Terms & Conditions
FOR THE ONLINE SALE OF GOODS AND SERVICES
Last Updated: April 15, 2020
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR
RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT
MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE
TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN
JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS
WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE
IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE,
OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS
WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply
to the purchase and sale of products and services through HoverStash.com (the
"Site"). These Terms are subject to change by
HoverStash, LLC ("us", "we",
or "our" as the context may require) without prior
written notice at any time, in our sole discretion. The latest version of these
Terms will be posted on this Site, and you should
review these Terms before purchasing any product or services that are available
through this Site. Your continued use of this Site after a posted change in
these Terms will constitute your acceptance of and agreement to such changes.
generally to the use of
order for products or services through this Site (see 7).
Order Acceptance and Cancellation. You agree that your order is an offer to
buy, under these Terms, all products and services listed in your order. All
orders must be accepted by
us or we will not be obligated to sell the products or services to you. We may
choose not to accept any orders in our sole discretion. After having received
your order, we will send you a confirmation email with your order number and
details of the items you have ordered. Acceptance of your order and the
of the contract of sale between us and you will not take place unless and until
you have received your order confirmation email. You have the option to cancel
your order at any time before we have sent your order confirmation email by
emailing us at firstname.lastname@example.org
your name, email address and order number. Prices and Payment Terms. All
prices posted on this Site are subject to change without notice. The price
charged for a product or service will be the price in effect at the time the
order is placed and will be set out in your order confirmation email. Price
increases will only apply to orders placed after such changes. Posted prices do
not include taxes or charges for shipping and handling. All such taxes and
charges will be added to your merchandise total and will be itemized in your
shopping cart and in your order confirmation email. Terms of payment are
within our sole discretion and payment must be received by us before our
acceptance of an order. You represent and warrant that (i) the credit card
information you supply to us is true, correct, and complete, (ii) you are duly
authorized to use such credit card for the purchase, (iii) charges incurred by
you will be honored by your credit card company, and (iv) you will pay charges
incurred by you at the posted prices, including all applicable taxes, if any.
Delivery; Title and Risk of Loss. We will arrange for shipment of the
products to you. Please check the individual product page for specific delivery
options. You will pay all shipping and handling charges specified during the
ordering process. Title and risk of loss pass to you upon our transfer of the
products to the carrier. Shipping and delivery dates are estimates only and
cannot be guaranteed. We are not liable for any delays in shipments. Returns
and Refunds. We will accept a return of defective products for a refund of your
purchase price, less the original shipping and handling costs, provided such
return is made within 10 days of delivery and provided such products are
returned in their original condition. To return products, you must email us at email@example.com obtain return
instructions. You are responsible for all shipping and handling charges on
returned items. You bear the risk of loss during shipment. Refunds are
processed within approximately 10 business days of our receipt of your
merchandise. Your refund will be credited back to the same payment method used
to make the original purchase on the Site.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, 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,
LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
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,
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.
Who May Use This
This limited warranty extends only to the original purchaser of products and
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.
What Does This
This limited warranty covers during the Warranty Period (as defined below)
materials and workmanship in products and services purchased from the Site.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to: transportation;
storage; improper use; failure to follow the product instructions or to perform
maintenance; modifications; combination or use with any products, materials,
processes, systems or other matter not provided or authorized in writing by us;
unauthorized repair; normal wear and tear; or external causes such as
accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period
This limited warranty lasts for 90 days the "Warranty Period".
The Warranty Period is not extended if we repair or replace a warranted product
or re-perform a warranted service. We may change the availability of this
limited warranty at
our discretion, but any changes will not be retroactive.
What Are Your
Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will,
in our sole discretion, either: (i) repair or replace such products (or the
defective part) free of
charge or (ii) refund the purchase price of such products.
How Do You Obtain
To obtain warranty service, you must email us at firstname.lastname@example.org during
the Warranty Period.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES
AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED
LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY
YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE
WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
What can you do in
case of a dispute with us?
The informal dispute
resolution procedure detailed in 12 is available to you if you believe that we
have not performed our obligations under this limited warranty or these Terms.
Privacy. We respect
www.hoverstash.com/privacy, governs the processing of all personal data
collected from you in connection with your purchase of products or services
through the Site. Force Majeure. We will not be liable or responsible to you,
nor be deemed to have defaulted or breached these Terms, for any failure or
delay in our performance under these Terms when and to the extent such failure
or delay is caused by or results from acts or circumstances beyond our
reasonable control, including, without limitation, acts of God, flood, fire,
earthquake, explosion, governmental actions, war, invasion or hostilities
(whether war is declared or not), terrorist threats or acts, riot or other
civil unrest, national emergency, revolution, insurrection, epidemic, pandemic,
lockouts, strikes or other labor disputes (whether or not relating to our
workforce), or restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials, materials or
telecommunication breakdown or power outage. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and
construed in accordance with the internal laws of the State of Texas
without giving effect to any choice or conflict of law provision or rule
(whether of the State of Texas or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than those of the State of
Texas. Dispute Resolution and Binding Arbitration. YOU AND HOVERSTASH,
LLC 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
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
THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
The arbitration will
be administered by the American Arbitration Association ("AAA")
with the Consumer Arbitration Rules (the "AAA Rules")
then in effect, except as modified by this 12. (The 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
If any provision of
this arbitration agreement is found unenforceable, the unenforceable provision
will be severed and the remaining arbitration terms will be enforced.
Assignment. You will not assign any of your rights or delegate any of your
obligations under these Terms without our prior written consent. Any purported
assignment or delegation in violation of this 11
is null and void. No assignment or delegation relieves you of any of your
obligations under these Terms. No Waivers. The failure by us to enforce any
right or provision of these Terms will not constitute a waiver of future
of that right or provision. The waiver of any right or provision will be
effective only if in writing and signed by a duly authorized representative of
LLC. No Third Party Beneficiaries. These Terms do not and are not intended to
confer any rights or remedies upon any person other than you. Notices. To You.
We may provide any notice to you under these Terms by: (i) sending a message to
the email address you provide or (ii) by posting to the Site. Notices sent by
email will be effective when we send the email and notices we provide by
posting will be effective upon posting. It is your responsibility to keep your
email address current. To Us. To give us notice under these Terms, you must
contact us by emailing email@example.com. Notices sent by email will be
effective when you send the email. Severability. If any provision of these
Terms is invalid, illegal, void or unenforceable, then that provision will be
deemed severed from these Terms and will not affect the validity or
enforceability of the remaining provisions of these Terms. Entire Agreement.
agreement between you and us on the matters contained in these Terms.