Terms of use

  • General

 

    1. The online commerce site www.bumperscomfort.com (hereinafter, the “Site”), is established for the purpose of sale of Flipflops under the brand Bumpers (the “Brand” and the “Products”, accordingly), and intended to sell the Products in the US only.
    2. Browsing the Site or making any purchase or other action in the Site, means that you have read and accepted our Terms of Use (or, “TOU”), and agree to be bound by and comply with it.
    3. If you are not in agreement with these Terms of Use and you do not accept them, kindly refrain from making any transactions in the Site or make any use of the Site.
    4. The Site is owned and operated by AMN Solar Systems Ltd. (hereinafter, the “Company”). These Terms of Use are a binding agreement between any user of the Site (“You”), and the Company.
    5. Company reserves the right to change or modify or otherwise update these TOU at any time without prior written notice and its sole and absolute discretion.  Company will notify You of any such changes by posting a notice on the Site, and any such modified and/or updated TOU will govern the use of the Site as of the publication thereof in the Site. Your continued use of the Site constitutes Your acceptance of the new/modified TOU.
    6. Company reserves the right, at any time in its sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer special offers to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.
    7. In case of any conflict between these TOU and any applicable law, the applicable law shall govern, unless specifically stated otherwise in these TOU and the law allows deviation by consent.
    8. Unless otherwise specifically stated, all prices do not include (1) any applicable local, federal or international value added taxes, sales taxes, and any other taxes, levies or dues that may apply from time to time (2) packaging, shipping and handling fees (3) customs, if applicable. Separate charges for shipping, handling, and taxes will be shown on the order confirmation for each order as applicable. You shall be responsible for all sales tax, use tax, value added tax, goods and services tax, and any other taxes and duties associated with the order which may be charged in your jurisdiction.
    9. You must be older than 13 or at least the age that allows you to be bound by contracts in your jurisdiction (the older of which), in order to use the Site and order Products. Any person under such age must use the Site and make any purchase in the Site with the help of an adult, using payment means owned by such adult.
    10. This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
    11. These TOU are the entire agreement between Company and You relating to the subject matter herein and shall not be modified except as described herein.

 

 

  • Products and Display

 

      1. The photos of the products are presented for illustration purpose only. Although making its best efforts to provide photos that reflect the actual product in as much as possible, The Company does not warrant or guarantee that the Product will be identical (e.g., display of color, texture etc.) and differences may appear between the actual Product and the Photo  or between the Photo we created and the display on your monitor. Company shall not be held liable for such differences.
      2. To the extent there is an error in the description of a Product, its price, properties etc., the Company shall not be held liable, and shall have the right to correct the error, and cancel any order made based on erroneous information.

 

  • Data Protection and Security

 

      1. Your submission of personal information through the Site is governed by our Privacy Policy [Link]. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
      2. This Site uses HTTPS  protocol for securing the information transmitted through the Site and payments made through the site are made using PCI DSS Level 1. This is the current standard deployed in e-commerce sites all over the world.
      3. Your payment card details or other payment service credentials are not stored by the Site, any payments that you make are processed through a third party service.

 

  • The Purchase

 

      1. When making a purchase, You should ensure provision of full and accurate details. Make sure the Products selected are indeed the Products You wish to buy (model, color, size etc.).
      2. In case you provide the wrong address, shipping back to Company and then to the correct address will be made at Your cost.
      3. Company is entitled to make any credit checks or other security or clearance checks of your payment information prior to confirming any transaction. Any order will be complete and confirmed subject to completing the payment and only upon receipt of confirmation by the Company.
      4. To the extent a certain Product that was ordered is no longer in stock, the Company will notify You and is entitled to propose alternatives to You. To the extent You choose not to accept any alternative proposed to You, the transaction will be cancelled and all of payments made by You will be refunded in full (or, if payment is made by credit card, the credit card charge will be rescinded), and Company shall have no liability to you with respect to such cancellation, other than the refund of payments made by you to Company on account of the cancelled order.
      5. Company reserves the right to refuse any order You place with us. Company may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Company makes a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
      6. Without derogating from the generality of the aforementioned, Company reserves the right to limit, refuse or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors; are made based on an error in the Product price or description, or at any case provided that the Product has not yet been shipped and subject to a full refund in case payment has been made.
      7. From time to time the Site may offer sales or special offers. All such offers shall be valid until the last date set for such special offer, if specified, and/or until the Product stock applicable for this offer is sold out, the earlier of which.
    1. Shipping.
      1. Shipping of the Products is subject to our Shipping Policy [Link]. Please make sure to review carefully before selecting your preferred shipping scheme

 

  • Returns.

 

      1. Return of Products is subject to our Return Policy [Link]

 

  • Intellectual Property and Content.

 

    1. Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Company.
    2. The Site and the Contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
    3. Unless otherwise specified, the Site and the Contents are intended to promote Company’s products and services available in the United States. The Site is controlled and operated by Company, from its offices at16755 Von Karman, Irvine 92606 CA, USA .
  1. User generated content.
    1. The Site may allow You to provide or express ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials (“Customer Content”). Customer Content may also be delivered to Company by email, by postal mail, or otherwise.  You agree that Company may, at any time, without restriction, make use of the Customer Content, including, without limitation, edit, copy, publish, distribute, translate, and otherwise use in any medium any Customer Content that you forward to Company or post on the Site, where the Site interface allows it, without any compensation or remedy to you and without any obligation of confidentiality towards You.
    2. Company has the right but not the obligation to monitor and edit or remove any Customer Content at its sole discretion.
    3. You agree that Your Customer Content will not violate any right of any third party, including copyright, trademark, privacy or other personal or intellectual proprietary right. You further agree that your Customer Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Company or third parties as to the origin of any Customer Content. You are solely responsible for any Customer Content you make and their accuracy. Company takes no responsibility and assumes no liability for any Customer Content posted by you or any third party.
  2. Third Party Websites and Services.
    1. Through the use of the Site you may be referred to or get links to third party pages/websites and /or services, such as the PayPal service or other secured payment services. Such third party websites and/or services are governed by their own terms of use and privacy policies, and You should read them and ensure that they are acceptable to you prior to you use of such third party services.
  3. Warranty Disclaimer.  THE SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY RESPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOU LIMITATION, ANY AND ALL IMPLIED WARRANTEIS OF MERCHANTABILITY, REASONABLE CARE, COMPETABILITY, SEUCRITY, QUALITY, AVAILABLITY, COMPLETENESS, RELIABILTIY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPSOE – IN EACH CASE WITH RESPECT OF THE SITE AND THE PRODUCTS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR THE PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, OR SIMILAR ROGUE PROGRAMS OR HARMFUL PROPERTIES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE AND OUR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION PRESENTED ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL OR OTHER ERRORS, INACCURACIES OR OMISISONS. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT IN USE OF THE SITE.

 

 

  • Limitation on Liability.

 

    1. To the maximum extent permitted by applicable laws, Company’s liability toward You shall be limited to the total aggregate dollar amounts purchased by You through the Site within 12 months preceding any such claim giving rise to liability.
    2. To the maximum extent permitted by applicable law, Company shall not be liable to You with respect to any indirect, incidental, consequential, punitive, exemplary or other indirect damages (including without limitation, loss of income, loss of business, loss of profit), that may be caused to You or to any third party, as a result of use of the Site, Purchase of any Products or use thereof, regardless of the cause of the claim (whether in torts, contractual, or otherwise), whether or not Company should have or was aware of the risk of such damages.
    3. Any and all claims against Company must be made within 12 months as of the date of purchase of the Product concerning which a claim is made. After such 12 months, the claim shall be time barred.

 

 

  • Applicable Law and Jurisdiction

 

    1. The laws of the State of California will govern these Terms of Use. Any dispute relating in any way to your visit to the Site or products purchased on the Site shall be submitted to confidential arbitration in Los Angeles, California, except (i) in regards to issues regarding violations of Company’s intellectual property rights (including goodwill and reputation), and which we may seek relief from in any state or federal court in the State of California, and (ii) the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied.
    2. You and Company waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (except as set forth above). “Dispute” as used in these Terms of Use, means any controversy or claim arising out of or related to these Terms of Use, the subject matter of these Terms of Use, or your use of the Site or Products.
    3. You and Company agree that any Dispute is personal to us, and that any such Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither you nor Company agrees to class arbitration, or an arbitration where a person brings a dispute as a representative of any other person or persons. Neither you nor Company agrees that a dispute can be brought as a class representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
    4. You can contact us in any matter regarding these Terms of Use or the any questions about the Site, at [email protected] or 949-242-0088. Our address for mail is 16755 Von Karman Avenue, Irvine, CA, USA

 

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