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Terms of service

  1. GENERAL

1.1 Services. The Site and the App are provided by PUFFSHARK US Services, LLC. Where applicable, PUFFSHARK” , the "Company" "we" "us" and "our" shall refer to PUFFSHARK US Services, LLC and its affiliates and "you" or "your" shall refer to the user of the Services.

The Services provide an online marketplace that enables users in the United States to purchase products from third-party sellers ( “Third-Party Seller(s)” ) and/or PUFFSHARK Distribution Corporation. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.

1.2 Updates to the Terms. We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. When changes are made, we will make a new copy of these Terms available on the Services, and we will also update the “Last Updated” date at the top of the Terms. We may also require you to provide consent to the updated Terms in a specified manner before further use of the Services (or certain functionality thereof) is permitted. By continuing to use or access any of the Services or otherwise engaging with PUFFSHARK after the posting of changes, you accept and agree to any such changes. IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU SHALL STOP USING THE SERVICES.

1.3 Supplemental Terms. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms, such as our Bonus Point Policy Coupon Policy Return Policy and Gift Card Policy “Supplemental Terms” ), the terms of which are hereby incorporated by reference. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to the applicable Services.

  1. USE OF OUR SERVICES

2.1 Use of Services. Subject to the terms and conditions of this Agreement, PUFFSHARK hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for the purpose of personal, non-commercial, shopping for items sold on the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.

You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.

Additionally, you agree not to:

  • use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of PUFFSHARK, or the rights of any third-party;
  • to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
  • use the Services in any manner that could disable, overburden, damage, or impair the Site or App or any other party’s use of the Services;
  • use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
  • use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
  • otherwise attempt to interfere with the proper working of the Service.

2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a PUFFSHARK user account ( “User Account” ), including setting up a password. You may not use another person’s account or password.

You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your User Account, including your password, as well as any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App’s security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Services.

Your Wallet (defined below) will only work in the United States. If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.

We reserve the right to suspend or terminate your User Account and/or cancel your orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. If your User Account is discontinued by PUFFSHARK due to your violation of any portion these Terms or for conduct otherwise deemed inappropriate, then you agree that you will not attempt to re-register with or access the Services through use of a different member name, user account or otherwise. You may terminate your User Account at any time, for any reason, by following any applicable instructions within the Site or App, or by contacting us as described in the “Contact Us” section below. If your Wallet (defined below) holds promotional points, promotional coupons or wallet credit at the time of termination or cancellation of your User Account, you may lose the ability to use those assets, except as provided by applicable law, if you do not reach out to Customer Service . To the fullest extent permitted by applicable law, PUFFSHARK will not have any liability whatsoever to you for any suspension or termination of your User Account.

By creating a User Account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.

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2.5 Interactions with Other Users. When interacting with others via the Services, including Third-Party Sellers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. You are solely responsible for your interactions with any other parties with whom you interact; provided, however, that PUFFSHARK reserves the right, but has no obligation, to provide support in the event of disputes between you and any Third-Party Sellers or other users of the Services. YOU AGREE THAT NEITHER PUFFSHARK NOR ITS LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD-PARTY SELLER OR OTHER USER OF THE SERVICES, AND THAT PUFFSHARK MAKES NO REPRESENTATIONS WITH RESPECT TO YOUR INTERACTIONS WITH THEM. PUFFSHARK AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH THIRD-PARTY SELLERS OR OTHER USERS OF THE SERVICES, OR YOUR USE OF OR INABILITY TO USE ANY ITEMS PURCHASED FROM A THIRD-PARTY SELLER THROUGH THE SERVICES.

2.6 Accurate Information; Customs. You must provide valid, complete, and accurate data of the type required on the Services when making a purchase, and it is your sole responsibility to make certain that such data is accurate. All names and addresses (including for shipping and payment) must also be accurate and valid. If any information is missing or is incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, neither PUFFSHARK nor any Third-Party Seller will be responsible or be obligated to offer any compensation to you whatsoever. You hereby authorize PUFFSHARK to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and/or from your User Account. This includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds in connection with the purchase, shipment, or delivery of products you purchased or caused to be purchased via the Services. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods.

  1. PRIVACY POLICY

PUFFSHARK’s Privacy Policy applies to use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference. To view PUFFSHARK’s Privacy Policy, click here .

  1. ERRORS

While we strive to provide accurate information on the Services, errors, inaccuracies, or omissions, including those that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted. In the event we or a Third-Party Seller cancel all or part of an order, we will provide you with notice and a refund.

 

Return of product. Returns of items purchased on the Services will be accepted in accordance with our Return Policy . Returns may only be made using the return shipping label we provide to you. Based on your request, we will either exchange the product or refund you the purchase price (free return shipping will only be available for one return per order). The refund will be credited either to your Wallet associated with your User Account (subject to Section 2.4 in these Terms) or your original method of payment at your election. If you choose a Wallet credit, you will not be able to redeem the Wallet credit for cash, except as required under applicable law. Certain items are non-returnable as specified in the Return Policy .

5.5 Purchases from Third-Party Sellers. Because PUFFSHARK does not own any of the products that are listed by Third-Party Sellers, all such products are purchased from and sold directly by such Third-Party Sellers. PUFFSHARK is not a party to any transaction for products listed by Third-Party Sellers, and accordingly, any contract for the purchase of products listed by Third-Party Sellers through the Services is entered into directly between the applicable purchaser and such Third-Party Seller. While PUFFSHARK may facilitate these transactions through the Services (including by acting as limited payments agent on behalf of Third-Party Sellers to process payments on such sellers’ behalf), we have no control over and do not guarantee the existence, quality, timing, condition, safety or legality of products offered for sale by Third-Party Sellers through the Services; the truth or accuracy of listings for products sold by Third-Party Sellers; the integrity, responsibility, or any actions of any Third-Party Sellers; the ability of any Third-Party Sellers to sell products; or that any Third-Party Seller will actually complete a transaction. PUFFSHARK is not an auctioneer, seller, or carrier of any items that are listed for sale by Third-Party Sellers.

5.6 Release for Disputes with Third-Party Sellers. To the fullest extent permitted by applicable law, PUFFSHARK expressly disclaims any and all liability that may arise between you and any Third-Party Seller. The Services merely provide a venue for connecting our users with Third-Party Sellers. Because PUFFSHARK is not a party to the actual contracts between you and any Third-Party Seller that you purchase a product from, in the event that you have a dispute with any Third-Party Seller, you release PUFFSHARK, its parents, subsidiaries, affiliates, and all of their officers, employees, investors, agents, partners and licensors, but excluding any Third-Party Sellers (each a PUFFSHARK Party” and collectively, the PUFFSHARK Parties” ) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services