a sales associate on our website. Please include your name, email address, and postal address if you send us your request by email or postal mail for verification purposes.

This Privacy Notice may be updated periodically to reflect changes in our personal information practices or relevant laws. We will post a prominent notice on the website to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was updated.

If you have any questions, comments, or complaints about this Privacy Notice, or the manner in which we or our service providers treat your personal information, or if you would like us to update information we have about you or your preferences, please contact us as indicated below:

BARNSTORMER USA Inc

1 Gateway Ct

STE F – Gates 17 & 18

BOLINGBROOK, IL, 60440

USA

 

 

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