1. Products and Services for Personal Use
You may order products from the Site by submitting a completed order form through the check-out procedure or over the phone/zoom consultation.
We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.
2. Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Site (such as order processing, handling, returns and exchanges), click here.
3. Modifications To The Service And Prices
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the product and/or service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4. Products Or Services
Products and services are available online through the website and you may also request them over the phone/zoom consultation with us. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products and/or services that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions/pricing of products and/or services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product and service at any time. Any offer for any product and/or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5. Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our 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 address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. Accuracy of Information
We attempt to be as accurate as possible when describing our products and/or service on the Site. However, we do not warrant that the product and/or service descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing, availability and scope of service, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing, availability or scope of service information. We apologize for any inconvenience.
7. Intellectual Property
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States laws, including laws governing copyrights and trademarks.
Except as set forth in Section 5 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
8. Limited Licenses; Use Restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
– Frame or utilize framing techniques to enclose the Site or any portion thereof;
– Use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
– Make any use of the Site or any Content other than for personal use;
modify, reverse engineer or create any derivative works based upon the Site or any Content;
– Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
– “Stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
– Intentionally violate any applicable local, state, national or international law;
– Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
– Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the homepage of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
9. Your Obligations and Responsibilities
10. Third Party Links
We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third-party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.
11. Affiliate Links
We may have a financial relationship with some of the companies we mention.
The Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.
Our editorial content, including the opinion we express on products, services and merchants are not influenced in any way by advertisers or affiliate partnerships.
We only endorse products, services and merchants that we have personally investigated/used/tested and consider of the highest quality standard.
Please refer to our disclaimer for further information.
12. User Content
When you transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages, or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
13. Copyright Infringement Notices
We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
– A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
– A description of the material that you claim is infringing and the location of that material on the Site;
– Your address, telephone number and email address;
– A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
– You can contact our designated agent for notifications of claimed infringement at: firstname.lastname@example.org.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING WJJ BRANDS THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO HELLO@WJJBRANDS.COM.
14. Disclaimer of Warranties; Limitation of Liability
You agree that we will not be responsible or liable in contact, warranty or in tort (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, we will not be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed one hundred dollars ($100.00).
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
17. Consent to Receive Notices Electronically by Posting on the Site and Via Email
Notification of claimed non-compliance with either the GDPR, CCPA or the LGPD should be sent via email to the designated Data Protection Officer at email@example.com or via U.S. Mail addressed to WJJ BRANDS – Data Protection Officer, P.O Box 12262 Durham, NC 27703, United States of America.
Last Update: January 2021.
PERSONAL DATA COLLECTION:
You may be asked to provide the Company with information that personally identifies you or allows us to contact you (“Personal Data”), if necessary, to carry out a transaction or other service that you have requested in connection with use of the Website. The Personal Data the Company gathers, stores and uses may include the following information:
1. Information about your computer including your IP address, geographical location, browser type and version, and operating system;
2. Information about your visits to and use of this website including the referral source, length of visit, page views, and Website navigation paths;
3. Information, such as your email address, that you enter when you register with the Website;
4. Information that you enter when you create a profile on the Website—for example, your name, profile pictures, gender, birthday, relationship status, interests and hobbies, educational details, and employment details;
5. Information, such as your name and email address, that you enter in order to set up subscriptions to our emails and/or newsletters;
6. Information that you enter while using the services on the Website;
7. Information that is generated while using the Website, including when, how often, and under what circumstances you use it;
8. Information relating to anything you purchase, services you use, or transactions you make through the Website, which includes your name, address, telephone number, email address, and credit card details;
9. Information that you post to the Website with the intention of publishing it on the internet, which includes your username, profile pictures, and the content of your posts;
10. Information contained in any communications that you send to us by email or through the Website, including its communication content and metadata; and
11. Any other personal information that you send to the Company.
PERSONAL DATA USE:
The Personal Data collected on the Website will be used to operate the Website and to provide service(s) and/or carry out the transaction(s) you have requested or authorized in connection with the Website. More specifically, the Company may use your personal information for the following purposes:
1. Administering the Website and the Company’s business;
2. Personalizing the Website for you;
3. Enabling your use of the services available on the Website;
4. Sending you goods purchased through the Website;
5. Supplying services purchased through the Website;
6. Sending statements, invoices, and payment reminders to you, and collecting payments from you;
7. Sending you non-marketing commercial communications;
8. Sending you email notifications that you have specifically requested;
9. Sending you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
10. Sending you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
11. Providing third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
12. Dealing with inquiries and complaints made by or about you relating to the Website;
13. Keeping the Website secure and prevent fraud;
14. Verifying compliance with the terms and conditions governing the use of the Website (including monitoring private messages sent through our website private messaging service); and
15. Other uses.
If you submit personal information for publication on the Website, the Company will publish and otherwise use that information in accordance with the license you grant to it.
The Company will not, without your express consent, supply your Personal Data to any third party for their or any other third party’s direct marketing.
When you sign up for or agree to receive promotional e-mail or other offers made in connection with or via use of the Website, the Company may use customized links or similar technologies to track e-mail links that you click. The Company may associate that information with your personal information or Personal Data in order to provide you more focused e-mail communications, use of the Website or other services and information related to, offered on or available through the Website. The Company will provide means to unsubscribe to e-mail communications that allows you to stop delivery of that type of communication.
DISCLOSURE OF YOUR PERSONAL DATA:
The Company may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) as reasonably necessary for the purposes set out in this policy.
The Company may also disclose your Personal Data as follows:
1. To the extent required to do so by law;
2. In connection with any ongoing or prospective legal proceedings;
3. In order to establish, exercise, or defend the Company’s legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
4. To the purchaser (or prospective purchaser) of any business or asset that the Company is (or are contemplating) selling; and
5. To any person the Company reasonably believes may apply to a court or other competent authority for disclosure of that Personal Data where, in the Company’s reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Data.
Except as provided in this policy, we will not provide your Personal Data to third parties.
RETENTION OF YOUR PERSONAL DATA:
This Section sets out the Company’s data retention policies and procedures, which are designed to help ensure compliance with our legal obligations regarding the retention and deletion of Personal Data. We are not responsible for the information you provide us, nor for retaining such information.
Personal Data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. The Company does not delete Personal Data on any particular dates or times.
The Company will retain documents (including electronic documents) containing Personal Data:
1. To the extent required to do so by law;
2. If the Company believes that the documents may be relevant to any ongoing or prospective legal proceedings; and
3. In order to establish, exercise, or defend the Company’s legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
Except as otherwise described in this statement, personal information and Personal Data provided to the Company with regard to use of the Website will not be shared outside of this Website and its controlled subsidiaries and affiliates without your permission.
The Company may send out periodic e-mails informing you of certain services or products offered by it, its subsidiaries and affiliates, concerning technical services or security issues related to a product or service you requested or otherwise related to your use of the Website, or confirming a requested product or service related to the Website. Contact with the customer is an intrinsic part of the product or service being offered. You will not be able to unsubscribe to these e-mails as they are considered an essential part of the product(s) or service(s) you have chosen.
PERSONAL DATA SECURITY:
The Company is committed to protecting the security of your Personal Data. The Company, through its selected service providers, uses a variety of security technologies and procedures to help protect your personal information and Personal Data from unauthorized access, use or disclosure. In this regard, the Company will:
1. Take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your Personal Data;
2. Will store all the Personal Data you provide on secure (password- and firewall-protected) servers; and
3. Will protect all electronic financial transactions entered into through the Website with encryption technology.
You acknowledge that the transmission of information over the internet is inherently insecure. The Company cannot guarantee the security of data sent over the internet.
You are responsible for keeping the password you use for accessing the Website confidential. The Company will not ask you for your password (except when you log in to our website).
You may instruct the Company to provide you with any Personal Data it holds about you. In order to obtain such information, you must provide the Company with the following:
1. Payment in the amount of $100.00; and
2. Supply appropriate evidence of your identity. For this purpose, the Company will usually accept a photocopy of your passport certified by a notary plus an original copy of a utility bill showing your current address.
We may withhold Personal Data that you request to the extent permitted by law.
You may instruct us at any time not to process your Personal Data for marketing purposes.
In practice, you will usually either expressly agree in advance to our use of your Personal Data for marketing purposes, or we will provide you with an opportunity to opt out of the use of your Personal Data for marketing purposes.
GDPR VISITOR RIGHTS:
Under the GDPR, if you are within the European Union, you are entitled to certain rights and information. We will retain any information you choose to provide to us until the earlier of:
- You ask us to delete the information by sending a request to firstname.lastname@example.org. Such requests may result in you no longer being able to access paid or free content previously provided to you.
- Our decision to cease using our existing data providers
- The Company decides to no longer be in business or continue to offer the services.
- The data is no longer needed to provide you service, is too costly to maintain further retention, or the Company finds it outdated.
You have the right to:
- Request access to your data that we store and have the ability to access your personal data.
- Either rectify or erase your personal data.
- Verify the accuracy of your personal data and have it corrected or removed completely.
- Seek restrictions on the processing of your data. When you restrict the processing of your data, we can store your data but cannot process it further.
- Object to the processing of your data in certain circumstances including but not limited to direct marketing, profiling, scientific or historical research purposes, statistical purposes, automated decision making and profiling and tasks based on legitimate interests or in the public interest/exercise of official authority.
- The portability of your data. You have the right to request your personal data from us, receive it and transfer it to another controller.
- Withdraw consent at any time. If you have provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent any time without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
- Lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably necessary to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA COMPLIANCE):
If you reside in California, you are entitled to additional rights under California law and we ensure compliance with the CCPA. You have the right to:
- Know whether your personal information is sold or disclosed to third parties.
- Say no to the sale of your personal information.
- Access your personal information, which we will provide within 30 days of such request.
- Know what personal information is collected from you and how it is used as explained in the sections above.
- Have your personal information deleted.
- Equal service, price and no discrimination.
You have the right to data portability and right to request your personal information and use it for your own purposes
Pursuant to California’s “Shine the Light Act,” you are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. We may disclose your personal information to our affiliates or other related third parties such as service providers, vendors for their use in marketing to you, so we can provide the products and/or services offered on this website to you. When we disclose such information, your personal information is still kept confidential and between us and that third party. It is not used for any other purpose that’s not permitted under the laws.
Please be advised we DO NOT SELL YOUR PERSONAL INFORMATION to third parties and have never sold your personal information. We do not intend to sell your personal information in the future either.
Under the CCPA, you still have the right to opt-out of such sales and send us a “do not sell my information” request. If you would like to exercise any of your rights under California law, please submit a verifiable consumer request to us by sending us an email at email@example.com. Only you as the person registered with the California Secretary of State can make such verifiable consumer requested related to your personal information or someone you authorize to act on your behalf.
Your verifiable consumer request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person about whom we had collected personal information. You must describe your request with enough details such as your first and last name, your address and country that allow us to properly understand the request and respond to it. Please note we cannot respond to your request or provide you with personal information unless we first verify your identity or authority to make such a request and confirm that the personal information relates to you. We will make all attempts to respond to your request within 30 days of receipt.
THIRD PARTY WEBSITES:
The Website may include hyperlinks to, and details of, third party websites. The Company has no control over, and is not responsible for, the privacy policies and practices of third parties.
UPDATING PERSONAL DATA:
Please let the Company know if the Personal Data that it holds about you needs to be corrected or updated.
The following cookies are used on the Website:
If you are in the European Union and opt-in to receive any of our free products or services and/or purchase any products or services through our website then you will be subscribed to receive our free email newsletter once you affirmatively consent to it. Please see the Opt-Out section below should you wish to “unsubscribe” and not receive any emails from us.
But if you are NOT in the European Union then you will be automatically subscribed to receive our free email newsletter once you opt-in to receive any of our free products or services and/or purchase any products or services through our website. Please see the Opt-Out section below should you wish to “unsubscribe” and not receive any emails from us.
We comply with the CAN-SPAM Act of 2003 and do not spam or send misleading information. Should you wish to no longer receive communication from us, you have the option of unsubscribing by clicking “unsubscribe” at the bottom of the email we send to you or by contacting us.
As for third party websites, please contact them directly to unsubscribe and/or opt-out from their communications.
We are in compliance with the GDPR along with the email marketing service we use to collect your data.
Last Updated: January 2021.