These Order Terms and Conditions (these “Terms”) govern the placing of orders (“Order”) with Creopop Pte. Ltd, a Singapore Company ("CreoPop" or the “Company”) for the Products (as defined below). Please read these Terms carefully before submitting your Order of any Creopop Products. By submitting your Order, you agree to be legally bound by these terms.
You may order the CreoPop pens and inks, separately or in combination with each other. Company may also make other CreoPop labeled products available for orders in its discretion (collectively, the “Products”).
When placing a Order for the Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to [email protected].
You will be charged by CreoPop Inc., a Delaware corporation (the "Agent") at the time of placing the order. If the Company is unable to commence shipping of the Product within 90 days of your placing the Order, the Agent shall process a full refund to you. All Orders are handled through the Celery payment gateway. Methods of payment accepted are Visa, Master Card, American Express, PayPal and others as made available from time to time by the payment gateway provider. Your placing of a preorder constitutes your express agreement to the Agent charging of your provided payment method at such time. The purchase price does not include import duties, taxes and other government charges, which are your responsibility.
Products are expected to be shipped within 30 days of your placing of an Order subject to reasonable delays in manufacturing and/or delivery. Such timeframe is only an estimate, is subject to change, and Company does not represent or warrant that it will be able to ship the Product by the estimated timeframe. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, neither Creopop is nor the Agent are responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Products will be shipped in the order in which your Order is received by the Agent. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted.
Once you place your order, your order is final, non-cancelable and nonrefundable, except as specified in these terms and the applicable terms of sale.
If you provide information for the Order of the Products, Company and/or Agent will not use such information except as necessary or helpful to fulfill your order or as expressly set forth herein. Company and/or Agent will not provide such information to third parties except as set forth herein. Company and/or Agent may use provided information to create aggregate data that does not identify any specific individual or entity, and provide such aggregate data to its commercial partners on terms of its choosing.
Company and/or Agent may use third parties to process any provided information, even if such third parties are not located in your jurisdiction, so long as such third parties are subject to standard confidentiality arrangements. If permitted under law, Company and/or may use contact information that you provide to occasionally send you emails or other communications concerning the Products or other products of the Company.
Except as expressly provided in the Company’s terms and conditions of sale and to the maximum extent permitted by applicable law, the products are provided “as is” and “as available”, with all faults and without guaranteed warranty of any kind, and each of Company and Agent hereby disclaims all warranties and conditions with respect to the products, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
To the extent not prohibited by applicable law, in no event shall Company and/or Agent be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, arising out of or related to your use of or inability to use the radian device, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Company and/or Agent have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Company’s and Agents total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of your pre order. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Neither party shall be liable to the other for any failure to perform their obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect. This Agreement represents the entire agreement governing your Order of the Products and any prior agreements have no force or effect.
All disputes arising out of or relating to these Terms and sale of the Products, shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The arbitration shall be conducted in San Francisco, California. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the State of Delaware without reference to principles of conflicts of laws.
Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and you hereby waive any right to bring any claim as a representative of a proposed class, on an aggregated or mass basis, or as a private attorney general, or to consolidate arbitration proceedings without the consent of all parties thereto. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction.
The Company does not hereby waive any defense that such jurisdiction may be lacking in your jurisdiction. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these Terms shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in San Francisco, California, except that, following confirmation of an arbitration award in a state or federal court in San Francisco, California, a judgment arising therefrom may be executed in any court of competent jurisdiction.