Last updated: March 1, 2023
Introduction
Welcome to Vakumar® Vacuum Sealer, Vacuum Sealer Bags!
These Terms and Conditions (“Terms”) govern your access to and use of our website located at vakumar.shop (the “Site”), as well as all related services, applications, content, and products provided by Vakumar (collectively referred to as the “Services”).
Please read these Terms carefully before using our Site or Services. By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms, do not access or use our Site or Services.
Use of Site and Services
You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Site or Services. Use of our Site and Services is void where prohibited by law.
Vakumar grants you a limited, revocable, non-exclusive, non-transferable license to access and use our Site and Services solely as permitted by these Terms. You agree not to access or use our Site or Services for any illegal, harmful, fraudulent, infringing, obscene, or objectionable activities.
All information, images, audio, video, and other content on our Site or made available through our Services is provided for informational purposes only. We make no representations about the accuracy, currency, suitability, or quality of the information available on our Site or through our Services.
Intellectual Property Rights
Our Site and Services may display or provide access to content, products, and services that are owned or licensed by Vakumar. Everything you see or read on the Site (collectively, “Content”) including but not limited to text, graphics, logos, scripts, stylized text, images, video, audio, music, sounds, interactive features, software, applications, trademarks, logos, and other materials are subject to copyrights, trademarks, service marks, trade dress, and/or other intellectual property owned, controlled or licensed by us.
The Content is protected by copyright and other laws in both the United States and other countries. We own the copyright in the selection, compilation, assembly, annotation, arrangement, coordination, and enhancement of the Content. You may display, reproduce, print or download portions of the Content solely for your personal, non-commercial purposes, provided that you maintain all copyright and other notices visible and intact. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use the Content without our prior written approval.
Do not remove, obscure or alter any copyright, trademark, or other proprietary rights notices on our Site or in our Services. If you believe your intellectual property rights have been infringed on our Site or by our Services, please notify us immediately.
User Content
By submitting, posting, uploading, transmitting, or otherwise making available any text, graphics, images, audio, video, software or other works or information (“User Content”) on or through our Site or Services, you represent that you have the lawful right to do so and that doing so will not violate any rights of third parties.
We do not claim ownership of your User Content; however, you grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, convert, sublicense, promote, distribute, perform, and create derivative works of User Content solely to provide our Site and Services. This license remains in effect even if you stop using our Site or Services.
You are solely responsible for your User Content and the consequences of posting it. We are not responsible for any loss, theft, or damage to your User Content. We have no control over and do not guarantee the sequence, accuracy, completeness, reliability, copyright compliance, legality, quality, safety, or suitability of any User Content.
You agree not to submit or transmit any User Content that is defamatory, harassing, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive. You may not impersonate any person or entity or falsely claim an affiliation with a person or entity. Do not disclose information that you do not have the right to disclose or that is confidential or sensitive. Do not submit content that violates the privacy or intellectual property rights of others.
We may remove or modify User Content at any time for any reason. We may suspend or terminate your access to our Site and Services if we suspect you are in breach of these Terms. You are solely responsible for creating backup copies and replacing any User Content you provide if our Site or Services are unavailable. We are not responsible for any loss, theft, security, or damage to your User Content.
Purchases and Payments
You may purchase physical goods, digital products or services from Vakumar through our Site (collectively, “Products”). All purchases are subject to these Terms. Additional terms and conditions may apply and will be disclosed at the time of purchase.
The price and availability of Products are subject to change at any time. All descriptions, images, references, features, content, specifications, products and prices of Products on our Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to accurately display colors, formatting and other product details. However, we cannot guarantee that your device or monitor will accurately display such information. Products may be limited in quantities and subject to substitution or cancellation at any time.
You agree to provide current, complete, and accurate purchase and account information. We reserve the right to refuse or cancel your order if we suspect the information is inaccurate, incomplete or fraudulent.
You must be at least 18 years of age or the applicable age of majority to purchase Products. We reserve the right to refuse or cancel your order if we suspect you are underage. If we suspect an order violates this age restriction, we may request valid identification demonstrating proof of age.
You are responsible for all charges incurred under your account, including any unauthorized charges. We reserve the right to remove or edit content on the Site, suspend user accounts, cancel orders or delay shipments as needed to protect you, us or third parties.
We will charge your payment method the amount due plus any applicable taxes and charges at the time of purchase. Automatic renewal and continuous service terms may apply and will be disclosed during checkout. You authorize us to store and charge your payment method as needed to process payments. No refunds are permitted for digital products or services unless required by law. For physical goods, see our Return Policy below.
We work to maintain secure payment systems, but we cannot guarantee absolute security of any information transmitted. You are responsible for maintaining the confidentiality of your login credentials and payment details. Notify us immediately if you become aware of any unauthorized access to or use of your account.
Return Policy
If you are not fully satisfied with a physical good purchased from Vakumar, you may return it for a refund within 30 days of delivery. To be eligible for a return, the item must be unused, in its original unopened factory packaging, and in resellable condition. You are responsible for all shipping and insurance fees to return an item.
We do not accept returns or provide refunds for any custom or personalized orders. When we receive your eligible return, we will provide a full refund of the purchase price, less the original shipping costs. Refunds may take 3-5 business days to process.
You have 10 days after we approve your return request to ship the item back to us. We reserve the right not to accept returns or provide refunds for late, lost, stolen, damaged, or ineligible items. You are responsible for risk of loss during return shipment. You must comply with our return shipping instructions or your refund will be denied or significantly delayed.
We reserve the right to refuse returns, impose restocking fees of up to 25% or deduct return shipping costs for ineligible, excessive or unreasonable returns. We may revise this policy at any time in response to abuse or violations. Requesting a return creates no obligation for us to provide a refund. Refund amounts are determined by us in our sole discretion. All refunds and exchanges are final.
Shipping Policy
We ship physical Products to addresses within the United States using standard shipping only. Estimated delivery dates and times will be provided at checkout, but cannot be guaranteed. We are not liable for any delays caused by shipping carrier. If an item is lost during shipping, we will work with you to investigate and replace the order if it cannot be found.
You bear all risks of loss or damage during shipment. We reserve the right to choose the shipping carrier and method. You are responsible for providing us with an accurate shipping address, email address and phone number. We are not responsible for undeliverable shipments due to outdated or incorrect customer information.
Shipping and delivery dates provided to you are just estimates. We work hard to meet estimated dates and times, but cannot guarantee delivery by a specific date or time. You may cancel unshipped orders at any time prior to shipment. Orders marked as ‘Shipped’ cannot be changed or canceled.
Title and risk of loss pass to you upon our transfer of the Products to the carrier. We are not liable for lost or stolen packages. If your order never arrives or arrives damaged, please contact us so we can investigate. We may request photos or inspection to determine damage claim eligibility.
Promotions and Discounts
Vakumar may offer promotional discounts, coupon codes or other promotions from time to time. Promotional offers cannot be combined unless stated otherwise. We reserve the right to rescind or modify any offer at any time. Discounts and offers only apply to eligible items and purchases that meet the promotional requirements disclosed. Promotions are limited in quantity, time and applicable terms.
Promotional codes and offers may not be transferred, resold, gifted, modified or distributed in any unauthorized manner. We may block, terminate or restrict accounts or ordering access to those suspected of code misuse or other unauthorized or fraudulent activity related to promotions or discounts.
Third Party Services
Our Site and Services may contain promotions, links or integration with third party websites, services, offers, deals and events (“Third Party Services”). We do not own or operate Third Party Services. The availability of or any content on Third Party Services may change at any time in their sole discretion.
We are not responsible for performance of or issues relating to Third Party Services. You bear all risks associated with access to and use of Third Party Services. We make no warranties or guarantees regarding Third Party Services, and are not liable for any such access or use. If you choose to purchase, subscribe, register for or otherwise interact with Third Party Services, you agree to additional terms may apply. You should review any applicable terms and policies on Third Party Services. Complaints, claims, concerns or questions regarding Third Party Services must be directed to the appropriate third party.
Disclaimers
Our Site and Services are provided to you on an ‘AS IS’ and ‘AS AVAILABLE’ basis without representations, warranties or conditions of any kind. We disclaim any express or implied warranties or conditions including implied warranties of merchantability, fitness for a particular purpose, title, availability, security, accuracy and non-infringement.
We do not warrant that access to the Site or Services will be uninterrupted, available at any particular time or error-free. We may suspend, limit, modify or discontinue all or any portion of our Services at any time. We are not liable for viruses, data corruption, delays, inaccuracies, errors, omissions or losses caused by your use of the Site or Services.
Content downloaded from our Site or Services is downloaded at your own discretion and risk. You are solely responsible for any damage to your equipment, devices, software or loss of data caused by use of the Site or Services.
We do not control and are not responsible for the User Content submitted by others. We cannot guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site or Services, you may be exposed to content that is objectionable or offensive. We are not liable in any way for User Content or third party content available on or through the Site or Services.
Certain state laws do not allow limitations on implied warranties or exclusions of liability for certain types of damages. If these laws apply, some or all of the limitations or exclusions in these Terms may not apply to you, in which case liability is limited to the maximum extent permitted by law.
Limitation of Liability
Vakumar and our officers, directors, agents, partners, affiliates, employees, suppliers and publishers are not liable for any indirect, incidental, special, consequential, punitive or multiple damages, including without limitation damages resulting from loss or injury to business, lost profits or revenues, loss of goodwill, use or data, arising in connection with access to or use of the Site or Services.
The total collective liability and damages for any claims under these terms or use of the Site and Services is limited to the lesser of: (a) the amount you paid to us under your account in the past 6 months, or (b) one hundred dollars. Some states do not allow exclusion of liability for certain types of damages, so some parts of these limitations may not apply.
Indemnity
You agree to fully indemnify and hold harmless Vakumar and our officers, directors, agents, partners, employees, suppliers, and publishers from any claim, demand, loss, liability, damage or expense (including reasonable attorneys fees) that may arise in connection with your use of or conduct in connection with the Site and Services, your User Content, your violation of these Terms or violation by you of any rights of any third party.
Termination
We reserve the right to investigate, suspend, revoke or terminate your access and use of the Site or Services at any time with or without notice and for any reason. We may discontinue operating the Site or Services or terminate these Terms, with or without notice to you, and shall not be liable to you or any third party should we exercise such rights.
Accounts or access may be suspended or terminated if you engage in or we suspect any illegal, fraudulent, abusive or harmful activity. Provisions that survive termination of these Terms are still enforceable after termination. Termination will not limit any of our other legal or equitable remedies.
Governing Law
These Terms and any disputes related to access to or use of the Site or Services are governed by the laws of the United States and State of Delaware, without regard to conflicts of law rules. You agree to submit to the personal jurisdiction and venue of the courts located in Delaware for all disputes regarding these Terms, the Site or Services.
Arbitration
You and Vakumar agree to first make a good faith effort to informally resolve any dispute under these Terms by contacting the other party. If a dispute cannot be resolved within 30 days, then you or Vakumar may initiate binding arbitration administered by JAMS. Any arbitration will be conducted only on an individual basis and not in a class, consolidated or representative action.
The arbitration will be conducted by a single neutral arbitrator selected jointly by you and us in Delaware or another mutually agreeable location. The arbitration will be conducted under confidentiality rules and under rules, policies and procedures as agreed between the parties or issued by the arbitrator following petition by any party. The arbitrator may award any damages or other relief allowed by applicable law.
General Terms
These Terms constitute the entire agreement governing access and use of the Site or Services. If any provision of these Terms is deemed invalid, unlawful or unenforceable, the invalid, unlawful or unenforceable provision will be severed from the Terms and the remaining Terms will continue in effect.
The Site is controlled and operated by Vakumar from within the United States. We do not represent the Site is appropriate for use or permitted by law outside the United States. Accessing the Site or Services does not authorize use of the Site or export of the Services in violation of U.S. or other laws. If you access the Site or Services from outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws.
Any purported assignment or transfer of your rights under these Terms in violation of this section is void. You may not transfer or assign any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms.
No waiver by either party of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default. Our failure to enforce or exercise any provisions of these Terms does not waive our right to subsequently enforce or exercise such right. Section headings are for convenience only and do not define, modify or limit the Terms.
Questions
Please contact us if you have any questions or concerns regarding these Terms. Contact information can be found on our Site. Thank you for being a valued customer and user!