Last updated: March 01, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://victor-torch.com website (the “Service”) operated by Victor® Torch (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Victor® Torch and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Victor® Torch.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Victor® Torch.
Victor® Torch has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Victor® Torch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Victor® Torch and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Victor® Torch, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Victor® Torch its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Victor® Torch ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Victor® Torch or any person for whom Victor® Torch is responsible, and even if Victor® Torch has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Additional Victor® Torch Terms & Policies
In addition to these general Terms and Conditions, the following supplemental terms apply when purchasing Victor® Torch products or services:
Product Warranties
Victor® Torch offers limited warranties on our torch equipment and accessories, regulators, meters and other products. Warranty terms vary by product line and country of purchase. Please see full warranty details for your item.
We will repair or replace any product defect due to faulty material or workmanship, as covered under the applicable warranty terms. Normal wear and tear or damage caused by accident, misuse or improper maintenance are not covered.
Returns & Exchanges
Unused Victor® Torch products in new condition may be returned within 30 days of purchase for a full refund of the purchase price, minus shipping costs. Please contact the authorized distributor where the product was originally purchased to initiate a return.
Exchanges are offered for identical products only within 14 days of receiving your shipment. Exchanges require payment of any price difference between items. Again, please work through your original distributor.
Unfortunately custom or made-to-order products cannot be returned or exchanged.
Payment Terms
We require full payment prior to shipment for all online orders placed through Victor® Torch or our authorized distributors. Accepted payment methods are Visa, MasterCard, American Express, Discover and PayPal.
For large orders paid by check, bank transfer or other means, equipment will ship upon receipt of full cleared payment. Any bank fees must be covered by the purchaser.
Shipping & Delivery
Standard ground shipping within the continental United States is free for order values over $99 USD. Additional charges apply for expedited delivery. Shipping costs will be calculated and displayed automatically during online checkout based on items, quantities and destination zip code.
Shipment costs for oversize items, hazardous goods, international shipments, or special handling will be determined on a quote basis. We will advise any additional shipping fees for approval prior to processing payment and shipment.
Title and risk of loss pass to the customer upon our delivery to the carrier. We are not liable for any delays at customs or trans-shipment points. Duties, taxes and customs fees are the sole responsibility of the recipient.
Hazardous Materials Handling
Victor® Torch ships hazardous materials including compressed gases, flammable fuels and other dangerous goods fully compliant with all regulations regarding proper labeling, packaging, and paperwork. We only use carriers specially certified and authorized to transport hazardous materials.
If your shipment includes hazardous items, we will advise the total amount of regulatory surcharges that must be prepaid to cover the carrier’s special handling. Failure to pay these mandatory fees will prevent release of your products for delivery.
Privacy Policy
We respect the privacy of all our customers and website visitors. Please review our Privacy Policy for details on how we collect, use and protect personal data. This policy may be periodically updated to reflect changing legal requirements. We will highlight any significant changes prior to implementation.
Training & Certification
Proper safety training and certification is required prior to using Victor® Torch equipment. Our local distributors offer both online and hands-on instruction covering safe handling, applications training, troubleshooting and more. We highly recommend completing training even for experienced welders/cutters.
Contact your distributor to learn about training dates and special package discounts including equipment, supplies and instruction. Enrolling in an authorized Victor® training course is the best way to become fully proficient with your new equipment.
Safety Literature
Every Victor® Torch product ships with safety sheets providing important handling instructions, health hazard data, storage and disposal guidance, emergency contact information and more. Additional literature covering specific applications is available upon request.
Please read all supplied safety literature prior to using your equipment and retain for future reference. Contact us immediately if you have any questions about safe use, health risks or how to mitigate hazards.
Licenses & Compliance
Purchasers are solely responsibility for obtaining any required licenses, permits or other approvals stipulated by local, state/provincial or federal laws and regulations prior to using Victor® Torch equipment. This may include obtaining a fuel gas license for storage of acetylene or other compressed gases.
You must also comply with all applicable safety, environmental, transportation and operational regulations. For guidance, please contact your local authority having jurisdiction over the intended use of the products.
Limited Uses
Victor® Torch products are designed for specific applications including metal cutting, welding, brazing and heating. The equipment MUST only be used in line with published instructions and safe work practices. Unauthorized modification or misuse of the products voids all warranties.
Specifically, the equipment is NOT approved or intended for medical applications, pharmaceutical manufacturing, or any processes involving direct contact with food products or human consumption. Please contact us with any questions about allowable uses.
