SHUGO TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE SHUGO SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, DO NOT ORDER OR PURCHASE ANY PRODUCTS.

 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

 

APPLICABILITY

 

These Terms of Sale create a legally binding agreement between you and SHUGO and its affiliates (which we may refer to as “SHUGO,” “we,” “us,” or “our”) regarding orders placed for products available on the Site.  SHUGO may revise these Terms of Sale without notice by posting revised Terms of Sale on its website www.shug0.com (‘the Site”).  The Terms of Sale posted on the Site at the time you place your order through the Site will govern that purchase.  Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. SHUGO’s Terms of Use and Privacy Policy are incorporated herein by this reference. 

 

PLACING ORDERS – NO RESALE OR COMMERCIAL USE

 

You must be of legal age in the country you are ordering from and be a consumer and not a reseller, wholesaler or a commercial buyer. SHUGO reserves the right to not process or deliver products to such buyers.

 

 

The Site is solely for SHUGO to sell SHUGO products direct to end consumers, and therefore purchase of products for resale or commercial purposes is strictly prohibited.  You represent and warrant to us that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.

 

ORDERING

 

We require that you provide an email address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Site, including adding or removing items to or from your shopping cart and submitting your order. 

 

When you submit an order, SHUGO will send you an email acknowledging receipt of your order. 

 

Our acceptance of the order you place takes place when the Products ordered are shipped to the address you give us. At that point, a contract is formed between you and us. SHUGO will send you an email confirming that the Products have been shipped (“Order Confirmation”).

 

We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.  If we are unable to supply you with a Product, we will inform you of this in writing and will not process the order. 

 

REJECTION OF YOUR ORDER OR CANCELLATION

 

Fulfillment of all orders by SHUGO is subject to availability as well as delivery or supply issues. SHUGO explicitly reserves the right not to accept or process your order for any reason whatsoever.  SHUGO also reserves the right to cancel the Contract by email to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract:

 

• Your billing information is not correct or is not verifiable;
• Your shipping address is not correct or is not verifiable;
• We don’t have the Product available, or the Product is out of stock;
• Your order is determined by our security systems as unusual or probably fraudulent;
• Your bank transfer payment is not received within five (5) calendar days after receipt of your order;
• You are under the legal age in your country;
• You are a reseller, wholesaler or commercial user;
• There was an error, such as price, sizing, color, availability or description of the Product;
• Force Majeure (see below); or
• Misspelling or any other errors or mistakes displayed on the Site.

 

 

VERIFICATION

 

We may verify the order you place, such as verifying your billing and shipping address and determining if this is a fraudulent transaction.  Note that any fraud will be investigated and if we so determine, prosecuted. 

 

TITLE & RISK OF LOSS

 

Title and risk of loss for SHUGO Products purchased online on this Site will pass to you upon your authorized receipt of those Products.  Regardless of any delivery, title to any Product will not transfer to you until full payment has been received by SHUGO.

 

PAYMENT

 

You can find the available payment methods in the FAQ section of Shug0.com.  We do not accept any method of payment other than those listed in the FAQ section and SHUGO will not be responsible or liable if you try any other payment method.

 

If you pay by credit/debit card, we will deduct the amount due from your account once the Products ordered leave our warehouse. 

 

PRICES AND CURRENCY

 

The Prices displayed on the Site do not include any sales tax. The applicable sales tax, based on your location, will be applied at checkout.  Shipping rates are applied per order. The exact shipping rates depend on where your order is being delivered to.

 

 

The total price shown in the checkout process includes tax and shipping. If you pay by credit card, the total amount for your entire order will be reflected on your statement. 

 

 

 

PRICE CHANGES

 

The Site displays all prices for the Products. Prices change from time to time, but changes will not affect the price stated in any order which we have confirmed. 

 

 

SHIPPING & DELIVERY

 

We do not ship on certain public holidays. Please refer to the FAQ of the Site. At this point, we can only ship to delivery addresses in the United States and its territories and only to a home or office address.  We do not deliver to PO Boxes or APO’s or FPO’s.

 

SPLIT DELIVERY

 

We try to deliver all items which you have ordered at the same time in one package but sometimes that may not be possible for us, so we reserve the right to split delivery in multiple packages.

 

INSPECTION UPON DELIVERY

 

When you receive the Products, you agree that it is your duty and responsibility to inspect the packaging for damage. If it appears that the Products are damaged, please do not accept the shipment. 

 

RETURNS & CANCELLATIONS

 

BEFORE SHIPMENT

 

You may cancel any order free of charge, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the “Order status” link at the Site.

 

If the status shows “Pending,” you may cancel your order by contacting us (see FAQ section).  Consumer support will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the Product(s) will be delivered to you and may be returned in accordance with the procedure set out below as noted in the FAQ.

 

AFTER DELIVERY

 

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. See the FAQ section for the return and exchange policy of the Site, which is incorporated herein by reference.

 

REFUND INFORMATION

 

Refunds will be issued based on the original form of payment.

 

 

FORCE MAJEURE

 

Force Majeure means any act or event beyond our reasonable control, including without limitation labor strikes, supply chain delays, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, hurricane, tornado, blizzard, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications or internet networks. 

 

If an event of Force Majeure affects the performance of our obligations under these Terms of Sale:

 

1. a) SHUGO will email you as soon as reasonably possible to notify you; and

 

1. b) SHUGO’s obligations and performance hereunder will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure event.

Where Force Majeure affects delivery of a Product to you, we will arrange a new delivery date with you after the event of Force Majeure is over.  You may cancel the order if an event of Force Majeure takes place and you no longer wish us to ship you the Products, and we will give you a full refund. Please see your cancellation rights under Cancellation above. 

 

LIMITED WARRANTY

 

This limited warranty gives you specific legal rights and you may also have other rights, which vary from state to state. 

 

SHUGO WARRANTS THAT THE Products purchased from the site will be free from defects in materials and workmanship. We limit the duration and remedies of all implied warranties, including without limitation the warranties of merchantability and fitness for a particular purpose, to the duration of this limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

 

Our responsibility for defective products is limited to repair, replacement or refund as set forth in this warranty statement. Our responsibility for defective services is limited to repair, re-performance or refund as set forth in this warranty statement. Neither any performance or other conduct, nor any oral or written information, statement or advice provided by us or any of our agents or employees will create a warranty, or in any way increase the scope or duration of this limited warranty.

 

This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

 

This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by SHUGO; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

 

LIMITATION OF LIABILITY

 

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL,  SPECIAL, EXEMPLARY, TREBLE OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

APPLICABLE LAW

 

The contract created hereunder pursuant to the Terms of Sale above shall be governed by New York law, regardless of New York’s choice of law or conflict of laws rules.

 

DISPUTE RESOLUTION AND BINDING ARBITRATION

 

YOU AND SHUGO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules then in effect, except as modified by these Terms of Sale (These AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction located in New York City.  The arbitration shall take place and be venued in New York City. Each party shall bear its own attorney’s fees and arbitration costs and fees.

 

NEITHER YOU NOR SHUGO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

 

The arbitral tribunal may not and shall not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

 

OTHER TERMS

 

We may transfer or assign our rights and obligations to another company or entity at our sole discretion, but this will not affect your rights or our obligations under these Terms of Sale. You cannot transfer your rights and obligations hereunder without our prior written consent.

 

Each of the paragraphs of this Terms of Sale above operates separately. If any court or arbitration tribunal decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail or do not enforce anything in this Terms of Sale, it does not mean we have waived our rights or remedies against you.

 

Entire Agreement. Our order confirmation, these Terms of Sale, our Site Terms of Use and Privacy Policy will be the final, binding, and integrated agreement between you and us on any and all transactions between SHUGO and you.

 

 

Last Modified: September 9, 2022.