Terms of service

Terms and Conditions for Cowboy Tools

Effective Date: April 12, 2025

By accessing or using the Cowboy Tools website, making a purchase through our eBay store, Shopify store, or in-person at our Calgary location, you agree to be bound by these Terms and Conditions. These terms constitute a legally binding agreement between you (the “Buyer”) and Cowboy Tools (the “Seller”). If you do not agree to these terms, do not use our services or purchase our products.

1. Acceptance of Terms

  • By accessing our website, making a purchase, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
  • These terms apply to all purchases made through Cowboy Tools, whether via our website, eBay, Shopify, or in-store.

2. Product Descriptions and Condition

  • All products sold by Cowboy Tools are used and are offered "as is" and "with all faults."
  • We aim to provide accurate descriptions of each product’s condition, including any known defects or wear. However, due to the nature of used goods, descriptions may not capture every detail, and we do not guarantee their completeness or accuracy.
  • Buyers are solely responsible for reviewing product listings, including descriptions, images, and any additional information, prior to purchase.
  • Upon receipt, buyers must inspect the product to confirm it meets their needs. Cowboy Tools assumes no responsibility for any discrepancies not explicitly stated in the listing.

3. Implied Warranties and Disclaimers

  • Products are subject to the implied conditions and warranties mandated by the Sale of Goods Act of Alberta, such as merchantable quality and fitness for purpose, adjusted for their used condition.
  • Beyond these legally required implied warranties, Cowboy Tools provides no additional warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • Cowboy Tools does not guarantee that any product will meet the buyer’s specific requirements or perform as expected.

4. Safety Equipment Disclaimer

  • Cowboy Tools sells used safety equipment, including but not limited to safety harnesses, boots, hard hats, and other personal protective equipment (PPE).
  • Buyer Responsibility: Buyers are entirely responsible for:
    • Inspecting safety equipment for damage, wear, or defects.
    • Verifying its suitability for their intended use.
    • Ensuring compliance with all applicable safety standards, regulations, and industry requirements.
  • Cowboy Tools does not warrant that used safety equipment meets current safety standards or is appropriate for any specific purpose. Buyers must independently assess the safety and condition of these items.
  • No Liability for Safety Equipment: To the fullest extent permitted by law, Cowboy Tools disclaims all liability for any injury, damage, or loss resulting from the use of safety equipment purchased from us.

5. Buyer’s Responsibility for Safe Use

  • Buyers must use all products, including safety equipment, in a safe and proper manner.
  • Buyers are responsible for adhering to any applicable manufacturer guidelines, industry standards, or safety regulations, even if such information is not provided by Cowboy Tools.
  • Cowboy Tools is not obligated to supply usage instructions, safety guidelines, or maintenance recommendations and assumes no liability for misuse or improper handling of products.

6. Limitation of Liability

  • To the maximum extent permitted by law, Cowboy Tools shall not be liable for any:
    • Direct, indirect, incidental, special, exemplary, consequential, or punitive damages.
    • Losses arising from the use or inability to use any product.
    • Damages due to defects, malfunctions, or failures of a product.
    • Injuries or damages resulting from safety equipment or other items purchased.
  • In no event shall Cowboy Tools’ total liability exceed the purchase price paid by the buyer for the product in question.
  • This limitation applies regardless of whether Cowboy Tools was informed of the potential for such damages.

7. Returns and Refunds

  • Used Goods Policy: Due to the nature of used goods, all sales are final unless explicitly stated otherwise below.
  • Returns for Misrepresentation: Returns are accepted only if the product is materially not as described in the listing. Conditions for such returns:
    • Buyers must notify Cowboy Tools within 7 days of receipt.
    • The product must be returned in the same condition as received.
    • Upon receipt and verification, Cowboy Tools may issue a refund or replacement at our sole discretion.
  • No Returns for Other Reasons: Returns are not permitted for buyer’s remorse, change of mind, or failure to adequately assess the product before purchase.
  • Shipping Costs: Buyers are responsible for return shipping costs unless the return results from an error by Cowboy Tools.
  • All returns are subject to applicable consumer protection laws in Alberta.

8. Inspection and Testing of Products

  • Cowboy Tools takes reasonable steps to inspect and test products, particularly safety equipment, to identify obvious hazards, as required by the Canada Consumer Product Safety Act (CCPSA).
  • However, given the used nature of our products, we cannot guarantee the absence of all defects or hazards.
  • Buyers are strongly encouraged to perform their own inspections and tests upon receipt to ensure the product meets their safety and performance expectations.

9. Governing Law and Jurisdiction

  • These Terms and Conditions are governed by and interpreted under the laws of the Province of Alberta, Canada.
  • Any disputes arising from these terms or product purchases shall be resolved exclusively in the courts of Alberta.

10. Modifications to Terms and Conditions

  • Cowboy Tools reserves the right to amend these Terms and Conditions at any time.
  • Updated terms will be posted on our website with a revised effective date.
  • Continued use of our services or purchase of products after such changes signifies acceptance of the modified terms.

11. Severability

  • If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions shall remain fully effective.

12. Entire Agreement

  • These Terms and Conditions, along with any additional terms provided at the time of purchase, represent the complete agreement between the buyer and Cowboy Tools regarding product sales.
  • They supersede any prior agreements, representations, or understandings, whether written or oral.

13. Contact Information

  • For questions or concerns about these Terms and Conditions, please reach out to:
    • Cowboy Tools
    • 4121 23b St NE, Calgary, AB T2E 7V9
    • info@cowboytools.ca