Terms of Use
Welcome to the getrompy.com website (the “Site). Rompy provides services (the “Services”) to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). When you use any of the Services you will be subject to the rules, guidelines, policies, terms, and conditions that relate to the provided Service including the Privacy Agreement, which are incorporated by reference into this Agreement. Examples of your use of the Services provided include (but are not limited to) browsing the Site, registering for an account (the “Account”), purchasing a product (the “Product”), or leaving or using customer reviews. We reserve the right to modify or revise this Agreement at any time for any reason, with or without prior notice to you. Any revisions of this Agreement will supersede and replace any previous Agreement effective immediately upon posting to this page.
Use of Site:
You represent and warrant that you are over the age of majority in your place of residence, which is typically 18 years of age in the U.S. If you are not, you may not use the Services.
You represent and warrant when registering for an Account or purchasing a Product that you have read, understood, and agree to be bound by this Agreement. If you do not agree to the Agreement, you should terminate your account and stop using the Site. If you breach this Agreement, your right to access to the Site and to purchase products will terminate immediately. It is your responsibility to review this Agreement for any revisions.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use and not for use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above or unless expressly permitted by us in advance in writing, you may not make any commercial use of any of the information provided on the Site, you may not make any use of the Site for the benefit of another business, and you may not reproduce, distribute, display, sell, lease, transmit, modify, or otherwise exploit this Site or any portion.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health-related condition. Submissions, beliefs, or opinions expressed on this Site are that of the individual expressing such submission, belief, or opinion and may not reflect our views.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
Consent to Receive Electronic Communications
When you use the Site, send emails to us, or otherwise communicate with us electronically, you consent to receive communications from us electronically. These electronic communications may include emails from us, messages posted to your Account dashboard, text messages, replies to reviews, or the like. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Registration for an Account
To use some of the Services made available to you, you may need to create an Account. When registering for this Account, you are required to provide true, accurate, and current information including your name, address, and email address. If your information changes, you are responsible to update your Account information. Changing your Account information may be done within your Account dashboard or by emailing us at help@getrompy.
A password, an account login name, or other login information may be assigned to you to enable you to access and use certain portions of this Site. You are solely responsible for protecting the security and confidentiality of this password and identification. You shall immediately notify us of any unauthorized use of your password or identification. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and/or use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
Purchase of Products
In order to make purchases on the Site, you must be 18 years of age or older, be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the State of Nevada and have a shipping address within the United States, any US Territory or an APO/FPO address with a US zip code. At the present time we do not ship internationally.
If you choose to not register for an Account, you may still purchase products. In this case, you are required to provide true, accurate, and current information about yourself and a valid credit or debit card information. This information includes your name, address, email address, and payment details. You represent and warrant that the provided information is valid and correct and that you are the person you have represented yourself to be in the provided information.
When you complete a purchase transaction, you expressly authorize us to transmit or to obtain your credit card information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization, and/or to authorize individual purchase transactions.
We may use your personal information in accordance with our Privacy Policy, in completing your order, issuing a refund, in order to conduct anti-fraud checks, and in complying with legal requirements. Please refer to our Privacy Policy for further information about how we use your personal information and data.
Orders
Orders are placed by following the instructions on the Site. When you place an item in your shopping cart, the item is not reserved, but may be purchased by other customers until your order is processed and accepted by us. You are responsible for reviewing and making any changes to your order before placing the order. All orders are subject to payment acceptance and availability.
Acceptance of Your Order
Once you place an order, we will process your order and send you an order confirmation by email.
We may, at our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the Product you ordered is out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in this Agreement. From time to time, we may offer you an alternative Product, in which case we will require you to re-submit your order. We are not liable to you or any third-party if we withdraw any Product from the Site, if we remove or edit any materials or content on the Site, if we refuse to process a transaction, or if we unwind or suspend any transaction after processing has begun.
If you have canceled your order before we have processed the transaction or if we cancel your order at any time for any reason, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order.
If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by email to help@getrompy.com.
Prices
Prices shown on the Product page are in US dollars, but do not include taxes or delivery charges. Once you select a Product and place in it your shopping cart, you may see all of the charges you must paying, including taxes and any delivery charges.
All prices are valid as advertised, except in cases of obvious error as set forth below. If the price for a Product in your order changes before we process your order transaction, we will contact you and ask you to confirm that you wish to proceed with the order at the revised price. We make every effort to ensure the information, details, and pricing on the Product pages is accurate and current. However, on occasion, we discover an error in pricing. If a Product you have ordered is incorrectly priced, we will contact you immediately to offer a refund or replacement. If the Product is already in transit to your shipping address, we will offer a refund when the Product is returned.
If you are a customer whose credit or debit card is not denominated in US dollars, your final price will be calculated in accordance with the applicable exchange rate on the day your credit or debit card issuer processes the transaction.
Order Transactions
Payment for Products can be made by Visa, MasterCard, American Express or Discover Card and any other methods which may be provided for on the Site from time to time. Once your payment is complete, you will then return to the Site. Payment will be debited and cleared from your account in full at the time you place your order, including with respect to any pre-order. You confirm that the credit/debit card or PayPal account that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card or PayPal account to use it and that there are sufficient funds or credit facilities to cover the cost of the Product(s) ordered.
We take reasonable precautions in securing our Site. We take reasonable care, in so far as it is within our control to do so, to keep the details of your order and order transaction secure. However, we are not liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Site.
Delivery
Rompy is responsible for each purchase that you make during the time it is in transit until it is delivered to your specified delivery address. Our goal is to deliver the Product(s) to you at the place of delivery requested by you in your order, provided that it is located within the United States, a US Territory or an APO/FPO address with a US zip code. Please note that it may not be possible for us to deliver to some locations. Should this be the case, we will inform you using your contact details and arrange for cancellation of the order or an alternative delivery address.
Delivery of any Product costing in excess of US$500 will require a signature acknowledging receipt to be delivered. Such Products cannot be left at places of delivery stipulated in your order if you, or someone you have authorized to accept delivery, is not present to accept delivery. Anyone at the delivery address who is 18 years of age or older will be deemed to be authorized to accept delivery on your behalf. Once a Product is delivered to you, or if a signature is required, delivery is signed for by you or by someone at the delivery address, responsibility for your purchased Product(s) passes to you.
Our goal is to ship all purchased Products within two business days of the date on which you place your order or if you have chosen to have a Product monogramed or personalized within two business days of the date that the monograming or personalization of the Product is completed or such other timeframe as may be indicated on the Site. If a Product in your order is backordered or being monogramed or personalized, your order may be processed with multiple shipments. Although it is our intention to deliver Product(s) in accordance with any confirmed delivery date we have given to you for any order which we accept, we cannot guarantee any firm delivery dates. We will endeavor to notify you if we anticipate that we will be unable to meet a confirmed delivery date, but in no event will we be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Upon delivery of an order, you agree to inspect the Product(s) for the correct quantities and any obvious faults, defects or damage.
With respect to Products that cannot be delivered without a signature, if delivery is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your order on the designated delivery date, if you refuse to sign for the delivery of the Product(s) on delivery or if you do not (within two weeks of our first attempt to deliver the Product(s) to you) accept delivery or collect the Product(s) from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (x) charge you for our reasonable storage fee(s) and other costs reasonably incurred by us, including redelivery costs; and/or (y) no longer make the Product(s) available for delivery or collection and notify you that we are immediately canceling your order, in which case we will refund to you or your credit/debit card company, as applicable, any money already paid to us, less our reasonable administration charges, including the amount charged for attempting to deliver and then returning the Product(s).
Returns
We do not offer returns on any Rompy products at this time.
Faulty Products
Products are faulty if they are received damaged or where a manufacturing fault occurs within 40 days of order. Products that are damaged as a result of normal wear and tear are not considered faulty. If you return a damaged or faulty Product we will refund the initial shipping charges paid by you in addition to the amount of the Product price and taxes, if applicable. To return a faulty or damaged Product, please email help@getrompy.com.
Disputes
Any dispute or claim relating in any way to: (1.) your use of the Site, (2.) any Product or service sold or distributed by us or through our Site, or (3.) the order transaction will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
In arbitration, there is no judge or jury, but instead an arbitrator will hear both sides of the case, but court review is limited. The arbitrator can award the same types of relief as a court, which includes injunctive relief, declaratory relief, or statutory damages. The arbitrator must follow the terms of the Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent CSC Services of Nevada, Inc., 2215-B Renaissance Drive, Las Vegas, NV 89119. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitration can be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
This Agreement will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the Nevada, without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).
Severability
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Our Contact Information
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to: help@getrompy.com.
