Policies
FOR THE ONLINE SALE OF GOODS AND SERVICES
Last Updated: August 1, 2020
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through shibumishade.com (the "Site"). These Terms are subject to change by Shibumi Shade, Inc. ("us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see 7).
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us athelp@shibumishade.comwith your name, email address and order number.Prices and Payment Terms. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page and checkout page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.Returns and Refunds. We will accept a return of defective products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition. To return products, you must email us athelp@shibumishade.comto obtain return instructions, including a pre-paid shipping label, which will be emailed to you. Refunds are typically processed within 2 business days of our receipt of your email request. Your refund will be credited back to the same payment method used to make the original purchase on the Site.LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
This limited warranty lasts for 1 year (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products.
How Do You Obtain Warranty Service?
To obtain warranty service, you must email us at help@shibumishade.com during the Warranty Period.
How Is the Warranty Voided?
Any commercial use of the products from the Site, including renting the products to others and use of the products in a commercial setting or event, will immediately void the limited warranty.
Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, shibumishade.com/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of North Carolina.Dispute Resolution and Binding Arbitration.YOU AND SHIBUMI SHADE, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 12. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Shibumi Shade, Inc.No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.Notices.To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.To Us. To give us notice under these Terms, you must contact us by emailing help@shibumishade.com. Notices sent by email will be effective when you send the email.Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.Entire Agreement. These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Last Updated: August 1, 2020
Shibumi Shade, Inc. ("us", "we", or "our" as the context may require) respects the privacy of its users. This Privacy Policy (the “Privacy Policy”) is intended to describe for individuals who are users (hereinafter, “you” or “users”) of our Site, shibumishade.com (the “Site”):
the Personally Identifiable Information (or PII, as defined below) we collect;how that PII may be used;with whom that PII may be shared;your choices about such uses and disclosures; andyour use of the Service (as defined below) and other interactions you may have with us.
We encourage you to read this Privacy Policy carefully when using the Service. By using the Service, you are accepting the practices described in this Privacy Policy. If you have any questions about our privacy practices, please email us at help@shibumishade.com.
Information we collect about you
We may collect personal information that can identify a living person, such as your name, email address, and contact information (“PII” or “Personally Identifiable Information”). We may also collect information that does not identify you, such as data collected automatically through the Service infrastructure itself (“Usage Data”). When you provide PII through our Site, the information may be sent to servers located in the United States and other countries around the world.
Information you provide. We may collect and store any PII you enter on our Site or provide to us in some other manner.
Information from other sources. We may also periodically obtain PII, Usage Data or other information (updated delivery and address information, purchase history, and additional demographic information) about you from business partners, contractors, and other third parties and add it to your account information or other information we have collected.You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Site because such information may be required in order for you to register as a member.
Use of cookies
Information collected automatically. We may automatically collect information from your browser when you visit our Site. This information may include your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see “Cookies” below), and the referring Site address.
Cookies. When you visit our Site, we may assign your computer one or more cookies to facilitate access to our Site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our Site.
Other Technologies. We may use standard internet technology, such as pixel tags, web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other email messages or newsletters to determine whether messages have been opened and acted upon. We also may receive an anonymous identification number if you come to our Site from an online advertisement displayed on a third-party website. The information we obtain in this manner enables us to customize the services we offer our Site visitors and to measure the overall effectiveness of our online advertising, content, or other activities.
How we use the information you provide:
provide you with customer support;to deliver invitations and/or other products and services that you have requested;perform research and analysis about your use of, or interest in, our products, or content, or products, services or content offered by others;develop and display content tailored to your interests on our Site and other sites;enforce our Terms & Conditions;manage our business; andperform functions as otherwise described to you at the time of collection.
With whom we share your information
Personally Identifiable Information
We do not share your PII with others except as indicated below or when we inform you and give you an opportunity to opt out of having your PII shared. We may share PII with:
Service Providers, Business Partners and Others. We may employ third-party companies and individuals to facilitate our service, to provide the service on our behalf, to perform Site-related services (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Site’s features) or to assist us in analyzing how the Service are used. These third parties have access to your PII only for purposes of performing these tasks on our behalf.
Business partners: When you make purchases through the Site or our services, we may share PII with the businesses with which we partnered to offer you products or services.
Other Situations. We also may disclose your information:
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Site Terms of Service or other agreements or policies.In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Any third parties to whom we may disclose PII may have their own privacy policies which describe how they use and disclose PII. Those policies will govern use, handling and disclosure of your PII once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the Sites of those third parties.
Aggregated and non-personal information
We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising. We may combine non-personally identifiable information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties for the purpose of conducting general business analysis. This information does not contain any PII and may be used to develop Site content and services that we hope you and other users will find of interest and to target content.
Security
Shibumi Shade, Inc. is very concerned with safeguarding your information. We employ reasonable measures designed to protect your information from unauthorized access. Please refer to the Federal Trade Commission’s Site for information about how to protect yourself against identity theft. The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security.
Third-party Websites
There may be places on the Site where you may click on a link to access other websites that do not operate under this Privacy Policy. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s privacy
We do not knowingly collect PII from children under the age of 13.
Our policy on “Do Not Track” signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform Sites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Legal basis for processing PII under the General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Shibumi Shade, Inc.’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the PII we collect and the specific context in which we collect it.
Shibumi Shade, Inc. may process your PII because:
We need to perform a service pursuant to a contract with you;
You have given us permission to do so;
The processing is in our legitimate interests and it is not overridden by your rights; and/or
To comply with the law.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Shibumi Shade, Inc. aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your PII.
If you wish to be informed about what PII we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have regarding you. Whenever made possible, you can access, update or request deletion of your PII directly. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your PII.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have regarding you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Shibumi Shade, Inc.’s relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to the applicable Data Protection Authority about our collection and use of your PII. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the “last updated” date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your PII, we will notify you by prominently posting notice of the changes on our Site. We recommend that you check our Site from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.
1. We will arrange for shipment of the products to you. Please check the individual product page and checkout page for specific delivery options. Customer will pay all shipping and handling charges as specified during the ordering process.
2. Unless otherwise noted, orders placed before 3pm ET will the same day from our warehouse, Monday through Friday.
When you buy a Shibumi® beach shade from us, your satisfaction is important.
If you’re not satisfied, no worries! We accept returns from customers who purchase a Shibumi® beach shade from our website for up to a year from the date of purchase.
We’re dedicated to making the world’s best beach shade from the highest quality materials, and our number one priority is simply that you love your Shibumi® beach shade. Within 3 years from the date of purchase, we offer 1 canopy replacement and 1 pole set replacement should you need a replacement. We can also offer a Free Repair Kit for small nicks and tears in your canopy.
Commercial use of the Shibumi® beach shade, such as for rental purposes, voids return and replacement. Use of unauthorized third-party accessories voids return and replacement.
Please see our Warranty & Return Policy here for full details and limitations.
