© 2021 Kao USA Inc. ("Kao") All rights reserved.
BY USING THIS WEB SITE YOU UNDERSTAND AND AGREE THAT:
Information contained on this website (the "Site") concerning any products or services is only applicable in the United States and is for your personal and non-commercial use only. All titles, names and graphics used in connection with the Site are trademarks of Kao or its licensors, except as otherwise indicated. All materials contained on the Site are the copyrighted property of Kao or its licensors. Reproduction, republication or distribution of any material from this Site beyond what is required to enable you to view the Site is strictly prohibited, except that the user may, for personal and non-commercial use only, download and make a single hard copy. Information regarding Kao products and services is subject to change without notice. Some products and services may not be available in certain areas. The information contained on this Site is intended for general information purposes only. The views and opinions expressed on the Site are not necessarily those of Kao. Mention of products and/or companies should not be understood as an endorsement of, or a statement of affiliation with, such products and/or companies.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Site. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these terms and conditions. You may not frame portions of the Site within another website or establish links from any other website to any page of the Site other than the home page. You may not resell use of, or access to, the Site to any third party without our prior written consent.
REASONABLE CARE HAS BEEN TAKEN TO ENSURE THAT THE SITE CONTENT IS ACCURATE AND UP-TO-DATE. HOWEVER, KAO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF SITE CONTENT NOR ANY OTHER WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR SITE, WHICH ARE PROVIDED ON AN "AS-IS" BASIS. KAO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KAO SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).
This Site may provide links or references to other sites but Kao has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from such content. Any links to other sites are provided merely as a convenience to users of this Site.
Neither Kao, its agents, affiliates, representatives, nor any other party involved in creating, producing, or administering the Site (collectively, the "Kao Parties") shall be liable for any indirect, incidental, consequential, special, or punitive damages whatsoever arising out of your use of the Site or any services or products offered through the Site, even if such party has been advised of the possibility of such damages.
In no event shall the aggregate, total liability of the Kao Parties to you for all damages, injury, losses and causes of action (whether in contract, tort or otherwise) arising from or relating to your use of the Site exceed the greater of: (a) the amount, if any, paid by you to Kao in respect of your use of this Site or (b) $100.
This Site is provided as a service to its visitors. Kao reserves the right to delete, modify or supplement the content of the Site at any time, including changes to these terms, for any reason, without notification to anyone. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes are made conclusively demonstrates your acceptance of those changes.
Terms and Conditions for Product Orders
April 1, 2021
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO ANY TRANSACTION MADE ON THIS WEBSITE. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR PRODUCTS BY ANY APPLICABLE LAW, RULE, OR REGULATION.
(1) Applicability of Terms and Conditions: These terms and conditions (these "Terms") shall apply to your purchase of products through shop.jergens.com (the "Site"). These Terms are subject to change at any time without prior written notice by Kao USA Inc. (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
(2) Online Orders: When placing an order on our Site, you are effectively offering to purchase whatever product(s) you select. We reserve the right to accept or reject any order in our discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide. However, even if we accept and confirm an order (as evidenced by a confirming email), we reserve the right to cancel any order at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent the confirming email referenced herein to you. Cancellation requests may be submitted to email@example.com during normal Monday-Friday business hours 8am-4pm CST, however, we cannot guarantee order cancellation.
Once orders are received into our shipping department, orders can ship immediately upon receipt therefore making the opportunity to cancel the order on our end very unlikely. In this case, a return authorization will be needed.*
*In cases where we can process a return to sender, we can provide such service for a 30% restocking fee, taken from your total refund.
(3) Payment Terms: All applicable prices are set forth for products offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges (unless otherwise noted). Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you hereby represent and warrant your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
(4) Shipping Information: It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges unless otherwise noted. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
(5) Returns and Refunds:
(a) Kao offers products and services of integrity. If a product described on the Site is not as described when you receive it, your sole remedy is to return the unused, unopened product to us as for a full refund; provided: (i) your return is made within thirty five (35) days of delivery; (ii) the product is unopened and returned in the same condition as originally received by you; and (iii) you include the original purchase receipt. Used or opened product cannot be returned.
(b) Return Process
iii. After contacting us and obtaining a return authorization please ship the item to the following address:
Attention: Jergens Holiday Gift Box Returns
1150 N Swift Rd, Unit A
Addison, IL 60101
(c) Defective/Damaged Product
If a received item is defective or damaged, please contact us directly at firstname.lastname@example.org to arrange a refund or replacement. Please note, images may be required for all claims of defect and damage.
After receiving your return and inspecting the condition of the item, we will process your refund. Please allow seven (7) business days from the receipt of your item to process your return. Please allow 5-7 business days for the funds to appear to the original form of payment, depending on your financial institution. You will be notified once the refund has been initiated.
(6) Representations & Warranties; Limitations on Liability:
(a) Buyer’s Representations & Warranties: You represent and warrant to us: (i) that you have the right to enter into any transaction contemplated by your use of the Site without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the product(s) as instructed; and (iii) that you are buying product(s) from the Site for solely your own use, and not for resale and/or export.
(b) LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SITE OWNER, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, CO-BRANDERS, SUBSIDIARIES, OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
(9) Third Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
(10) Force Majeure: Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
(11) Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
(12) Partial Invalidity: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
(13) Governing Law/Binding Arbitration:
(a) Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts law. If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
(b) BINDING ARBITRATION: SUBJECT TO ALL APPLICABLE LAWS, YOU ARE AGREEING TO GIVE UP: (I) YOUR RIGHT TO LITIGATE ANY CLAIMS THAT MAY ARISE HEREUNDER IN COURT OR BEFORE A JURY; AND (II) YOUR RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASS-ACTION CLAIM THAT MAY ARISE HEREUNDER IN ANY MANNER OR FORUM. INSTEAD, ANY CLAIM, DISPUTE, OR CONTROVERSY OF ANY KIND OR NATURE ARISING HEREUNDER WHICH CANNOT BE AMICABLY RESOLVED BY US SHALL BE SOLELY AND FINALLY SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL TAKE PLACE BEFORE A PANEL OF THREE ARBITRATORS SITTING IN HAMILTON COUNTY, OHIO. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE ARBITRATORS WILL BE BOUND TO ADJUDICATE ALL DISPUTES IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO. THE DECISION OF THE ARBITRATOR(S) SHALL BE IN WRITING WITH WRITTEN FINDINGS OF FACT AND SHALL BE FINAL AND BINDING ON THE PARTIES. WE SHALL BEAR ALL OF OUR OWN COSTS, AS WELL AS YOUR REASONABLE OUTSIDE ATTORNEYS’ FEES, ACTUALLY INCURRED IN CONNECTION WITH ANY SUCH ARBITRATION PROCEEDINGS; PROVIDED, HOWEVER, THAT IF WE ARE THE PREVAILING PARTY, WE SHALL BE ENTITLED TO REIMBURSEMENT FOR THOSE AMOUNTS THAT WERE EXPENDED ON YOUR BEHALF. WITH RESPECT TO ANY ARBITRATION HEREUNDER, AS STATED ABOVE, YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASS-ACTION CLAIM OF ANY KIND OR NATURE. THIS SECTION 13 PROVIDES YOUR SOLE RECOURSE FOR THE SETTLEMENT OF ANY DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THESE TERMS. IF ANY PROVISION OF THIS CLAUSE IS FOUND UNENFORCEABLE, SUCH UNENFORCEABLE PROVISION WILL BE REMOVED AND THE REMAINING TERMS WILL BE ENFORCED.
(14) No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
(15) Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) by phone at: 1-800-521-3189, between 9am - 5pm (EST); (ii) by email at email@example.com or (iii) by personal delivery, overnight courier, or registered or certified mail to: Kao USA Inc., Attn: Consumer Care – Jergens Holiday Gift Box, 2535 Spring Grove Ave., Cincinnati, OH 45214.