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When you use our website as a shopper ("User") the terms of the above paragraphs shall apply. As a User, you will be allowed to shop with us. In addition You should be advised that other terms apply to your shopping experience.
Return Policies
America, UK and Japan Market Return Policy (for product sold on our web site only)
Most items purchased through our web site may be returned for a full refund, less shipping charges, within 30 calendar days of the date they were shipped to you. Food, custom ordered items and gift cards cannot be returned for a refund for any reason.
If an item was in a plastic bag or shrink wrap when sent to you, in must be unopened and still in the plastic bag or shrink wrap;
While we make every effort to ensure the accuracy of each order, occasionally there may be a discrepancy in your order. Please take a minute to inspect your order thoroughly when you receive it. If an error is found please contact us.
Limitations on Liability.
You agree that we are not responsible or liable for (i) the availability or accuracy; or (ii) the content, advertising or products or services on or available from other links sites. You use the links at your own risk. Our Terms of Use and Privacy Policy only apply when you are on our site. Once you link to another website, you should read and understand that website's terms of use and privacy statement before shopping or disclosing any personal information.
Product Information.
Product information and prices are provided by merchants and/or third party sources. We will do everything we can to ensure the accuracy of the product information or prices displayed, but occasionally, errors occur. Please notify us of any information or pricing inaccuracies so that we may immediately notify the merchants to correct the problem. We apologize for any inconvenience this may cause.
ELECTRONIC COMMUNICATIONS
We may communicate with you regarding the services we provide by electronic communications, including sending electronic mail to the email address you provided during registration; posting notices or communications on our Site and communicating with you via authorized third parties (such as Facebook). You agree that we may communicate with you by means of electronic communications regarding these Terms of Use, notice or disclosures regarding our Site, payment authorizations, and any other matter relating to your use of our Site.
MOBILE
There are features of our Site that may be accessible via certain mobile carriers (the "Mobile Services"). While we currently do not charge for these Mobile Services, your carrier's normal messaging, data and other rates and fees will still apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event You change or deactivate your mobile telephone number, You agree to promptly update your account information on our Site to ensure that your messages are not sent to the person that acquires your old number.
Termination and Effect of Termination
You agree that We may at any time without notice or cause refuse service, terminate any rights granted herein, terminate accounts and/or cancel orders or portions thereof in its sole discretion, including, without limitation, if We determines that any User conduct violates applicable law or is harmful to the interests of We or our Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on our Site or by sending a communication to any address (email or otherwise) that we have for You in our records. You will still be liable for any breaches of this Agreement and/or obligations incurred before the Agreement ends. If you continue to use our site after termination of the Agreement your continued use will constitute your agreement to the terms and conditions then posted on our Site. The provisions entitled "Ownership of Content and Submissions", "Limitation of Liability", "Ownership; Proprietary Rights" "Indemnity", "Disclaimer of Warranties" and the Privacy Policy will survive termination of this Agreement.
Indemnity
As a condition of your access to and use of our Site, you agree to hold our Site and our web site, and its subsidiaries, affiliates, partners, and parent companies, and all other corporations into which it merges or to whom it is otherwise acquired or sold, in whole or in part, its officers, directors, employees, agents, attorneys, partners, Shop Consultants and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to:
(i) your access to and use of our Site and the content therein;
(ii) your violation of this Agreement (including terms incorporated into them, e.g., the Privacy Policy and any Supplemental Terms), and any applicable law or the rights of another person or party;
(iii) any dispute You have or claim to have with one or more Users of our Site;
(iv) our web site's resolution (if any) of any dispute You have or claim to have with one or more Users of our Site;
(v) your improper authorization for our web site to collect, use or disclose any data or Content provided by You; and
(vi) any disclosures made with your permission (including, without limitation, your consent that our web site disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, You fully understand and agree that:
DISCLAIMER OF WARRANTIES.
USE OF THE SITE IS AT YOUR OWN RISK. OUT WEBSITE, FEATURES, PRODUCTS, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW our web site DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEMS INTEGRATION.
LIMITATION OF LIABILITY.
OUR SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. TO THE EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR SITE , INABILILTY TO USE THE SITE, ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARY MATERIALS MADE AVAILABLE ON, IN CONJUNTION WITH OR THROUGHT THE SITE, EVEN IF OUR WEB SITE OR A OUR BRAND AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES. TO THE EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF OUR SITE TO YOU FOR ANY DAMAGES (REGARDLESS OF REASON THEREFORE) WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY ACTUALLY PAID BY YOU DURING THE EIGHT.
APPLICABLE LAW.
Any dispute that may arise between You and We including, without limitation, claims for enforcement, breach or violation of duties or rights under these Terms shall be governed by and adjudicated under the laws of the State of North Carolina, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Guilford County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of our Site.
*New our customers will receive $5 in our web site Cash back, good for future use, when the first order we receive is a qualifying purchase of $25 or more. Purchases must be made from our web site and meet all additional requirements. Simply enter your email address on the overlay window on our web site, register for a our web site account and make a qualifying purchase of $25 or more. We will credit your account with $5 our web site Cash back once we get the order information back from the website partner stores. Cash back is awarded on the first purchase received by our web site; which may not be the first order placed by the customer. To access and redeem awarded cash back, you’ll need to register for a our web site account.
When You register on our web site, you will be enrolled in the Cashback program. The Cashback program allows you to get 2% or greater cash back for your qualifying purchases, and, when you refer your friends, to also receive .5% cash back on the qualifying purchases your friends make. Cashback is calculated on total qualifying purchases, excluding taxes. The cash you earn can be used as a payment option to pay for products available through the checkout on our web site. Additionally, you may request redemptions from your account, subject to then-current minimum redemption requirements (currently $10 USD in USA and $15 CAD in Canada, AUD$15 in Australia and MEX$200 in Mexico).
Users will be credited, subject to this Agreement and additional terms disclosed on the Participating Stores site, a percentage of the Net Purchases of qualifying products sold by third-parties that display the Cashback logo ( Participating Stores ). Net purchase is defined as the total amount paid for the product, minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees (except where indicated otherwise). We reserves the right, in its sole discretion, to determine which products will display the Cashback logo.
Participating Stores are responsible for reporting qualifying purchases (and related returns, refunds and/or coupon use) to us. Participating Stores may not report your purchase to us if they determine that your purchase did not qualify for cash back because you did not comply with this Agreement or additional terms disclosed on the Participating Store's site, or if the Participating Store determines that you were not referred to the Participating Store by our web site. We may also disqualify reported purchases based on our own determination that you have not complied with this Agreement or the terms disclosed on the Participating Store's site.
Qualifying purchases from Participating Stores will stay in pending status until cleared by the Participating Store, to account for returns, refunds, fraud, and other processing issues. After this point, if the purchase is eligible, it will be marked as "available" in your account and the associated cash back rewards will be eligible for redemption. It is your responsibility to ensure that we properly post cash back rewards to your account.
We is not responsible for changes to, or discontinuance or withdrawal of, any Participating Store's participation in the Cashback program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. If a Participating Store fails to report a transaction to us, or withholds payment to us for any reason, We reserves the right to cancel the cash back award associated with that transaction. Cash back rewards awarded to Users are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to your account at any time by We in its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Cashback program.
You will not earn cash back on purchases where (a) your browser is not configured to accept cookies; (b) you are not logged in on our web site; (c) the order is later cancelled or the goods or services are later returned; (d) the Participating Store does not report the purchase to us; or (e) you conduct "sham" transactions or otherwise collude with merchants), make any misrepresentation in connection with your participation in Cashback, maintain multiple accounts, or do not otherwise comply with these Terms.
Cash back rewards have no monetary value until the associated purchases are approved and you make a proper redemption request. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
We reserves the right to terminate the Cashback program at any time with notice. Notification of termination will be sent to the email address you provide to us during the User registration process.
Cashback is available for orders placed via our UK site and our ES site.
SHOP Local In addition to the rules above, earning cashback with the SHOP Local program requires that the credit card used for the transactions be linked to SHOP Local before a transaction occurs. Cashback percentage is calculated at the time the card is charged / swiped (at this time some merchants do have Time Based Offers). When the SHOP Local program cashback is calculated, your percentage cashback is based on your sub-totaled bill, excluding tips and sales tax whether it was charged or not. Cashback will be awarded for transactions where the card is linked, the credit card expired and has a new card number that is linked, on any PIN based transactions, or where third party ordering and delivery services are used. Transactions that are more than 30 days old be credited and cashback will be awarded.
2017/3/14
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