_Terms of Service

STORE POLICIES    Terms of Service

Last Revised on: May, 20, 2018.

1. Overview

RECORE STORE is operated by our parent company, Hyper Wits. Throughout the site, the terms “we”, “us”, “our”, “Site”, “Website”, “Service”, “Company”, “Store” or “RECORE” refer to the RECORE STORE itself. These Terms of Service constitute a legal agreement between you (“You“, the “User”) and RECORE STORE. Please read these Terms carefully before using our services and making any purchase. Your use of our services and purchase of our products are governed by these Terms of Service (“Terms”), which hereby incorporate by reference our Privacy Policy, our Cookie Policy and our Refund Policy (collectively, the “Store Policies”). Together with any updates or additional terms, these Terms of Services and the Store Policies are collectively referred to herein as the “Agreement”. When you access and use our Site you agree to be bound by: (i) These Terms of Service; (ii) Our Privacy Policy, which identifies how we may use your personal and non-personal information when you access and use our Site; (iii) Our Cookie Policy which shows how we use Cookies to set and configure features of the Service; (iv) Our Refund Policy, which governs how we handle returns, exchanges and refunds of payments; (v) Other requirements applicable to your access and use of our Site; (vi) And you also represent that you are of legal age in your state of residence to form such a consent and have the authority to bind yourself to this Agreement. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

These Terms contain a binding arbitration and a class-action waiver.

If you do not agree with the terms of this Agreement, we recommend that you refrain from accessing our Website and using our Services.

2. Store Policies

The following polices complement as well as are integral part of these Terms. Together they compose the Store Policies, the set of rules followed mutually by the Store and the User who agree to use the Service.

(a) Privacy Policy. (https://recorestore.com/policies/privacy/) The Privacy Policy governs how the Store process the User’s personal and non-personal information, who have access to what kinds of information about the User and under what circumstance this information is used. This policy also covers the User’s Right to Access to his/her own information gathered by the Store and the User’s Right to Erasure, which guarantees the Users full right of deleting his/her digital footprint at the Store if so desired.

(b) Cookie Policy. (https://recorestore.com/policies/cookies/) The Cookie Policy describes how the Store uses cookies to configure services offered to the User, to collect statistical usage data, and for how long the cookies are active. The User agrees to read this policy and to get familiar with the specific cookies we use for each functionality and how they work to make a better browsing and shopping experience.

(c) Returns and Refunds Policy. (https://recorestore.com/policies/returns/) The Refund Policy governs how the User must proceed in case of intention of returning any products bought from the Store, and how the Store handles cancelation of orders, the returning of products, and the conditions for refunding the values paid for purchases. The Store does not refund or accept cancellations due to buyer’s remorse, but all other situations where a refund is applicable are covered in this policy

3. Use of the Service and Restrictions

(a) Overview. The Store enables you to discover and purchase products that are relevant to your interests. Through the Site you may also learn about special promotions, sign up for the Store’s Newsletter and communicate with the Store via methods described in the “Customer Service” section of these Terms. You may use the Site as a guest, however, some features of the Store (like actually placing orders) require you to create an Account (define below under “Registration”). When you use the Site or authorise any transaction of data as a guest or though your Account yo warrant that all information you provide in connection with the Site is accurate and true.

(b) Registration. To register you must create a user account by providing a valid email address and creating a unique password (these two pieces of data are the minimum to configure your “Account”). You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring that 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 unauthorised use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account if we suspect breaching of the conditions defined in these Terms.

(c) Privacy of Your information. There Service is only for sales of Products to end user customers for their personal, non-commercial use. Any data we collect about your usage of the Site and personal information you submit while registering, browsing and shopping with us is subject to our Privacy Policy, which is expressly made part of these Terms. You agree to provide accurate, current, and complete information required to register your account with the Service, and at other points as may be required to pay for your orders, deliver your Products, and receive communications from the Store regarding your Account and your orders. The Store agrees to strive to keep your information safe at all times, but you are solely responsible for all activities that occur on your Account. The Store shall not be responsible for any losses arising out of the unauthorised use of your Account.

(d) Promotions. From time to time we may create and offer sweepstakes, contests, or other promotions (collectively, “Promotions”) to you, available through the Store, that may require you to register and accept additional provisions to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and be aware that participation if completely voluntary, and once registered to each Promotion you consent to your unconditional agreement and acceptance thereto.

(e) Restrictions and Prohibited Uses. In addition to other prohibitions as set forth in these Terms, you are prohibited from violating or attempting to violate the security or integrity of the Site or otherwise violating or infringing our rights or the rights of others who use the Site. You agree not to engage in any of the following prohibited activities: (i) to submit false or misleading information; (ii) using the Site or its content for any unlawful purpose; (iii) using the Service for any commercial solicitation purposes; (iv) soliciting others to perform or participate in any unlawful acts; (v) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (vi) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate other users based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vii) transmitting spam, chain letters, or other unsolicited email; (viii) interfering with the proper working of the Service; (ix) to upload or transmit scripts, worms, viruses, software agents, or any other type of malicious code that will or may be used in any way that will affect the functionalities or operations of the Service or of any related website, other websites, or the Internet; (x) to use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our hosting company’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that RECORE STORE grants the operators of public search engines revocable permission to use spiders to copy materials from the Store for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the pages and products available through the Service, but not caches or archives of such materials, nor any personal information about its users); (xi) to spam, phish, pharm, pretext, spider, crawl, or scrape; (xii) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiv) to interfere with, compromise, or circumvent the system integrity and/or security features of the Service or any related website, other websites, or the Internet, or attempt to decipher any transmissions to or from the servers running the Service; (xv) to collect, to harvest, or track any personally identifiable information about guests and Users, including account names, from the Service; (xvi) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xvii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (xviii) use the Service for any obscene or immoral purpose; (xix) accessing any content on the Service through any technology or means other than those provided or authorised by the Service; (xx) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent from the Store or its licensors.

We reserve the right to immediately terminate your use of the Site and/or your Account (according to our sole discretion) if we determine that your made improper use of the Site or violated any provision of this Agreement.

4. Orders, Payments, Delivery and Refunds

(a) Products or Services (If Applicable). Our Products or Services are available exclusively online through this website. These Products or Services may have limited quantities and are subject to our Returns and Refunds Policy regarding returns, exchanges or refunds.
We have made every effort to display as accurately as possible the colors and images of the Products available at the Store, but we cannot guarantee that your computer monitor will display any color in a perfectly accurate manner.
We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. 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.
We cannot 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, especially those caused by external factors, like third-party carriers or natural disasters, will be corrected according to your expectations. You are, however, protected by our Returns and Refunds Policy and can contact us anytime to discus the possibility of returns, exchanges and/or refunds (see paragraph “d” below in this section).

(b) Payment, Delivery, Prices and Customs Fees. The Payments for your orders can be done using a Credit Card or balance from your Paypal wallet. In both cases the payment processing is handled by Paypal itself. To pay using your Paypal wallet balance, you will need to login to your Paypal account during the final step of the checkout. To pay using a Credit Card, Paypal will simply process your credit card payment as any other payment processor would, and you don’t necessarily need to have a Paypal account to pay using your credit card.
Delivery is carried either by FedEx or USPS. Options for delivery vary depending on the products in your order and the shipping destination. You will be presented with the proper available options for your shipping address during checkout.
All prices for the Products available in the Store, and for the shipping rates charged by the carrier of your choosing, are in US Dollars ($USD).
Deliveries to USA (from our warehouse in Los Angeles, California), and to Europe (from our warehouse in Riga, Latvia) are considered local deliveries and do not incur in any customs fees. International deliveries, however, outside of USA and Europe, may incur in some fees related to customs. You are responsible for theses fees if they are charged. Please consult the legislation of your country regarding import fees.
We reserve the right to add new Payment and Delivery options, as well as remove existing options, according to what we find viable and useful both to the Store and its users. Delivery times and shipping prices are estimates based on information provided by our third-party carriers, namely, FedEx and USPS. For average estimates, please check our Shipping Options Guide. Prices for the products offered by the Store can change without any prior notice. We shall not be liable to you or to any third-party for any modification, price change or discontinuation of the Service.

(c) Accuracy of Billing and Account Information. You must provide your full legal name and a valid billing address to make purchases through the Site. During checkout you also need to provide a valid shipping address so that your orders can reach their destination properly.
We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at the Store. You agree to promptly update your account and other information, including your email address and shipping address(es), and inform proper credit card numbers and expiration dates, if that is your payment option during checkout, so that we can complete your transactions and contact you as needed.

(d) Cancelations, Returns and Refunds. Orders can only be canceled during the first 48 hours after the payment has been confirmed.
The Store does not refund or accept cancellations due to buyer’s remorse, but all orders are covered by our 30-Day Money-Back Guarantee, provided the reasons for returning the ordered products are in accord to the terms specified in our Returns and Refunds Policy.

5. Customer Service

(a) Communication of Notices. By creating an Account with the store you agree to provide a functional email address to be bound to your account as the primary means of communication between you and the Store. This main email address associated with your account is where you will receive information about your orders, payments and delivery of your orders, response to your inquiries and requests for assistance, and any other situation where communication between the Store and you is needed.

(b) Communication Channels. The Store provides live support through the Live Chat feature (available on the floating tab on every page of the Site) from 8AM until 5PM PDT on Weekdays and Saturdays. The Store also offers support directly via the email “[email protected]”, our Contact Page, and via Twitter or Facebook.

(c) General Inquiries. Please use our email address “[email protected]” or any of the channels described above in the previous paragraph to send general questions.

(d) Assistance with Orders. Please reach us through the email “[email protected]” for assistance with billing questions, delivery or any inquiries specifically related to your orders. Please inform the email address used in your Account and your order number.

(e) Returns and Refunds. Returns and refunds are subject to the articles in our Returns and Refunds Policy. Please review that policy and send your requests to “[email protected]”.

(f) Privacy Matters. For matters regarding your personal and non-personal information, and/or to exercise your Right to Access or Right to Erasure please send your requests to the email address “[email protected]”.

(g) Time of Response. The Store agree to take the User’s communications as priority and to provide partial or full answers and/or solutions within the next two business days after receiving the User’s inquiries. The user also agrees to reply and/or confirm receipt of answer from the Store for her/his inquiries within two business days.

6. Disclaimer of Warranties; Limitations of Liability; Indemnification

(a) Disclaimer of Warranties. Our Site is provided to you as is. We do not guarantee, represent, or warrant that your use of the Service and information contained thereon and/or the products will be satisfactory, uninterrupted, error-free or perfectly secure. You agree that from time to time RECORE STORE may interrupt the service for indefinite periods of time, for maintenance or any other reason, or cancel the service at any time, without notice. You expressly agree that your use of, or inability to use, the service is at your sole risk. The products delivered to you through the Store are provided “as is” and “as available”, without warranties of any kind, express, implied, statutory, or fitness for a particular purpose, except for those expressed in our Returns and Refunds Policy. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. This will not affect your statutory right as a consumer.

(b) Limitations of Liability. In no case shall RECORE STORE, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any 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 use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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.

(c) Indemnification. By using our Service, you agree to indemnify and hold us and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless with respect to any claim or demand, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or in relation to (i) your use of our Site; (ii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

(d) Non-waiver. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

7. Severability and Termination

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.

(a) Termination by the Store. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

(b) Termination by You. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or simply by ceasing to use our Site. If you wish, you may also exercise your Rights to Erasure (aka Right to be Forgotten) and request that we purge from our databases any information related to you. This will effectively cause us to close your account and delete all your personal and historical information that we currently hold related to you. Please check our Returns and Refunds Policy to learn more about your Right to Erasure. We reserve the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or by us will result in your permanent inability to access your account, your purchase history, and, if you exercise your Right to Erasure, any information related to your use of the Service (since it will have been deleted), and you will forfeit any right to any Products not already in your possession and any possible balance or store credit and discounts associated with your account.

(c) Termination of the Service. We may, without prior notice, change the Service, stop offering the Service or partial features of the Service, to you or to all users in general, or create usage limits for the Service, including, without limitation, limiting the number of Products you may purchase at any given time or under any given account or set of accounts. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

(d) Survival of the Terms. Notwithstanding any termination or expiration of these Terms, the obligations and liabilities of the parties incurred prior to the termination date, and any other terms which by their nature are intended to survive, shall survive the termination of this agreement for all purposes.

8. Other Legal Terms

(a) Changes to the Terms of Service. Please note that we reserve the right, at our sole discretion, to update, change or replace any part of this Agreement. Any new features or tools which are added to the current store shall also be subject to these Terms of Service. When changes are made, a new copy of the Agreement will be available on the Site, and the “Last Revised” date on the top of the Agreement will be updated. If you hold an Account at the Store, you may also be notified about the changes by email at the last email address you provided to us in your Account Details. Any changes to the Agreement will be effective immediately and your continued use of the Site following the posting of any changes to these Terms of Service constitutes your acceptance of those changes. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check our website periodically for changes.

(b) User Comments, Feedback and Other Submissions. If, at our request, you send certain specific submissions (for example contest entries or consumer photos of our products in use, i.e.: ‘action shots’) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’, made on our blog or social channels), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any scripts or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

(c) Notices. We may send you notices regarding the Service and/or alterations in these Terms or Policies that complement it (Store Policies), by sending email messages to the email address you provided during your registration. Notices shall become effective immediately.

(d) Errors, Inaccuracies and Omissions. Occasionally there may be information on our site or in the Service 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 in the Service or 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

(e) Optional Tools and Third-Party Materials and Links. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input, and certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
You acknowledge and agree that we provide access to such tools and links ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

(f) Intelectual Property Rights. The design of the Site, the logo of the Store and all artwork, graphics, and textual designs created to be printed on our products, and the trademarks, service marks and logos contained therein (“Our Content”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under international laws and conventions. You agree not to engage in the use, copying, or distributing any of Our Content contained on our Site. If you are a copyright owner or agent thereof and believe that content posted on this website or through the Service infringes upon your copyright, please notifies us by email about such content at the address “[email protected]” so we can take appropriate measures.

(g) Arbitration Notice. You and RECORE STORE agree to resolve all disputes and claim between us in individual binding arbitration. That includes but is not limited to, any claims arising out of or in relation to: (i) Any aspect of the relationship between us; (ii) This Agreement; or (iii) Your use of the Service, your account, or content, products and services provided to you while using the Service.
You and RECORE STORE agree that (A) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; (B) there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general; and (C) no arbitration shall be joined with any other.

(h) Governing Law. The Service is controlled and operated by our parent company, Hyper Wits. 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 Sao Paulo, Brazil, where Hyper Wits is based, without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in São Paulo, SP, Brazil, in all disputes arising out of or relating to the Service.

(i) Assignment. We may assign our rights and/or obligations under this Terms of Service to any other party at our discretion.

9. Entirety of the Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any Policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement, and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

10. Contact Information

The Store can be reached by anytime by:

Live Chat
(floating tab available on the footer of every page of the Site)
from 8AM until 5PM PDT on Weekdays and Saturdays

Email
For general questions and info: [email protected]
Help with orders or any kind of support: [email protected]
Privacy and data protection matters: [email protected]

Social Media:
Twitter
Facebook

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