Terms & Conditions
1. Terms of Use
The spleeff.com website, and all related content, mobile
applications (if applicable), and associated services (collectively the
"Website"), is a service owned and operated by Spleeff. ("Spleeff,"
"us" or "we"). Spleeff has adopted these Terms and
Conditions to inform you of your rights and obligations when using the Website
and/or when purchasing any Spleeff products or goods ("Products")
("Terms and Conditions" or "Terms"). Your use of this
Website, and/or your purchase of any Products, constitutes your agreement and
manifestation of your assent to the following Terms and Conditions. If you do
not agree to these Terms and Conditions you may not use the Website or purchase
our Products.
Spleeff may, and reserves the right to, from time to time modify, limit,
change, discontinue, or replace the Website and these Terms and Conditions at
any time. In the event Spleeff modifies, limits, changes, or replaces the
Website or these Terms and Conditions, your continued use thereafter
constitutes your agreement to such modification, limitation, change, or
replacement.
It
is your responsibility to review these Terms and Conditions on a regular basis
to keep yourself informed of any modifications, limitations, changes, or
replacements.
Spleeff limits purchase of its product via its Website to individuals who are
21 years of age or older. You warrant and agree that you are at least 21 years
of age. It is your responsibility to check and understand the local laws in
your jurisdiction regarding the legal purchasing age in order to purchase from
or access our Website. Spleeff does not warrant or guarantee that compliance
with these Terms and Conditions will be sufficient to comply with your
obligations under applicable laws where you reside or where you use the
Website.
Please
read these Terms and Conditions carefully to ensure that you understand each
provision. These Terms contain a mandatory individual arbitration and
class action/jury trial waiver provision that requires the use of arbitration
on an individual basis to resolve disputes, rather than jury trials or class
actions.
2. Eligibility, Safety
Acknowledgment, And Registration For a spleeff.com Account
This
is a contract between you and Spleeff. You must read and agree to these Terms
and Conditions before using the Website. If you do not agree, you may not use
the Website to register for an account. You may use the Website only if you can
form a binding contract with Spleeff, and only in compliance with these Terms
and all applicable local, state, national, and international laws, rules and
regulations. Any use of an account via the Website by anyone under 21 years of
age is strictly prohibited and in violation of these Terms.
Our
Website contains age-regulated products, which include minimum purchasing and
usage age requirements. We take the prevention of underage use very seriously. Spleeff
products should never be used by anyone under the legal purchasing age. An age
verification check will occur during the registration process in order to
confirm that you are of legal purchasing age. Only persons 21 years of age and
older that have been age verified can purchase products and participate in any
promotions or offers from the Website. Due to age-restriction laws and
regulations, we may use your provided information to conduct age-verification
for your purchases and may deny or cancel your purchases due to such regulations.
We
encourage consumers to do their own research regarding vapor products and what
is right for them. If you have any health concerns about use of Spleeff, we
recommend that you consult with your physician.
CALIFORNIA
PROPOSITION 65 WARNING: This product contains chemicals known to the state of
California to cause cancer and birth defects or other reproductive harm. Avoid
contact with skin and eyes. Do not drink. Keep out of reach of children and
pets. In case of accidental contact, seek medical help.
In
order to purchase from the Website you must complete the registration process
to obtain a user account. You will be required to provide your name, address,
email address, phone number, verification of your phone number, and date of
birth. You may be further required to provide the last four digits of your
Social Security Number, a photograph of a valid government issued ID, and a
photograph of yourself. You must provide complete and accurate information
about yourself during the registration process and you have an ongoing
obligation to update this information if and when it changes. We will handle
your information consistent with our Privacy Policy, which is incorporated into
these Terms and Conditions by reference.
When
you create an account, you will be required to create a user ID and password.
You agree that you will never share your user ID and password with anyone else
for any reason. You agree that only you will use your account. You agree to
contact Spleeff immediately in the event you become aware of unauthorized
access to your account. You agree that you are solely responsible for all
activity that takes place in connection with your account and you agree to
indemnify and hold harmless Spleeff from any damages that arise out of or in
relation to use of your account. You agree that you will not create more than
one account. By registering and obtaining an account you affirm that you will
follow the Terms and Conditions of this Website and your registration
constitutes your consent to enter into agreements with us electronically.
3. Termination Of Account
We
reserve the right to restrict access to, suspend, disable, terminate, and/or
delete your account for any reason that we deem necessary, or for no reason. In
the event your account is suspended, disabled, terminated, or deleted, your
only option is to request reinstatement of your account by contacting the Spleeff
Support Team at support@spleeff.com. You may not open alternate accounts.
4. Electronic Communication
– spleeff.com Account Specific
With
the creation of an account, you agree that we may send to you electronic
notices or other communication regarding Spleeff and this Website. These types
of electronic communications will be sent to the email address that was
provided during registration and/or the email address associated with your
account. The contents of any communication are effective when sent, regardless
of when you receive or whether you read the communication. You can stop
receiving these notices and communications at any time with the deactivation of
your account.
5. Electronic Communication
– Marketing Communication
By
completing the registration process on the Website and providing your email
address, you are representing you are of legal age to receive Spleeff's
Newsletter and will receive electronic communications and exclusive offers.
These exclusive offers may be unavailable depending on your state and local
regulations or other restrictions. All offers are Void Where Prohibited. Spleeff
Products material are not intended to imply that the Products have been
approved by the Food and Drug Administration or that the Food and Drug
Administration has deemed this Product to be safe for use by consumers. This
Product is not intended to diagnose, treat, cure, or prevent any disease.
The
email address provided will be used solely by Spleeff and will not be sold to,
shared with, or otherwise disclosed to other parties, except as permitted under
our Privacy Policy. You can choose to stop receiving these offers at any time
by filling out an unsubscribe request, using the unsubscribe option on
communications or contacting us using the contact information on the Website.
6. Communications With Spleeff
Customers
and visitors are encouraged to forward comments or other communications to Spleeff
via spleeff.com or via email. You agree that you will
not transmit content to Spleeff that is illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties, or objectionable and does not consist of
or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." You agree that
you will not use a false email address, impersonate a third party person or
entity, or otherwise mislead Spleeff as to the origin of a communication.
Communications violating the restrictions of this paragraph shall constitute a
violation of these Terms and Conditions, and may result in the termination of
your account at the sole discretion of Spleeff.
Any
material or communication transmitted by you to this Website will not be
treated as confidential as described in the Spleeff' PrivacyPolicy. By submitting any content to us through the Website, you
grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual
license to use that content for any purposes, including, without limitation, a
license to reproduce, prepare derivative works, distribute, perform publicly,
transmit, broadcast, and display the content. Any ideas, concepts, or other
materials transmitted by you to Spleeff may be used in any manner, including
reproduction, transmission, publication or broadcast without compensation. We
have the right, at our sole discretion, to edit or refuse to post content
submitted by you. The provisions of this paragraph will survive the termination
of these Terms and Conditions and for the maximum period permitted under
applicable law.
7. Payment
You
agree to pay for all purchase orders you place through the Website.
Except
where noted otherwise, the prices displayed for Spleeff Products represent the
full retail price listed on the product itself. All prices are quoted and
payable in U.S. dollars, regardless of where an order is placed or shipped.
Foreign exchange rates apply and may depend on the date your order was placed.
Your
purchases may also be subject to sales tax, VAT, or other taxes or duties at
the point of sale where applicable. Payment of taxes and duties due are your
responsibility unless such sales taxes or duties are collected by Spleeff at
the time of your purchase, in which case Spleeff will submit your taxes and/or
duties to the appropriate authority on your behalf. Spleeff shall not be
responsible for failure to pay taxes or duties you owe, unless Spleeff has
collected such taxes or duties at the time of the purchase.
In
the event that you dispute the amount or validity of any payments made to Spleeff
through this Website, you must notify Spleeff in writing, within ten (10) days
of payment, of any such dispute by email to support@spleeff.com.
You expressly agree that your failure to notify Spleeff of any dispute within
ten (10) days of payment will constitute your express waiver of any claims
related to the disputed payment.
You
agree that you will pay all costs and expenses of collection, including
attorneys' fees, incurred by Spleeff in the event of failure to make payment.
8. Cancellation Policy
Orders
submitted cannot be cancelled once the tracking information has been generated.
Generally, tracking information is generated 24 hours from the time that the
order was submitted. To cancel an order placed before tracking information is
generated, please contact Spleeff’ Support Team as soon as possible.
9. Return Policy
In
no event will Spleeff accept return of and/or issue any refund for purchases
made other than through the Website, including purchases made from an
authorized Spleeff retailer. Products purchased through an authorized Spleeff
retailer must be returned and refunded through the location from which the
Products were purchased.
Non-defective Items
You may return unopened
and unused items in the original packaging with tamper proof intact within fourteen
(14) days of delivery for a refund of the purchase price. We may withhold reimbursement until we have
received the purchased item. No refunds will be issued for items not returned
within fourteen (14) days of delivery.
Only regular priced
items may be refunded. Sale items cannot be refunded. Shipping charges are
non-refundable. We recommend using a trackable shipping service to ensure that
we receive your returned item.
Because
of the nature of the products sold through the Website, for sanitary reasons, Spleeff
accepts returns of and will issue refunds only for unopened and unused devices.
If the tamper proof seal is broken, we will be unable to accept the returned
product and we will not issue a refund.
California
Residents. The provider of services is set forth herein. If you are a
California resident, in accordance with Cal. Civ. Code §1789.3, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by contacting them in
writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by
telephone at (800) 952-5210.
Damaged / Incomplete /
Incorrect / Missing Order
You
agree to immediately inspect any goods purchased upon receipt of your purchase
order. If you received an order shipped from Spleeff that is damaged,
incorrect, or incomplete, please contact Spleeff Support within 48 hours of the
delivery date to explain the problem with your order and to request a refund or
replacement. Spleeff may require you to return damaged items or require that you email us pictures of the
damaged or defective item prior to approving the return request, in which case Spleeff will pay for the cost
of return shipment.
Report missing items to Spleeff Support within 48 hours of the expected delivery
date. Before reporting an item
as missing, please check that the shipping address that was entered for the
order is accurate and complete and then re-check your tracking information
found in the shipping confirmation email. You can also call your local post
office for proof of delivery. We recommend checking with neighbors, the
mailrooms or anywhere else you think it may have been delivered.
10. Refunds
Refunds will be
processed within 3 business days of receiving the returned items and will be
applied directly to the payment method that was used to make the purchase. Note
that refunds may take up to 10 business days to completely process after the
refund has been initiated with your bank.
11. Product Resale Or Other
Exploitation Prohibited
You
agree not to sell, resell, distribute or make available to others, or otherwise
use or exploit for any commercial purposes (including, without limitation, in
contests, sweepstakes and/or giveaways) any portion of any Products or services
purchased from this Website or otherwise obtained from Spleeff or a Spleeff
representative without prior written permission of an authorized representative
of Spleeff. Any person or entity that sells, resells, distributes or makes
available to others, or otherwise uses or exploits any Products or services for
commercial purposes without such prior written permission may be subject to
civil action and/or criminal penalty, as prescribed by law.
12. Compliance With Law;
Indemnification
You
agree that your use of any Spleeff Products and/or Spleeff services will comply
at all times with all applicable laws and regulations, in all relevant
jurisdictions, including without limitation laws and regulations related to
product use, resale, marketing, advertising, and/or other forms of promotion.
You
agree to indemnify, defend, and hold harmless Spleeff and its subsidiaries,
agents, licensors, managers, and other affiliated companies, and their
employees, contractors, agents, officers and directors, from and against any
and all claims, liabilities, damages, losses, obligations, costs or debt,
expenses (including reasonable attorney's fees), regulatory penalties and
enforcement actions arising out of or in connection with: (i) your use of and
access to any Spleeff Products or services, or this Website, including any data
or content transmitted or received by you; (ii) your violation of any term of
these Terms, including without limitation your breach of any of the
representations and warranties herein or your obligations under this Section
12; (iii) your violation of any third party right, including without limitation
any right of privacy or intellectual property rights; (iv) your violation of
any applicable law, rule or regulation; (v) any content that is submitted via
your account including without limitation misleading, false, or inaccurate
information; (vi) your willful misconduct; or (vii) any other party's access
and use of the Website with your unique username, password or other appropriate
security code.
13. Counterfeiting
The
fight against unauthorized sales and counterfeiting is a long-term commitment
to quality and service that is taken seriously by Spleeff. We advise consumers
to be cautious when purchasing products from unauthorized resellers as the
quality, reliability and safety of these products is unknown. If you encounter
products that do not appear to be genuine Spleeff products, you may report the
details of your purchase to Spleeff Support or local law enforcement.
Please
contact Spleeff Support to learn more about authorized dealers. Any product
purchased outside of our exclusive sales network runs the risk of being
counterfeit.
Spleeff
shall have no responsibility or liability for any Products purchased outside of
our Website and/or Authorized Retailers.
Spleeff
will not assist with resolving issues pertaining to the purchase of counterfeit
products nor will Spleeff provide refunds for such purchases.
14. Third Party Links
This
Website may contain links to third-party websites. Spleeff does not intend
these links to be viewed as an endorsement of those websites or their content.
If you decide to access third-party websites, you do so at your own risk.
Different terms of use may apply to any third-party website.
15. Privacy Statement
For
more information about how we use and protect your personal information you may
provide through our Website, please review the Website’s Privacy Policy. Note
that Spleeff reserves the right to change its Privacy Policy at any time
without notice.
16. Arbitration And Class
Action And Jury Trial Waiver
Read
this Section carefully because it requires the parties to arbitrate their
disputes and limits the manner in which you can seek relief from Spleeff. For
any dispute with Spleeff, you agree to first contact us via email (support@spleeff.com)
and attempt to resolve the dispute with us informally.
Arbitration. In the unlikely event that Spleeff has not been
able to resolve a dispute it has with you after sixty (60) days, you and Spleeff
each agree to resolve any claim, dispute, or controversy arising out of or in
connection with or relating to these Terms, the breach or alleged breach
thereof, or your purchase or use of SPLEEFF Products (collectively,
"Claims"), by binding arbitration by JAMS, under the Optional
Expedited Arbitration Procedures then in effect for JAMS, except as provided
herein (including the exclusion of any claims brought by Spleeff for injunctive
or other equitable relief as provided in Section 17 below).
The
arbitration will be conducted in Chicago, Illinois, unless you and Spleeff
agree otherwise. If you are an individual using Spleeff Products, services, or
the Website for non-commercial purposes: (i) JAMS may require you to pay a fee
for the initiation of your case, unless you apply for and successfully obtain a
fee waiver from JAMS; (ii) the award rendered by the arbitrator may include
your costs of arbitration, your reasonable attorney's fees, and your reasonable
costs for expert and other witnesses; and (iii) you may sue in a small claims
court of competent jurisdiction without first engaging in arbitration, but this
does not absolve you of your commitment to engage in the informal dispute
resolution process. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction consistent with the requirements
in Section 17 below.
Class Action and Jury Trial Waiver. With respect to all persons and
entities, regardless of whether they have obtained or used the Website or Spleeff
Products or services for personal, commercial or other purposes, all claims
must be brought in the parties' individual capacity, and not as a plaintiff or
class member in any purported class action, collective action, private attorney
general action or other representative proceeding. This waiver applies to class
arbitration, and, unless Spleeff' agrees otherwise, the arbitrator may not
consolidate more than one person's claims.
You agree that, by entering into this agreement, you and Spleeff
are each waiving the right to a trial by jury or to participate in a class
action, collective action, private attorney general action, or other
representative proceeding of any kind.
17. Governing Law And Venue
These Terms and Conditions will be governed by and interpreted
under the laws of the State of Illinois, without regard to its principles of
conflict of laws. Exclusive venue
for any action to determine the enforceability of the arbitration provision in
Section 16 or the arbitrability thereunder of any dispute, or to enforce an
arbitral award rendered pursuant to these Terms and Conditions will be the
state or federal courts of Chicago, Illinois. You agree that Chicago, Illinois is
the proper forum for any appeals of an arbitration award or for trial court
proceedings in the event that the arbitration provision in Section 16 is found
to be unenforceable. You agree not to bring any such actions in any other venue
and you expressly agree to waive all objections to these venues.
You
expressly consent to be subject to the personal jurisdiction of the state and
federal courts of Illinois. You agree that: (i) the Website and Spleeff
Products and services shall be deemed solely based in Illinois; and (ii) the
Website and Spleeff’ services shall be deemed passive ones that do not give
rise to personal jurisdiction over Spleeff, either specific or general, in
jurisdictions other than Illinois.
The
parties acknowledge that these Terms evidence a transaction involving
interstate commerce. Notwithstanding the preceding sentences with respect to
the substantive law, any arbitration conducted pursuant to the terms of these
Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE
APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS IS EXPRESSLY EXCLUDED.
We
reserve the right to seek injunctive or other equitable relief to prevent the
actual or threatened infringement, misappropriation, or violation of our
copyrights, trademarks, trade secrets, patents, or other intellectual property
or proprietary rights. You agree to submit to the personal jurisdiction of the
federal and state courts located in Chicago, Illinois for any actions for any
such relief.
18. Release And Waiver Of
Claims; Assumption Of Risk
YOU
HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and
all claims, other than claims for personal injury, that you have or may have in
the future against Spleeff, or any of its distributors, resulting from use of
the Website and Spleeff Products and services; and (ii) to release Spleeff or
any of its distributors from any and all liability from any loss, damage,
injury or expense, other than liability for personal injury, that you or any
users of this Website and any Spleeff Products or services may suffer as a
result of the use of any of the foregoing, due to any cause whatsoever,
including negligence or breach of contract on the part of Spleeff, in the
design or manufacture of the Website or of any Spleeff Products or services.
In
the event of your death or incapacity, these Terms shall be effective and
binding upon your heirs, next of kin, executors, administrators, assigns and
representatives.
You
hereby expressly waive any and all rights and benefits conferred upon you by
the provisions of Section 1542 of the Civil Code of California (or any
applicable analogous law), which states: “A general release does not extend to
claims which the creditor does not know or suspect to exist in his or her favor
at the time of executing the release, which if known to him or her must have
materially affected his or her settlement with the debtor.”
You
and Spleeff understand and agree that claims or facts in addition to or
different from those which are now known or believed by each of them to exist
may hereafter be discovered, but it is your intention to release all claims you
have or may have against Spleeff, other than claims for personal injury, and
any and all of its successors, subsidiaries, parents, affiliates, investors,
branches or related entities, or those entities' officers, directors,
employees, stockholders, partners, members, consultants, agents, attorneys,
employee benefit plans or assigns, whether those claims are known or unknown,
suspected or unsuspected.
19. Trademarks And
Copyright
This
Website features trademarks, service marks, logos, text, software, files,
graphics, photos, images, design, music, video and data that are the property
of Spleeff and its affiliates or licensors. This Website also may include
trademarks, service marks, logos, text, software, files, graphics, photos,
images, design, music, video and data of other third parties. All of these trademarks,
service marks, logos, text, software, files, graphics, photos, images, design,
music, video and data are the property of their respective owners, and you
agree not to use them in any manner without the prior permission of the
applicable owner. This Website and all of its content are protected under
copyright, trademark and other laws of the United States and other countries.
20. Use Of Material From
This Website
All
content of this Website, including but not limited to, any text, software,
files, graphics, photos, images, designs, music, musical compositions, video,
audio visual works, and data found on this Website (collectively the
"Materials"), are the property of and owned by Spleeff or its
licensors, and are protected by copyright, trademark, and/or other laws. You
expressly agree that you are prohibited from, including but not limited to, the
following: reproducing, copying, modifying, displaying, adapting, publishing,
translating, performing publicly, reverse engineering, transferring,
transmitting, broadcasting, distributing, licensing, selling, creating
derivative works of, or gifting, in whole or in part, the Materials.
The
Website and related content is provided for informational purposes only. Your
use of this Website is at your sole risk. This Website is provided on an
"AS IS" and on an "as available" basis. Although we make
all reasonable efforts to ensure that the content of the Website is updated and
corrected, we do not guarantee the accuracy of any content. The material
contained on this Website may contain inaccuracies and typographical errors.
You agree that we have no duty to screen content that is provided to the
Website by you or others, nor are we liable for such content. We have the
right, at our sole discretion, to refuse to post or to edit submitted content.
We reserve the right to remove content for any reason, but we are not
responsible for any failure or delay in removing such material. Changes are
periodically made to the Website and may be made at any time period. 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
data that results from the download of any such materials.
21. Limitations
Spleeff
products and services, and this website, are provided on an "As is"
and "As available" basis. Use of the foregoing is at your own risk.
To the maximum extent permitted by applicable law and to the extent not covered
under the limited warranty, Spleeff expressly disclaims any and all express
warranties of any kind, and limits the duration of any and all implied
warranties of any kind (including but not limited to implied warranties of
merchantability, fitness for a particular purpose, or non-infringement),
whether related to use of this website or Spleeff products or services. No
advice or information concerning the use of any Spleeff products, whether oral
or written, obtained by you from Spleeff or through any Spleeff product or
service will create any warranty not expressly stated herein. Without limiting
the foregoing, and except to the extent prohibited by the laws of any state, Spleeff,
its subsidiaries, its affiliates, and its licensors do not warrant that the
content or any information on the website, is or will be complete, accurate,
adequate, reliable, useful, timely, or correct; that the Spleeff products and
services, and this website, will meet your requirements or be free from
defects, including product or device leaking; that the site will be available
at any particular time or location, uninterrupted or secure; that any defects
or errors will be corrected; or that the Spleeff products or services, or this
website, is free of viruses or other harmful components. Any content downloaded
or otherwise obtained through the use of the website is downloaded at your own
risk, and you will be solely responsible for any damage to your computer system
or mobile device or loss of data that results from such download or your use of
the website.
Spleeff
does not warrant, endorse, guarantee, or assume responsibility for any product
or service advertised or offered by a third party through the service or any
hyperlinked website or service, and Spleeff will not be a party to or in any
way monitor any transaction between you and third-party providers of products
or services.
22. Limitation of Liability
To
the fullest extent permitted under applicable law, you understand and agree
that neither Spleeff nor any of its affiliates, agents, directors, employees,
suppliers, licensors, or third-party content providers shall be liable for any
direct, indirect, incidental, special, exemplary, consequential, punitive or
any other damages, including without limitation damages for loss of profits,
goodwill, use, data or other intangible losses, relating to or resulting from:
1) purchase and/or use of any Spleeff products or services; 2) use of, access
to, or inability to use this website; 3) use or inability to use any other
website you access from a link through this website; or 4) any actions we take
or fail to take as a result of email messages you send us; in each case, in an
amount exceeding the amount you paid to Spleeff hereunder or $100.00, whichever
is greater. This limitation of liability includes, but is not limited to,
damages for errors, omissions, interruptions, defects, delays, computer
viruses, loss of profits, loss of data, unauthorized access to and alteration
of transmissions and data and any other tangible or intangible losses. This
limitation applies regardless of whether the damages are claimed under the terms
of a contract, or as a result of negligence, or otherwise arise out of or in
connection with the use, inability to use, or performance of the information,
services, products or materials available from this website, and even if we or
our representatives have been negligent or have been advised of the possibility
of such damages. Because some jurisdictions do not allow limitation of
liability for consequential or incidental damages, all or some of the above
limitations may not apply to you.
23. Subscription Services
To
register for automated shipping of Spleef Products, you must have a valid Spleeff.com
account, be a resident of the United States and provide a valid payment method
(“Subscription”).
By
choosing a Subscription through the Website, you agree to these Terms. Spleeff may amend these Terms from time to time at its
discretion.
By
choosing a Subscription through the website, you authorize us to charge you for
your initial Subscription and for the recurring periodic charges for an
indefinite period of time thereafter. The periodic charges for the Subscription
will be based upon the applicable prices quoted on the website from time to
time, except in cases of obvious error.
When
you sign up for a Subscription, your first Subscription fee will be billed
immediately. Unless we notify you otherwise, the cost for your following
Subscription order will be charged on the date the Products are shipped, unless
you pause your Subscription, cancel your Subscription, or it is canceled by us
in accordance with these Terms. You may change the billing/shipping date by
logging in to your account.
The
charges for each dispatched Subscription shipment will be billed using the
payment method used to create your Subscription or as otherwise directed by
you. If your payment cannot be processed (including reasons such as, but not
limited to, expired credit card date or change of address), you will be
notified via email. Your Subscription will be placed on hold and no additional
orders will be processed or shipped until the problem has been resolved or your
Subscription has been canceled.
Except
where required otherwise by applicable law, all Subscriptions are subject to
standard delivery only.
There
may be occasions when, despite our efforts, we are unable to dispatch your
Subscription. This may include circumstances where any of the Products in your
Subscription have been discontinued. If this occurs, we will give you prior
notice via email to update your Subscription to replace the discontinued
Product. If you do not do this, we will pause your Subscription and you will
receive an email from us to confirm that there has been an issue with your
Subscription and that delivery of your Subscription will not take place. Spleeff
Support will contact you directly to see if they can provide a remedy to the
above Subscription issue. If you have been charged for discontinued Products,
you may elect to receive a refund.
If
a Product is out of stock we will delay dispatch of the Subscription until the
Product is back in stock. If the price of the Products in your Subscription
changes (either increases or decreases) from the date your Subscription is
first placed, we will provide you prior notice via email and seek your express
consent before the price change shall take effect. If you do not consent, your
Subscription will be inactivated/terminated. You have the option to pause your
own Subscription for a certain period. For example, you may wish to do this if
you know that you will be away on holiday. Subject to any minimum commitment
period (see below), you may pause a Subscription for up to 3 months at a time
by accessing your account. After this period, the Subscription will
automatically restart unless you cancel or suspend your account again.
You
have the right to cancel your Subscription and return any unused Products to us
within 14 days of receiving your first delivery under the Subscription, subject
to our standard return policies. Notwithstanding this right, you may cancel
your Subscription at any time by accessing your account.
If
you agree to a minimum commitment period (as notified at the time of starting
the Subscription) and pause or cancel your Subscription before the minimum
commitment period expires, we reserve the right to charge you an early
termination fee as described in the applicable offer. Any offer associated with
a minimum commitment period is subject to availability. Any offer relating to a
minimum commitment period cannot be used in conjunction with any other offer
and has no cash alternative.
24. Miscellaneous
Severability:
A finding that any term or provision of these Terms and Conditions is invalid
or unenforceable will be removed from these Terms and Conditions and will not
affect the validity or enforceability of the remaining Terms and Conditions.
Assignment:
These Terms, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Spleeff without
restriction. Any attempted transfer or assignment in violation hereof shall be
null and void. No waiver by Spleeff of any breach of this Agreement is
effective unless in writing.
You
agree that these Terms and Conditions and the Privacy Policy which are incorporated
by reference, constitute the entire agreement between you and Spleeff with
respect to the Website, your purchases, and your relationship with Spleeff and
that there are no further understandings, agreements, or representations with
respect to the Website that are not specified in these Terms and Conditions.