Effective Date: 07/05/2019
Last Updated: 07/05/2019
These Purchase Terms and Conditions (the “Purchase Terms and Conditions”) are intended to supplement the Heidi Swapp Shop’s Terms of Use Agreement (“Terms of Use”) and, with such Terms of Use, constitute a binding, contractual agreement between you, an individual user, and Heidi Swapp Shop (“Company”, “we” or “us”) regarding your purchase of goods or services, including any subscription services.
The Purchase Terms and Conditions are hereby incorporated into the Terms of Use, and any terms not defined in these Purchase Terms and Conditions have their respective meaning as set forth in the Terms of Use. To the extent that there is any conflict between these Purchase Terms and Conditions and the Terms of Use, the provision(s) in these Purchase Terms and Conditions will prevail, but solely to the extent such conflict exists.
THESE PURCHASE TERMS AND CONDITIONS GOVERN YOUR PURCHASES OF GOODS OR SERVICES FROM COMPANY. EVERY TIME YOU MAKE A PURCHASE THROUGH COMPANY PROPERTIES, YOU ACKNOWLEDGE AND ACCEPT THESE PURCHASE TERMS.
We may at our sole discretion modify these Purchase Terms and Conditions on a going-forward basis. However, such revisions will not affect previously purchased goods or services.
1. Access and Use to the Company Online Store. The Company online store is only available to online customers who have agreed to the Terms of Use. In order to place an order, you must register for an Account in accordance with the Terms of Use. Products and services are exclusively available for sale through the Company Properties to customers who have registered an Account with us, and such products and services may not be purchased for resale. We may, at our discretion, elect not to accept or fulfill any order by a customer who we believe may breach this Section or any other provision of these Purchase Terms and Conditions or the Terms of Use.
All Company designs are original artwork created and trademarked by Company. Company products are for personal and non-commercial use only. However, you may use our products to produce creations which can be sold in limited quantities. Such limited commercial use of our designs and products are subject to the following terms and conditions:
1. Quantities are limited to projects that are of a limited scope, local in nature, and do not constitute an ongoing business.
2. Whenever possible, credit must be given to Heidi Swapp Shop for the designs and products used in such creations.
3. End users are limited to 50 such creations per year that are intended for limited commercial use.
2. Placing an Order. Once you have chosen a product or service, click one time on the “Add to Cart” button below the picture. You can continue browsing and add as many items to your cart as you wish. You can monitor the products you have chosen by clicking on the shopping cart button at any time. You can also remove an article by clicking on the X to the far right of the item. Each time the X is clicked, one unit will be removed. When you are ready and have reviewed your order, proceed to checkout and follow the instructions. You will be required to enter your payment details. Follow the instructions to proceed with checkout and place your order (“Order”). Company will sometimes allow customer to pre-order items with a future release date. If you pre-order an item, we may require partial or full payment at the time you pre-order such items.
3. Payment.
3.1 Payment Methods. To pay for an Order, you will need to provide Company with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Website or within the Application to pay for such Order. You may pay for your Order via credit card (e.g., Visa, Mastercard, American Express, Discover, JCB, and Diner Club) or any other manner then available on the Website or Application (“Payment Method”). By submitting your payment information to us, you authorize us to charge the applicable Payment Method at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Website or within the Application (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
3.2 Third Party Provider. The Company uses a third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By buying or selling on the Company Properties, you agree to be bound by such third-party service provider’s privacy policy and hereby consent and authorize the Company and the third party service provider to share any information and payment instructions you provide with third party such payment provider to the minimum extent required to complete your transactions. Charges on your credit card statement will appear as Heidi Swapp Shop DBA Inked Brands Inc. Inked Brands Inc is the merchant of record on all transactions completed on HeidiSwappShop.com.
3.3 Subscriptions and Auto-Renewal. Company may offer a subscription fee-based service, which provides you with access to online educational programs, courses and materials, as described on the Website or Application. You can become a subscriber by purchasing a subscription to the monthly service from the Website or within the Application. Your subscription will continue indefinitely until terminated in accordance with the Terms. After your first month, and again after any subsequent month, your subscription will automatically commence on the eighteenth day of every month (each a “Renewal Commencement Date”) and continue for an additional month, at Company’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least five (5) days prior to the Renewal Commencement, by contacting Customer Service on the Contact Us page. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact Company on the Contact Us page. If you cancel your subscription, you may use your subscription until the end of your then-current month; your subscription will not be renewed after the then-current month. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current month. By subscribing, you authorize Company to charge your Payment Method now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Company does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
3.4 Free Trials and Other Promotions. Any free trial or other promotion must be used within the specified time of the trial. At the end of the trial period, your use of that product or service will expire and any further use of the product or service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Company to have the charges reversed.
3.5 Advertising Revenue. Company reserves the right to display Third-Party Ads before, after, or in conjunction with User Content posted to or through the Company Properties, and you acknowledge and agree that Company has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Company as a result of such advertising.
3.6 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to on the Contact Us page by starting a conversation with our Customer Service team.
4. Pricing and Products. We make efforts to describe our products and services as accurately as possible. However, specifications, and estimated shipping charges, may vary from the descriptions we provide. Further, products and services displayed may be out-of-stock or discontinued, and prices are subject to change. We cannot confirm the price of an item until you place an Order. Despite our best efforts, a small number of the items on our Website may be mispriced. We are not responsible for typographical errors regarding price or any other matter. Unless otherwise noted on the Website at the time of your Order, all prices exclude shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. Per Section 1 of these Purchase Terms and Conditions, you shall use the products and services only for personal purposes and not for resale. You shall not reverse engineer any product or service or use any product or service to create a competitive product or service.
5. Shipments. When you place an Order, we will confirm your address by sending an email to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through our Company Properties is an offer to purchase the products and/or services ordered and we may accept your Order by processing your payment and shipping the products or making available your purchased services. Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Company until the product(s) has been shipped or service(s) made available. If some of products in your Order are temporarily out of stock, we will ship the available products only and notify you of any products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any Order.
5.1 Title and Risk of Loss. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when COMPANY provides the Product(s) to a common carrier. Any estimated shipping date provided by COMPANY is based on Product availability and payment processing time, and does not include transit time.
5.2 DISCLAIMER OF WARRANTIES. YOU UNDERSTAND THAT ALL PRODUCTS AND SERVICES ARE SOLD AND PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. You willingly assume all risks associated with your use of the products and/or services.
5.3 Damaged or Lost Items. Company takes care in packaging every Order. Despite this care, damage occasionally occurs during shipping. If your Order arrives damaged, please contact us on the Contact Us page within ten (10) days of receipt of item. We may request additional information in order to process a claim with the shipping carrier. Once we receive documentation, arrangements will be made to replace the damaged item(s) at no extra charge. If your item(s) is no longer available, a refund in the form of in-store credit will be issued. Occasionally some items may be lost in transit. Shipments are deemed “lost” after 45 days from the shipment date. Singapore and Malaysia have a special exemption of 60 days, and Brazil has a 120-day exemption. Packages are not considered “lost” until after the posted date. Shipments that are considered “lost” will be dealt with under the same treatment as damaged items under this heading.
5.4 Return Policy. All sales are final. Please review all items carefully before placing an Order.