Website Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Waiākea's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Waiākea's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Waiākea's at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Waiākea's web site are provided "as is". Waiākea makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Waiākea does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Waiākea or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Waiākea's Internet site, even if Waiākea or a Waiākea authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Waiākea's web site could include technical, typographical, or photographic errors. Waiākea's does not warrant that any of the materials on its web site are accurate, complete, or current.Waiākea may make changes to the materials contained on its web site at any time without notice. Waiākea does not, however, make any commitment to update the materials.
Waiākea has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Waiākea of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Waiākea's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
9. Return & Refund Policy
Returns We do not accept returns at this time, except for certain situations as described below. If you are not completely satisfied with your purchase, contact us at firstname.lastname@example.org and we will assist you. There are certain situations where full or only partial refunds are granted: Any item not in its original condition, is damaged or missing parts for reasons not due to our error. Any item that is returned more than 30 days after delivery Any item not in its original condition, is damaged, or missing parts for reasons due to our error To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer. Refunds Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Late or missing refunds If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com Sale items Only regular priced items may be refunded, unfortunately sale items cannot be refunded. Unless otherwise noted in a promotion or advertisement, discounts cannot be combined with any other offer, discount, or promotion. If you are applying a discount to a monthly recurring order, unless otherwise noted, discounts only apply to the first month of delivery. Your monthly recurring price will return to its original monthly recurring price after the first delivery. No discount can be redeemed after an order has been placed and discounts cannot be combined to existing orders. All promotions and discounts are for new orders only. We are not responsible for any advertised promotion on sites not hosted by Waiākea Inc. Offers are subject to change at anytime. Exchanges We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: P.O. Box 12468 Marina Del Rey US 90295. Gifts If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will learn about your return. Shipping To return your product, you should mail your product to: P.O. Box 12468 Marina Del Rey US 90295 You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Welcome to the Terms and Conditions (“Terms”) for our Waiākea Hawaiian Volcanic Water Store (our “Store”). These Terms are between you and Waiākea, Inc. (“Waiākea Hawaiian Volcanic Water”, “we”, “us” or “our”), and govern your and our respective rights and obligations.
Recurring Subscriptions: If you sign up for a monthly recurring subscription membership plan from our Store, you will receive the same products you ordered every month. Your recurring subscription will continue until it is canceled by either you or Waiākea Hawaiian Volcanic Water.
Either you or Waiākea Hawaiian Volcanic Water can cancel the Month-to-Month recurring subscription plan at any time with no cancellation fee and no responsibility for recurring charges after cancellation, except that if a shipment in a recurring subscription has already been processed prior to such cancellation, your recurring subscription shipment will be cancelled after the aforementioned shipment, and you will still be responsible for payment of the last shipment.
Upon cancellation of any subscription plan, any account created or registered by you for our Store (your “Account”) will not be deleted and you can still sign in to our Store until such time as Waiākea Hawaiian Volcanic Water limits your access to or suspends your Account. You agree that any cancellation, limitation of access and/or suspension of your Account shall be made in Waiākea Hawaiian Volcanic Water’s sole discretion and that Waiākea Hawaiian Volcanic Water shall not be liable to you or any third party for the cancellation, limitation of access and/or suspension of your Account.
For more information about subscription plans available through our Store, please visit our FAQ page on the Site.
The following terms and conditions apply to Waiākea Hawaiian Volcanic Water’s e-Gift Cards in general and are subject to change at any time at Waiākea Hawaiian Volcanic Water’s sole discretion. Purchase, use or acceptance of a gift card constitutes acceptance of these terms and conditions:
- Only redeemable online at waiakea.com for products or services where available.
- All gift cards are for one-time use only.
- Not redeemable for cash, except where required by law.
- Lost, stolen or damaged gift cards will not be replaced.
- Not a credit or debit card.
- For gift card balance, email email@example.com. You will need to have your card number.
- No expiration date, no fees.
- Discounts or coupons are not redeemable toward gift card purchases.
- Resale is strictly prohibited
- These terms and conditions are subject to the laws of the State of California without giving effect to the principle of conflicts of laws.
- WAIĀKEA, INC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WAIĀKEA, INC DOES NOT REPRESENT OR WARRANT THAT A GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
- All terms enforced except where prohibited by law
As part of our order processing procedures for our Store, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
If at any time you suspect fraud or unauthorized access to your account, please contact us as soon as possible at firstname.lastname@example.org.
If you wish to purchase any product or service made available through our Store (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Waiākea Hawaiian Volcanic Water the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted in our Store are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in our Store does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any item purchased from our Store. By placing an order, you represent that the products ordered will be used only in a lawful manner. Waiākea Hawaiian Volcanic Water reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any Transaction through our Store; and (iv) refuse to provide any user with any product or service.
You agree that by placing an order through our Store, you are entering into a binding contract with Waiākea Hawaiian Volcanic Water and agree to pay all charges that may be incurred by you or on your behalf through our Store, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transaction.
For more information about ordering products through our Store, please visit our FAQ page on the Site.
RISK OF LOSS
Any product purchased from our Store will be shipped by a third-party carrier. As a result, title and risk of loss for such product will pass to you upon our delivery of product to the carrier for shipment and delivery to a customer.
RETURNS & REFUNDS
If the product(s) you purchased from our Store becomes damaged while being delivered by a third-party carrier to you, we will replace or refund the product for up to 60 days after the date of your purchase. For any replacements or refunds, please contact us at (855) 924-2532 or email us at email@example.com.
SUBJECT TO THE IMMEDIATELY PRECEDING PARAGRAPH, ONCE YOU PURCHASE A PRODUCT FROM OUR STORE, THE TRANSACTION IS COMPLETE AND WAIĀKEA, INC WILL NOT SUBSEQUENTLY ACCEPT A RETURN OR REFUND OF THAT PRODUCT FOR ANY REASON.
For more information about returns and refunds, please visit our FAQ page on the Site.
If you have any questions about these Terms, please contact us at (855) 924-2532 or email us at firstname.lastname@example.org.
© 2021 WAIĀKEA, INC. All rights reserved.