Terms and Conditions | SunPopCare USA

TERMS & CONDITIONS

Shipping & Delivery

Orders placed on the SUNPOPCARE USA website ship to U.S. and Canada via USPS Priority Mail - Flat Rate Service.

FOR ALL OTHER INTERNATIONAL ORDERS PLEASE CONTACT info@sunpopcareusa.com to place your order.

Depending on the quantity of product ordered, your order may arrive in more than one package. USPS delivers in generally 2-3 business days to all US States and Territories. International orders are generally delivered in 6 to 10 business days. Taxes and duties are not charged by SUNPOPCARE USA if shipped outside CA. Tracking numbers are provided automatically with every shipment. Orders placed before the USPS daily pickup will ship on the same day. Pickups are made at our warehouse Monday-Friday, between 10AM - 2PM PST. USPS does not guarantee exact pickup times. For same-day shipping, please place your order before 9AM PST.

Returns & Replacements

SUNPOPCARE USA will resend any items that arrive damaged or defective by the shipper. The consumer must email SUNPOPCARE USA at info@sunpopcareusa.com within 24hrs of the delivery to make a claim for damaged items. Items damaged by the shipping company must be reported to SUNPOPCARE USA. Damaged items should not be physically returned to SUNPOPCARE USA unless the company requests it. Proof of damage must be supplied in the form of a digital photo emailed to SUNPOPCARE USA so SUNPOPCARE USA can file a claim with the shipping company to recover related costs.

All returned freight is the responsibility of the customer. Please contact SUNPOPCARE USA for a Return Authorization before shipping the return item(s). The return items must arrive at SUNPOPCARE USA within 10 days of the receipt date. Items must be in resaleable condition. After the returned item(s) are received by SUNPOPCARE USA, the consumer will be credited for the cost of the product and sales tax (if applicable) by the same method as the original payment. Shipping charges are not refundable. There will be a 20% restocking fee for all returned orders.

All returns must be shipped to: SunPopCare USA 7349 N. Via Paseo Del Sur - Ste 515-434 Scottsdale, AZ 85258

Refused Orders

All orders shipped and refused by the customer are the customer's responsibility, including return freight. This includes any fees by the shipper for the refusal of the delivery or disposal of the refused shipment if not returned to SUNPOPCARE USA. Product refused but not returned to SUNPOPCARE USA will not be refunded.

Returned Check Policy

If paying by check, SUNPOPCARE USA will not ship product until the check has cleared. Returned checks due to non-sufficient funds will incur a $35.00 returned check fee which the customer will have to pay in addition to the original fees by credit card.

Disputed Credit Card Policy

If paying by credit card and consumer disputes claim for no fault of SUNPOPCARE USA, SUNPOPCARE USA will add a $50 charge-back fee when reprocessing the credit card. The fee is to cover lost time by SUNPOPCARE USA and any fees by the processing bank. Sales Tax Appropriate sales tax will be charged on taxable items and shipping charges when these products are shipped to an address in the state of California.

Warranties

Manufacturer's warranty applies. No additional warranties are implied or extended.

Cancellation Policy

Orders may be cancelled until they are shipped. If you are having any trouble cancelling your online order, please call our Customer Service office at (480) 310-6270. If the order has been processed or shipped, the purchaser will be responsible for shipping and return shipping of product.

Foreign Taxes, Duties, Delivery Charges, Etc.

All taxes, duties, foreign delivery charges, etc. are to be paid by the the customer. It is the responsibility of the customer to pay these additional charges. It is the responsibility of the customer to contact the country to which the product is to be shipped and/or the freight company to know what these charges are before ordering from SUNPOPCARE USA. Refusal to pay taxes, duties, foreign delivery charges, etc. resulting in product not being delivered is the responsibility of the customer.

AGREEMENT BETWEEN USER AND Sunpopcareusa.com

The Sunpopcareusa.com Web Site is comprised of various Web pages operated by Sunpopcareusa.com.

The Sunpopcareusa.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sunpopcareusa.com Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

SunPopCare USA reserves the right to change the terms, conditions, and notices under which the Sunpopcareusa.com Web Site is offered, including but not limited to the charges associated with the use of the Sunpopcareusa.com Web Site.

LINKS TO THIRD PARTY SITES

The Sunpopcareusa.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Sunpopcareusa.com and Sunpopcareusa.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sunpopcareusa.com is not responsible for webcasting or any other form of transmission received from any Linked Site. Sunpopcareusa.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sunpopcareusa.com of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Sunpopcareusa.com Web Site, you warrant to Sunpopcareusa.com that you will not use the Sunpopcareusa.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sunpopcareusa.com Web Site in any manner which could damage, disable, overburden, or impair the Sunpopcareusa.com Web Site or interfere with any other party's use and enjoyment of the Sunpopcareusa.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sunpopcareusa.com Web Sites.

USE OF COMMUNICATION SERVICES

The Sunpopcareusa.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Sunpopcareusa.com has no obligation to monitor the Communication Services. However, Sunpopcareusa.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Sunpopcareusa.com reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.

Sunpopcareusa.com always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sunpopcareusa.com's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Sunpopcareusa.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Sunpopcareusa.com specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Sunpopcareusa.com spokespersons, and their views do not necessarily reflect those of Sunpopcareusa.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Sunpopcareusa.com OR POSTED AT ANY Sunpopcareusa.com WEB SITE

Sunpopcareusa.com does not claim ownership of the materials you provide to Sunpopcareusa.com (including feedback and suggestions) or post, upload, input or submit to any Sunpopcareusa.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Sunpopcareusa.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Sunpopcareusa.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Sunpopcareusa.com's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Sunpopcareusa.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Sunpopcareusa.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Sunpopcareusa.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Sunpopcareusa.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Sunpopcareusa.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Sunpopcareusa.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Sunpopcareusa.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Sunpopcareusa.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Sunpopcareusa.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Sunpopcareusa.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Sunpopcareusa.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Sunpopcareusa.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Sunpopcareusa.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Sunpopcareusa.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Sunpopcareusa.com WEB SITE.

SERVICE CONTACT: info@sunpopcareusa.com

TERMINATION/ACCESS RESTRICTION

Sunpopcareusa.com reserves the right, in its sole discretion, to terminate your access to the Sunpopcareusa.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, U.S.A. in all disputes arising out of or relating to the use of the Sunpopcareusa.com web Site. Use of the Sunpopcareusa.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sunpopcareusa.com as a result of this agreement or use of the Sunpopcareusa.com Web Site. Sunpopcareusa.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sunpopcareusa.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sunpopcareusa.com Web Site or information provided to or gathered by Sunpopcareusa.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sunpopcareusa.com with respect to the Sunpopcareusa.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sunpopcareusa.com with respect to the Sunpopcareusa.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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