Terms and Conditions
Welcome to TrySnow.com. By using this website, you agree to be bound by the Terms and Conditions set out below.
All customers who order from a sale are subject to final sale. If you have an issue with your order or product, please email firstname.lastname@example.org or call us at 1 (888) 991-2796.
References in these Terms and Conditions to "we", "us" and "Snow Whitening" are to Snow Whitening, Inc.
1. Online Shopping
1.1 We are taking care to ensure that all prices, pictures, and descriptions of products appearing on the website are correct. We have made every effort to display as accurately as possible the appearances, colors, textures or finishes of our products that appear on the website. What you see will depend on your monitor and computer equipment, we are therefore unable to guarantee that the product images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your purchase.1.2 We will not be liable if for any reason the Snow Whitening website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all the Snow Whitening website.
Most of the time we do NOT ship orders the same day. It will take 1-2 business days to process your order, regardless of the shipping option selected*. (*Excluding the holiday/promotional season). We ship Monday through Friday, excluding weekends and holidays. If you placed your order on Monday, your order should ship out on Tuesday or Wednesday. You will receive a tracking number once your order ships.
2.1 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions. Anyone who purchases our products CANNOT make them available for sale on any third-party platform (Amazon, eBay, etc.)
2.2 Non-acceptance of your order may be due to any one or more of the following non-exhaustive reasons:
The product you ordered is out of stock;
Our inability to obtain authorization for your payment;
We have identified a pricing or product description error;
There is a system or procurement failure.
2.3 When you place an order on our website we will email your order detailing the product you have ordered and the payment method used.
3. Tracking Your Order
3.1 Once your payment has cleared, we will process your order. You will receive a confirmation e-mail as soon as your order has shipped with the name of the courier and tracking number link to track your package. The tracking information may take 1 – 2 days to show. Sometimes the tracking information is not updated but you will still receive your order. If there is a problem with your package delivery, please contact the courier directly.
USPS® Customer Service
Call 1-800-ASK-USPS® (1-800-275-8777)
3.2 All of our shipments include Tracking with Delivery Confirmation. If the tracking information confirms that the item has been delivered to your order address but you have not received your order, please contact couriers at numbers above in order to investigate this issue. We cannot be held accountable for packages where tracking information states the package has been delivered to your order address.
3.3 It is the responsibility of the buyer to make sure that she or he enters the shipping address correctly. We do our best to speed up processing and shipping times, hence there is a very small time gap to cancel/change your order or to change the address of your order. If you decide to cancel your order or change your shipping address, please write to us at email@example.com as soon as you place your order. We will do our best to make the change, however, we cannot guarantee that we will be able to do so, as there are varying time limits in which we are able to do so.
4. Snow Whitening Pick-Up
4.1 The Snow Whitening Pick-Up service allows you to choose a pick-up your item from any of our stores.
4.2 We will aim to have orders placed before 4pm available for pick-up the next day.
4.3 We will make every effort to make your goods available for pick-up within the estimated timescales. However, delays are occasionally inevitable during a sale or other busy periods or due to unforeseen factors or events outside our control, for example, extreme weather, a flood or fire. Snow Whitening shall be under no liability for any delay or failure to make the products available for collection within estimated timescales.
4.4 Orders will be available for pick-up at a designated collection point in each store once you have received your pick-up email. Please see your pick-up confirmation email for details of where the pick-up point is located.
4.5 To pick-up your order from store please make sure that you bring the payment card or photo ID along with your order number.
4.6 Risk of loss and damage to the goods passes to you on the date when the goods are collected by you. In the event that a friend collects the goods on your behalf, the risk will pass to you on the date the goods are collected by them.
4.7 If you fail to pick-up your order within 7 days of your pick-up date, your items will be returned to our distribution center and will be no longer available for pick-up. Refund will be available 21 days of your original pick-up date.
5. Order Cancellation
5.1 If for any reason, you wish to cancel any order you have placed before it has been delivered or been made available for pick-up using the Snow Whitening Pick-Up service and it has not been dispatched, you can cancel the order by contacting Snow Whitening Customer Service team online at firstname.lastname@example.org
5.2 As it is our policy to try to process orders immediately it may not always be possible to stop an order from being dispatched.
6. Returns Policy
Please refer to our Return Policy available on this link.
7. Payment Methods
7.1 We only accept payment for orders in US Dollar.
7.2 We accept payment by MasterCard, Visa, Visa Debit and Paypal.
7.3 We are taking all reasonable measures, to keep the details of your purchase and payment secure, but, in the absence of negligence on our part, we will not be liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Snow Whitening website. Our site uses industry-standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details.
7.4 By buying one of our product, you specifically authorize us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including, but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
8. Pricing Policy
8.1 Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as canceled.
9. Product Availability
9.1 Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. Goods are subject to availability. As there is a delay between the time when your order is placed, and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items.
9.2 All items are subject to availability.
10. Member Account
Registering and using the Snow Whitening website may involve you setting up an account and giving a password. You are fully responsible for maintaining the confidentiality of your account and the password, and all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. Snow Whitening cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 10.
11. Content/Activity Prohibited
11.1 Please choose carefully the information you post on the Snow Whitening website and that you provide to other users. You must not misuse the Snow Whitening website. You will not: send or otherwise post unauthorized commercial communications to users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to others users; post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the Snow Whitening website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
11.2 We reserve the right, in our sole discretion, to reject, edit or refuse to post any content and to remove any content from the Snow Whitening website, whether or not the content is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
11.3 Please remember these Online Rules:
Snow Whitening advises you not to reveal any personal information about yourself or anyone else that would allow you to be identified including but not limited to: telephone number, home address, business address, delivery address or email address.
Snow Whitening reserves the right to close user accounts if we believe a user is using proxy Internet Protocol addresses (IPs) as a method to hide the use of multiple accounts or to disrupt any of our services in any way. If you use multiple logins for the purpose of disrupting the community we may take action against you and close your accounts.
By submitting any material to us, you automatically grant Snow Whitening a royalty-free, perpetual, exclusive right and license to use, modify, edit, adapt, publish, re-use, translate, distribute, perform and display such material in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You acknowledge that we are not obliged to publish any material submitted by you.
By submitting any material to us, you agree to use the Snow Whitening website in accordance with these Rules and website Terms and Conditions.
If you fail to abide by these Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. Action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all of the Snow Whitening website.
Snow Whitening reserves the right to edit or delete any contribution, or take action against any user account, at any time, for any reason.
If you do not want to grant Snow Whitening the permission set out above on these terms, please do not submit or share your information.
12. Florida Law
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Liability and Indemnity
13.1 Snow Whitening shall not be liable for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material on this website or the performance of the product purchased through the website or the conduct of other users of this website, even if Snow Whitening has been advised of the possibility of such damages.
13.2 The Snow Whitening website may also contain links to other websites, which are not operated by Snow Whitening. When you activate any of these you will leave the Snow Whitening website and we have no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under our control.
13.3 You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.
13.4 We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
14. Comments and Complaints
Please contact us if you have any comments or complaints by contacting: email@example.com
We will always try to resolve any dispute as fast as possible.
The website is controlled and operated in the USA. Any terms and conditions concerning the usage of this website will be governed by the laws of United States and any dispute concerning use of this website will be determined exclusively by the United States Courts.
16.1 We may change these Terms and Conditions at any time. If any of these Terms and Conditions are invalid or unenforceable, the remainder of these Terms and Conditions shall continue to have full force and effect.
16.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
16.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
16.4 Snow Whitening reserves the right to amend, remove or vary the Services and/or any page of this Website at any time and without notice.
17. Entire Agreement
These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Snow Whitening. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of Snow Whitening.
18. SMS/MMS Mobile Message Marketing Program Terms and Conditions
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that SNOW and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of cosmetics and oral care products. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Phoenix, Arizona before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which SNOW Cosmetics LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
19. Phone call permissions
By submitting your phone number on this website, you agree to receive abandoned cart call-backs and order confirmation calls from our sales and support team. You can opt-out by emailing your information to email@example.com with the subject line "DO NOT CALL ME"
20. Giveaway Terms
Receive an Entry Without Purchase (alternate method of entry “AMOE”): A Participant can request an entry without buying an item on TrySnow.com by mailing a legibly handwritten, self-addressed, stamped envelope (“SASE”) with sufficient postage and a return address, including first and last name, street address, city, state, and ZIP code to: Snow Teeth Whitening, 4401 E Baseline Rd #103, Phoenix, AZ 85042. DO NOT SEND ANY COMMENTS OR QUESTIONS TO THIS ADDRESS. (1) ONE single entry per household will be entered into the giveaway. Mail-in requests, including both outer envelope and SASE, must be handwritten. Outer envelope must include a return address in the upper left hand corner that matches the requestor’s street address, and must be postmarked no sooner than February 1st, 2021.
21. Our details
SNOW COSMETICS LLC
UK/EU Terms of Service
Schedule 1. Terms and Conditions
1. You are shopping on a merchant’s website (the “Merchant”).
2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.
3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:
3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.
3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.
3.3 The Merchant remains responsible for handling payment for your order.
3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.
3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.
3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
3.8 You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.
4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.
6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.
9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:
9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .
9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.
9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:
(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:
- a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
- a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
- a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and
(B) In relation to the transport of a Product or Products to an address:
- in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
- in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.