Términos del servicio

 

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.  

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

YOU MAY NOT ORDER OR OBTAIN EITHER GOODS OR PRODUCTS FROM THIS WEBSITE IF YOU:

(A) DO NOT AGREE TO THESE TERMS;

(B) ARE NOT THE OLDER OF:

 (i) AT LEAST EIGHTEEN (18) YEARS OF AGE OR

(ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH HOP WTR INC.;

OR,

(C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR PRODUCTS BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of goods or products through www.hopwtr.com (the "Site"). These Terms are subject to change by Hop Wtr Inc. (referred to as "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 each and every time you purchase any goods or products through our Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of, and agreement to, such changes.

These Terms are an integral part of our Site’s Terms and Conditions that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for goods or products through this Site (see Section 9).

 

    1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all goods and products listed in your order. All orders must be accepted by us. We will be under no obligation to sell the goods or products to you without our express acceptance of your offer to buy. 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 formation of the contract of sale between Hop Wtr Inc. and you will not take place unless, and until, you have received your order confirmation email. You have the option to cancel your order within 3 hours of completing your order by emailing us at Cheers@hopwtr.com.
    2. Prices and Payment Terms.
      • All prices posted on this Site are subject to change without notice. The price charged for a good or product will be the price in effect at the time the order is placed. This price will be set out in your order confirmation email. Price increases will only apply to orders placed after the date on which the price increase is posted to our Site. 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 both your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.
      • Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, Discover, JCB, Diners Club, Elo, Apple Pay, Google Pay, Paypal, and Amazon Pay for all purchases. 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.
    3. Shipments; Delivery; Title and Risk of Loss.
      • We will arrange for shipment of the goods or products to you. Please check the individual good/product’s 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 delivery of the goods/products. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
    4. Returns and Refunds. Except for any goods or products specifically designated on the Site as non-returnable, we will accept a return of the goods or products for a refund of your purchase price provided such return is made within 30 days of delivery, and provided such goods or products are returned in their original condition.

Refunds are processed within approximately 3-5 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. WE DO NOT, AND WILL NOT, OFFER A REFUND ON ANY GOODS OR PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

  1. LIMITED WARRANTY.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND MAY OR MAY NOT APPLY TO YOU AND/OR YOUR SPECIFIC CLAIM/S. 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE GOODS OR PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

WE LIMIT THE DURATION OF ALL IMPLIED WARRANTIES AND ANY CONCOMITANT REMEDIES, 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 GOODS OR PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, 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 SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE EITHER THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

  • Who May Use This Warranty?

This limited warranty extends only to the original purchaser of goods or products from the Site. It does not extend to any subsequent owner, other owner, any transferee, transferee of the goods or products, or other either intended or unintended beneficiary of the goods or products.

  • What Does This Warranty Cover?

This limited warranty covers defects in materials and workmanship in goods or products purchased from the Site that arise during the Warranty Period (as defined below.)

  • What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

  • transportation;
  • storage;
  • improper use;
  • failure to follow the good’s or product’s instructions, or to perform any preventive maintenance;
  • modifications;
  • combination or use with any goods, products, materials, processes, systems or other matter not authorized in signed writing by a Hop Wtr Inc. executive who has express written authority to bind Hop Wtr Inc.;
  • 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 of Coverage?

This limited warranty starts on the date of your purchase and lasts for six (6) months (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted good or product. Although we may change the coverage period of this limited warranty at our discretion at any time, any such changes will not be retroactive.

  • What Are Your Remedies Under This Warranty?

With respect to any defective good/s or product/s you properly return to us during the Warranty Period, we will, in our sole discretion, either: (i) replace such goods or products free of charge or (ii) refund the purchase price of such goods or products. We will also pay for shipping and handling fees to return the replacement good or product to you if we elect to replace the defective good/s or product/s.

  • Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY AND ALL BREACH/ES OF THIS LIMITED WARRANTY. OUR LIABILITY WILL, UNDER NO CIRCUMSTANCES, EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE GOOD OR PRODUCT THAT YOU 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 PRODUCTS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

AS SOME STATES DO NOT ALLOW SOME FORMS OF LIMITATION OF LIABILITY, SOME OF THESE EXCLUSIONS OR LIMITATION, INCLUDING, BUT NOT LIMITED TO, A LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY OR MAY NOT APPLY TO YOU.

  1. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying goods or products from the Site for your own personal or household use only, and not for resale or export. Goods or products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
  2. Intellectual Property Use and Ownership. You acknowledge and agree that Hop Wtr Inc. is, and will remain, the sole and exclusive owner of all intellectual property rights in, and to, each good or product made available on this Site, and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other applicable intellectual property rights. You do not, and will not, have, or acquire, any ownership of these intellectual property rights in, or to, the goods or products made available through this Site, or of any intellectual property rights relating to those goods or products.
  3. Privacy. Our Privacy Policy, which is available for review at https://hopwtr.com/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your use of, or purchase of goods or products through, the Site.
  4. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under, or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of the buyer to make payments to the seller the other party hereunder), when, and to, the extent such failure or delay is caused by, or results from, acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood/s, fire/s, earthquake/s, or other potential disaster/s or catastrophes such as epidemics/pandemics; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot/s or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and [(i) other similar events beyond the reasonable control of the Impacted Party.

The Impacted Party shall give notice within thirty (30) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 consecutive days following written notice given by it under this Section 10, the other party may thereafter terminate this Agreement upon thirty (30) days’ written notice.

  1. Governing Law, Jurisdiction, and Venue.
    • 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of State of California.
    • Any action or proceeding by either you or us arising out, of or relating to, these Terms shall be brought only in any state or federal court located in the state of California, County of Los Angeles. The Parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.
  2. Dispute Resolution
    • Any controversy, dispute, or claim arising out of, or relating to, this Agreement, or breach thereof, shall first be settled through good faith negotiation.
    • If the dispute cannot be settled through negotiation within thirty (30) days, the Parties agree to attempt in good faith to settle the dispute through mediation administered by JAMS.
    • If the Parties are unsuccessful at resolving the dispute through mediation within 120 days from the date of the first mediation administered by JAMS, either or both Parties, shall be free to file a cause of action in any court of competent jurisdiction, as long as said court lies within Los Angeles County, California.
    • The confidentiality rules of the California Civil Code and the California Evidence Code apply to any proceedings undertaken in accordance with this clause, including, but not limited to, any negotiation or mediation.
    • You agree to sign any confidentiality statement presented by us.
  3. 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 Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  4. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement 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 Hop Wtr Inc.
  5. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  6. 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. 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 as follows: (i) cheers@hopwtr.com or (ii) by personal delivery, overnight courier or registered or certified mail to Hop Wtr Inc. at 5630 Venice Blvd Unit #660, Los Angeles, CA 90019. We may update either the email or physical address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  7. 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.
  8. Entire Agreement. Our order confirmation, these Terms, our Site’s Terms and Conditions, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. Any and all other written or oral agreements existing hereto between you and us regarding your purchase of goods from us are expressly canceled.