NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE EXTENT THAT CONSUMER PROTECTION OR LOCAL LAWS OR REGULATIONS GRANT YOU MANDATORY OR STATUTORY RIGHTS, THIS AGREEMENT SHALL ONLY LIMIT SUCH RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS OR REGULATIONS.
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SELLER IDENTITY
- The seller on record for all contracts for the purchase and sale of Whoobli products from the Website is Jeffs’ Brands Holdings Inc. (“Whoobli” “we”, “our” or “us”). Whoobli will process your order, take your payment and approved carriers will deliver your orders.
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PLACING AN ORDER
- To place an order, we will require you to provide some compulsory information such as your contact information, shipping address, payment information and your phone number if you wish for us to save your information for a faster checkout. Please see our Privacy Policy [https://www.whoobli.com/pages/privacy-policy] and Cookie Policy [https://www.whoobli.com/pages/cookie-notice] for more information on what personal information and how that personal information will be used and stored.
- You confirm that all information and details provided by you to us is true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by contacting us at hello@whoobli.com.
- ACCEPTANCE OF YOUR ORDER
- Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order (“Confirmation Notice”). Our acceptance of your order will take place only when we dispatch the product(s) that you ordered from us. This will be no later than fourteen (14) business days after we have received payment from you. Prior to dispatch of the product(s), Whoobli has the right to decline an order at its discretion and for any reason (for example, this may happen for legal or regulatory reasons or for reasons related to availability or stock). Whoobli shall have no liability to you as a result of such refusal of any such order submitted.
- Whoobli may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
- The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to report receipt of damaged or incorrectly supplied goods.
- If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible, but in any event no later than fourteen (14) business days after receipt of your payment. Please note that Whoobli is not responsible for shipping delays incurred by the currier. Any refunds will be given by Whoobli and will be made to the debit/credit card account provided when you placed your order.
- If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Whoobli and the approved carriers have the right to stop or cease to fulfil the order at any time, including after dispatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that Whoobli and the approved carriers shall not incur any liability in such circumstances.
- PAYMENT
4.1. Prices for the products are available at www.whoobli.com but the following concepts are excluded from the price of the product and shall be added to the total amount before finishing the order: (i) applicable local taxes, (ii) duty charges that may be applied at the discretion of customs (and these charges differ from country to country and are the customer's responsibility), and (iii) shipping fees.
- You may pay via our third party payment processors (for example, Shop Pay, debit card, credit card or another alternative payment method specified as part of the checkout process that we offer. The availability of a certain payment method may depend on your geographical location. Whoobli may change the prices and the payment methods at any time but this will not affect orders with respect to which we have already sent you a Confirmation Notice. Payment shall be made in United Stated dollars (US$) or any other available currency that may be available. To the maximum extent permitted by law, you hereby represent that you are providing true and accurate information and that you are an authorized user of the chosen payment method.
- If you place an order on our Website, then you acknowledge and agree that: (i) Whoobli will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent or have the relevant rights to do so; (iii) that Whoobli may use tools, software or services of payment processors to process transactions on their behalf; and (iv) if your payment is not received by Whoobli for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that Whoobli reasonably prescribes.
- DELIVERY
- Whoobli may choose the carriers at its discretion. Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. If no fixed date or timeline has been agreed upon, Orders are shipped within seven (7) business days of our Confirmation of your Order. Please note that Whoobli is not responsible for shipping delays incurred by the currier. Within two (2) business days after Whoobli delivers the products to the carrier, Whoobli will send to you the tracking number.
- Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, Whoobli reserves the right to deduct the cost for returning products to the Whoobli returns center from the customer's refund for the order.
- All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
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DELAYS
- Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but, to the maximum extent permitted by law, Whoobli shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.
- REFUND AND/OR RETURN POLICY
- We start processing Orders as soon as they are submitted via the Website and therefore, to the maximum extent permitted by law, we are unable to change or cancel Orders once acceptance is notified to you (e.g., by email). This includes changes to products, payment method, shipping address, and shipping method. You may have cancellation rights governed by local legislation. Nothing in these General Terms and Conditions of Sale will affect these statutory rights.
- Unless otherwise required by applicable laws, we do not offer refunds, returns, or exchanges. All Orders are final. Please note that to the maximum extent permitted by law, Whoobli reserves the right to refuse all returns, reshipments, and refunds.
- You must check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery, then you have 15 days to send us a request which shall include a note with the details of any damage or error in supply on the delivery and you must send us pictures or any other proof of your allegations.
- In the case of damaged or incorrectly supplied goods, we may offer you a refund or send you a replacement of the damaged or incorrectly supplied goods. Any refunds will be given by Whoobli and will be made to the debit/credit card account provided when you placed your order.
- PRODUCT AND SERVICE DESCRIPTIONS
- We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
- Orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- All prices are displayed in US dollars and do not include applicable local taxes, duty/custom charges or shipping fees;
- Packaging may vary from that shown on the Website;
- The weights, dimensions, descriptions and capacities shown on the Website are approximate and are provided for convenience purposes only;
- The images of the products on our Website are for illustrative purposes only. We try hard to portray the items on our website accurately, however slight variations may occur;
- All items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available.
- Please note the age descriptions in the packages and do not allow children below the recommended age limits stated there.
- LEGAL COMPLIANCE, INTELLECTUAL PROPERTY
- You agree that you will not use, sell or supply any product(s) purchased from Whoobli in an unlawful manner and, in particular, will comply with all export controls and sanctions rules. All right, title and interest to any intellectual property rights/copyrights/industrial property rights embodied in the Whoobli products, services and Websites, and all related documentation, protocols, inventions, works of authorship, derivative works, patents, developments or improvements thereof (“intellectual property rights”) shall remain with Whoobli. Any rights not expressly granted in these Terms are hereby reserved by Whoobli. For the avoidance of doubt, you acknowledge that you are not granted any right or license (whether by implied license, estoppel, patent exhaustion, operation of law, or otherwise) regarding any of Whoobli’s intellectual property rights.
- LIMITATION OF LIABILITY; LIMITED WARRANTIES
- Nothing in these General Terms and Conditions of Sale limits or excludes our liability for any matter that cannot be limited or excluded by applicable law. Nothing in these General Terms and Conditions will affect your statutory rights.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU IF WE ARE PREVENTED OR DELAYED FROM COMPLYING WITH OUR OBLIGATIONS UNDER THESE GENERAL TERMS AND CONDITIONS OF SALE BY ANYTHING YOU (OR ANYONE ACTING ON YOUR BEHALF) DO OR FAIL TO DO OR DUE TO EVENTS WHICH ARE BEYOND OUR REASONABLE CONTROL OR WHERE PROCESSING YOUR ORDER WOULD VIOLATE APPLICABLE LAWS OR REGULATIONS. WE ACCEPT NO LIABILITY FOR ANY LOSSES OR DAMAGES WHICH ARE NOT REASONABLY FORESEEABLE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE (INCLUDING, FOR EXAMPLE, REGARDING ACCIDENTS, ACTS OF GOD, ACTS OF THE PUBLIC ENEMY, EARTHQUAKES, FIRE, FLOOD, STRIKES, RIOTS, CIVIL COMMOTION, WAR (DECLARED OR NOT), SHORTAGE OF ENERGY OR WATER, POWER FAILURE). THE DELAYED PARTY SHALL SEND WRITTEN NOTICE OF THE DELAY AND THE REASON THEREFOR TO THE OTHER PARTY AS SOON AS POSSIBLE AFTER THE PARTY DELAYED KNEW OF THE CAUSE OF DELAY IN QUESTION.
- You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE CANNOT ACCEPT LIABILITY FOR DAMAGE TO PRODUCTS WE HAVE SUPPLIED WHICH IS CAUSED BY YOUR FAILURE TO FOLLOW THIS ADVICE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN ANY EVENT WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING (WITHOUT LIMITATION) LOST DATA, LOST PROFITS, LOST REVENUES OR BUSINESS INTERRUPTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF WHOOBLI UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO WHOOBLI UNDER THE PURCHASE ORDER IN WHICH THE LIABILITY AROSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOREGOING EXCLUSIONS AND LIMITATION SHALL APPLY EVEN IF WHOOBLI HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS, EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHER CONTRACT OR TORT LIABILITY.
- EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND IN CONNECTION WITH IN CONNECTION WITH A PRODUCT, ITEM, THE WEBSITE AND/OR THE SERVICES PROVIDED IN THE WEBSITE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET POSSESSION, NON-INFRINGEMENT, TITLE, QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY WHOOBLI AND ITS LICENSORS AND SUPPLIERS.
- If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
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YOUR REPRESENTATIONS
- You hereby represent and warrant that: (1) you (a) are over the age of 18; and (b) have the power and authority to enter into and perform your obligations under these Terms; (2) all information provided by you to us is truthful, accurate and complete; (3) you will comply with the terms and conditions of these Terms and any other agreement to which you are subject that is related to your use of this Website; (4) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (5) your access to and use of this Website or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; and (7) you will not use this Website in order to gain competitive intelligence about us, this Website, or any product or service offered via this Website or to otherwise compete with us.
- OTHER LEGAL TERMS
12.1. Notices.There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms govern your use of this Website. If you have any question, feel free to contact us at hello@whoobli.com. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and other applicable agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor Whoobli will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party.
12.2. Assignment and Third Party Rights.You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of our agreement and also for the performance by the third party. To the maximum extent permitted by law, no third party shall be entitled to enforce any of these Terms.
12.3. Waiver.No failure, relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
12.4. Severability.If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
12.5. Entire Agreement.These Terms and any document expressly referred to in them set out the entire agreement between you, Whoobli and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
12.6. Governing Law and Jurisdiction.To the maximum extent permitted by law, any matters that arise out of your use of this Website (including any contract entered between you and us through the Website, any purchase that you make, and any related dispute) shall be governed by the laws of Delaware and subject to the exclusive jurisdiction of the courts of Delaware, United States of America. In no case may this governing law and jurisdiction prejudice the level of a consumer’s protection ensured by the laws of your country of residence.
12.7. Changes to these Terms.We reserve the right to change and update these Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Terms that apply to your use of the Website. In the event of any material change or an update to these Terms we will flag it in an appropriate way on the Website or by other means. To the maximum extent permitted by law, by continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms.
