Terms and Conditions
TERMS AND CONDITIONS FOR THE ONLINE OR TELEPHONIC SALE OF GOODS
1. 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 ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SOCLEAN, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products through www.soclean.com (the “Website”) or phone orders with SoClean (or its representatives). These Terms are subject to change by SoClean, Inc. (referred to as “SoClean”, the “Company”, “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 the Website, and you should review these Terms before purchasing any product or services that are available through the Website or via phone order. Your continued use of the Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. OUR CONTRACT
An order placed on the SoClean Website or a phone order placed with SoClean is an offer to SoClean to buy the SoClean product(s) in the order. When you place an order to purchase a product from SoClean, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail") provided you provide a valid email address. The Order Confirmation E-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. Your failure to provide a valid email address does not alter your order with SoClean.
We only accept your offer and conclude the contract of sale for a product ordered by you, when we ship the product(s) to you. Your contract is with SoClean Inc. Without affecting your right of withdrawal set out in Section 3 below, you can cancel your order for a product at no cost any time before your order is processed for shipment.
3. RETURNS AND 30-DAY RISK FREE TRIAL.
Except for any products designated on the Website as non-returnable or communicated over the phone as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 calendar days of delivery and provided such products are returned in their original condition and in their original packaging. The return period for products purchased between November 1 and December 31 are extended and may be returned through January 31.
To return products, you MUST obtain a return authorization (RMA) number and pre-paid shipping label. To obtain an RMA you must call our Customer Care Team at 1-866-501-3705. Please keep all receipts and delivery notices on file for reference. We are unable to credit a refund to your account without an RMA number, nor in many cases will we be able to return the product back to you.
Once the product has been received and inspected, a refund will be issued. Refunds are processed within approximately 1 to 2 weeks of our receipt of your merchandise. Your refund will usually be credited back to the same payment method used to make the original purchase on the Website.
4. ORDER PROCESSING
We charge your credit card immediately upon order placement.
We may not be able to ship all products to PO boxes or APO addresses or certain international locations and in our discretion, we may refuse orders placed to such boxes, addresses or locations. We reserve the right to refuse orders to any account or individual that we believe may be utilizing fraudulent credit cards.
5. PRICING AND AVAILABLITY
All prices posted on the Website 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 E-mail. 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 E-mail.
All applicable state sales taxes apply based on the ship-to destination zip code. If you hold a sales tax exemption from your state’s tax authority you must submit a copy to SoClean and contact the SoClean Customer Care Team to place your order at 1-866-501-3705.
Although product availability may be indicated on the Website or mentioned on phone orders, we cannot guarantee product availability and products may not be available for immediate delivery. The company reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products, or to cancel any order. If there is any revision, discontinuance or cessation, we may, at our discretion, ship products which have substantially similar functionality and specifications to the products ordered, or cancel your order and refund any prior payment that you have made for such products. As we process your order, we will inform you by e-mail as soon as possible if any products you order are currently unavailable. Except for pre-orders, if you are charged for these products and they are not able to be shipped to you within 30 calendar days, you will be refunded.
Unless otherwise stated on the SoClean Website, delivery estimates are not guaranteed delivery times.
Products are usually shipped within 2 business days from order date. For clarity, in addition to other limitations herein, SoClean will not be held responsible for any delay or failure to comply if the delay or failure arises from any cause which is beyond SoClean's reasonable control.
When placing a Pre-Order for SoClean products, you will be charged upon order placement and you will be required to provide certain information, such as your ship-to address. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. SoClean shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by contacting the SoClean Customer Care Team at 1-866-501-3705.
7. TITLE AND RISK OF LOSS
Title and risk of loss pass to you upon our transfer of the products to the carrier (except that title to any software included with the products remains with us).
8. ELECTRONIC COMMUNICATIONS
When you purchase from the Website, or place a phone order, or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting general notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. EXTENDED WARRANTY PRODUCTS
We have partnered with a third-party called Extend, Inc. to sell Extended Warranties for many of our products. To learn more about the terms and conditions regarding these extended warranties, visit Extend’s website.
The manufacturer provides a warranty on most products we sell. Check the Website for the respective warranty period offered on each product. See section 15.
WE EXPRESSLY DISCLAIM ANY OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. GOODS NOT FOR RESALE
You represent and warrant that you are buying products or services from SoClean for your own personal or household use only, and not for resale or export. Any further resale of the products shall be a breach of these Terms, entitling us to damages.
12. BREAD FINANCING
We have partnered with Bread® to provide simple and affordable financing so it is easier than ever to enjoy our products. Details of the plans offered can be found here.
(a) SplitPay: Pay for your order with 4 interest-free credit card payments. Your first payment will be charged immediately upon checkout, equal to one-quarter of the full price of your purchase. The next three payments will occur 2, 4, and 6 weeks from your date of purchase. Choosing SplitPay will not affect your credit score. SplitPay is subject to credit approval. SplitPay is currently not available with California billing addresses. For full SplitPay terms of service, visit Bread's SplitPay Terms of Service page.
(b) Installments: Pay for your order over 3, 6 or 12 months at competitive interest rates as low as 0% APR*. Checking your rate will not affect your credit score. There is no obligation to purchase when you prequalify for financing. *The term is for a loan to finance a purchase. Rates range from 0% to 29.99% APR, resulting in, for example, 12 equal monthly payments of $83.33 at 0% APR or 12 equal monthly payments of $86.52 to $97.48 at 6.99% to 29.99% APR, per $1,000 borrowed. Your terms may vary and are subject to credit approval. Bread® loans are made by Cross River Bank, a New Jersey Chartered Bank, Member FDIC.
To learn more about Bread® please visit: Bread's "For Consumers" page.
14. CONTERFEIT FILTER KIT NOTIFICATION
Use of non-authentic filters might cause damage to your product and/or might cause a product to be ineffective or otherwise not operate as desired. Damage to your SoClean product caused by non-authentic filters are expressly not covered by any Company warranty.
We recommend that you purchase your filter from us to ensure an authentic filter. Please contact us immediately if you have had any issues with your filters.
15. PRODUCT DESCRIPTIONS AND PRICING ERRORS
We do not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in accordance with these Terms. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the transaction and your order is cancelled, we shall issue a refund for the amount of the charge.
16. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms.
18. 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.
19. 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 Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Massachusetts
20. DISPUTE RESOLUTION AND BINDING ARBITRATION
(a) YOU AND THE COMPANY 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 THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) 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 Section 15. (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 you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 calendar days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a 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.
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 Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
22. 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 the Company.
23. NO THIRD PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than 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 Website. 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. You must contact us by sending an email to email@example.com.
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.
26. ENTIRE AGREEMENT