Thank for visiting the www.shopraddl.com website (the “Site”). This Site is owned and operated by the Raddl LLC. We refer to Raddl LLC as the “Company,” “we,” “us,” or “our”. We hope you enjoy using the Site. Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of the Site. We hope all of this is clear, but if you have any questions after reading this, please feel free to contact us at email@example.com. In addition to the lower case words “we” “us” and “our” defined above, you will notice that we capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized. We do this because these words have specific meanings in these terms and conditions. These specific meanings are found where the capitalized words are placed in bold text inside parentheses and quotation marks.
3. User Account. You can create a user account on the Site that allows you to access and use certain of its functions and features. You acknowledge and agree that the user identification chosen by you for access and utilization of the Site (“Username“), and the password selected by and used by you in conjunction with the respective Username are to be kept secure, secret and confidential (“Password“). We are authorized to accept such Username and Password as conclusive evidence that you have accessed or utilized the Site.
4 Ownership. Except as otherwise provided in this Agreement, the information displayed on the Site are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our Site is the exclusive property of the Company and may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use. All content included on this site is and shall continue to be the property of the Company or our content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. PLEASE BE ADVISED THAT TO THE EXTENT THAT WE PROVIDE ANY CONTENT FROM THIRD PARTIES ON THE SITE, SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WE CANNOT AND DO NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE ITEMS LISTED.
5. Trademarks. RADDL, SHOP RADDL, SHOPRADDL.COM, and others (and the designs and logos associated with these marks) are either trademarks or registered trademarks of the Company. Other product and company names mentioned on this Site may be trademarks of their respective owners. These trademarks and service marks may not be used by any party other than the Company and our affiliated companies without express written consent. Also, to the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners. You agree not to copy, reproduce, or modify any portion of the Site. This restriction includes copying, reproducing, or modifying any names, trademarks and logos which the Company owns or has the right to use.
7. Content Submitted to Us. We welcome any comments you may have regarding the Site, and the merchandise and services shown or available on the Site. Except for content submitted by you through User Generated Content (discussed in more detail below), any comments you submit to us through the Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential or have any obligation to pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright. The Company takes no responsibility and assumes no liability for any submissions you make.
8. User Generated Content. We may from time to time request your permission to use photos or other information posted on social media channels (“User Generated Content“, or “UGC” for short). The UGC is governed by these terms and conditions and also by this section. Please read this section carefully as some of its language is necessarily dense and legalistic. We will try to explain these portions in plain-English as best we can.
a. Access. UGC is accessible by the public. IT IS IMPORTANT TO REMEMBER THAT UGC AND OTHER MATERIALS SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. You have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential information.
b. Content Ownership. As between you and the Company, you are and will remain the owner of the UGC, and you represent, warrant and covenant to us that you own all right, title and interest, including copyright, in and to the UGC you submit or post to the Site and such UGC is truthful and accurate and shall not breach, infringe, contravene, detrimentally affect any other party’s rights whatsoever, including intellectual property rights and that no other party has any rights to it including so-called “moral rights.” In other words, you promise that no other company or person will claim that you stole or are inappropriately using the UGC.
c. Our Right to Use the Content. Although you retain ownership of the UGC (as explained above) by submitting, posting or displaying UGC you are automatically granting, and hereby do grant to the Company, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, display, perform, publish, modify, adapt and translate), license and sublicense to third parties such UGC in all forms and media (the “License“). The only exception to the above-described License is that in the case of the program where you submit UGC in the form of a product review of a product that you purchased on the Site (a “Review”) in exchange for a price discount, credit or rebate for or against the purchase price of such product, then provided that the Review complies with the terms of such program, the fee for the License (described above) of such Review shall be the amount of such discount, rebate or credit. We will do our best to make sure any company or person that we might give the UGC to follows the same rules and procedures we do.
d. Right to Monitor and Editorial Control. You acknowledge and agree that the Company does not and cannot review all Content submitted or posted to the Site and that you and/or others who post UGC are responsible for such content. Notwithstanding the foregoing, the Company reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’ s services or features by users. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions, the Company’s policies or applicable law.
e. Content not Confidential. You agree that any UGC you submit or post onto the Site shall not be treated as confidential and the Company shall have no obligation or duty to keep such UGC confidential.
9. Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the Site infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. The Company maintains a policy that provides for the termination in appropriate circumstances of Site use privileges of users who are repeat infringers of intellectual property rights. Please be aware that there can be substantial penalties for false claims. Notices and counter-notices for the Site should be sent to:
430 Franklin Village Drive
Franklin, MA 02038
10 Site Use. The Company grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of the Company and the Company may terminate your use of the Site at any time.
11. Intended Audience. The Site is intended for adults only. The Site is not intended for any children under the age of 13.
12. Prohibited Conduct. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree to use our Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or the Company. You alone are responsible for the content and consequences of any of your activities. You are solely responsible and liable for the UGC you submit or post, or that is submitted or posted under your Username and Password.
13. Venue. Each party hereby submits to the jurisdiction and venue of state or federal courts in Colorado.
14. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
15. Indemnification. You agree to indemnify, defend and hold the Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
16. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
17. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
19. Applicable Law. You agree that the laws of the state of Colorado without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and the Company or its affiliates.
20. Venue. Each party hereby submits to the jurisdiction and venue of state or federal courts in Colorado.
21. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
22. Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
23. Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.
24. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
25. Contact Information.
430 Franklin Village Drive
Franklin, MA 02038
ALL TRANSACTIONS ARISING OUT THE USE OF www.shopraddl.com (the “SITE”) ARE GOVERNED BY THESE SALES TERMS AND CONDITIONS OF RADDL, LLC (THE “COMPANY”) AS SELLER (THE “SALES TERMS”). ANY PROPOSAL THAT INCLUDES DIFFERENT OR ADDITIONAL TERMS THAT VARY FROM THE COMPANY’S TERMS AND CONDITIONS OF SALE ARE OBJECTED TO AND DISALLOWED. NOTWITHSTANDING THE FOREGOING, ANY SUCH COUNTERPROPOSALS BY CUSTOMER SHALL NOT OPERATE AS A REJECTION OF THE CONTRACT OF SALE, BUT AS A REJECTION OF THE ADDITIONAL OR DIFFERENT TERM(S)
1. Formation of Contract. An order is deemed by the Company to be an offer to purchase, which the Company may accept or reject in its sole discretion. The Company’s acceptance of an offer to purchase is binding on the Company only if made by written instrument or, if not by written instrument, by shipment of the products ordered (and acceptance by shipment shall only be binding as to the portion of the order actually shipped by the Company). Any automatic or computer generated response to an order by the Company’s [internal electronic data exchange system] or otherwise shall not be deemed acceptance of an order. The Company’s acceptance is subject to the Company’s Sales Terms stated herein.
2. Credit. The Company may, but shall not be obligated to, grant credit terms to Customer. Acceptance of any order is subject to final credit approval by the Company. The Company reserves the right to cancel any sale if the Company deems Customer unable to pay for any products. The Company reserves the right, in its sole discretion and without prior notice, to deny, change or limit the amount or duration of credit to be allowed Customer, either generally or with respect to a particular purchase order, and may require cash payments in advance or security satisfactory to the Company.
3. Cost of Delivery, Taxes and Other Charges. Customer shall pay the costs of delivery of the products. Customer shall pay all sales, use, excise or similar taxes, or other charges, which the Company is required to pay, or to collect and remit, to any Government (national, state or local) and which are imposed on or measured by the sale.
4. Transfer of Property and Risk of Loss. The Company retains the right and title to the products sold to Customer until the Company is paid in full for the products. Customer shall obtain the right and title to the products upon payment to the Company of the purchase price and any taxes, excise or other charges. The risk of loss, including, but not limited to the risk of loss, theft, damage or destruction of the products, transfers to Customer F.O.B. the Company’s factory.
5. No Set-Off. Customer shall have no right of set-off or withholding, and no deduction of any amounts due from Customer to the Company shall be made without the Company’s prior, express written approval.
6. Patents. The Company reserves the right to discontinue deliveries of any products, the manufacture, sale or use of which would, in the Company’s opinion, infringe upon any U.S. patent, trade mark or design now or hereinafter issued, registered, or existing and under which the Company is not licensed.
7. Disclaimer of Warranties. THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY THE COMPANY IN CONNECTION WITH THE PRODUCTS AND THE TRANSACTIONS CONTEMPLATED AS A RESULT OF THIS SALE. WARRANTIES PROVIDED BY PRODUCT MANUFACTURERS MAY OR MAY NOT BE AVAILABLE TO CUSTOMER DEPENDING ON THE TERMS OF SUCH WARRANTIES. THE COMPANY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS TO CUSTOMER OR ANY OTHER PERSON OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PRODUCTS SOLD HEREUNDER ARE SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY THE COMPANY IN WRITING. THE COMPANY’S SOLE OBLIGATION FOR A REMEDY TO CUSTOMER SHALL BE REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS. CUSTOMER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCTS PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES.
8. Limitation of Liability. NO CLAIM BY CUSTOMER OF ANY KIND INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INDEMNIFICATION, WHETHER AS TO QUALITY OR AMOUNT OF PRODUCT DELIVERED OR NON-DELIVERY, SHALL BE GREATER IN AMOUNT THEN THE PURCHASE PRICE FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. IN NO EVENT SHALL THE COMPANY BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF THE PRODUCTS SOLD HEREUNDER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
9. Inspection. Customer shall inspect the products promptly upon receipt for non-conformity (including but not limited to non-conformity for quantity, quality, and/or defects). Failure by Customer to provide the Company with written notice of a claim within 30 days from the date of delivery or, in the case of non-delivery, from the date fixed for delivery, shall constitute a waiver by Customer of all claims with respect to such products.
10. Excuses for Non-Performance. If the manufacture, transfer or receipt by either party of any products covered hereby is prevented, restricted or interfered with by reason of any event beyond the reasonable control of the party so affected, such party shall be excused from making or taking deliveries hereunder to the extent of such prevention, restriction or interference, and neither party shall be liable to the other for default or delay in performing, except with respect to Customer’s payment obligations.
11. The Company’s Rights. If Customer should fail in any manner to fulfill the terms and conditions hereof, the Company may defer further shipments until such default is cured. Remedies provided herein shall be in addition to, and not in lieu of, other remedies that may be available to the Company. If for any reason, the quantities of the products covered hereby or of any materials used in the production of the products reasonably available to the Company shall be less than the Company total needs for its own use and for sale, the Company may allocate its available supply of products among its existing or prospective purchasers and/or its own departments, divisions and affiliates in such manner the Company deems proper in the Company’s sole discretion, without thereby incurring liability on account of the method of allocation determined or its implementation or for failure to perform this Agreement.
12. Governing Law. This Agreement shall be construed, and the respective rights and duties of Customer and the Company shall be determined, according to the laws of the State of Colorado without giving effect to its principles of conflicts of laws. The UN Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
13. Dispute Resolution. Any dispute, controversy or claim arising out of or related in any way to these Sales Terms and/or any sale and purchase of products hereunder or any transaction contemplated hereby which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three (3) arbitrators sitting in [state (specify county)]. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Colorado. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, but shall not be empowered to award incidental damages, consequential damages, indirect damages, statutory damages, special damages, exemplary damages, punitive damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.
14. No Assignment. This contract between Customer and the Company is not transferable by either party without the prior written consent of the other party, except that the Company may assign this Agreement without Customer’s consent if the assignment is to a to an affiliate or if the assignment is carried out as part of a merger, restructuring, or reorganization, or sale or transfer of all or substantially all of the Company’s assets.
15. Compliance with Laws; Export Laws. Customer and the Company shall comply with all applicable international, national, state, regional and local laws and regulations with respect to their performance of this Agreement. Customer agrees to adhere to all applicable US Export laws and regulations with respect to the products.
16. Miscellaneous. These Sales Terms are the sole and exclusive statement of the parties’ understanding and agreement with respect to the transactions contemplated by the sale of products on through the Site, notwithstanding any other terms that might be contained in any purchase order or other document received from Customer or submitted to the Company. These Sales Terms can only be modified or changed in writing and signed by authorized representatives of both parties. No waiver by the Company of any of the Company’s Sales Terms or any breach hereof shall constitute or be deemed to be a waiver of any such term or any such breach in any other case. No waiver shall be deemed to occur as a result of the failure to enforce any term or condition of these Sales Terms. If any clause or portion hereof shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect. The paragraph headings are for convenience only and shall not be used in interpreting or construing these Sales Terms
We want you to love what you buy from us, but we get it – sometimes it just doesn’t work out. Whether you didn’t like it, or it didn’t work as expected, we’ll try to make it right. If you’d like to make an exchange or return, here’s what you need to know.
You have up to 30 days after purchase to exchange or return most items, unless noted in our exceptions. Just provide your receipt, and we will refund the purchase price (less any Incentive credited to you as described in the Agreement) to the original form of payment. Purchases made with a gift card will be refunded as Merchandise Credit. Returns after 30 days are subject to a restocking fee in the amount of 15% of the Initial Site Price.
We may limit or deny returns based on our use of a third-party refund verification system that helps protect against abusive or otherwise non-permitted returns. You may be required to present a valid photo ID* that may be retained in a secure, encrypted database, where permitted by law. The Company. reserves the right to refuse any return.
The Company accepts the following IDs for returns: U.S. or Canadian Driver’s License, U.S. State ID, Canadian Providence ID, Passport, U.S. Military ID, Matricula Consular, Mexican DL, and Mexican Voter Registration Card
Misplaced Your Receipt?
If we’re not able to track down your receipt, you still may be able to return or exchange new and unopened items without a receipt. These items may be accepted for exchange or a refund in the form a Merchandise Credit of the current selling price less 15%. Whenever we issue a Merchandise Credit, we’ll ask you to show us a government-issued photo ID*. Returns of opened or used items without a receipt will not be accepted.