Date of Last Revision: 4/4/2017
Welcome! This website (the “Website”) is a member of the Internet properties owned and operated by Klaxon Consulting LLC (“We,” “Us” or “Company”) on the terms and conditions set forth below.
We reserve the right to alter or discontinue any products or services offered by or through this Website or to amend or change this Agreement at any time. Such changes, alterations, amendments or discontinuances shall be effective immediately without further notice thereof, so please check regularly for the date of the last update (above).
2. WEBSITE ORDER TERMS
When you place an order from our Website, you will be presented with the total amount of all relevant charges which will vary depending upon your order. For example, on all orders you will clearly see the product cost, the shipping and processing cost, any discounts, and, if applicable, the sales tax cost. Please note, by law we must collect sales tax on all orders placed by residents of Arizona.
3. ORDER PROCESSING AND SHIPPING TIMES
Your order will be processed and shipped within 24 hours (1 business day) from the date of order. Normal operating business hours are Monday – Friday, 9am – 6pm EST (excluding holidays). For any products not in stock at the time of your order shipment will be processed immediately upon receipt of the product. Shipping times will vary depending upon the selected shipping option.
4. APO, FPO &PO BOX ADDRESSES
Orders being shipped to APO, FPO or PO Box can incur additional shipping times. We estimate 10-12 business days for delivery once the order has been shipped; however, some destinations may take longer.
5. 12-DAY TRIAL
When you receive your Tumbler, you begin a TWELVE-DAY TRIAL of the product. The date of receipt will be the date your Trial product(s) is delivered as determined by the tracking system of the shipping service used by the Company.
DURING THE 12-DAY TRIAL PERIOD IF YOU DO NOT WISH TO PURCHASE THE TUMBLER, PLEASE CONTACT OUR CUSTOMER SUPPORT DEPARTMENT AT 1-866-945-9083 OR firstname.lastname@example.org. YOU MAY CANCEL AT ANY TIME DURING THE TWELVE-DAY TRIAL PERIOD WITHOUT OBLIGATION - YOU WILL NOT BE CHARGED FOR THE PRODUCT.
With our One Year Guarantee – if your IBEX is damaged or you don’t think that it’s working to keep drinks cold or hot, we allow you to return it for a replacement or a refund of the purchase price, less any shipping & handling charges. But, in order to return it, you will first need to obtain a “Return Merchandise Authorization” (RMA) number.
To obtain an RMA number, please contact our customer service department at 866-945-9083 or RMA@ibextumbler.com. Your RMA number will be generated and emailed to you immediately (Please be sure to check your Spam folder.)
Please allow 10 business days to process your return. We will send you a confirmation email that we received your product and we will send you an email when your replacement has shipped or your refund has been issued.
We will not process, accept, or exchange product marked "Return to Sender" or product that does not include your RMA number. Without an RMA number on your package, we will be unable to associate the returned product with your account.
To ensure that your account is correctly noted, you must send back product returns to the address provided below along with your RMA number written clearly above the address as exemplified below. Please be sure to write your RMA number legibly in order for us to properly apply it to your account. Returned Products must be sent to the following address:
c/o FSI Fulfillment, 7800 The Bluffs, Suite C
Austell, GA 30168
7. CUSTOMER SERVICE INFORMATION
To contact our Customer Service Department, please email email@example.com. Please allow 24 hours for our Customer Service Department to respond to your inquiry. Your inquiry will be processed in the order it was received. You may also contact Customer Service by calling 866-945-9083.
7. BILLING ERRORS
If you believe that you have been billed in error, please contact our Customer Service Department at firstname.lastname@example.org or 888-504-5625 immediately. Please allow 24 business hours for our Customer Service Department to respond to your inquiry. Your inquiry will be processed in the order it was received. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within 30 days of its appearance on your credit/debit card account statement.
8. BILLING ERRORS
If you believe that you have been billed in error, please contact our Customer Service Department at email@example.com or 866-945-9083 immediately. Please allow 24 business hours for our Customer Service Department to respond to your inquiry. Your inquiry will be processed in the order it was received. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within 30 days of its appearance on your credit/debit card account statement.
9. OUR REPRESENTATIONS; PRODUCT DESCRIPTIONS
It is our Company mission to provide our customers with the finest products available. We want you to have the most accurate information concerning the product. The information we communicate to you about a product and/or its efficacy is obtained from manufacturers, independent third parties such as educational institutions, scientific news articles and agencies, scientific reports and researchers ("Information Sources"). We do not warrant or represent that any Information Source is error free, nor do we warrant any Information Source nor the methods that they use to arrive at their conclusions. All product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the product will conform to such specifications or performance data.
10. YOUR REPRESENTATIONS
You represent that you are at least 18 years of age. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the product only extend to you on the understanding that you are the end user and not a reseller of any product. We do not authorize you to resell, redistribute or export any product that you order from the Website. You agree to pay for the product and any taxes, shipping or handling of product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
11. LIABILITY LIMITATION/DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE PRODUCTS YOU ORDER AT OR THROUGH THIS WEBSITE ARE SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to defend, indemnify, and hold harmless Company, its officers, managers, directors, members, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, losses, liabilities, expenses, costs, or demands, including without limitation, legal and accounting fees, for all damages directly, indirectly, and/ or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full compensation from you.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, cash back points, product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company's business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
16. SALES TAX
If you purchase any products available on our Website, you will be responsible for paying any sales tax indicated on the Website.
17. INTELLECTUAL PROPERTY RIGHTS
The Website, its content and compilation of content is owned by Company or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, the Berne Convention and the copyright laws of other countries. All content, logos, designs and icons, unless noted otherwise, are proprietary to Company or its affiliates or agents. The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Company, its affiliates' or its third party information providers' copyrights and other proprietary rights.
Choice of Law/Venue/Dispute Resolution: This Agreement is governed by and construed under the laws of the United States and the State of Arizona. The federal and state courts of Maricopa County have exclusive jurisdiction to adjudicate any non-arbitrable matter arising out of this Agreement. Any dispute arising under or relating to the Website, any product ordered or purchased at or through this Website, or this Agreement shall be first submitted to non-binding mediation at JAMS, Phoenix, AZ before a mutually agreed upon mediator. If the parties cannot agree upon a JAMS mediator, either party may petition the court for appointment of a JAMS mediator. If mediation fails to resolve the dispute, it shall be decided by arbitration at JAMS Phoenix, AZ, before a mutually agreed upon arbitrator. If the parties cannot agree upon a JAMS arbitrator, either party may petition the court for appointment of a JAMS arbitrator. The arbitration will be conducted in accordance with the then prevailing commercial arbitration rules of the AAA. Claims subject to this mandatory arbitration clause cannot be asserted through a class action or analogous group arbitration action.
Assignment: This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor or related entity. Customer may not assign without the written permission of Company.
Severability: If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions of Use will continue in full force and effect.
Attorneys' Fees: In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
No Waiver: No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Headings: All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Modifications: Company reserves the right to change any of the provisions posted herein and you agree to review the date of last revision of these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.
Thank you! We hope you enjoy your shopping experience!
© 2017 Klaxon Consulting LLC. All rights reserved.