GENERAL TERMS & CONDITIONS OF USE
GENERAL VIEW
This website is operated by Scrunchie. Throughout the site, the terms "we", "us", and "our" refer to Scrunchie. Scrunchie offers you this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.
The Seller is a retailer of Scrunchie products and services dedicated to consumers, marketed through its websites (https://scrunchie.com). The list and description of the goods and services offered by Scrunchie can be consulted on the aforementioned websites.
ARTICLE 1: Purpose and General Provisions
These General Terms and Conditions (GTC) determine the rights and obligations of the Parties in relation to the online sale of products offered by Scrunchie.
These GTC apply to all sales of Products, made through Scrunchie's websites, which are integral to the Agreement between the Buyer and Scrunchie. Scrunchie reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GTC then applicable are those in effect on the date of payment (or first payment for multiple payments) of the order. These GTC are available on Scrunchie's website at scrunchie.com. Scrunchie also ensures that their acceptance is clear and unreserved by setting up a checkbox upon checkout. The Customer declares that they have read and understood all these GTC, and accepts them without restriction or reservation.
ARTICLE 2: Price
The prices of products sold through the websites are indicated in US dollars and precisely determined on the Product description pages. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of Scrunchie. They will be borne by the buyer and are their responsibility. Scrunchie invites buyers to inquire about these aspects with the relevant local authorities. Scrunchie reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access Scrunchie's websites are the responsibility of the Client.
Scrunchie reserves the right to change the prices at any time of products purchased on subscriptions or not by the consumer without notice. The price in some conversions may also change according to this same rate since the base price is in USD.
ARTICLE 3: Conclusion of the Online Contract
The Customer must follow a series of steps specific to each Product offered by Scrunchie in order to complete their order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if necessary of its options and indication of the Customer's essential data (identification, address...); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Checking the elements of the order and, if necessary, correcting errors. ➢ Follow-up of payment instructions and payment of products. ➢ Shipping of the products. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgement of receipt of the order confirming it. They will receive a .PDF copy of these general terms and conditions of sale.
The buyer can change his order (address, product, etc.) or cancel it until the processing of the products. After that, no further changes are possible. Please note that custom product can't be changed once it's in production. Custom products aren't refundable.
If the buyer wishes to cancel an order or return a product, they must return the items, at their own expense, to obtain a full refund.
ARTICLE 4: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on Scrunchie's websites. The customer certifies that they have received a detailed account of the costs of shipping and the terms of payment, and of the execution of the contract. Scrunchie undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, Scrunchie shall inform the Customer.
ARTICLE 5: Retention of Title Clause
The products remain the property of Scrunchie until the full payment of the price.
ARTICLE 6: Delivery Modalities
The products are delivered to the address of delivery which was indicated at the time of ordering and the time limit indicated. This period takes into account the time required to prepare the order. The Seller makes available several contact points indicated in the order confirmation email to ensure the tracking of the order as well as on the order tracking page on the site. Scrunchie reminds that at the moment the Customer is physically in possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
ARTICLE 7: Availability and Presentation
Our orders are processed within the limits of our available stocks or based on stocks available from our suppliers. In case of unavailability of an item for a period exceeding 10 working days, it will be indicated on the product page. Please note that pre-ordered products cannot be refunded.
ARTICLE 8: Payment
Payment is due immediately upon order, including for pre-ordered products. The Customer can make payments by credit card. Cards issued by banks domiciled outside of the US must be international bank cards (Mastercard or Visa). Secure online payment by credit card is facilitated by our payment provider. The transmitted information is encrypted following the industry standards and cannot be read during transport. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. By providing his banking information at the time of the sale, the Customer authorizes SCRUNSHIE to charge his card for the amount relating to the indicated price. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of an error, or inability to charge the card, the sale is immediately cancelled, and the order is null and void.
ARTICLE 9: Guarantees
In accordance with the law, SCRUNSHIE provides two guarantees: of conformity and regarding the hidden defects of the products. SCRUNSHIE agrees to exchange all defective products or those not corresponding to the order if the customer contacts SCRUNSHIE within 3 days of receiving the order. It is not possible to get a full refund for a defective product. The customer can keep the defective product, and SCRUNSHIE will send a new product for free. If the customer wants a refund, the product needs to be returned to SCRUNSHIE in its original condition. The customer will be responsible for the return shipping cost.
ARTICLE 10: Complaints
If applicable, the purchaser may submit any complaint by contacting SCRUNSHIE through the contact information provided on the website's contact page.
ARTICLE 11: Intellectual Property Rights
All trademarks, domain names, products, software, images, videos, texts or any other materials that are protected by intellectual property rights are and will remain the sole property of SCRUNSHIE. These Terms and Conditions do not imply a transfer of intellectual property rights. Any total or partial reproduction, modification or use of such goods, for any reason whatsoever, is strictly prohibited.
ARTICLE 12: Force Majeure
The execution of SCRUNSHIE's obligations outlined in these Terms and Conditions may be suspended in the case of an unforeseen event or force majeure that would impede its fulfilment. SCRUNSHIE will inform the customer about such an occurrence as soon as possible.
ARTICLE 13: Nullity and Amendment of the Contract
If any clause of this Agreement is found to be null and void, it will not affect the validity of the remaining provisions, which will continue to be effective between the parties. Any modification of this contract is only valid after a written and signed agreement by both parties.
ARTICLE 14: Protection of Personal Data
In accordance with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), you have the right to access, correct, and oppose your personal data. By agreeing to these terms and conditions, you consent to our collecting and using this data to execute this contract. If you provide your email address on one of our network's sites, you will receive emails containing information and promotional offers about products published by SCRUNSHIE and its partners. You can unsubscribe at any time either by clicking on the link in the emails or by contacting SCRUNSHIE via registered letter. When you order from SCRUNSHIE, you agree that we may share your personal data, i.e., your name and address, with our suppliers in China or the United States who are responsible for shipping the products. However, your payment information is not shared with our warehouse and is encrypted by our payment provider.
ARTICLE 15: Applicable Law
All the clauses in these terms and conditions, as well as all purchase and sales transactions referred to, will be subject to Canadian law. In case of a dispute, jurisdiction lies within Montréal, Canada. SCRUNSHIE is not responsible for any accident caused by the products.
ARTICLE 16: Origin of Products
Our products are designed and manufactured in China. This allows us to offer you excellent prices while maintaining high quality. By accepting these terms and conditions, you acknowledge and accept the origin of our products.
ARTICLE 17: Refund Policy
SCRUNSHIE operates under a no-refund policy except for circumstances that the Company considers as extraordinary.
Exchanges are easy. Please review our exchange policy detailed below.
Please note that we cannot process exchanges or refunds 3 days after you receive the product. Contact us within 3 days of receiving your order if there's an issue. Be sure to do this as soon as possible. The product must also be in its original, unused condition. Refunds will not be issued for a product that is broken or used by the customer. To qualify for an exchange, the item must be unused and in the same state you received it.
If you wish to request a product exchange, please write an email to info@scrunshie.com. Include your purchase confirmation and tracking number and the reason for the exchange.
SCRUNSHIE reserves the right to decline exchanges in certain cases where the reason is not justifiable.
The customer is responsible for paying the shipping costs to our main office. The mailing costs are non-refundable. When we receive the item, we will offer you a credit of its value so that you can choose another more suitable item.
For size exchanges, SCRUNSHIE offers a credit of the product's amount upon receipt of the returned package by the Customer. The Customer can then purchase the correct size using the credit voucher at checkout.
ARTICLE 21: SMS/MMS Mobile Message Marketing Program Terms and Conditions
SCRUNSHIE (hereinafter, "We," "Us," "Our") extends a mobile messaging program (the "Program"), with participation subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). Acceptance and adherence to these terms and conditions are essential for joining our Program. This Agreement is tailored specifically to the Program and doesn't modify other Terms and Conditions or Privacy Policy that may govern your relationship with Us in other scenarios.
Participation: Participation in the Program entails receiving SMS/MMS mobile messages after opting into the Program through online or application-based enrollment forms. Your agreement to this Agreement signifies acceptance of the Program irrespective of your opt-in method. Your agreement to receive autodialed or prerecorded marketing mobile messages at the phone number linked with your opt-in doesn't necessitate a purchase from Us. However, the aforementioned does not suggest or imply that all or any of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.
Opt Out: To opt-out of the Program, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. An additional message confirming your opt-out may be sent. You acknowledge and agree that the above-mentioned options are the only reasonable methods of opting out.
Responsibility and Indemnification: If you plan to cease using the mobile number registered with the Program, it is your responsibility to opt out as described above. This agreement and your duty to notify Us in case of discontinuing your number remain valid despite the termination of your agreement to participate in our Program.
You shall indemnify, defend, and hold Us harmless from any claim or liability resulting from your failure to update Us of a change in your mobile number, including any liability under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder.
Program Description: The Program primarily sends marketing messages related to digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program includes recurring mobile messages, and more messages might be sent based on your interaction with Us.
Support Instructions: For assistance related to the Program, text "HELP" to the number you received messages from or email us at info@scrunshie.com.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device doesn't support MMS messaging.
Our Disclaimer of Warranty: The Program is provided "as-is" and might not be accessible in all areas at all times. We're not responsible for delays or failures in mobile messages delivery associated with the Program. The delivery of mobile messages depends on efficient transmission from your wireless service provider/network operator, which is beyond Our control.
Participant Requirements: To participate, you must have your own wireless device capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service.
Age Restriction: The use of our platform is restricted to individuals who are at least 13 years old. If you are between 13 and 18 years old, you need to have your parent's or legal guardian's permission. By using the platform, you are confirming that you are not under 13 years old, you are between 13 and 18 years old with parental or guardian consent, or you are of adult age in your jurisdiction.
Prohibited Content: You agree not to send any prohibited content over the platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code
Dispute Resolution: Any dispute, claim, or controversy between you and Us will be determined by arbitration in Herouxville, Quebec before one arbitrator.
Miscellaneous: You confirm that you have all the necessary rights, power, and authority to agree to these Terms and perform your obligations under this Agreement. We reserve the right to update this Agreement occasionally. Any modifications to this Agreement will be communicated to you. It is your responsibility to review this Agreement from time to time for any changes. By continuing to participate in the Program after any changes, you accept this Agreement, as modified.