CUSTOMER TERMS & CONDITIONS
These Customer Terms & Conditions and any other rules posted on the website located at the URL www.re-spin.com or the Re-spin Mobile App (individually, and collectively the “Site”), including [“Terms of Use”] and [“Privacy Policy”], each of which is incorporated by reference herein (collectively with these Customer Terms & Conditions, the “Site Terms of Use”), constitute an agreement between Re-spin, LLC, a Delaware Limited Liability Company, (“Re-spin”, “we”, “our” or “us”) and you, the customer, governing your registration for an account (an “Account”) and/or the purchase by you of any product offered for sale by Re-spin (each, a “Product”) on the Site.
When you register for an account or purchase a product from the site, you represent that you have read, understood and agree to be bound by the site terms. If you do not agree to the site terms or to any changes we may subsequently make to the site terms, you should stop using the site, terminate your account and discontinue purchasing products from the site.
Your access to the Site, the use of your Account and the right to purchase Products from us is subject to your continued compliance with the Site Terms and all applicable laws. Your right to access the Site and purchase Products will terminate immediately, without any further action by Re-spin, if you breach the Site Terms.
We reserve the right to modify or update these Customer Terms & Conditions at any time for any reason, with or without prior notice to you, and any such changes to these Customer Terms & Conditions will supersede and replace any previous Customer Terms & Conditions effective immediately upon posting to this page. It is your responsibility to periodically review these Customer Terms & Conditions as posted here for any changes. Your continued use of the Site after the posting of changes to these Customer Terms & Conditions will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Site if you do not agree with any changes to these Customer Terms & Conditions.
Eligibility to Purchase Products
In order to make purchases on the Site, you must be the older of (i) 18 years of age or older, be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the State of California and have a shipping address within the United States, any US Territory or an APO/FPO address with a US zip code or (ii) or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
In order to make purchases on the Site if you are not a Registered User, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided.
In order to make purchases on the Site you will also need to have been issued a valid credit/debit card by a bank acceptable to Re-spin, and have authorized Re-spin to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Product(s) that you purchase. Products purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, Re-spin reserves the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address.
By making an offer to purchase Products, you expressly authorize Re-spin to perform credit checks and, where deemed necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your personal information and data.
Registration for an Account
To use some of the services or features made available to you on the Site, you may need to create an Account. When you register for an Account you are required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address. Users who have created an Account (“Registered Users”) are able to see and manage their account through the “Account” part of the Site after site login. Should any of your registration information change, please update your Account information or notify us immediately at the following e-mail address
[email protected]. We also reserve the right to change the registration requirements from time to time. Please see Terms of Use for more information about maintaining and terminating your Account.
Orders
When placing an order, you must follow the instructions on the Site as to how to place your order and for making changes to your order before you submit it to us through the Site. All orders are subject to acceptance and availability and any Products in ‘Your Cart’ are not reserved and may be purchased by other customers until your order is complete and accepted by us.
Re-spin offers Products for sale that are in stock and available for shipping. Occasionally however, we may be waiting for shipment from our suppliers. Re-spin may, in its sole discretion, offer you, from time to time, the opportunity to either (i) place in advance a “pre-order” for such Products which may ensure that you receive the item on a priority basis once the Products have been delivered to Re-spin and/or (ii) to register your e-mail address for notification of the arrival of the selected Products not in stock. Your rights regarding pre-orders are the same as those for any other purchase from Re-spin.
When you submit an order to us through the Site, you agree that you do so expressly subject to the Customer Terms & Conditions current at the date you submit your order. You are responsible for reviewing the latest Customer Terms & Conditions each time you submit an order.
Once you place an order, you will receive an e-mail acknowledging the details of your order. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
We may, in our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the Product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Customer Terms & Conditions. We will not be liable to you or any third-party by reason of our withdrawing any Product(s) from the Site, whether or not the Product(s) have been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We shall reserve the right to refuse to process your order and you reserve the right to cancel your order. If you have cancelled your order before we have accepted it, or if we cancel your order at any time for any reason, then we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Product(s). To the extent legally permissible, we reserve the right to provide substantially similar products to fulfill your order.
If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by e-mail to
[email protected].
Prices
Prices shown on the Site are in US Dollars and are exclusive of taxes and delivery charges. Once you select a Product that you wish to order and place it in ‘Your Cart,’ you may see all charges you must pay, including taxes, if applicable, and any delivery charges, on the Review page by clicking “checkout” in ‘Your Cart’.
All prices and offers remain valid as advertised from time to time, except in cases of patent error as set forth below. If the price for a Product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price. While every effort is made to ensure that details on the Site are accurate, we may from time to time discover an error in the pricing of Products. If we discover an error in the pricing of a Product in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will e-mail or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you or your credit/debit card company have already paid for the Product(s), we will refund the full amount as soon as reasonably practicable. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us.
If you are a customer whose credit/debit card is not denominated in US Dollars, your final price will be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.
Payment
Payment for Products can be made by Visa, MasterCard, American Express, Discover Card, JCB, Diners Club, Shop Pay, Apple Pay, Google Pay and any other methods which may be provided for on the Site from time to time.
We take reasonable care, in so far as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Site.
Delivery
Re-spin is responsible for each purchase that you make during the time it is in transit until it is delivered to your specified delivery address. Our goal is to deliver the Product(s) to you at the place of delivery requested by you in your order. Please note that it may not be possible for us to deliver to some locations. Should this be the case, we will inform you using your contact details and arrange for cancellation of the order or an alternative delivery address.
Returns
If you have chosen to return a Product eligible for return you are responsible for following our return policy and returning the Product to us as soon as reasonably practicable, but in no event later than 30 days from the purchase date. Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
The following items are non-returnable: (i) Gift Cards and (ii) some health and personal care items, or a Product that is specified as non-returnable in its description, unless they are faulty. To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.
Returning Products is always at your risk. If you return any Product for any reason, you must ensure that it is adequately packaged and insured. We will not accept any responsibility for damage caused by inadequate packaging by you or if the Product is damaged or lost while being returned to us.
To return your product, you should mail your product to: Re-spin, LLC, 4208 Overland Avenue, Culver City, CA 90230. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Refunds
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at
[email protected].
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at
[email protected] and send your item to: Re-spin, LLC, 4208 Overland Avenue, Culver City, CA 90230
Faulty Products
Products are faulty if they are received damaged or where a manufacturing fault occurs within 30 days of order. Products that are damaged as a result of normal wear and tear are not considered faulty. If you return a damaged or faulty Product we will refund the initial shipping charges paid by you in addition to the amount of the Product price and taxes, if applicable. To return a faulty or damaged Product, please follow the instructions above under “Returns.”
Governing Law and Jurisdiction
These Customer Terms & Conditions and any dispute that may arise between you and Re-spin will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). DISPUTES ARISING FROM THESE CUSTOMER TERMS & CONDITIONS AND YOUR USE OF THE SITE WILL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
Binding Arbitration and Class Action Waiver
In the event of any dispute between you and us regarding these Customer Terms & Conditions and/or any Products or services purchased from the Site, you and Re-spin agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to
[email protected]. We will send any notice of dispute to you at the contact information we have for you. You and Re-spin will attempt to resolve any dispute through informal negotiation within 90 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Customer Terms & Conditions. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to
[email protected]. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at
www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You agree to arbitrate with Re-spin only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Customer Terms & Conditions, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Los Angeles, CA.