THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM SOMYA.US. PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
"Gift Voucher" shall mean the Somya.us Gift Voucher.
"Product" means any item offered for sale or licensing on the Website or Somya.us's direct sales materials (ads, catalogs, newsletters, etc.).
"Website" means the Somya.us website located at http://somya.us.
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
All orders of Products placed by you with Somya.us are non-cancelable and shall be subject to acceptance by Somya.us. Somya.us reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Somya.us, your order shall not be deemed accepted by Somya.us until Somya.us' shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
Somya.us makes no warranties and Products are sold by Somya.us AS IS. SOMYA.US EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Somya.us will charge credit cards upon shipment. Somya.us accepts Mastercard, Visa, American Express and Discover. Somya.us does not accept cash, COD, purchase orders or personal checks. Somya.us payment terms are subject to change without notice at Somya.us's sole discretion. For orders from the Website, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on Somya.us Web site or direct sales materials are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We reserve the right to correct the balance of your Gift Voucher if we believe a clerical, billing or accounting error occurred. Somya.us shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date. Somya.us further accepts the Somya.us Gift Voucher and up to 10 Gift Vouchers can be used for payment.
Somya.us continually updates and revises Products. Somya.us may revise and/or discontinue Products at any time. Changes in products shipped and products described on Somya.us websites and/or direct sales materials are possible.
Your Gift Voucher is issued by Somya.us and has no expiration date. The Gift Voucher must be activated prior to its initial use and presented at time of purchase. The value loaded on your Gift Voucher is a pre-payment only for the purchase of Products from the Website. No credit card, credit line, overdraft protection or deposit account is associated with the Gift Voucher. The Gift Voucher may not be returned, redeemed or exchanged for cash, or used as payment on any Somya.us account except where required by law. No interest, dividends or any other earnings on funds deposited to a Gift Voucher will accrue or be paid or credited to you by Somya.us. The value associated with the Gift Voucher is not insured by the Federal Deposit Insurance Corporation. The Gift Voucher will not be replaced if lost or stolen and Somya.us will not be responsible for any unauthorized transaction on the Gift Voucher. Up to 10 Gift Vouchers may be used as payment for your purchase.
You may not use coupons or promotional codes toward the purchase of gift vouchers, shipping & handling or sales tax. Additionally, coupons and promotional codes may not be used towards the purchase of any of the products listed at http://somya.us/store/Special-Offer.
Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories. Coupon/promotional code programs may be terminated or modified by Somya.us at any time in its sole discretion. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.
Somya.us' return policy allows for its products purchased directly from Somya.us and shipped to locations in the United States to be returned by you after obtaining a Somya.us return authorization number (RMA) during the 15 day return period following date of shipment by Somya.us for a refund of purchase price actually paid. If you have received damaged, defective or incorrectly shipped merchandise, please notify Somya.us Customer Care within 15 days. The RMA number may be obtained by visiting https://somya.us/store/New-Return, and must be noted on the outside of the returned product's container. Products must be returned in the original packaging. Shipping and handling charges are not refundable. 15% restocking fees may apply. RMAs are valid for only 14 days from issuance. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to product while in transit to Somya.us. If you return product to Somya.us (i) without a RMA from Somya.us or (ii) beyond the 14 day issuance period, or (iii) without original packaging, Somya.us retains the right to either refuse delivery of such return or charge you a restocking fee. Please allow up to four weeks for Somya.us to credit your account.
Product prices do not include shipping and handling. Somya.us will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
BOTH YOURS AND SOMYA.US' LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR SOMYA.US BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. NEITHER YOU NOR SOMYA.US SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
You certify and agree that you are purchasing Product(s) for your own personal use only and not for resale. You shall not resell Products or remove components from Product for resale.
Title to Product(s) passes from Somya.us to you upon shipment from Somya.us' facility.
This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of Ohio, without regard to conflicts of laws rules. You agree that the courts of Ohio shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) Summit County, State of Ohio; or (ii) the Northern District of Ohio of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
The Products are not authorized for use by minors (age under 18). You certify that you are above the age of 18 before buying the product(s).
Sonmys.us shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Somya.us. Quantities are subject to availability. In the event of shortage, Somya.us may allocate sales and deliveries in its sole discretion.
Failure of Somya.us to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
These terms and conditions constitute the entire and exclusive agreement between you and Somya.us concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Somya.us.
The trademark "TREAT" and any other product names, service names or logos of SOMYA.US used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Somya.us or any of its affiliates. Other product names and/or company names used in the Website may be protected as their trademarks and/or trade names.
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