Product Offer, Warranty & Return
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND BIWHALE (THE “COMPANY” OR “WE”). PLEASE REVIEW THE POLICIES BELOW BEFORE COMPLETING A PURCHASE ON THE COMPANY ONLINE STORE. THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF PRODUCTS FROM THE SITE (THESE “OFFER TERMS AND CONDITIONS”). YOU HEREBY AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT (“AGREEMENT”) BY COMPLETING A PURCHASE.
SECTION 1 – Legal Age Requirement
By completing a purchase on BIWHALE products, you represent that you are at least 18 years old or are legally authorized, with any necessary consent of a parent or guardian, to agree to these Product Offer Terms and Conditions and fulfill any obligations in connection with such purchase. The Company reserves the right to verify the foregoing. At the time of delivery, any shipment containing a product may require further the signature of an adult possessing valid picture identification issued by a government agency.
SECTION 2 – Product Offer
When you place an order for the Company’s products, you will be charged the non-refundable shipping and handling fee plus the cost of your Company purchases on the payment card you provide at checkout. All orders are subject to the Company’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. The Company may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by the Company, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact customer service at email@example.com. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. While we want everyone to be able to enjoy our products, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following: (1) orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors; (2) orders that appear to be shipped to a freight forwarding company for reshipment; (3) orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information, including incorrect credit or debit card information such as card number, expiration date and card security value; incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record); and/or insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code; (4) orders, in our sole discretion, that we suspect to be fraudulent; or (5) orders connected to previous credit card disputes. We reserve the right, subject to applicable law, to limit the sales of our products or services to certain persons, geographic regions or jurisdictions or on a case-by-case basis. Any offer for any product or service made on the Site is void where prohibited. Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
If for any reason you are unsatisfied and want to return products you have ordered, please review the Return and Refund Policy outlined below.
SECTION 3 – Taxes and Shipping
All pricing set forth on the Site is inclusive of applicable taxes and shipping charges.
SECTION 4 – Return and Refund Policy
All Company products carry a 180-day Gentlemen’s Agreement from the date of receipt of goods. All returns must be in their original individual packaging. Refunds do not include the original cost for shipping and handling.
To request a return for any of the Company products please contact our customer support team at: firstname.lastname@example.org.
You will need to include your name, phone number, Order ID, the product you are wishing to return, and a brief summary of your request (Reason for Request, Return for Exchange or Return for Refund) in your email. To complete your return, we will require a receipt or proof of purchase. Upon acceptance of a return request, our customer support team will process your request within 24 hours. You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. Please consider using a trackable shipping service or purchasing shipping insurance as we cannot guarantee that we will receive your returned item.
All items that were included in your original order (including all gift items) need to be returned to qualify for a full refund. In addition, all items (used or new) need to be returned in their original packaging to qualify for a refund. For missing/incomplete items, the company will debit the full retail price of each item from your original order value.
SECTION 5 –Limited 1-year Warranty/Return for Exchange
Your BIWHALE products are warranted to be free from defect in material and workmanship for a period of 30 days after original purchase date under normal use. Breach of warranty includes the following uses; accident, misuse or alteration, servicing by unauthorized persons, use with unauthorized accessories and any other conditions beyond our control. The Company’s entire liability for any defective product shall not exceed the purchase price for the defective product. The Company disclaims any liability for general, consequential, incidental, or special damages even if aware of the likelihood of such damages. Some states do not allow exclusion, limitation, incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Your rights may vary from state to state. We only replace items if they are defective or damaged, and only issue exchanges for the same item. If you need to request a replacement product, please contact our customer support team at: email@example.com and follow the instructions above (Return Process).
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item and are processing your request. We will also notify you of the approval or rejection of your exchange (if applicable). If your request is approved, a replacement order will be shipped within five to seven business days of receipt of the returned original product.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund (if applicable). If you are approved, then your refund will be processed, and within five to seven business days, a credit will be applied to your credit card or original method of payment. The maximum credit refunded will be the original invoice value of your purchase less the cost of shipping and handling.
If you haven’t received your refund, please check your bank account first to see if it has been posted. If not, then contact your credit card company as it may take some time before your refund is officially posted. There is often some processing time before a refund is posted. If you are still experiencing problems, please contact our customer support team at: firstname.lastname@example.org.
SECTION 6 – LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR YOUR USE OF THE PRODUCT. FURTHER, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE COMPANY AND ITS AFFILIATES’ MAXIMUM LIABILITY FOR THE PURCHASE OF THE MERCHANDISE SHALL NOT EXCEED THE AMOUNT PAID FOR SUCH MERCHANDISE. IN SOME JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT FULLY APPLY. ACCORDINGLY, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT OF THE LAW.
SECTION 7 – DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY THE COMPANY, THE COMPANY AND AFFILIATES MAKE NO OTHER WARRANTY OF ANY KIND REGARDING THE PRODUCT AVAILABLE FOR SALE ON THE WEBSITE, WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN PARTICULAR, TO THE MAXIMUM EXTENT OF THE LAW, THE COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
SECTION 8 – Additional Terms and Conditions
SECTION 10 - Contact Us
Questions about the Terms should be sent to us at: email@example.com.