UMBRELLY WELLY
General Terms and Conditions of Sale
THIS LEGAL AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN YOU (“YOU” or “YOUR” or “CUSTOMER”) AND BOHAPE, LLC (D/B/A UMBRELLY WELLY), A NEW YORK LIMITED LIABILITY COMPANY (“WE,” “OUR,” “US” or “UMBRELLY WELLY”).
ARTICLE 1: SCOPE
These general terms and conditions (the “Terms of Sale”) are applicable to and shall govern all sales of UMBRELLY WELLY products through our website at www.umbrellywelly.com (the “Website”) and your and UMBRELLY WELLY’S respective rights and obligations relating thereto. Prior to placing any product order or otherwise transacting any business on or through our Website (each, an “Order”), you hereby agree to read these Terms of Sale, and by placing any Order, you hereby acknowledge and accept all the terms, provisions and conditions provided herein and all terms, provisions and conditions provided in the UMBRELLY WELLY General Terms and Conditions of Use (the “Terms of Use”) and Notice of Privacy Practices (the “Privacy Practices”), each of which can be viewed on our Website.
UMBRELLY WELLY may, in its sole discretion, modify or amend any of the terms, provisions and conditions of these Terms of Sale at any time from time to time. Such modified or amended Terms of Sale shall be effective from the date of its publication on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, such modified or amended Terms of Sale. If we make any changes to these Terms of Sale, we will notify you by updating the “Last Modified” date displayed at the end of this document. You are solely responsible for reviewing these Terms of Sale periodically for any updates, modifications or changes, and your continued use of the Website and our web applications, services and technology platform shall be deemed acceptance thereof.
ARTICLE 2: ORDERING PRODUCT ITEMS
To purchase any UMBRELLY WELLY product through the Website, each Customer will be required to provide the following information: (i) name, (ii) mailing and/or shipping address, (iii) credit card number and related billing information, and (iv) contact e-mail address (for all Customers) and telephone number (for corporate Customers). Please note that from time to time, UMBRELLY WELLY may modify the information required for a Customer to place a new Order.
Order Confirmation
Once you have completed the process to place an Order with us, an order confirmation (each, an “Order Confirmation”) will be generated and delivered to the email address that you have provided to us. The Order Confirmation constitutes UMBRELLY WELLY’S acceptance of your Order and constitutes a binding sales contract. You are encouraged to retain a paper or electronic copy of each Order Confirmation. PLEASE NOTE THAT UMBRELLY WELLY IS NOT RESPONSIBLE FOR ANY CUSTOMER ERROR IN PROVIDING THE REQUIRED INFORMATION TO PLACE AN ORDER, INCLUDING ANY INCORRECT OR INACTIVE CONTACT EMAIL ADDRESS, AND ANY LOSS OR DELAY RESULTING FROM SUCH ERROR.
Product Customization
Customization options for UMBRELLY WELLY products are available for bulk orders. These options include customizable straps and monogrammed names. Please note that Orders for customized UMBRELLY WELLY products cannot be cancelled or returned for refund once completed unless we otherwise agree in writing. UMBRELLY WELLY reserves the right to refuse to fulfill any Order for a customized product in our sole discretion.
Product Unavailability; Order Cancellation; Refusal of Orders
UMBERLLY WELLY products offered for sale are those displayed on our Website. We reserve the right to withdraw any product item for sale at any time. In the event of partial or total unavailability of any product item after placement of an Order, we will inform you by email and/or by telephone, as applicable. In addition, UMBRELLY WELLY reserves the right to suspend or cancel the fulfilment of any placed Order in the event that we are unable to obtain authorization for payment, if there is an error in pricing or content or if we reasonably believe that any Order placed is fraudulent. If it is necessary for us to cancel all or any portion of your Order, UMBRELLY WELLY’s customer service department will arrange to refund you the amount paid in connection with the cancelled Order as soon as possible but in no case more than ten (10) business days after cancellation. UMBRELLY WELLY SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES ARISING FROM NON-FULFILLMENT OF ANY ORDER AND SHALL HAVE NO LIABILITY TO YOU, BY WAY OF COMPENSATION OR OTHERWISE, EXCEPT FOR THE OBLIGATION TO REFUND THE AMOUNT PAID.
ARTICLE 3: PRODUCT PRICING
The prices for UMBRELLY Welly products that are listed on our Website do not include required taxes or delivery costs. Applicable taxes will be added to purchases at the time of Order checkout and the various delivery options and related costs will be displayed and assessed at such time. Customer purchases for delivery to international locations will also include any customs and related charges. We review our Website on a regular basis to verify the accuracy of the listed price of each product item. However, we cannot guaranty the accuracy of all listed prices and if we discover or learn of any pricing error for a product item for which you have placed an Order, we will endeavor to inform you of the error as soon as possible but no later than five (5) business days following such discovery and you will be given the option to modify your Order to reflect the correct price or to cancel your Order and receive a full refund relating to the product item at issue. UMBRELLY WELLY reserves the right at any time from time to time to modify its product prices.
ARTICLE 4: PAYMENT METHOD
UMBRELLY WELLY uses Stripe (“Stripe”) as its third-party payment service provider to process payments for products purchased through our Website. By providing your payment information to place an Order for any UMBRELLY WELLY product, you hereby represent and warrant to UMBRELLY WELLY that you are authorized to make purchases through Stripe. Please note that if Stripe refuses to authorize payment, UMBRELLY WELLY will not be liable for any delay or non-delivery of any product.
ARTICLE 5: RETURNS AND EXCHANGES.
UMBRELY WELLY is committed to customer satisfaction. We take pride in the quality of our products, and we are confident that you will be completely satisfied. However, if you not satisfied with your purchase of any UMBRELLY WELLY product, you may return it for a full refund or exchange it for another product within fourteen (14) days from the date of receipt of such product provided that such item (1) is undamaged and in the condition in which it was delivered, (2) is accompanied by the purchase invoice or receipt and the original packaging, (3) has not been customized or personalized, (4) has been mailed prior to the expiration of the 14-day period referenced herein and (5) is not otherwise been identified by UMBRELLY WELLY as unreturnable prior to ordering.
Any request for an exchange should be made by contacting UMBRELLY WELLY's customer service department at info@umbrellywelly.com. For all product returns and exchanges, please make sure that your name and address are clearly printed on the outside of the package. Customers will be responsible for all shipping costs.
ARTICLE 6: PRODUCT WARRANTY POLICY
UMBRELLY WELLY warrants that for a period of ninety (90) days from the date of purchase, each UMBRELLY WELLY product will be (1) free from defects in workmanship and materials and (2) fit for its intended purpose in accordance with our product instructions. If any UMBRELLY WELLY product is found to be defective within such ninety (90) day period and is covered under the product warranty provided herein, UMBRELLY WELLY will, in its sole discretion, either repair or replace the defective product, and such repair or replacement will be made at no charge to you except that if you are located internationally, then you will be responsible for payment of all shipping costs to return the defective product to us.
This product warranty does NOT apply in the follow circumstances:
Product damage caused by normal or ordinary wear and tear including, but not limited to, deterioration or damage arising from contact with water;
Customer’s negligent handling of the product or use of it for an unintended purpose;
Product damage caused by any unauthorized modification or alteration; and
Products returned without a proof of purchase.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, UMBRELY WELLY’S PRODUCTS ARE SOLD “AS IS” AND UMBRELLY WELLY MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO OUR PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, TITLE OR NONINFRINGEMENT, AND ANY REPRESENTATION OR WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLIABLE LAW, UMBERLLY WELLY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT ARE NOT STATED HEREIN.
WITHOUT LIMITING THE GENERALITY AND EFFECT OF THE DISCLAIMERS IN THE IMMEDIATELY PRECEDING PARAGRAPH, UMBRELLY WELLY MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT ITS PRODUCTS ARE WATERPROOF OR WATER-RESISTANT.
EXCEPT AS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT SHALL UMBRELLY WELLY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, RELATING TO, WITHOUT LIMITATION, ANY DEFECT IN A PRODUCT OR CUSTOMER’S USE, MISUSE, OR INABILITY TO USE THIS PRODUCT. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AND IN SUCH CASE, THE ABOVE LIMITATIONS MAY NOT APPLY IN YOUR SPECIFIC JURISDICTION.
If you believe your purchased UMBRELLY WELLY product is defective, please contact us for warranty service at info@umbrellywelly.com or by telephone at 917-992-9417. In your communication, please include a copy of your purchase receipt (for written communications), your mailing address or P.O. number, as applicable, a current contact e-mail address and phone number, and a brief description of the problem. An Umbrelly Welly customer service representative will contact you as within five (5) business days from the date of receipt of your communication.
ARTICLE 7: FORCE MAJEURE
UMBRELLY WELLY shall not be held responsible for any failure of performance to make timely delivery of all or any part of an Order in the event such failure was due, in whole or in part, to events beyond our reasonable control, including, without limitation, any federal, provincial or municipal action, statute, ordinance or regulation, natural disaster, pandemic, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the product or the manufacturing facility for the product, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to our reasonable control of, which causes delays or hinders the manufacture or delivery of such Order. UMBRELLY WELLY shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
ARTICLE 8: PROTECTION OF PERSONAL DATA
Please review our Privacy Practices, which are incorporated herein by reference in their entirety, by clicking on the link displayed at the bottom of our Website’s homepage.
ARTICLE 9: DISPUTES - APPLICABLE LAW
Please review ARTICLE X of the Terms of Use, which are hereby incorporated herein by reference in their entirety, by clicking on the link displayed at the bottom of our Website’s homepage.
ARTICLE 10: INFORMATION
If you have any questions relating to these Terms of Sale, please contact us at info@umbrellywelly.com.
Last modified: October 12, 2020.