Ownership 

 

This website is owned and operated by Grant Gustafson, d/b/a CIRCA1941. These Terms set forth the terms and conditions under which you may use our website and products and services as offered by us. This website deals in a wide variety of authentic WWII helmets, uniforms, and field gear, as well as provides for free reference materials on such items. By accessing or using the website or purchasing our products, you approve that you have read, understood, and agree to be bound by these Terms.

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Users

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In order to use our website and/or purchase our products, you must be at least eighteen years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or purchase our products if doing so is prohibited in your country or under any law or regulation applicable to you.

 

​Commercial Terms

 

When buying an item, you agree that: (i) you are responsible for reading (and reviewing all photos within) the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

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The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. All prices are shown in U.S. dollars.

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Returns & Refunds

 

We make an effort to capture detailed photographs and write accurate descriptions for our items, however we also understand that nothing quite compares to an in-hand inspection. Our customers enjoy a three-day inspection period. Should an item arrive not as described, CIRCA1941 will issue a full, money-back refund upon the unaltered item's safe return.

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Warranties

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We understand the concerns that may come with buying items online, so rest assured, every item offered for sale by CIRCA1941 is guaranteed to be of original, wartime production. Upon request, a Certificate of Authenticity will be included in the sale. Items are sold only as historic collectibles, with the intention the buyer does not plan to do anything with them other than to display them. Thus, we do not allege that: helmets conform to any safety standard, uniform sizes match their tags (tailoring may have occurred), canteens are safe from which to drink, etc.

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Intellectual Property

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CIRCA1941.com and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of CIRCA1941. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

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Right to Suspend or Cancel Accounts

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We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

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Indemnification

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You agree to indemnify and hold CIRCA1941 and/or its owner harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

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Limitation of Liability

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To the maximum extent permitted by applicable law, in no event shall CIRCA1941 and/or its owner, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, CIRCA1941 and/or its owner, assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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Right to Modify Terms

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We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of CIRCA1941 or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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Promotional Emails

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You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with. If you don't want to receive such promotional materials or notices – please just notify us at any time. 

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Preference of Law & Dispute Resolution

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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Illinois, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in McHenry County, Illinois. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.