eStore Retail Services will be closed from December 23 through December 26th, in order to give our employees time to spend with their families during the holidays. Orders placed during that timeframe, as well as after the outlined times below for Express & Rushed Delivery on December 22nd, will be shipped when we re-open on December 27th
TERMS AND CONDITIONS OF UNLOATHE SITE
This website –(the “Site”) is being made available to you free-of-charge. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “Unloathe,” “we,” “us,” and “our” refer to, Unloathe Inc., its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions, you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
See policy conditions below. To the extent, there is a conflict between the terms of the Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions shall govern.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Site. In accordance with the Digital Millennium Copyright Act. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you believe has been infringed; A description of where the material that you claim is infringing is located or identified on the Site; Your name, address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
By e-mail: [email protected]
Unloathe and other marks which may or may not be designated on the Site by a “TM” “®” “SM” or other similar designations are registered, pending or unregistered trademarks or service marks of Unloathe in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Unloathe. Unloathe trademarks and trade dress may not be used in connection with any product or service that is not, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits. All other trademarks not, owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen- scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Unloathe or its Associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations.
Portions of the Site may be covered by one or more patents.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
The Site is provided on an “AS IS,” “as available” basis. Neither, Unloathe nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither Unloathe, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. Further, Unloathe makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. Unloathe specifically disclaims warranties of any kind, whether expressed or implied, including, but not limited to , warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall Unloathe or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of G-d, communications failure, theft, destruction or unauthorized access to records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including, but not limited to, contract, negligence, or other tortious action, or an action in equity, even if an authorized representative of has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Site. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of, Unloathe its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of or any third party. Notwithstanding the foregoing, neither Unloathe nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Unloathe , nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Site, you agree to grant (i) us and our respective contractors and business partners a non- exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms and Conditions, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user’s personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site or with any subdivisions of the Site such as Community, etc. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Florida, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Unloathe and/or its Associates.
If you access the Site from within the United States or Canada, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in the State of Florida, USA, except that, to the extent you have in any manner violated or threatened to violate Unloathe’s intellectual property rights. Unloathe may seek injunctive or other appropriate relief in any state or federal court in the State of Florida USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Unloathe,“we,” “us,” or “our” as appropriate has created the following Privacy and Security Policy to let you know what information we collect, why we collect it, and to whom it may be disclosed.
This Privacy and Security Policy applies to all Unloathe, “Sites”.
This Privacy and Security Policy also addresses our data security practices and the options you have to access and control personally identifiable and non-personally identifiable information.
Our Terms and Conditions govern this Privacy and Security Policy.
To the extent there is a conflict between the terms of this Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions shall govern.
We may periodically make changes to this Privacy and Security Policy.
It is your responsibility to review this Privacy and Security Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.
This Privacy and Security Policy supersedes any and all previous versions.
Entering the Sites constitutes your acceptance and agreement to all terms contained in this Privacy and Security Policy. If you do not agree with the terms set forth in this Privacy and Security Policy, please do not enter the Sites.
Personally Information identifiable
The term “personally information identifiable ” means information that you voluntarily provide to us and which personally identifies you, such as your name, phone number, physical address, and any other data or information that would allow someone to personally identify you.
To make a purchase, we require you to supply us with personally identifiable information. The purchase information will be gathered and a history of your purchases will be created, enabling Unloathe to provide you with the continual recurring orders. If you supply us with personally identifiable information, you may later access, update, and modify any inaccuracies.
Please note, we keep a copy of the previous personally identifiable information for our records. If you would like to review or change your personally identifiable information, you may do so at any time by accessing your account through the “My Account” portion of this site.
You may also choose not to provide personally identifiable information at the point of collection; however, you will not be able to purchase products.
In some areas of the Sites, you may have the ability to post or publish personally identifiable information. You should take care and avoid posting or publishing personally identifiable information
Non-Personally Information Identifiable
We collect non-personally identifiable information in order to operate, develop and improve the Sites, their functionality and our products, services and performance.
We collect non-personally identifiable information in order to provide you with personalized recommendations for products advertised on or sold through the Sites.
Non-personally identifiable information is collected in the aggregate to, among other things, determine the total number of users of the Sites, prepare utilization reports, diagnose and correct compatibility problems or other problems with the Sites and perform statistical analyses to enable us to build a higher quality, more useful online service.
We also collect non-personally identifiable information to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various aspects of the Sites. By supplementing our records, this information helps us learn things like user preferences, popular search categories, click-through rates, what kinds of offers users like to see and in general, how to improve the functionality and relevancy of the Sites
Personally Identifiable Information
We do not sell or rent personally identifiable information to third parties.
We may disclose personally identifiable information to our staff and to third parties involved in the completion of your transaction, the delivery of your order, and analytics to support your use of the Sites.
We may disclose personally identifiable information to trusted third parties whom we engage to process your personally identifiable information for us.
We may disclose personally identifiable information if necessary to protect our legal rights, if the information relates to actual or threatened harmful conduct, or we have good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on us or (2) to protect and defend our property or other rights, the users of the Sites or the public.
We may disclose personally identifiable information with other companies and organizations for fraud and credit risk purposes.
We will use commercially reasonable efforts to make you aware of the disclosure of your personally identifiable information contrary to the terms set forth in this Privacy and Security Policy, if, for example, we discover a security breach.
Non-Personally Identifiable Informationâ€¨We do not sell or rent non-personally identifiable information to third parties.
We may disclose non-personally identifiable information to our staff and to third parties involved in the completion of your transaction, the delivery of your order, and the analysis and support of your use of the Sites.
We may disclose non-personally identifiable information to trusted third parties whom we have engaged to process non-personally identifiable information for us.
We may disclose non-personally identifiable information, if necessary, to protect our legal rights, if the information relates to actual or threatened harmful conduct, or we have good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on us, or (2) to protect and defend our property or other rights, the users of the Sites, or the public.
We may disclose non-personally identifiable information to our affiliates and third parties in order to provide you with personalized recommendations for products advertised on or sold through the Sites.
We may engage third party advertising companies to advertise products or services to you online. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. They may also use this technology to serve specialized or relevant advertising content and/or recommendations to you on the Sites or on a third party’s website.
Any information that these third parties collect via cookies and action tags is completely anonymous and does not contain any personally identifiable information.
If you would like more information about this practice and your choices, including how to opt- out please advise us in writing or via email.
Also, if you would like to opt out of our using cookies for interest-based advertising purposes, please advise us in writing or via email.
We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form.
We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system.
While no computer system is completely secure, we believe the measures implemented by our Sites reduce the likelihood of security problems to a level appropriate to the type of data involved.
We employ physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of any personally identifiable information.
We generally keep user data on our server or in our archives for as long as we reasonably need it (for instance, to create historical data, for taxation or insurance purposes, or in case orders may give rise to claims).
We may alter this practice according to changing requirements. For example, we may delete some data, if needed, to free up storage space. We may keep other data for longer periods if the law requires it.
In addition, information posted in a public forum could stay in the public domain indefinitely.
The Sites may contain links to third party websites.
We are not responsible for the privacy practices or the content of such websites even if you access those using links from our Sites.
Your use of these third party websites is entirely at your own risk and we recommend that you check the privacy and security policy of each website you visit.
Clicking on a third party link will essentially take you to a third party’s website.
We make no representation or warranty as to the effectiveness, quality, legitimacy or data protections of any third party website.
From time to time, we may send non-commercial electronic mail messages to your email account.
In addition, we regularly send email order confirmations and email order updates to you after you have submitted an order.
If you have a privacy question about the Sites, or about the Privacy and Security Policy, please contact us at:
Or write to us at:
20855 NE 16 Ave, C-13
Miami, FL 33179
Orders generally ship within 1-3 business days and should arrive within 5-10 business days. It will be Unloathe’s option to choose what method of delivery is best for your particular order. Unloathe may use a third party delivery service, for which Unloathe can not guarantee, but can only predict a delivery time. Unloathe will make its best effort to predict time of delivery but delivery times are merely an estimate. Delivery dates and times may vary from time to time. You will receive a shipping confirmation email upon Unloathe’s confirmation of delivery date and time. Customers cannot specify the carrier of their choice. Delivery and delivery times are subject to the individual carrier. Unloathe cannot guarantee and takes no responsibility for individual carrier shipping.
You can initiate a return for new unopened items within 15 days of delivery for a full refund, subject to a restocking fee.
You must return items in new or unused condition with all original materials included with the shipment. We must receive your returned items at our processing facility within 30 days of delivery. We inspect all returned items and award a partial refund for opened or used products. If the return item is a result of our error or defective product we will refund the full cost of the merchandise.
We inspect all returned items when they arrive at our processing facility. We refund the full cost of the merchandise if your return is a result of our error or defective product.
If the return is not a result of our error and you initiate a return of an unopened item within 30 days of delivery, Unloathe will refund the full cost of the merchandise minus the original shipping charge and actual return shipping fees plus a restocking fee. For any returned item, Unloathe will charge a restocking fee of 50% of the purchase price plus the additional charges mentioned above. Unloathe will not accept returns of opened items unless otherwise approved in writing by Unloathe.
You can expect your refund within four weeks of shipping your package back to us. In many cases you will receive a refund sooner, but we estimate four weeks because of the time required for return shipping (up to 14 days), product inspection at our returns facility (up to 10 business days), and processing from your bank or credit card company (up to 30 business days). We will notify you via email with the details of your refund and we issue refunds in the form of payment used to make your purchase.
After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Delivery Confirmation”).
A contract with us will only be formed when we send you the Delivery Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Delivery Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory.
By placing an order, you authorize Unloathe to charge your credit or debit card for the amount listed on the order subject to shipping terms. Further, you are specifically authorizing continual and recurring charges to your credit card or debit card based ON YOUR PREVIOUS ORDER HISTORY.
By placing your order you acknowledge and specifically grant Unloathe the authority to continually charge your credit or debit card based on recurring orders as determined by your previous order history. Unloathe may charge your credit card upon confirmation of shipping information and delivery time. The times and frequency of the charges may vary depending on changes in your order history.
Unloathe will create a historical continual history of your purchase orders and create an order history enabling Unloathe to provide a continual and recurring automatic order for you each and every order.
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Delivery Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Delivery Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
In states where we have no physical presence, we are not required to collect and remit sales tax for Site purchases. However, many states require that their residents file a sales or use tax return for items purchased on this Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In some states we collect and remit sales tax. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may overcollect or undercollect your tax. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless Unloath , its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has ”shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
All items purchased from Unloathe are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
Disclaimers of Warranty, and Limitations of Liability
Unloathe warrants to you that, where you buy a product as a consumer, any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample.
Our liability for losses any customer suffers as a result of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the Terms and Conditions. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987; (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence; or (d) for fraudulent misrepresentation.
Other than the warranties and other assurances we give you in these Terms and Conditions, we specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by us shall create a warranty.
State of Florida rules and statutes shall be used as applicable law. If you access the Site from anywhere other than the United States or Canada, you agree that State of Florida laws will govern these Terms and Conditions and the purchase of products by you through the Site, and that any dispute of any sort that might arise between you and Unloathe or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of State of Florida, U.S.A. If any portion of these terms and conditions are declared invalid then only that portion shall be invalid and all other provisions shall apply.