Last Updated: January 5, 2024
Before using Our Service, please carefully read these terms and conditions.
Interpretation and Definitions
Interpretation
Terms defined in this document with initial capital letters are to be interpreted as set forth below. These definitions shall apply equally to both the singular and plural forms of the terms described.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that either controls, is controlled by, or is in common control with a party, where "control" is defined as the ownership of 50% or more of the shares, equity interest, or other securities that are entitled to vote for the election of directors or another managing authority.
- Country refers to Idaho, United States.
- Company (also referred to as "the Company", "We", "Us", or "Our" in this Agreement) refers to Pufflepedia.
- Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
- Feedback means any feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes, or other promotional events offered through the Service.
- Service refers to the Website.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that constitute the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
- Website refers to Pufflepedia, accessible from https://www.pufflepedia.com.
- You refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
Welcome to our Service. The following Terms and Conditions constitute a legally binding agreement between you ("You" or "Your") and the Company ("We," "Us," or "Our") regarding your use of our Service.
By accessing or utilizing our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use our Service.
You affirm that you are at least 18 years of age. The Company does not allow individuals under the age of 18 to use the Service.
Your use of the Service is also subject to your acceptance of our Privacy Policy, which outlines our practices concerning the collection, use, and disclosure of your personal information. We take your privacy seriously and encourage you to review the Privacy Policy thoroughly to understand your rights and our obligations.
Please ensure that you are fully informed of your rights and obligations under these Terms and Conditions and the Privacy Policy before using our Service. Your continued use of the Service signifies your ongoing agreement to these terms.
Placing Orders for Goods
Upon placing an order for goods through our Service, you affirm that you possess the legal capacity to enter into binding agreements.
Provision of Information
To facilitate an order for goods available via our Service, we may request specific details pertinent to the transaction. This information may include, but is not limited to, your full name, email address, contact number, credit card details, billing address, and shipping information.
You hereby represent and warrant that:
- You are authorized to employ any credit or debit card or alternative payment method utilized in association with the order; and
- The information you provide is accurate, current, and complete.
By submitting this information, you authorize us to convey these details to third-party payment processors as necessary to expedite the completion of your order.
Order Cancellation Policy
We retain the discretion to decline or annul your order at any point for various reasons, including but not limited to:
- Unavailability of goods
- Discrepancies in the goods' descriptions or pricing
- Inaccuracies within your order
Furthermore, we reserve the right to cancel your order in the event of suspected fraud, unauthorized, or illicit activities.
Your Order Cancellation Rights
All merchandise purchased from us is subject to our Return Policy, which is incorporated by reference into these Terms and Conditions. We encourage you to review our Return Policy carefully to understand your rights regarding order cancellations.
You may only cancel an order in accordance with the rights provided under our Return Policy, and on the condition that the goods are returned in the same state as when you received them. This includes retaining all product instructions, documents, and original packaging. Please note that goods which are returned damaged, or in a condition that indicates use beyond merely opening the original packaging, will not be eligible for a refund. It is your responsibility to handle the goods with due care while they are in your possession.
We commit to processing your reimbursement no later than 14 days following the receipt of the returned goods. The refund will be issued using the same payment method that was used for the original transaction, and you will not be charged any fees for this reimbursement.
Please be aware that certain goods are exempt from cancellation rights, including but not limited to:
- Goods that are custom-made to your specifications or are clearly personalized.
- Goods that by their nature cannot be returned, are liable to deteriorate quickly, or have a past expiry date.
- Goods that are not suitable for return for reasons of health protection or hygiene, if they were unsealed after delivery.
- Goods which, after delivery, become inseparably mixed with other items.
- Digital content not supplied on a tangible medium, provided the performance has commenced with your express prior consent, and you have acknowledged the forfeiture of your cancellation rights.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
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Prices Policy
The Company expressly reserves the prerogative to amend its pricing structure at any juncture before the acceptance of an Order. Subsequent to the acceptance of an Order, the quoted prices are subject to modification by the Company due to any events that influence delivery and are outside the Company's sphere of influence. Such events may include, but are not limited to, governmental actions, alterations in customs tariffs, escalation in freight charges, and fluctuations in foreign exchange rates.
Should such circumstances arise, the Customer shall be afforded the option to terminate the Order.
Payments
All products acquired from our company are subject to a single payment transaction. Clients may settle their invoices utilizing a diverse array of payment options at their disposal, including but not limited to Visa, MasterCard, Affinity Card, and American Express. Additionally, online payment platforms such as PayPal are accepted.
Transactions made via payment cards, whether credit or debit, are contingent upon successful validation checks and the receipt of authorization from the cardholder's issuing bank. In the event that we do not obtain the necessary authorization, our company shall bear no responsibility for any ensuing delays or failure to deliver your order.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You have the option to terminate the renewal of your subscription by adjusting the settings in your account or by reaching out to the company directly. Please be advised that refunds will not be issued for fees that have already been paid for the current subscription period. Nonetheless, you will retain access to the service until the conclusion of the current subscription term.
Billing
It is incumbent upon you to furnish the Company with precise and comprehensive billing details, which include your full name, address, state, zip code, telephone number, and valid payment method information. In the event that automatic billing does not transpire for any reason, the Company will generate and send an electronic invoice to you. This invoice will notify you that you are required to complete the payment process manually by the specified deadline, for the full amount due for the billing period as detailed on the invoice.
Fee Changes
The Company reserves the right to alter the Subscription fees at its sole discretion and at any given time. Adjustments to the Subscription fees will be implemented at the conclusion of the current Subscription term.
The Company is committed to ensuring transparency and fairness in its billing practices. Therefore, we will furnish you with a reasonable advance notification of any impending changes to the Subscription fees. This notice is intended to provide you with sufficient time to make an informed decision regarding the continuation or termination of your Subscription in light of the fee adjustment.
Please be advised that your decision to continue utilizing the Service after the introduction of the revised Subscription fee structure will be interpreted as your acceptance of the new fee arrangement.
Refunds
In accordance with our company policy and except as mandated by applicable law, fees paid for Subscription services are non-refundable. However, the Company may, at its sole discretion, consider requests for refunds on a case-by-case basis. Such considerations will be exceptional and granted only under circumstances deemed appropriate by the Company.
Promotions
Promotional offers ("Promotions") accessible via the Service are subject to distinct regulations that are independent of these Terms of Service ("Terms"). We encourage participants of any Promotions to thoroughly examine the specific rules associated with each offer, in addition to reviewing our Privacy Policy. In instances where there is a discrepancy between the Promotion-specific rules and these Terms, the rules dedicated to the Promotion will take precedence.
Intellectual Property
The Services, including all original material (with the exception of content contributed by users), as well as its features and functionalities, constitute the proprietary assets of the Company and its licensors. These elements are safeguarded by copyright, trademark, and other pertinent legal provisions of both the domestic and international jurisdictions. The use of the Company's trademarks and trade dress in association with any product or service is strictly prohibited without obtaining prior written authorization from the Company.
Your Feedback to Us
You hereby assign all rights, title, and interest in any feedback you provide to the Company. In the event that such assignment is deemed ineffective, you shall grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, global license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such feedback without any limitations.
Links to Other Websites
The Service provided by the Company may feature links to external websites or services that are not under the Company's ownership or governance. The Company expressly disclaims any authority over the content, privacy policies, or operational practices of any third-party entities. By utilizing the Service, you acknowledge and consent to the fact that the Company is not liable for any harm or loss incurred as a consequence of, or in connection with, your engagement with, or dependence upon, any content, merchandise, or services accessible through these external websites or services.
It is our strong recommendation that you thoroughly review the terms, conditions, and privacy policies of any third-party websites or services that you elect to visit.
Termination
We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason at our sole discretion, including but not limited to a breach of these Terms and Conditions. Should your access be terminated, your right to utilize the services shall be revoked forthwith.
Limitation of Liability
Notwithstanding any potential damages that may be incurred, the Company's entire liability, as well as that of its suppliers, under any clause of these Terms, and your sole and exclusive remedy for all of the aforementioned, shall be confined to the actual amount paid by you through the Service, or to 100 USD in the event that no purchase has been made through the Service.
Under no circumstances shall the Company or its suppliers be held liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to, damages for loss of profits, data, or other informational losses, business interruption, personal injury, or loss of privacy arising from, or in any way connected with, the use or inability to use the Service, third-party software and/or hardware utilized in conjunction with the Service, or otherwise related to any provision of these Terms. This limitation applies even if the Company or any supplier has been informed of the possibility of such damages and notwithstanding the failure of any agreed upon remedy of its essential purpose.
Please note that certain jurisdictions do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. Therefore, some of the limitations set forth above may not be applicable to you. In such jurisdictions, the liability of each party shall be limited to the maximum extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you on an "AS IS" and "AS AVAILABLE" basis, complete with all faults and defects, and without any form of warranty. To the fullest extent permissible under applicable law, the Company, along with its Affiliates and their respective licensors and service providers, categorically disclaims all warranties, whether they be express, implied, statutory, or otherwise. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties that might arise from a course of dealing, performance, or usage of trade.
The Company offers no assurances and makes no representations whatsoever that the Service will fulfill your requirements, deliver any anticipated results, be compatible with any other software, applications, systems, or services, function uninterrupted, adhere to any performance or reliability standards, or be devoid of errors. Furthermore, the Company does not guarantee that any identified errors or defects will be corrected.
To further clarify, neither the Company nor any of its providers endorses or guarantees the following: (i) the continuous operation or availability of the Service, or the information, content, materials, or products included therein; (ii) that the Service will operate without disruptions or be error-free; (iii) the precision, reliability, or up-to-dateness of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or any emails sent from or on behalf of the Company are devoid of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Please be aware that some jurisdictions do not permit the exclusion of certain warranties or the limitation of statutory rights for consumers, so the above exclusions and limitations may not be applicable to you. However, in such instances, the exclusions and limitations outlined herein will be enforced to the maximum extent permitted by relevant law.
Governing Law
The governing law for these Terms, as well as Your utilization of the Service, shall be the laws of the Country, expressly excluding any principles of conflicts of law. Additionally, Your use of the Application may be subject to applicable local, state, national, or international laws.
Disputes Resolution
Should you have any concerns or disputes regarding the Service, it is agreed that you shall endeavor to resolve the matter informally by initiating communication with the Company.
For European Union (EU) Users
Should you be a consumer within the European Union, you shall be entitled to the protection afforded by any imperative statutes of the law in the nation of your residence.
United States Federal Government End Use Provisions
Should you represent a United States federal government entity, please be advised that our Service qualifies as a "Commercial Item," as defined under Title 48 of the Code of Federal Regulations (C.F.R.), Section 2.101.
United States Legal Compliance
You hereby represent and warrant that:
(i) You are not situated within a nation that is under an embargo imposed by the Government of the United States, nor are you located in a country identified by the United States Government as one that supports terrorism.
(ii) You are not included on any lists maintained by the United States Government that denote prohibited or restricted parties.
Severability and Waiver
Severability
Should any clause within these Terms be deemed unenforceable or invalid, said clause shall be modified and construed in a manner that most closely achieves the intent of the original provision to the fullest extent permitted by law. The validity and enforceability of the remaining clauses shall not be affected and will remain in effect with full force and vigor.
Waiver
Except as expressly stipulated in this document, the omission to exercise a right or to demand the execution of an obligation under these Terms does not compromise the ability of a party to invoke such right or enforce such performance at any subsequent point in time. Furthermore, the waiver of any breach shall not be construed as a waiver of any subsequent breach.
Translation Interpretation
Please be advised that these Terms and Conditions may have been translated for your convenience if they have been made accessible to you through our Service. In the event of any inconsistency or dispute, the original English text shall be considered the authoritative version.
Amendments to Terms and Conditions
We reserve the right, at our sole discretion, to amend or replace these Terms at any given time. Should a revision be deemed significant, we will endeavor to provide a minimum of 30 days' notice before any new terms become effective. The determination of what constitutes a material change will be made at our sole discretion.
Your continued access or use of our Service after the implementation of such revisions indicates your acceptance of the terms as revised. If you do not consent to the new terms, either in whole or in part, we request that you discontinue the use of the website and the Service.
Should you have any inquiries regarding these Terms and Conditions, please feel free to reach out to us:
- By email: pufflepedia.com@gmail.com