TERMS OF SALE

TERMS OF SALE

Last Modified: January 1, 2022

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS, GOODS OR SERVICES FROM THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS, OUR WEBSITE TERMS OF USE, AND THE PRIVACY POLICY. YOU MAY NOT USE THIS WEBSITE IF YOU ARE UNDER 18 YEARS OF AGE OR IF YOU ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms of sale (these “Terms”) apply to the purchase and sale of products and goods through our online store on our website at [www.warmm.net] (the “Website”). These Terms are subject to change by (the “Company”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion.

The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website.

You should also carefully review our Privacy Policy before placing an order for products or services through this Website (see Section 9). Orders; Acceptance and Cancellation. By placing an order with us, you agree to these Terms, our Website Terms of Use, and the Privacy Policy. You agree that your order is an offer to buy, under these Terms, all products and goods listed in your order. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting customer support at us at [contact@warmm.net] All orders must be accepted by us and we are not obligated to sell the products or goods to you. The Company reserves the right to reject any order at any time in its sole and absolute discretion.

WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE WEBSITE OR ON ANY RELATED SITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).

Prices and Payment Terms.

All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All pricing is subject to approval of the Company. All products will be invoiced at the price in effect on the date of shipment, determined by the Company's current price pages.

All pricing is subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards and debit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Shipments; Delivery; Title and Risk of Loss.

All shipments are F.O.B. from the Company’s shipping point, with delivery or freight charged to the customer. All transportation, handling and insurance costs incurred in delivery will be charged to the customer . The Company or its vendors may arrange for, and prepay, transportation, handling and insurance with the understanding that these charges will be invoiced to and paid by the customer.

All taxes and excises of any nature levied by any governmental authority upon the sale, use or transportation of products covered by these Terms shall be paid and borne by the customer We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We will make commercially reasonable efforts to meet a customer's request for a specified delivery date; however, we cannot ensure a specified time of day for delivery.

The Company will not be responsible for any failure or delay of delivery or other performance due to fire, floods, windstorms, labor difficulties, plant or equipment breakdowns, riots or civil commotions, explosions, war, or due to any other cause or causes beyond its control. The company is also not responsible for items that are lost, stolen, or misdelivered. We are not liable for any delays in shipments. Each customer is responsible for its own site preparation and procurement of necessary equipment for installation of products or goods.

Returns and Refunds.

Requests to return products or goods must be approved in advance by the Company. You must notify us within seven (7) calendar days of delivery to request any return or refund by contacting us at [contact@warmm.net]. No returns of any type will be accepted without prior authorization the Company.

The Company reserves the right to accept or reject any return in its sole and absolute discretion. Any authorized return is subject to inspection and acceptance at our delivery point.

All products or goods must be returned in their original condition and include all packaging, assembly tools, and accessory items.

Any authorized credit adjustments will apply only if the product is returned in the same condition in which it was shipped. Non-standard products are not returnable.

No credit will be given for unauthorized returns. You are responsible for all shipping and handling charges on returned items.

You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a twenty-five percent (25%) restocking fee.

Refunds are processed within approximately thirty (30) calendar days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. The Company reserves the right without notice to apply and set off any amounts owed to customer, including but not limited to rebates, credits or complaint settlements, against any past due amounts owing from the customer to the Company.

If the Company brings legal action to collect past due amounts from a customer, the customer will be responsible to reimburse the Company for all of its costs and out-of-pocket expenses associated with such action, including but not limited to reasonable attorneys' fees.

WE OFFER NO REFUNDS ON THE FOLLOWING TRANSACTIONS: (1) ANY PRODUCTS OR GOODS LISTED “ON SALE” OR “SALE”, PRODUCTS OR GOODS ON CLEARANCE, DISCOUNTED PRODUCTS OR GOODS, PRODUCTS OR GOODS LISTED AS PROMOTIONAL, SPECIAL SAVINGS OR DEALS (2) ANY SPECIAL OR CUSTOM ORDERS AND/OR ANY PRODUCTS OR GOODS THAT VARIES FROM THE SPECIFICATIONS SET FORTH IN OUR PRODUCT LITERATURE; (3) ANY PRODUCTS OR GOODS PURCHASED USING GIFT CARDS OR STORE CREDIT, (4) AND/OR ANY PRODUCTS OR GOODS OTHERWISE DESIGNATED ON THIS WEBSITE AS “FINAL” OR “NON-REFUNDABLE” , “FINALE SALE” OR CONTAINING SIMILAR PHRASES.

LIMITED WARRANTY.

WE WARRANT THAT THE GOODS AND PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE DELIVERY OF THE PURCHASE. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS SECTION 5. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, VENDORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

Who May Use This Warranty? This limited warranty extends only to the original purchaser of products and services from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficial owner or user of the product.

What Does This Warranty Cover? This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in goods and products purchased from the Website. The Company reserves the right to refer the customer to the manufacturer directly for warranty service claims.

What Does This Warranty Not Cover? This limited warranty does not cover any damages due to: transportation; storage; improper use; exposure to climate, temperature, moisture and humidity; failure to follow the product instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Company; unauthorized repair; normal wear and tear; external causes such as accidents, abuse, or other actions or events beyond our reasonable control; or WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

What is the Period of Coverage? This limited warranty is for a period of thirty (30) calendar days beginning on the date of delivery from our Website (“Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion.

What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we may in our sole discretion, either: (i) repair or replace such products (or the defective part) subject to shipping and handling charges, or (ii) provide a WarmmStore E-gift card the same value of the product that the customer paid. We will NOT pay for shipping and handling fees to return the repaired or replacement product to you.

How Do You Obtain Warranty Service? To obtain warranty service you must contact us at [support@warmm.net] during the applicable Warranty Period to obtain prior authorization. No warranty service will be provided without prior authorization from Company.

Limitation of Liability.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF USE, ENJOYMENT, PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT PRODUCTS OR GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

What can you do in case of a dispute with us? The informal dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. Products and services purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

Intellectual Property Use and Ownership. You acknowledge and agree that: All uses on this Website of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price” and the like mean the purchase or sale of a license. Each product and service marketed on this Website is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with the display or description of that specific product or service or made available through a link at the checkout page. You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Website, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sub-licensing and transfer of those licensed products and services. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements. The Company and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Website, or of any intellectual property rights relating to those products or services.

Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, [https://warmm.net/privacypolicy], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website CHANGES TO TERMS OF SALE. THE COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS OF SALE FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE WHEN THE COMPANY POSTS THE REVISED TERMS OF SERVICE AS PART OF THIS WEBSITE. THE MOST CURRENT VERSION OF THE TERMS OF SALE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF SALE” HYPERTEXT LINK LOCATED IN THE HOME PAGE FOR THE WEBSITE. CUSTOMERS SHOULD CHECK THE TERMS OF SALE FROM TIME TO TIME, AS THEY ARE BOUND BY THE TERMS OF SALE AND ANY CHANGES THERETO. ANY REVISED TERMS OF SALE SHALL SUPERSEDE ALL PREVIOUS VERSIONS.

Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's (“Impacted Party”) control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; a (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the control of the Impacted Party. The Impacted Party shall give notice within thirty (30) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section 9, either party may thereafter terminate this Agreement upon thirty (30) days' written notice. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

Dispute Resolution and Binding Arbitration. YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Neither party shall be entitled to an award of attorneys’ fees as the prevailing party or otherwise, and each party shall be responsible for all legal costs and expenses associated with maintaining such arbitration proceeding. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. Notices. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, (ii) sending mail to any postal address you provide, or (iii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To Us.

To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to BB Ecommerce LLC, 4250 Alafaya Trail, 212-329, Oviedo, FL 32765.

We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.