Sugarpak
Terms & Conditions
Last modified: November 16, 2020
Introduction
JCB Ventures LLC d/b/a Sugarpak (“Sugarpak,” or “we”) is an online fashion retail company that designs, sources, markets, and sells women’s and men’s apparel, children’s clothing, and accessories (collectively, the “Products”).
These Terms & Conditions (the “Terms”) describe your rights and responsibilities when using and making purchases through our website sugarpakclothing.com (the “Website”).
By your use, continued use, browsing, registering, placing orders or making purchases of the Products at the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms and by any applicable terms and conditions of our fulfillment partner Printful, Inc., 11025 Westlake Dr Charlotte, North Carolina 28273 (“Printful”) that are available at: https://www.printful.com/policies.
These Terms represent binding commitments by you to Sugarpak. IF YOU DO NOT ACCEPT AND AGREE WITH ALL OF THE TERMS WITHOUT MODIFICATION, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE FOR ANY PURPOSE AND TO MAKE PURCHASES OF ANY PRODUCTS.
This Website is not intended for use by any person under the age of eighteen (18). By using the Website, you represent that you are at least eighteen (18) years old and are fully able and competent to enter into these Terms and warranties set forth herein.
The Terms are subject to change without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Modified Date” referenced in the Terms on the Website. You should review the Terms prior to purchasing any Products that are available through the Website. Your continued use of the Website after the “Last Modified Date” will constitute your acceptance of and agreement to such changes.
You should also carefully review our Privacy Policy before placing an order for the Products through the Website.
Partnership and Fulfillment by Printful
Sugarpak sells the Products through a print-on-demand platform Printful. This means that all Products offered on the Sugarpak’s Website are printed, embroidered or sublimated by Printful exclusively after the purchase is complete. The Products are then packed and shipped by Printful directly to you (the “Customer”) on Sugarpak’s behalf. Sugarpak does not warehouse or fulfills any Products sold through the Website. Sugarpak serves as a middle party between Printful and the Customer.
You can access Printful’s Terms of Service and Policies, including returns, shipping and delivery, at: https://www.printful.com/policies.
Account Creation and Termination
In order to access some features available on the Website, you will have to create an account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms, and Sugarpak has no obligation to investigate the authorization or source of any such access or use of the Website.
You will be solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Sugarpak of any unauthorized use of your password or identification or any other breach or threatened breach of the Website’s security.
From time to time, we may restrict access to some or all parts of the Website. We may terminate your access to the Website at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms. You may terminate your account at any time, for any reason, by following any such instructions on the Website, or by contacting us at sugarpak111@gmail.com.
Order Acceptance and Cancellation
You agree that your order is an offer to buy all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
If you made a mistake when ordering, please contact us immediately at sugarpak111@gmail.com. However, always be sure to review your offer before ordering. Before sending the order, you have the possibility to edit all the information you have entered, such as the shipping or billing address, the credit card information, or to change or delete items in your shopping cart.
Prices and Payment Terms
All prices, discounts, and promotions posted on the Website are subject to change without notice. The prices charged for the Products will be the prices 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.
We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. Your payment information is collected by the Website in an encrypted form and is passed on to Sugarpak’s merchant services provider Stripe, Inc., 510 Townsend Street San Francisco, CA 94103 (“Stripe”), for purposes of obtaining payment between yourself and Sugarpak. You should review Stripe’s terms and policies at: https://stripe.com to understand how they process and retain your payment information. You can contact Stripe at: https://support.stripe.com.
By inserting your payment information, 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 shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Shipments; Delivery; Title and Risk of Loss
Shipments and delivery of the Products is operated through Printful and is subject to Printful’s Terms of Service available at: https://www.printful.com/policies.
When you go to make the payment, we will indicate that you choose the shipping method in relation to your order. Before clicking on the payment button, you will be able to see the total price to be paid and any discounts that may be applicable. The taxes to be paid will appear broken down in the terms established by the applicable regulation. Delivery options will be shown on the Website so you can select the destination of the purchased Products, however, the delivery process is managed by Printful.
You shall cover delivery costs. Delivery prices are additional to the prices of Products and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. Some Products are packaged and shipped separately.
Printful cannot guarantee delivery dates and, to the extent permitted by law, accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Website. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes.
Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
For the monitoring and follow-up of orders as well as their history, it will be necessary to create an account at the Website. A username and password will be required. The access to said account will be through a link issued to the email that the Customer has provided on the Website or directly at sugarpakclothing.com.
Returns and Refunds
Returns and Refunds of the Products are handled by Printful and are subject to Printful’s Return Policy available at: https://www.printful.com/policies/returns.
Printful does not offer returns and exchanges, but if there’s something wrong with your order, please let us know by contacting us at sugarpak111@gmail.com.
Refunds are only offered to customers that receive wrong or damaged items. If any of these apply, please contact us with photos of wrong/damaged items at sugarpak111@gmail.com and we’ll sort that out for you.
Any claims for misprinted/damaged/defective items must be submitted to Printful within 4 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. Claims deemed an error on Printful’s part will be covered at its expense.
Photographs
Some items may appear slightly larger or smaller than their actual size due to the display settings and photographic technique. Other items may be represented in a size larger than their actual size in order to clearly show details, or smaller than their actual size in order to display the entire item.
Sugarpak does not assure the fidelity of the colors under any hypothesis. The pieces may have different intensity and color tones in relation to the product photograph or the screen of your monitor and Sugarpak is not responsible for the variations that these may have. Under no circumstances will you be eligible for a purchase cancellation, product return or refund for this reason.
Counterfeit Alert
Sugarpak products are printed with original designs made by our designers, we do not sell copies, imitations or similar products that pose as authentic products.
Goods Not for Resale or Export
You represent and warrant that you are buying the Products from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Customer Responsibilities
The Customer is obliged to make a lawful use of the Website, without violating the current legislation, nor injuring the rights and interests of third parties. The Customer guarantees the veracity and accuracy of the data provided by supplementing the contracting forms, avoiding the damage caused to Sugarpak due to their incorrectness.
Failure to comply with any of these terms and conditions may give rise to the withdrawal or cancellation of services by Sugarpak without prior notice to the Customer and without entitlement to any compensation.
Industrial and Intellectual Property
The Website, including all of its information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (the “Content”) belong at all times to Sugarpak or to those who grant us the license for their use. You may use the Content only to the extent that we or the usage licensers authorize expressly.
Content on the Website is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Sugarpak or the respective owners or licensors. We reserve all rights not expressly granted in and to the Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Products, provided by you to us are non-confidential and shall become the sole property of Sugarpak.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
The intellectual and industrial property rights over the works, brands, logos, and any other subject to protection, contained on the Website belong exclusively to Sugarpak or third parties that have authorized their inclusion on the Website. The unauthorized reproduction, distribution, commercialization or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of Sugarpak or the owner thereof, and may give rise to the exercise of any legal or extrajudicial actions that may correspond to them in the exercise of their rights.
Likewise, the information that the Customer can access through the Website may be protected by industrial, intellectual or other property rights. Sugarpak will not be responsible in any case and under no circumstances for the infringements of such rights that may be committed by the Customer.
Manufacturer’s Warranty and Disclaimers
We do not manufacture any of the Products offered on our Website. The availability of Products through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the Products offered on our Website. However, the Products offered on our Website are covered by the manufacturer’s warranty as detailed in the Product’s description on our Website and included with the Product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability
IN NO EVENT SHALL SUGARPAK BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE.
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, 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.
Legal Disputes
We are available by email at sugarpak111@gmail.com to address any concerns you may have regarding your use of the Website and purchase of the Products. Most concerns may be quickly resolved in this manner. Sugarpak and the Customer agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.
This Website is operated from the US. 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 Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
Any civil action or legal proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of record of the State of Florida in Miami-Dade County or the United States District Court, Southern District of Florida, Miami Division. Sugarpak and the Customer irrevocably consent to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court.
IN ANY CIVIL ACTION, COUNTERCLAIM, OR PROCEEDING, WHETHER AT LAW OR IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR RELATED TO THESE TERMS, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, TRIAL SHALL BE TO A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT, AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES TO THIS AGREEMENT OF THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. EACH PARTY HAS READ AND UNDERSTANDS THE EFFECT OF THIS SECTION.
Enforcement Costs; Attorney’s Fees
If any legal action (even if suit is not filed), civil action or other legal proceeding is brought for the enforcement of these Terms, or, in whole or in part, because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and all expenses even if not taxable as court costs (including all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post judgment proceedings), incurred in that proceeding, in addition to any other relief which such party may be entitled. Attorneys’ fees shall include paralegal fees, investigative fees, and administrative costs and all other reasonable charges billed by the attorney to the prevailing party (including any fees and costs associated with collecting such amounts).
Indemnification
You agree to release, indemnify, and defend Sugarpak and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Website; (2) your purchase of the Products; (3) your breach of these Terms.
Assignment
You may 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 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
No Waiver; Severability
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
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
These Terms, together with our Privacy Policy, and any other legal notices published on the Website, shall constitute the entire agreement between you and Sugarpak concerning the Website and any purchases of the Products, and supersedes all prior terms, agreements, discussions and writings regarding the Products. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Notices
We may provide any notice to you under these Terms by: (i) sending a message to the email address or the phone number you provide to us, or by posting to the Website. Notices sent by email or text will be effective when sent and notices provided by posting will be effective upon posting. It is your responsibility to keep your email address and phone number current. To give us notice under these Terms, you must contact us as follows: (i) by e-mail at sugarpak111@gmail.com; or (ii) by mail at 303 East Woolbright Rd. #266, Boynton Beach, FL 33435. We may update our e-mail or mail address for notices by posting a notice on the Website. Notices provided by e-email will be effective immediately after sending. Notices provided by mail will be effective three business days after sending.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy, available at: 303 East Woolbright Rd. #266, Boynton Beach, FL 33435, governs the processing of all personal data collected from you in connection with your purchase of the Products through the Website.
Contact us
We welcome your questions and comments about these Terms. You may contact us anytime through the “Customer Service” section of the Website or via e-mail at sugarpak111@gmail.com.