Gear Shop Terms
Preparing for all adventures with lifestyle gear and vehicle accessories
Last Updated: Jan. 18, 2023
PLEASE CAREFULLY READ THIS DOCUMENT AS IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THESE GEAR SHOP TERMS AND CONDITIONS INCORPORATE BY REFERENCE THE GENERAL TERMS AND CONDITIONS (THE “RIVIAN TERMS”). THE RIVIAN TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, AND THAT BINDING ARBITRATION AGREEMENT AFFECTS YOUR AND RIVIAN’S RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT OR JOIN A CLASS ACTION.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM RIVIAN, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH RIVIAN, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Rivian, LLC (“Rivian,” “we,” “us”, or “our”) operates a website that allows users to purchase certain consumer goods. These Gear Shop Terms and Conditions, our Data Privacy Notice (“Privacy Notice”), the Rivian Terms and all policies and requirements posted on our websites, all of which are incorporated into these Gear Shop Terms and Conditions by reference and as amended from time to time (collectively, “Terms”) describe the terms and conditions on which we provide our products and services to you through the Gear Shop, whether as a guest or a registered user.
These Terms are subject to change without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
a. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
b. Prices and Payment Terms.
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price changes, including without limitation price increases or decreases, will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion. Terms of payment are within our sole discretion. The Rivian Payment Terms can be found at rivian.com/legal/payment. Payment must be received by us before our acceptance of an order. Payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
c. Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. Please review the checkout page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
d. Returns and Refunds. Please see our Returns and Refund Policy here. Refunds will be made to the original payment account and will be processed within three (3) business days of receipt of the returned items. There may be a delay of up to five to seven (5-7) days before funds are returned to your account, depending on your financial institution.
e. Colors. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.
f. The Gear Shop Guarantee. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction you may return the product to Rivian for replacement, or refund in accordance with Rivian’s return policy as outlined in Section d (Returns and Refunds) above and the Returns and Refund Policy located here. These terms do not apply to the purchase of a vehicle or related products, including without limitation products attached to the vehicle, or any relationship with Rivian aside from a purchase from the Gear Shop. Please refer to your vehicle purchase agreement or other applicable agreement for those terms and conditions.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
g. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Gear Shop for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States or Canada. Rivian reserves the right to cancel any order due to suspected resale or export or that Rivian believes has been made in bad faith.
h. Privacy. The information you provide to Rivian will be used in accordance with our Privacy Notice and Rivian Terms, each of which is incorporated herein by reference and available on our website at rivian.com/legal/privacy and rivian.com/legal/terms. Please read our Privacy Notice and Rivian Terms carefully to understand Rivian’s practices regarding your information and how it will be treated. If you have questions regarding our Privacy Notice or Rivian Terms, you should contact us by email at firstname.lastname@example.org.
i. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
j. No Waivers. The failure by Rivian to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Rivian.
k. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Rivian, LLC, 14600 Myford Road, Irvine, CA 92606. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
m. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
n. Entire Agreement. Our order confirmation, these Terms, the Rivian Payment Terms, our Rivian Terms and our Privacy Notice will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.