Terms and Conditions
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KLEIN BLUE MEDIA LIMITED, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENT, GOODS, OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of Products sold through www.snusdirects.com (the "Site"). These Terms are subject to change by Voyage Link Limited, Rm D07, 8/F, Kai Tak Fty Building, No. 99 King Fuk Street, HONG KONG (referred to as "us," "we," or "our" as the context may require) without prior written notice, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any Product available through the Site. Your continued use of the Site after the "Last Updated Date" constitutes your acceptance of and agreement to such changes.
1. Relationship to Other Policies
These Terms are an integral part of the general Website Terms of Use that apply to use of the Site. You should also carefully review our Privacy Policy before placing an order for Products through the Site (see Section 10).
2. Order Acceptance and Cancellation
Your order is an offer to buy, under these Terms, all Products listed in your order (each, a "Product" and collectively, "Products"). All orders must be accepted by us, or we are not obligated to sell the Products to you. We may decline to accept an order at our sole discretion, even after sending a confirmation email with your order number and item details.
3. Prices and Payment Terms
- All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a Product is the price in effect when the order is placed, as set out in your order confirmation email. Price increases apply only to orders placed after the change. Posted prices do not include taxes or shipping and handling; these are added to your merchandise total and itemized in your cart and confirmation email. We strive for accurate pricing but may occasionally make typographical errors, inaccuracies, or omissions related to pricing or availability. We reserve the right to correct such errors and to cancel any orders arising from them.
- We may offer promotions on the Site governed by terms separate from these Terms. If a promotion's terms conflict with these Terms, the promotion's terms govern.
- Payment terms are within our sole discretion and, unless we agree otherwise in writing, payment must be received before we accept an order. We accept all major credit cards. You represent and warrant that (i) the payment information you supply is true, correct, and complete; (ii) you are duly authorized to use the payment method; (iii) charges you incur will be honored by your payment provider; and (iv) you will pay all charges incurred, including shipping, handling, and applicable taxes, at the posted prices, regardless of any different amount displayed at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss
- We will arrange shipment of Products to you. Check each Product page for available delivery options. You will pay all shipping and handling charges shown during checkout, which reimburse the costs we incur to process, handle, pack, ship, and deliver your order.
- Title and risk of loss pass to you when we transfer the Products to the carrier. Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for shipment delays of any kind.
5. Manufacturer's Warranty, Our Warranty, and Disclaimers
You acknowledge that Products offered through the Site may be secondary-market Products that have either (i) already been used, or (ii) are manufactured or controlled by a third party. We do not manufacture or control the Products offered on the Site, and the availability of a Product does not indicate any affiliation with or endorsement of that Product, service, or manufacturer. Products may be covered by a manufacturer's warranty as described in the Product's Site listing and included with the Product; to obtain manufacturer warranty service, follow the instructions included with that warranty.
OUR LIMITED WARRANTY. Notwithstanding anything to the contrary in these Terms, we offer a limited consumer Product warranty on the following terms:
- This warranty covers defects in materials and workmanship of the Product you purchase from us for the Warranty Period defined below.
- This warranty does not cover damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow Product instructions or perform preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or events beyond our reasonable control.
- This limited warranty starts on your purchase date and lasts for [Warranty Period, e.g., one year] (the "Warranty Period"). Repair or replacement does not extend the Warranty Period. We may change the availability of this warranty at our discretion, but not retroactively.
- For a defective Product during the Warranty Period, we will, at our sole discretion, either (a) repair or replace the Product (or the defective part) free of charge, or (b) refund the purchase price. If we repair or replace the Product, we will also pay shipping and handling to return it to you.
- To obtain warranty service, contact us through [Contact Email / Contact Method] during the Warranty Period to obtain a Defective Merchandise Authorization ("DMA") number. We do not provide warranty service without a DMA number.
- For clarity, no warranty service will be provided if the Product is returned locked, linked to a preexisting user account, or otherwise logged into or linked to any account or similar activation feature.
- DISCLAIMER OF WARRANTIES. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. EXCEPT FOR THE WARRANTY SET FORTH ABOVE, ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS, WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
You agree that we are not liable, under any circumstances, for breach-of-warranty claims or damages arising from a manufacturer's failure to honor its own warranty obligations to you.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) ON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, IS LIMITED TO THE ACTUAL AMOUNT YOU PAID FOR THE PRODUCTS YOU ORDERED THROUGH THE SITE.
7. Goods Not for Resale or Export
You represent and warrant that you are purchasing Products from the Site for your own personal or household use, not for resale or export, and that all purchases are intended for final delivery to our designated delivery region(s), e.g., the contiguous United States.
8. Force Majeure
We are not liable or responsible to you, nor deemed to have defaulted or breached these Terms, for any failure or delay in performance when caused by circumstances beyond our reasonable control, including without limitation acts of God, flood, fire, earthquake, explosion, governmental action, war, invasion or hostilities, terrorist threats or acts, riot or civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers, suppliers, materials, or telecommunications/power availability.
9. Governing Law and Jurisdiction
These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or your purchase of Products through the Site (whether based in contract, tort, statute, or otherwise, and including any non-contractual disputes or claims), are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region ("Hong Kong"), without giving effect to any choice-of-law or conflict-of-law provision or rule that would cause the application of the laws of any other jurisdiction. Subject to Section 10 (Dispute Resolution and Binding Arbitration) below, you and we each irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong for any dispute that is not subject to arbitration, including for the enforcement of any arbitration award or the seeking of interim or injunctive relief.
10. Dispute Resolution and Binding Arbitration
- YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHT TO LITIGATE CLAIMS IN COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. OTHER RIGHTS YOU WOULD HAVE IN COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any claim, dispute, or controversy (whether in contract, tort, or otherwise; whether pre-existing, present, or future; and including statutory, consumer-protection, common-law, intentional-tort, injunctive, and equitable claims) between you and us arising from or relating to your purchase of Products through the Site will be resolved exclusively and finally by binding arbitration.
- The arbitration will be administered by [Arbitration Organization, e.g., the American Arbitration Association ("AAA")] under its consumer arbitration rules then in effect, except as modified by this Section 12. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator has exclusive authority to resolve any dispute relating to the arbitrability or enforceability of this arbitration provision, including any unconscionability or validity challenge, and may grant any relief available in court under law or equity. Any arbitration award is final and binding and may be entered as a judgment in any court of competent jurisdiction. If you prevail on a claim that allows for attorneys' fees, the arbitrator may award reasonable fees under applicable law.
- You may instead pursue your claim in small-claims court if you give us written notice of that intention within [Small-Claims Election Window, e.g., 60 days] of your purchase. Any arbitration or small-claims proceeding is limited solely to your individual dispute.
- You agree to arbitrate on an individual basis. NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION, OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE-ATTORNEY-GENERAL CAPACITY. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding; any challenge to this class-arbitration waiver may be raised only in a court of competent jurisdiction. If any part of this arbitration agreement is found unenforceable, that part will be severed and the remaining arbitration terms will still be enforced.
11. Assignment
You will not assign any rights or delegate any obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is void and does not relieve you of your obligations.
12. No Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of future enforcement of that right or provision. A waiver is effective only if in writing and signed by our duly authorized representative.
13. No Third-Party Beneficiaries
These Terms do not confer any rights or remedies on any person other than you.
14. Severability
If any provision of these Terms is invalid, illegal, void, or unenforceable, that provision will be deemed severed and will not affect the validity or enforceability of the remaining provisions.
15. Entire Agreement
Your order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy together are the full, final, and integrated agreement between you and us on the matters they cover.
16. Contact Us
Company: Voyage Link Limited
Address: Rm D07, 8/F, Kai Tak Fty Building, No. 99 King Fuk Street, HONG KONG
Email: support@snusdirects.com