Huemen, Inc. a California corporation dba Werkshoppe (“Werkshoppe”) is an online seller of jigsaw puzzles and traditional and strategic board games and other novelty items (the “Products”) through its website www.werkshoppe.com (the “Website”) as well as websites such as Shopify.com (the “Platforms”).
These Terms and Conditions will apply to all Platforms. The use of the Website and mobile application (the “Application”) constitutes a contract with WerkShoppe, with respect to use of the Website, Application and/or the Platforms. By using the Website, Application and/or Platforms, each user agrees to comply with and be legally bound by these Terms and Conditions (the “Terms”), as well as WerkShoppe’s separate Privacy Policy; whether or not there is any purchase any of the Products.
1. MODIFICATION.
WerkShoppe reserves the right, in its sole discretion, to modify the Platforms and/or the Websites and Applications and to modify these Terms, at any time and without prior notice. If Werkshoppe modifies these Terms, Werkshoppe will post such modification on the applicable Platforms, Website and Application. Werkshoppe will also update the “Last Updated Date” at the top of the then current Terms. Continuing access to or use of the Website, the Application and/or the Platforms after Werkshoppe has posted a notice of modification, on the Website or via the Application or Platform, shall constitute an agreement to be bound by the modified Terms.
2. AGE OF MAJORITY.
By agreeing to these Terms, You represent that You are at least the age of majority in your state or province of residence, or that You are the age of majority in your state or province of residence and You have given us your consent to allow any of your minor dependents to use the Website, Application and/or Platforms.
3. NO ILLEGAL USE.
You may not use WerkShoppe’s Products for any illegal or unauthorized purpose nor may you, in the use of the Website, Platforms and/or Application, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. PRODUCTS.
Certain Products may be available exclusively online through the Website, Platforms and/or Application. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy and Refund Policy. We make every effort to display as accurately as possible the colors and images of our Products that appear online. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of WerkShoppe. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited. Prices for our Products are subject to change without notice.
5. ERRORS, INACCURACIES AND OMISSIONS.
Occasionally there may be information on the Website, Platforms and/or Application that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after You have submitted your order). We undertake no obligation to update, amend or clarify information on any related website, including without limitation, pricing information, except as required by law.
6. DEFINITIONS.
6.1. “You” shall mean any user, customer or client of WerkShoppe or any visitor on or to WerkShoppe’s Website.
6.2. “We” shall mean WerkShoppe or any of its affiliates.
6.3. “Consumers” are those individuals who, through the use of WerkShoppe’s Website, Platforms and/or Application transact business with WerkShoppe.
6.4. WerkShoppe and Consumer may be referred to as a "Party" or collectively as the "Parties" as appropriate.
7. PAYMENT PROCESSING.
7.1. Credit card payments from Consumers are deposited to WerkShoppe’s account, after payment of a credit card processing fee.
7.2. WerkShoppe does not retain credit card information, other than the last 4 digits.
8. INSURANCE / WARRANTIES.
8.1. WerkShoppe makes no warranty regarding the content or quality of a Product.
8.2. In no case shall WerkShoppe, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Products purchased, or for any other claim related in any way to your use of the Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the Product. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9. REFUND AND RETURN POLICY.
9.1. WerkShoppe has a 30-day return policy, which means you have 30 days after receiving your item to request a return and full refund.
9.2. To be eligible for a return and full refund, your item must be in the same condition that you received it, unused and in its original packaging. You’ll also need the receipt or proof of purchase.
9.3. To start a return, you can contact us at hello@werkshoppe.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
9.4. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
9.5 The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
10. DAMAGED ITEMS.
Please inspect your order and Product upon receipt and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
11. PRIVACY.
See WerkShoppe’s Privacy Policy at www.werkshoppe.com/legal/privacypolicy for information and notices concerning WerkShoppe’s collection, and use, of a Consumer’s personal information.
12. LINKS.
WerkShoppe’s Websites, Applications and/or Platforms may contain links to third-party websites or resources. WerkShoppe shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WerkShoppe of such websites or resources or the content, products, or services available from such websites or resources. Consumers shall be solely responsible for and shall assume all risks arising from use of any such websites or resources or the content, products or services on or available from such websites or resources.
13. ARBITRATION.
In the event of any dispute arising out of or relating to any agreements or to these Terms, the Parties' exclusive remedy shall be binding arbitration. All such arbitration proceedings pursuant to this section shall be held in Riverside County, California, before the commercial division of the American Arbitration Association ("AAA"), in accordance with such entity’s expedited procedures then in effect. The decision of the arbitrator shall be final and binding. In making the decision the arbitrator need not follow any particular rules of evidence or procedure, but shall in good faith follow as nearly as practicable the rules of AAA relating to the arbitration of commercial disputes. Except as provided herein, any cost of arbitration shall be borne equally by each Party, with the prevailing Party being entitled to recover such costs, including reasonable attorneys’ fees. The arbitrator's decision shall be specifically enforceable in any court of competent jurisdiction. Notwithstanding any contrary provision in this section, the Parties may apply to any court of competent jurisdiction for interim or provisional relief pending the arbitrator's decision.
14. GOVERNING LAW AND INTERPRETATION.
Any agreements and/or activities arising from or related to the Products sold provided by WerkShoppe shall be construed in accordance with the laws (excluding the laws relating to conflicts) of the State of California. Venue and jurisdiction in any action shall lie solely in Riverside County, California. In the event of the arbitration, the prevailing Party may be entitled to recover reasonable attorney fees and costs.
15. ENTIRE AGREEMENT.
These Terms constitute the entire and exclusive understanding and agreement between WerkShoppe and You, the Consumer, regarding any WerkShoppe Website, Application, and/or Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between WerkShoppe and any Consumer regarding WerkShoppe’s Websites, Applications and/or Platforms.
16. CONTACT INFORMATION.
Questions about the Terms should be sent to WerkShoppe at hello@werkshoppe.com.