BRICKELL PURCHASE TERMS AND CONDITIONS
Last modified 6/20/19
The following Terms and Conditions apply to your purchase of goods from Brickell Brands LLC (“Brickell”, “us”, “we”, “our”). Please review carefully, as your purchase of products will be controlled by these Terms and Conditions. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE DISPUTES, AND A WAIVER OF JURY TRIAL AND CLASS PROCEDURES FOR ANY DISPUTE RELATED TO OR ARISING FROM YOUR PURCHASE OF ANY PRODUCT FROM BRICKELL. If you do not wish to accept these Terms and Conditions, do not order products from this website.
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We accept Paypal, Apple Pay, Google Pay, and all major credit cards such as Visa, MasterCard and American Express. Your transaction will be processed through Shopify.
If you wish to purchase any product made available through the website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
You grant to Brickell the right to provide information you provided in connection with the Transaction to third parties (such as Shopify) for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
2. Refund Policy (Only Within 30 Days of Purchase)
If you are not 100% satisfied with your Brickell item(s), other than sample kits or samples, you can return up to five purchased items per year within thirty (30) days of purchase. Contact firstname.lastname@example.org to initiate your return/ask for your money back-guarantee.
IMPORTANT: Any shipping charges you may have incurred are NOT refundable. The money-back guarantee applies only to the products themselves and not to shipping charges you may have paid.
3. Shipping Policies for Domestic Orders
Domestic shipments are generally processed within 2-3 business days of your order. If you qualify for free shipping, that order will be shipped via FedEx Ground, UPS, USPS, or DHL depending on availability and location.
We are unable to modify or cancel your order once it has been placed and handed over to a third-party carrier for shipping. Thus, please make sure all information is correct before completing your order. If an order is sent back to Brickell due to insufficient or incorrect address or due to no answer, the order will be canceled or customer will have to pay for shipping again for any further delivery efforts requested by the customer.
Please email email@example.com if you have a specific shipment request and we will do our best to accommodate.
4. Shipping Policies for International Orders
All international orders are shipped via FedEx, DHL, or UPS; there is no free shipping or expedited shipping available for international orders. The cost of shipment will be calculated and provided for you at checkout.
Duties & Taxes: Duties and taxes are not included in the total at checkout. They are determined by the customs agency within the destination country. Although charges are not always incurred, assessment of duties and taxes will be based on the value of the order and the tax-free threshold, if it exists, for goods imported into the destination country. Payment of any duties and import taxes are the sole responsibility of the recipient, and these fees are collected at the time of delivery.
Any international shipping cost incurred at time of check out is non-refundable. Customers will also not be refunded the shipping cost in the event that an international shipment is refused by the receiver.
5. Site Transactions
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 and/or shipping address.
In the event we make a change to or cancel an order, we will 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.
6. Limited 30-day Price Protection
If you purchased an item from brickellmensproducts.com, and you see that the item has been discounted on brickellmensproducts.com within thirty (30) days of your purchase so that it would have cost less within 30 days of your purchase from our site, you can request that the difference in price be refunded to you. Price differential refunds can only be provided to the method of original payment. Contact firstname.lastname@example.org if you wish to request a refund for an item that has been discounted on Brickell’s website within 30 days of your purchase.
Please note: Brickell does not monitor prices that could be offered by resellers of its products. The price protection applies only to purchases made directly from Brickell on its website.
8. Arbitration Agreement
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Brickell agree to the following dispute resolution procedure for any dispute related to this transaction: In the event of any controversy, claim, action or dispute arising out of or related to any purchase or transaction conducted on the Brickell website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice to the purchaser will be provided to the billing address provided to Brickell. Notice to Brickell should be provided to:
Brickell Brands LLC
101 McAlister Farm Road
Portland, ME 04103-5915
Should the parties not be able to resolve the Dispute within 30 days of the notice, then you and Brickell agree that we will agree upon an arbitration provider that accepts consumer disputes (i.e., AAA) and that is convenient to both parties, and that the provider’s rules for consumer arbitrations will apply to our proceedings. You and Brickell agree that we will give up our rights to go to court to assert or defend claims related to or arising from this transaction but instead will resolve our Dispute through binding individual arbitration. YOU AND BRICKELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY AND IN SO DOING YOU AND TLL HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act, 9 USC § 1.