Terms of Service

This is an agreement between you and the Company. Please read these Terms and Conditions, the Privacy Policy, and other applicable rules, policies and terms available on the spuncot.com website (collectively, this "Agreement") before using our Services. By using the Company Services, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, you may not use our  Services, and you may return your purchase in accordance with any applicable return policy.

Welcome to spuncot.com (hereinafter “Site”), (collectively referred to herein as “Company” or “we,” “us,” or “our”). We're excited to have you visit, but before you start browsing, please read all of our terms and policies, including but not limited to our Terms and Conditions (including the Arbitration Agreement), Privacy Policy, Shipping Policy, Returns Policy, and the policies found on our website Any other terms or policies provided and hereby incorporated by reference (collectively, the "Terms and Policies"). By using or purchasing from the Site, you unconditionally agree to be bound by these Terms and Policies (the "Agreement"). By using or purchasing on this Site, you unconditionally agree to be bound by these terms and policies (the “Agreement”).

Unfortunately, if we have reason to believe or determine that you are not abiding by the Agreement, then we will terminate the Agreement by denying you access to this Site. Likewise, if you choose not to be bound by any of our terms and policies, then you must terminate your session and may not access or use this Site, and must delete any content derived from our Site. By accessing or making purchases on the Site, you acknowledge and agree to the terms of the Agreement.

It is a condition of use of this Site that all the details you provide be correct, current, and complete. If the Company believes the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources including but not limited to the Site, and to terminate or suspend your account.

1. UPDATES

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. This Agreement will not be updated in whole or in part at any time, and we will post a notice on the website when it is updated. Updated terms and policies will immediately replace and supersede any prior Agreement, unless otherwise noted. If we determine the updates are material, then we may choose to place a notice on the Site by: (i) revising the link on the homepage with the qualifying term “New,” “Updated,” or other similar language for a reasonable period of time, or (ii) sending electronic correspondence to customer accounts. Accordingly, if you use the Site after an update is published, then you will unconditionally agree to be bound by the updated Agreement whether or not a notice was placed on this Site or an electronic correspondence was sent.

The Company reserves the right to amend, modify, enhance, change, delete, improve or alter any portion of the Services and the Site as deemed necessary or fit by the Company.

2. OVERVIEW

You agree to use this Site in good faith for only the purposes intended by the Company, which shall be apparent and shall include but not be limited to window shopping, shopping, participating in promotional activities, signing up for our newsletter, or communicating with us through the Site. Certain features of the Site require you to create an account. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). When you acquire merchandise as a guest or through your Account you represent, warrant and agree that all information used in connection with the Site and acquisition of merchandise is accurate and true. You are solely responsible for: (i)maintaining the confidentiality of your Account user name and password; (ii)ensuring all information used in connection with the Site is accurate and current; and (iii)any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, then that provision shall be severable, and all other provisions shall remain in full force and effect.

3. PRODUCT INFORMATION AND PURCHASES

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date. We make no representation or warranty whatsoever as to the completeness or accuracy of any information on this Site. All features, content, images, specifications, products, colors, prices of products, and any other services described or depicted on this Site are subject to change at any time without notice.

We make all reasonable efforts to accurately display the attributes of our products, including the applicable color(s); however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. Certain weights, measurements, or similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in this Site at a particular time does not imply or represent or warrant that those products or services will be available at any time, and we reserve the right to remove products at any time for any reason. From time to time, there may be unintended typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Sometimes there may be intentional or unintentional price differences between the Site and in-store for the same product. We reserve the right to correct any errors, inaccuracies, omissions, change or update information, or cancel orders if any information on this Site is inaccurate at any time without prior notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We also may require verification of information prior to the acceptance or shipment of any order.

We are not responsible for any duties and taxes incurred on your order. All charges incurred during or after shipping are the responsibility of the customer (duties, taxes, etc.).

4. ORDER RESTRICTIONS AND RISK OF LOSS

Merchandise acquired from the Site is not intended for re-sale. As a result, it is prohibited to order any merchandise from Site with the intent to re-sell such unused merchandise for a profit. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Site by any visitor or customer. The risk of loss for purchased product(s) passes from us to you as soon as we provide the carrier the purchased product(s). As a result, you will need to file claims directly with the carrier for any loss or damages that occurred while the purchased product(s) were in the possession of the carrier. You can check the status of your order on our website.

5. PROMOTIONS

From time to time we may make sweepstakes, contests, or other promotions available through our Site (“Promotion”) that require you to register and/or accept the terms and conditions associated with the same. Please review the applicable rules, terms, and/or disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.

Submissions: Furthermore, while we appreciate your suggestions and comments on how to improve our Site, products, and services, it is our policy to not accept any creative ideas, suggestions, proposals, plans or materials other than those specifically requested by us (e.g. through a contest or promotional event) to avoid any misunderstanding in the event that a creative endeavor we commence bears some resemblance to a creative suggestion made by a customer or visitor to the Site. Thus, apart from personally identifiable information (“pii”) collected on or from the Site, which is subject to the Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to the Site is and will be considered non-confidential and non-proprietary and to the fullest extent of the law you hereby grant to us an irrevocable and perpetual non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, sub-license, distribute, store, transfer, assign, transmit reproduce the aforementioned.

You fully disclaim all of your rights of any kind or nature in and to the aforementioned.

6. RETURNS AND EXCHANGES

All returns are subject to our Returns Policy.

7. LICENSE AND USE RESTRICTIONS

• Site. We hereby grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable, license to access and use our Site and Service as expressly permitted herein (“User License”). Except for this limited User License we do not grant you any other rights or licenses of any kind or nature. We reserve all rights not expressly granted herein. Upon expiration or termination of this Agreement as provided herein, the aforementioned User License granted to you will automatically terminate.

• Your Content. You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns an irrevocable and perpetual non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, sub-license, distribute, store, transfer, assign, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i) make the Site available to you; (ii) manage your Account; (iii) address questions and issues; (iv) process purchases; and (v) use any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to the Site. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the full right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party. This provision shall survive the termination of this Agreement.

• Restrictions. You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following which includes but is not limited to:

1. use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site;

2. gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;

3. probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site;

4. reverse look-up, trace or seek to trace any information on any other visitor to the Site, or any other customer of Company, including any Account that is not held by you;

5. take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;

6. use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site;

7. forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site;

8. make any false or misleading statements in connection with your use of the Site;

9. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;

10. use our Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

11. upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

12. advertise or offer to sell or buy any goods or services for any business purpose;

13. restrict or inhibit any other user from using and enjoying the Site;

14. violate any applicable laws or regulations; and/or

15. create a false identity for the purpose of misleading others or any other action which we deem inappropriate.

16. WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, We may immediately revoke your access to the Services and the Site. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

8. INTELLECTUAL PROPERTY RIGHTS

Some of the characters, logos, videos, created text, scripts, graphics, interactive features or other images incorporated by the Company on this Site including but not limited to all Content, videos, created text, scripts, logos, graphics, interactive features and any software used by the Company to provide the Service and the Site in all media now known or hereinafter created are also protected as registered or unregistered trademarks, trade names and/or service marks and/or trade secrets and/or intellectual property owned by the Company or others ("Trademarks"). The Company respects the intellectual property rights of others and asks users of this Site to do the same. The Copyrights and Trademarks including but not limited to all Content, videos, created text, scripts, graphics, interactive features and any software used by the Company to provide the Service and the Site in all media now known or hereinafter created are owned irrevocably and in perpetuity by the Company including but not limited to any and all worldwide intellectual property rights, licenses, websites, domain names, derivatives, computer programs, software, inventions, original works of authorship, developments, concepts, improvements, designs, projections, copyrights, trademarks, trade secret, trade names, good will, patent, all other proprietary rights therein, and any and all extensions, renewals and/or restorations thereof, droit morale rights, intangible property rights, neighboring rights, rental and lending rights, collection rights and all derivative works therein in all media now known or hereinafter created and all such worldwide results and proceeds to the Company in all media now know or hereinafter created (collectively the “Rights” or the “Material” or the “Content”). Your right to make use of this Site and any of the Materials or other content of any kind or nature appearing on it is subject to your compliance with these Terms of this Agreement. Modification or use of the Material or any other content on this Site for any purpose are not permitted by the Terms of use Agreement and may be a violation of the Copyrights and/or Trademarks protected by law and is prohibited. Unauthorized use of the Service, the Site and the Materials may violate copyright, trademark and other laws.

By use of this Site you hereby agree that you are not being granted with any rights of any kind or nature in and to the Materials of any kind or nature including but not limited to that you have no ownership rights in your account or an email account you might register with the Company of any kind or nature. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used by you in any way unless specifically authorized in writing by the Company. This provision shall survive the termination of this Agreement

9. ACCESSIBILITY

We care about all of our customers and strive to make our website, accessible to all visitors. Accordingly, we have a dedicated team that reviews and evaluates our website pursuant to Web Content Accessibility Guidelines 2.0, who are currently working with various partners to implement practicable features to improve the overall experience for our website visitors. As a result, We are in the continuous process of enhancing the usability of our website to foster inclusivity and diversity.

10. HEALTH WARNING

A percentage of Users may experience seizures when exposed to certain light patterns, flashing lights or backgrounds from this Site or any other website. Additionally, use of Site or any other website may cause dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. Consult with your physician prior to any use of this Site or any other website. IMMEDIATELY discontinue use of our Site and immediately consult your physician if you experience any of the abovementioned symptoms or any other symptoms.

11. DISCLAIMER OF WARRANTIES

THE COMPANY AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE SELECTION OF THE SERVICE OR THE SITE TO ACHIEVE ANY INTENDED PURPOSE, FOR THE PROPER USE OF SERVICE OR THE SITE FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SERVICE OR THE SITE. THE SERVICE AND THE SITE AND THE CONTENT PROVIDED WITH THE SERVICE AND THE SITE ARE PROVIDED “AS IS”. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS OR RELIABILITY OF THE USE OF THE SERVICE OR THE SITE OR OTHERWISE RELATING TO THE SERVICE OR THE SITE ANY MATERIAL ON ANY WEBSITES LINKED TO THE SERVICE AND THE SITE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THE SERVICE OR THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE OR THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THESE COSTS.

This provision shall survive the termination of this Agreement

12. LIMITATION OF LIABILITY

YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK.

IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES WHATSOEVER RESULTING FROM LOST DATA OR THE MISUSE OF DATA OR PERSONAL INFORMATION, HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE, INCURRED BY YOU, COMPANY OR ANY THIRD PARTY, IN ANY CASE, REGARDLESS OF WHETHER THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT, IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS AND THIRD-PARTY SUPPLIERS UNDER THIS AGREEMENT, OR OTHERWISE IN RESPECT OF THE SUBJECT MATTER OF THIS AGREEMENT, FOR DAMAGES, REGARDLESS OF FORM OF ACTION, WILL NOT EXCEED ONE HUNDRED DOLLARS (US $100).

The provisions of this paragraph will apply to the maximum extent permitted by law. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH TO THE TERMS AND POLICIES (ESPECIALLY IF SUCH BREACH WAS MADE IN BAD FAITH), OR RELATED TO YOUR INDEMNITY OBLIGATIONS.

This provision shall survive the termination of this Agreement

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us and our employees, officers, directors, shareholders and agents from and against any and all actions, claims, lawsuits, losses, damages, liabilities, settlements, disbursements, costs and expenses of any kind or nature (including without limitation reasonable attorney’s fees, costs and expenses) incurred by or asserted or as a result of or arising from (i) Your Content; (ii) your use of the Site; (iii) your violation of any term of the Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) your use of any services provided by third party service providers and/or (vi) any breach of this Agreement by you; and/or (vii) any liability of any kind that is a consequence of your negligent or purposeful misuse of Personal Information;. You may not compromise and/or consent to the entry of any judgment and/or enter into any settlement with respect to the aforementioned indemnification without our prior written consent. .

This provision shall survive the termination of this Agreement.

14. TERMINATION

With the exception of the Arbitration Agreement, which shall survive the termination of the Agreement, the Agreement is effective unless and until terminated by either you or us. You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The obligations and liabilities that you incurred prior to the termination date shall survive the termination of the Agreement for all purposes.

The Company shall have the right to immediately terminate this Agreement with you and the Terms and Conditions with you for any or no reason whatsoever and with or without notice in the Company’s sole discretion. In addition to all other remedies available to the Company which are all hereby reserved, you agree that from and after the Termination of this Agreement as provided herein, or for any or no reason whatsoever, any and all rights acquired by you pursuant to the Agreement, shall automatically terminate and cease absolutely, and you shall not thereafter have any recourse of any kind or nature against the Company.

15. LEGAL TERMS

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.

16. COMMUNICATIONS

By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at  email:[email protected] with the word “UNSUBSCRIBE” in the subject line.

17. QUESTIONS?

If you have any questions about this Agreement, please contact us at email:[email protected].