Oyster Inc. Terms of Service
1. Terms
By accessing the website at https://oysterkit.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Oyster Inc.’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Oyster Inc.’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Oyster Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Oyster Inc.’s website are provided on an ‘as is’ basis. Oyster Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Oyster Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Oyster Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Oyster Inc.’s website, even if Oyster Inc. or a Oyster Inc. authorized representative has been notified orally or in writing of the possibility of such damage. 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.
5. Accuracy of materials
The materials appearing on Oyster Inc.’s website could include technical, typographical, or photographic errors. Oyster Inc. does not warrant that any of the materials on its website are accurate, complete or current. Oyster Inc. may make changes to the materials contained on its website at any time without notice. However Oyster Inc. does not make any commitment to update the materials.
6. Links
Oyster Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Oyster Inc. of the site. Use of any such linked website is at the user’s own risk.
7. Terms and conditions of sale
A. Certain product disclaimers.
Warning: choking hazard – small parts. Not for children under 3 years. You acknowledge that the products are not designed, manufactured or intended for use by children under the age of three (3) and may contain small parts. In addition to all other limitations and disclaimers in this agreement, company shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss or costs arising from such use.
B. Products and Pricing.
All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section V). In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
C. Orders.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
D. Payment Terms.
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). If you order a subscription to a Product (with a monthly term, or a term of 3 months, 6 months or 12 months) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date, there are unforeseen delays that hinder our ability to ship your product or there are changes to your account or Subscriptions. Please note a Subscription to a line (Professions 5+, Professions 3+, Craft and Code) may be switched from one line to another at your request or automatically by us as a convenience to you in the event you have received all available Products for a line. If your Subscription is automatically switched from your current line (an “Updated Subscription”) to another line you will be notified via email. You may decline an Updated Subscription in order to continue receiving Product for your current brand by contacting us at fun@oyster.com. Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this site, you hereby authorize, agree and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company, including, without limitation, all Product purchased pursuant to any Updated Subscription. All payments are non-refundable (except as expressly set forth in this Section II). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.
E. Shipping Policy.
Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by the Company are estimates. Company reserves the right to make deliveries in installments. Company will send you an email when your order has shipped and you may review your order and shipping information on your Account.
F. Cancellation Policy.
You can cancel a monthly subscription anytime after the first kit ships. Please cancel using our online service by 7:00 PM EST the day before your billing date if you do not wish to receive that month’s kit. If you wish to email, please contact us at least two business days prior to your subscription’s auto-renewal date. Gift subscriptions (3-, 5-, 6-, 12-, 24-, or 36-month terms) are not eligible for cancellation – these subscriptions will expire after the original term is complete. Auto-renewing subscriptions (3-,6-,12-month subscriptions) can be turned “off” at any time – meaning we will cancel the next automatic renewal of the subscription (instead, the subscription will expire). Auto-renewing subscriptions cannot be canceled mid-term.
8. Modifications
Oyster Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
9. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Wyoming and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
10. Return Policy
We accept returns on orders if the items are unused and not damaged. Returns must be made within 30 days of purchase for a full refund. All return shipping costs are the responsibility of the customer.
Please, return to:
13710 Excelsior Dr
Santa Fe Springs, CA 90670
Oyster Inc.
Return packages must include items in original packaging and original condition and order number. Please, email us the details before sending us the kits with reason for the return
