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Terms & Conditions

Terms & Conditions

About These Terms and Conditions

Shop Brands Direct (www.shopbrandsdirect.com) Tel: (909) 638-1674 (“Website”) is a website operated by Shop Brands Direct Corporation  (“SBD”), a company registered in the United States of America.

In these Terms and Conditions "we" or "us" mean SBD and its affiliates and subsidiaries, and "you" means the user and/or the customer of the Website. 

SBD reserves the right to amend these Terms and Conditions from time to time without prior notice to reflect changes made to the operation of the Website. Whilst we will make every reasonable effort to notify you of any changes to these Terms and Conditions, you are advised to check these Terms and Conditions periodically to update yourself on any changes and apprise yourself of the then current Terms and Conditions applicable to your membership and use of this Website.

*SBD generally works to verify all promotions and offers, though the responsibility for the offer bares with the merchant making the offer. 

Copyright/Trademark Information

This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is the copyright of SBD, or of other copyright owners. Permission is granted to electronically reproduce and print in hard copy portions of this Website for the sole purpose of placing an order with SBD, or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, communication, or republication) without our prior written permission is strictly prohibited.

“SBD”, “Shop Brands Direct” and “shopbrandsdirect.com” are the trade names, trademarks, domain names, and company names of SBD and its subsidiaries or affiliates. All other trade names, trademarks, product names, company names, titles or logos used on this Website are the property of their respective owners. No permission may or may not have been given by us in respect of the use of such trade names, trademarks, product names, company names, titles or logos. 

Discounts & Referrals

Discounts and referrals may be offered from time to time and will be subject to the individual terms of the offer or promotion. 

Referrals are only valid for purchases made directly from the SBD; offers are not valid on purchases made from third-party websites, links, or external websites that are on SBD. *Shop Brands Direct takes no responsibility for third party offers. 


Exclusive Promotions & Third-Party Promotional Offers

All Discounts, promotions, offers, and referrals that are offered by Shop Brands Direct are available exclusively on the Shop Brands Direct website and may not be valid on third-party websites or external links. 


SBD displays promotional offers from third-party websites. Promotional offers may not reflect an official partnership agreement and are only listed for the benefit of SBD consumers. Shop Brands Direct takes no responsibility for the accuracy and term from third-party promotions. 


From time to time, offers listed on Shop Brands Direct may no longer be valid on the third-party website.


Colors & Displayed Product Images

We have done our best to reproduce as accurately as possible the colors of the Products shown on this Website. However, because the colors you see on the Website will depend on your monitor, we cannot guarantee that your monitor's reproduction of any color will be accurate.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst SBD will make every reasonable effort to present accurate information on this Website, the information may contain typographical errors or inaccuracies and may not be complete or current. Neither SBD nor any third party or data or content provider makes any representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinions, any company information, news, research information, data and/or content contained on this Website (including but not limited to any information which may be provided by third party or data or content providers) (“Information”) and shall not be bond in any manner by any Information contained on this Website. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update Information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

Indemnification

You shall indemnify and hold SBD and its affiliates and subsidiaries, and their respective employees, representatives, agents, affiliates, directors, officers, managers and shareholders (collectively the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify any of the Parties under this Section, SBD shall have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from SBD. 

Legal Capacity To Transact

By accepting these Terms and Conditions you represent and warrant that you are over the age of eighteen (18) years. If you are under the age of eighteen (18) years you cannot place orders on this Website. Should SBD suffer any damage or other losses as a result of a transaction entered into by a minor, SBD reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed on this Website.

Placing Your Order

Any contract for purchases through this Website will be made with Shop Brands Direct Corporation. 

You may place an Order by adding items to “My Cart” on the Website and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on the Terms and Conditions applicable at the time of purchase. Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes or should be deemed as an offer by us to supply any Products to you, however SBD will make every effort to supply Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. SBD and its affiliates and subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received, we will contact you by email or telephone.


Prices

Price is the price listed on the Website at the time order is submitted and prices are given in USD. SBD reserves the right to change prices for Products displayed on the Website at any time.  

Sales Tax

Unless otherwise stated on the Product listing or in our invoice for your purchases, the product listing and invoice prices do not include Sales Tax on the Products you purchased from us. You may be liable to pay duty or taxes on certain goods that are imported from overseas. 

Delivery Costs

Product prices quoted do not include delivery costs.  Any delivery or handling charges in relation to your Order will be notified to you at the time you place your Order and will be added to the price.

Shipping & Delivery of Goods

Products listed on Shop Brands Direct ship from different companies and locations. Shop Brands Direct acts as a third-party provider and marking arm for brands and Shipping and Deliveries are the sole responsibility of the Brand. Delivery times may vary depending on the Brands Shipping and Delivery Policies. *Brands are responsible for proving delivery and tracking information.

If a delivery fails for any reason and the address sent to was the correct address as provided by the customer, Shop Brands Direct, cannot be held liable if a package is returned to the brand. 

Title and risk of loss to all products will pass to you on delivery unless otherwise specified in the Direct Import Goods Clause.

For the avoidance of doubt, In the event that there is any ambiguity relating to the passing of risk and title to the goods, risk, and title to the goods will pass to you on the first attempt at delivery irrespective of whether it was successful or not. 

Supply Of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.

Your Rights To Return A Product

Only credits are offered if you have changed your mind about the Product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order.

Refund Policy

We have a 30-day return policy, which means you have 30 days after receiving your item to request a return. Returns are handled and honoured by the merchant who supplied your item, and not by Shop Brands Direct. Shop Brands Direct will endeavour to liaise with the merchant for any return requests.

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You will also need the receipt or proof of purchase.

To start a return, you can contact us at refund@shopbrandsdirect.com. If your return is accepted, we will send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return question at refund@shopbrandsdirect.com.  

Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Exceptions / non-returnable items
Certain types of items cannot be returned, like Underwear and personal care goods (such as beauty products). Please get in touch if you have questions or concerns about your specific item. 

Refunds
We will notify you once the merchant has received and inspected your return, and let you know if the refund was approved or not by the merchant (the merchant reserves the right to decline any returns). If approved, you will be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

Computer Hardware - Exclusions and Limitations

We are not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any warranty. In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, we will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with our Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. We specifically do not represent that we will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data. Where a computing Product needs to be returned to us for replacement or a refund, we will in no manner whatsoever be responsible for any data you may leave on the computing Product.

Our Liability

In no event shall SBD and any of its affiliates and subsidiaries, be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect, special, incidental or consequential loss or damage of any kind including but not limited to loss of use, loss of data, loss of business or profits, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Your Data - Use And Protection

Please see the Privacy Policy section of the Website for full details of how we use and protect your personal information. You consent to any personal information which we may obtain about you via (either via this website, by email, telephone or any other means) being collected, stored, and otherwise processed in accordance with the terms of the Privacy Policy. We may update our Privacy Policy from time to time, at our sole discretion, and post an updated version of the Privacy Policy at the Privacy Policy section of this Website.

Force Majeure

Neither SBD nor any of its affiliates and subsidiaries, shall be liable for any failure or delay in performing any of its obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond their reasonable control and we shall be entitled to a reasonable extension of time for the performance of such obligations.

Entire Agreement

These Terms and Conditions together with your Order constitute the entire agreement between you and SBD in relation to your use of the Website, your Shop Brands Direct membership, and the supply of the Products to you by SBD. These Terms and Conditions cannot be varied except by us in writing or by e-mail. Neither you nor SBD shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representation, whether written or oral, between you and SBD.

Modification/Alteration

We may at any time modify any relevant Terms and Conditions, policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Website.

Miscellaneous

These Terms and Conditions are binding upon the parties and their respective successors and permitted assigns.

These Terms and Conditions will not be assignable or transferable by you without our prior written consent.

No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

You and SBD are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions.

The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, USA without giving effect to any principles of conflict of law, and any disputes arising in connection with this Website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith shall be subject to the non-exclusive jurisdiction of the courts of Florida, USA


Current version of the Terms and Conditions effective as of 1 October 2020