Terms & Conditions
Custom Hygienics LLC (“Custom Hygienics”)
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CDE CUSTOM HYGIENICS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
ORDER ACCEPTANCE AND CANCELLATIONS
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Custom Hygienics and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing our Customer Service Department at firstname.lastname@example.org.
PRICES AND PAYMENT TERMS
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received in advance, before any product is produced or shipped. We accept payment via credit card, check or wire transfer, subject to our approval. If you are approved to use a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping costs. If any extended payment terms are granted or a chargeback is filed with the credit card processor, there will be a 2% per month service charge for any balance beyond the agreed upon payment date until the payment is received in full, plus a $100 charge for processing the chargeback.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
RETURNS AND REFUNDS
We will accept any standard non-custom, unused product for a refund of the purchase price of the product (less shipping and handling costs) within 15 days of the delivery date to the customer, exceptions are noted below, and provided the product is returned in its original and unused condition. You will be responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. There is a 25% restocking/cancellation fee for cancelled, changed, or returned orders once the order is in production. WE OFFER NO REFUNDS ON ANY CUSTOM PRODUCTS.
We do not refund custom or modified products, accessories or parts used or unused for any reason.
Customer is responsible for all packaging, labor, shipping, and custom option costs incurred prior to cancellation in addition to the restocking fee. The dollar amount of these costs is at our discretion. You must submit a return authorization form to return any product for refund or exchange. We can mail or email you the form upon request. We will not accept any package without a return authorization number. Returned items must have the return authorization number clearly written on the outside of every returned package. Packages without a return authorization number clearly labeled will be refused and returned to sender at sender’s expense. We do not refund shipping and handling charges under any circumstances. We are not responsible for arranging or paying for shipping returns. If any extra charges (accessorial charges) are not paid for at the time of purchase and the shipping company retroactively charges us for these charges, you authorize us to charge your credit card or invoice you for the additional charges.
DAMAGE — MISSING PARTS
You must inspect the products upon delivery and immediately notify us (within 48 hours of receipt) in writing of any damage to any product that occurred prior to your receipt of the product (due to shipping or otherwise) or any missing parts. Your notice may be via email to email@example.com. Your notice must include: your name, order number, and date of receipt and claim, as well as a digital photo of the damaged item or an inventory of missing parts. It will be at our discretion to determine if the damage was done prior to delivery to warrant a replacement or repair or if there were parts missing that need to be sent or refunded. It is also our discretion to determine if you must return the damaged item before it is replaced or refunded. If there is damage done prior to delivery and we determine a replacement is warranted, we will send replacement parts via UPS standard ground service. Faster service will be an additional charge. A damaged or missing part in no way extends our return policy to cover refunding shipping and handling costs or the cost of shipping products back for refund or exchange.
DEFECTS AND DAMAGED RETURNS
Defective and/or damaged products must be returned to us at your expense before any refund will be given. Once returns are received, we will inspect for damage or defect. If we determine that the damage or defect occurred before it left our facility, we will determine if they warrant a refund or a replacement and the amount of the refund or replacement. Acceptance of a return from an outside carrier (ie. FedEx or UPS) does not mean we agree the products are in acceptable condition for a refund or replacement. Returns may take up to 2 weeks to complete inspection and processing. Once returns are opened and inspected, any part in unacceptable condition, or determined to have been damaged by you, will be deducted from the return amount. Unacceptable items will be deducted from the refund amount at the full retail price. We will determine, in our sole discretion, if the parts are in acceptable condition or missing and the rate at which individual parts are deducted. We will not refund products damaged caused by you including but not limited to damage incurred while shipping the product back to us. We will not accept returns for used items unless it is a product defect. Our print material, website, etc. may differ significantly from actual color of products. It is at our sole discretion to determine if products are within the standard tolerance for color variation or if a replacement or repair must be made with regard to color.
You assume all risks and liabilities arising from or in connection with selection and the use of the products, including in combination with other materials. By acceptance of the product(s), you shall and agree to indemnify, defend, hold harmless us and our affiliates and their respective representatives from any and all losses, liabilities, damages or claims of any nature or kind, including the payment of attorney’s fees, other than those attributable to our sole negligence, which shall arise or grow out of (a) any breach by you or your affiliates or any of their respective representatives of any term or condition of the transaction to which these terms apply, (b) any injury to or death of any person or animal or damage to any property caused by or resulting from the use or sale of the product(s), (c) claims for patent infringement by reason of your use of the product(s), whether used singly or in combination with other product or material, or in the operation of any process, and (d) any use of the products not in conformance with our directions provided before or after delivery (including reformulations). Your duty of indemnification shall survive any termination of the terms or consummation of the sale to which these terms apply. In addition, your duty of indemnification hereunder is in addition to any duty of indemnification contained in any other agreement.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- improper use;
- failure to follow the product instructions or to perform any preventive maintenance;
- combination or use with any products, materials, chemicals, processes, systems or other matter not provided or authorized in writing by us;
- surface blemishes;
- unauthorized repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
This limited warranty starts on the date of your receipt of the product and lasts for six months, or the life of the product, whichever is shorter, the “Warranty Period“. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. You acknowledge that the average life of our product during normal use is 3-6 months.
What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i)] repair or replace such product free of charge or (ii) refund the purchase price of such product.
Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. 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.
What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed below is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
GOODS NOT FOR RESALE OR EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW AND JURISDICTION
The terms and provisions hereof, and all matters arising hereunder or in connection herewith, shall be construed in accordance with the laws of the State of Nebraska, without application of its conflict of laws rules. Any suit, action claim or proceeding between the parties relating to the transaction to which these Terms apply shall be commenced and maintained exclusively in the courts located in and with jurisdiction over Douglas County, Nebraska. THE PARTIES EACH WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION, CLAIM OR PROCEEDING RELATING TO THESE TERMS.
COSTS AND ATTORNEY FEES
In the event we bring any action arising from this sale, whether legal, equitable or otherwise, and prevail to any extent on the same, you shall pay our costs of such suit, and any appeal, including without limitation all attorneys’ fees, expert witness fees and costs.
DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND CUSTOM HYGIENICS LLC DBA ADAMS LEAF ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CUSTOM HYGIENICS LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
It is your responsibility to evaluate the products for the safety, security, and well being. We are not responsible for damage arising from your use of the products or any consequences resulting from any such incident.
Assignment You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Custom Hygienics LLC.
No Third Party Beneficiaries These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to firstname.lastname@example.org, or (ii) by personal delivery, overnight courier or registered or certified mail to our address as provided in the Site. We may update the email address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.