Terms and Conditions
1. Introduction
Welcome to Alternastica. These Terms and Conditions govern your use of our website, accessible at Alternastica.bigcartel.com, and the purchase of any products from Alternastica. By accessing or using the Website and/or purchasing Products from us, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Website or purchase our Products.
2. Eligibility
By using this Website, you affirm that you are at least 18 years old or have the necessary legal consent from a parent or guardian to use the Website and agree to these Terms. If you are using the Website on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
3. Account Registration
To access certain features of our Website or to purchase Products, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Keep your password secure and confidential, and notify us immediately of any unauthorized use of your account or any other breach of security.
You are responsible for all activities that occur under your account, whether or not authorized by you.
4. Intellectual Property Rights
All content on this Website, including but not limited to text, graphics, logos, images, videos, and software, is the property of Alternastica or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any content on the Website without our prior written consent.
You are granted a limited, non-exclusive, non-transferable license to access and use the Website and its content for your personal, non-commercial use only. Any unauthorized use of the Website or its content may result in termination of the license granted under these Terms and may violate applicable laws.
5. Product Information and Availability
We make every effort to display the colors, features, specifications, and details of the Products accurately. However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products.
All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason. Prices for all Products are subject to change.
6. Orders and Acceptance
When you place an order on our Website, you are making an offer to purchase the Products in accordance with these Terms. All orders are subject to acceptance by us, and we reserve the right to refuse or cancel any order for any reason, including but not limited to:
- Errors in pricing or product information.
- Out-of-stock or discontinued items.
- Suspicion of fraudulent or unauthorized activity.
If your order is canceled, we will notify you by email and provide a full refund if payment has already been made.
7. Pricing and Payment
All prices are listed in dollars and are exclusive of taxes and shipping fees unless otherwise specified. Prices and availability of Products are subject to change without notice. We are not responsible for typographical errors or inaccuracies in pricing.
We accept payment through Paypal. By providing your payment information, you represent and warrant that you have the legal right to use the payment method(s) provided. If payment is not received or is declined by your payment method, we reserve the right to cancel your order.
8. Shipping and Delivery
- Shipping: We offer shipping worldwide. Shipping costs and estimated delivery times will be calculated and displayed at checkout. Delivery times are estimates and are not guaranteed.
- Delivery: We are not responsible for delays caused by shipping carriers, customs clearance processes, or any other circumstances beyond our control. Title and risk of loss for the Products pass to you upon delivery to the shipping carrier.
- International Orders: If you are ordering from outside Bermuda, you may be responsible for additional customs duties, taxes, and fees. These charges are not included in the price of the Products or shipping fees and are your responsibility.
9. Returns, Exchanges, and Refunds
- Return Policy: We want you to be completely satisfied with your purchase. If for any reason you are not satisfied, you may return the Products within 14 days of receipt for a full refund or exchange, provided that the items are in their original condition, unworn, unwashed, and with all tags attached. To initiate a return, please contact our customer service at [email protected] with your order number and reason for the return.
- Refund Process: Once we receive and inspect the returned items. Refunds will be issued to the original payment method, and the time it takes for the refund to be reflected in your account may vary depending on your bank or payment provider.
- Exchanges: If you wish to exchange a product for a different size or color, please follow the return process and place a new order for the desired item. We do not offer direct exchanges.
10. Limitation of Liability
To the fullest extent permitted by law, Alternastica, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Website or purchase of Products, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising out of or relating to these Terms or your use of the Website or purchase of Products shall not exceed the amount paid by you for the Products in question.
11. Indemnification
You agree to indemnify, defend, and hold harmless Alternastica, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Website, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.
12. Privacy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.
13. Governing Law and Dispute Resolution
These Terms and your use of the Website and purchase of Products are governed by and construed in accordance with the laws of Bermuda, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms, your use of the Website, or purchase of Products shall be resolved through binding arbitration in Bermuda. The arbitration shall be conducted in English, and the arbitrator’s decision shall be final and binding. You agree to waive any right to a trial by jury or to participate in a class action.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website or purchase of Products after the posting of changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for any updates.
15. Termination
We reserve the right, in our sole discretion, to terminate your access to the Website and these Terms at any time without notice. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Alternastica regarding your use of the Website and purchase of Products and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
18. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Alternastica
[email protected]