Terms & Conditions
TERMS AND CONDITIONS OF SALE
BY CLICKING ON OR NEXT TO THE "ACCEPT," "I AGREE" OR SIMILAR BUTTON OR CHECK BOX OR BY PURCHASING ANY PRODUCT FROM Absorbeez LLC, INCLUDING THOSE WHICH ARE SOLD ON www.Absorbeez.com (“WEBSITE”) YOU ("YOU") AGREE TO THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT"), WHICH APPLY TO THIS SALE. YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING AGREEMENT BETWEEN YOU AND ABSORBEEZ LLC, A WYOMING LLC ("US" OR "WE"). YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THIS AGREEMENT.
Sale Authorization And Payment Terms
By providing your credit card, debit card, PayPal, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website, or the agreed price for sales not made through our Website, at the time of purchase for all goods You purchase, and all other stated shipping costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You have clicked the submit button or otherwise have authorized the payment.
All pricing is in United States currency (USD) unless otherwise stated. All listed prices do not include shipping and handling charges unless otherwise indicated. You agree to pay all charges that may be incurred by you or on your behalf through our Website, at the actual price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges.
All sales are subject to product availability and we may revise and discontinue any product at any time without notice to You (which may affect any information saved in any saved searches or your shopping cart). We also reserve the right, with or without prior notice to You, to: i) limit the available quantity of or discontinue any product; ii) bar any Website user from making any or all transaction(s); iii) refuse to provide any Website user with any product we sell; and iv) limit quantities on orders placed by the same user (or account), the same credit card, or orders that use the same billing and/or shipping address.
If an item you've ordered is unavailable, your order will be placed on backorder and we will e-mail you the estimated arrival time. After receipt of our email, You can elect to wait for the item, or You may cancel your order by responding and requesting that the order be cancelled and we will provide a full refund.
Accuracy of Materials
We make every effort to describe and display our products accurately on this Website. However, items may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout this Website or other delays beyond our control. ACCORDINGLY, WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS WEBSITE RELATING TO PRODUCT PRICES, EXACT PRODUCT COLORS, DESCRIPTIONS, SHAPES OR SIZES AS DEPICTED ON THIS WEBSITE OR REGARDING PRODUCT AVAILABILITY. WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE. Product dimensions including weight and/or other size and absorbent-capacity measurements may not be exact and are provided for illustrative purposes only. Absorbent-capacity measurements refer to absorbency of freshwater. Please review any important information or disclaimers specific to any given product we sell, referenced in the product description. By accepting the terms of this Agreement, You acknowledge and agree that You have read any such specific product disclaimer or other important information relating to your purchase.
Title to Products And Risk of Loss
Title to products shall pass to you upon delivery to you or your property by the shipping carrier. In the event that goods arrive damaged or do not arrive, we will refund or replace the goods at no charge to you. In such an event, you must notify us by phone at +1 (844) 201-9871 or by email at email@example.com Failure to do so within seven days of the date of dispatch will render any obligation by us to refund or replace the goods null and void.
We will ship any items you purchase within 2 business days from the date ordered. All costs of Shipping, handling and any sales or value added tax required to be collected by us will be additional costs to You unless otherwise expressly indicated at the time of sale. All shipping times listed on this Website are only estimates of the expected number of business days it will take for in-stock merchandise to be shipped from our facilities and delivered to You ("Business days" means Monday-Friday, excluding holidays) . In some cases, merchandise may actually ship earlier than expected. We will inform You by email if stock levels are such that the shipping times cannot be met.
An initial confirmation email may be sent to You after successfully placing an order. However, any confirmation you receive from us does NOT mean your order request has been received or that your order has been accepted or shipped, as this is an automated email confirmation. Once your order request has been successfully received and your item has been shipped, You will receive an email confirmation of the shipment.
Taxes And Other Charges
Unless otherwise indicated, You are responsible for paying any applicable sales (use) taxes or any other similar tax required to be paid by the state, province or territory in which You reside or any custom duties and associated fees or VAT taxes required to be paid by You due to your purchase of any product(s) from Absorbeez LLC. If we are required to collect any taxes at the point of sale, then all applicable taxes will be added to the purchase price and You agree to pay the same, unless You provide us with a valid and correct tax exemption certificate applicable to your purchase.
You may return any product purchased on this Website for any reason. You must notify us by phone at +1 (844) 201-9871 or by email at info@Absorbeez.com of your intention to return the product, in order to gain a return number. Failure to follow these return instructions shall render any obligation by us to refund your purchase price null and void. Returns will only be accepted if the goods were ordered through Absorbeez LLC directly. Goods ordered through distributors, agents or other resellers will not be accepted for return.
All returns must be shipped (postmarked) to us no later than 30 days from the delivery date otherwise any obligation by us to refund your purchase price shall be rendered null and void. We will refund the purchase price of the returned product(s) upon receipt and inspection of your return shipment, less all shipping and handling charges. All products must be undamaged and returned in the un-opened, original packaging of such product(s) without any signs of wear and/or use and must include all documentation, media or all other separate items or components that were included in the original shipment. You will be responsible for all return shipping costs unless as expressly stated otherwise in this policy.
Notwithstanding the terms and conditions contained in our Returns Policy, custom items may only be returned if they are damaged at the time of shipment, are incorrect or are missing any components included with your purchase of such items upon delivery to You.
You must notify us within 30 days of the delivery date if any items (or components) You have purchased are missing, incorrect or are damaged. Upon notification by You, we will send you an email with return instructions and You must follow those instructions, or we reserve the right to refuse to accept any return shipment by You. Upon our receipt and inspection of the same, we will then promptly send You any missing or replacement items or components. You agree that our correction of the same shall be your sole remedy in the event You receive any missing, damaged or incorrect items from us.
No cancellations of any existing orders shall be permitted under any circumstances, unless otherwise stated in this Agreement.
Changes To Existing Orders
No modifications to any existing orders will be permitted other than additions to any existing order. In the case of any requests for product additions, such additions shall be subject to product availability and may not be able to be shipped within the same time-frame as your original order in some cases. Any product additions will be shipped within the time-frame stated on this Website applicable to all shipments, measured from the date You make any modification request. Extra shipping fees may be incurred.
We may provide products and/or certain services through this Website under the terms of a separate agreement with You, such as license agreements etc. (each hereinafter referred to as an "Other Agreement"). The terms and conditions governing your purchase and use of specific products not related to this transaction are contained exclusively in such Other Agreements. This Agreement shall not be deemed or construed to alter the terms of any such Other Agreements.
Our Intellectual Property
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. This includes any product names appearing on this Website whether marked or unmarked by us. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State, Province, Territory and/or Federal law.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website, unless otherwise stated.
Limited Warranty and Disclaimer
AS FAR AS YOUR STATE, PROVINCE OR TERRITORY PERMITS, ABSORBEEZ LLC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO SAID GOODS, EXCEPT AS SPECIFICALLY SET FORTH HEREIN.
The duration of this express limited warranty for products purchased from Absorbeez LLC is 180 days from the date of purchase.
This limited warranty covers any defects in material or workmanship during the warranty period. During the warranty period, Absorbeez LLC will replace, at no charge, or offer a refund on, items that prove defective under normal use (see Instructions) because of improper material or workmanship. It only applies to items purchased from Absorbeez LLC directly and not from its distributors, agents or other resellers, unless the terms and conditions of the contract between you and the distributor, agent or other reseller explicitly state that this limited warranty continues to apply. Absorbeez LLC’s obligations under this warranty shall be limited to replacement of a defective item or refund of the value of that item and shall not extend to refund or replacement of undamaged items which were sold in the same pack as the defective product, or reimbursement for any losses that result from incidental or consequential damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This warranty does not cover any problem that is in the view of Absorbeez LLC caused by conditions, malfunctions or damage not resulting from defects in material or workmanship, including but not limited to loss or theft of a product, damage resulting from force majeure or damage resulting from use, storage or handling of the product that is not in accordance with the Instructions.
Absorbeez products are designed to help minimize the risk of flooding. They may not prevent flooding and Absorbeez LLC will not be responsible for any direct or indirect damage resulting from flooding or water intrusion. Additionally, Absorbeez LLC makes no warranties that its products are fit for a particular purpose, of title, or of non-infringement of third party rights. Use of the product is at the user’s risk and Absorbeez LLC shall bear no responsibility for damage to property arising out of the use of any products sold by Absorbeez LLC.
This warranty gives you specific legal rights, and you may also have other rights which vary between states, provinces and territories. If you believe Absorbeez LLC has not performed as stated in this warranty, please refer to our ‘Terms and conditions of Sale’, section Miscellaneous ‘D’ for information on dispute resolution.
To claim under this warranty, send an email to firstname.lastname@example.org, or call +1 (844) 201-9871 to obtain a claim number. Photographic evidence of the defect and/or a physical inspection of goods by Absorbeez LLC may be required prior to Absorbeez LLC agreeing to refund or replace the item.
LIMITATION OF LIABILITY
YOU AGREE THAT WE OR ANY OF OUR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, ITS SUCCESSOR'S AND/OR ASSIGNS, IF APPLICABLE, SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE SECTION1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to You. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as is allowed under any applicable laws.
Information Security Policy
We use reasonable, industry standard security measures to protect your personally identifiable and billing information during transmission to this Website. For instance, when you provide any credit card or other billing or shipping information through our checkout process, we encrypt that information using secure sockets layer (SSL) encryption technology. We make no guarantee, warranty or representation that your name or email address, or any other Identity Information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
B. Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Arbitration. Any and all claims, disputes or controversies of whatever kind and nature, whether pre-existing, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association ("AAA"), or if you are in Canada the then-current rules of the Canadian Arbitration Association (“CAA”), and shall be administered by the AAA or the CAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state, federal or provincial court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard in the State of Wyoming for United States residents and in the Province of Alberta for Canadian residents. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney's fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA or CAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one year period, You agree that any such claim (or claims) shall be waived and are hereby released by You and You shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.
E. Venue/Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement may only be brought if you are a resident of the United States of America exclusively in a court situated in the State of Wyoming and if you are a resident of Canada, in a court in the Province of Alberta and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of the sale the subject of these terms. This Agreement shall be construed and enforced in accordance with the laws of the State of Wyoming for United States residents and for Canadian residents the laws of the Province of Alberta will be enforced, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods or any other uniform International trade laws.
F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party's control.
H. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
I. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
J. Survival. Any provisions in these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.
K. No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
L. English Language. The English language version of these Terms & Conditions shall prevail if there is a conflict between the English language version of these Terms & Conditions and a version of these Terms & Conditions in a language other than English.