Terms & Conditions
1. IMPORTANT LEGAL NOTICE
TERMS AND CONDITIONS OF SALE
These are the legal terms and conditions under which we supply the products (“Products“) listed on our website REBELANDROOTS.com (“Our Site”) to You. Please read these terms and conditions (“Terms & Conditions of Sale“) carefully before ordering any Products from Our Site. By placing an order to purchase any of our Products, you accept and agree to be bound and abide by these Terms & Conditions of Sale together with our Website Terms of Use here, our Privacy Policy here and our Returns Policy here (collectively, the “Terms and Conditions“), regardless of whether or not you choose to register with us. These Terms and Conditions tell you who we are, how we will provide Products to you, what to do if there is a problem, and other important information. If you live in the United States, please read this carefully.
BY USING THE SERVICES YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU SHOULD NOT PLACE AN ORDER ON OUR SITE. THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRAION CLAUSE, A CLASS ACTION WAIVER AND JURY TRIAL WAIVER CLAUSE THAT IMPACT YOUR RIGHTS IN RESPECT OF HOW TO RESOLVE DISPUTES. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMEBR IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
2. INFORMATION ABOUT US
REBELANDROOTS.com is operated by REBEL & ROOTS, LLC. We are a small business family company registered in Colorado #supportlocal.
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3. PRODUCTS
3.1. The images of the Products on Our Site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display and print the colors of the Products accurately, we cannot guarantee that your device or computer’s display of the pictures, or the pictures in our other advertising materials, accurately reflect the colors of the Products that will be delivered to you. The Products may vary slightly from these images.
3.2. Whilst we take reasonable care to ensure accuracy, all sizing and measurements of Products detailed on Our Site are approximate. We cannot guarantee that all details are always accurate, complete, or error free.
3.3. All our Products are sold on the basis that they are suitable for domestic and private use only. As such, none of our Products are intended for use in connection with any business purpose.
3.4. Please note that Products on Our Site are not aimed at persons aged under 16 and may be unsuitable for persons under this age group. We do not sell Products to children, but sell them to adults over 18 years old, who can purchase products with a credit card, debit card, or other payment method.
4. PRODUCT AVAILABILITY
4.1.Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our “Deliveries“ page here.
4.2.If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This may happen in circumstances, including (but not limited to) where the Product(s) is/are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Product(s).
4.3. We may make changes to these Terms and Conditions from time to time. The Terms and Conditions that apply to your Contract (as defined in Section 6.2) will be those that are displayed on Our Site when you place your order.
5. YOUR STATUS
1. You may only purchase Products from us if:
a. you are an authorized user of the credit or debit card or payment account (i.e., Paypal, Afterpay or Klarna) used to pay for your order; and,
b. you are a resident of a country that we deliver to
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6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Once you have placed your order, you should receive an e-mail from us acknowledging that we have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted or that a contract has been formed between you and us. All orders are subject to availability and acceptance by us (which we may refuse for any reason).
6.2 After you submit your order, we immediately contact your bank or card issuer for authorization to take payment from your account. We will not process your order until payment has been received in full. If we accept your order we will confirm this to you by sending you a further e-mail (“Dispatch Confirmation“) confirming the Product is being processed ready for dispatch at which point the contract between you and us (“Contract“) will be formed.
6.3 As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under our Returns Policy here
6.4 From time to time we may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements. If these changes change the product description or other mandatory information to be provided to you under the applicable laws, we will update Our Site.
6.5 These Terms and Conditions, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of your Contract. You should keep a copy of these Terms and Conditions and your order for future reference.
7. DELIVERY
7.1 We will seek to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
7.2 If no one is available at your address to take delivery and the Products cannot be posted through your mailbox or left in a safe place and/or if you do not collect the Products from an address notified to you by our carrier within the time period notified to you by our carrier at the time delivery is attempted, we may end the Contract and Section 10 will apply.
7.3 Delivery of your order will be complete when we deliver the Products to the address you gave us and the Products will be your responsibility from that time
7.4 If you check out using your bank details, Paypal, or Apple Pay, you will own the Products once we have received payment in full. However, when you check-out using a payment instalment method, e.g., through a finance provider such as Klarna, then alternative terms will apply to you, further information on this is set out in Section 8 below.
7.5 Please note zipcode and/or postcode restrictions apply. Delivery times and costs may be increased where the Products are shipped outside the United States.
7.6 If you wish to dispute delivery of your order, you have 28 days starting from the day that the tracking status for you order is updated by the carrier as fulfilled (i.e. updated as delivered to the address set out in the Dispatch Confirmation). We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.
7.7 In addition, if you order Products from us for delivery to a destination outside the United States:
a. your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
b. you must comply with all applicable laws and regulations of the United States and any country for which the Products are destined. We will not be liable or responsible if you break any such law; and
c. please see our Returns Policy here for details on returning any Products to us from a destination outside the United States.
8. PRICE AND PAYMENT
8.1 The price payable for the Products shall be as shown on Our Site in United States Dollars (USD), although please see Section 8.6 below for what happens if we discover an error in the price of any Product you order.
8.2 We reserve the right to change the prices on Our Site at any time without notice, but changes will not affect orders which we have already accepted. However, if applicable, the rate of VAT changes after the date of your order, we will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
8.3 Taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped. We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
8.4 We accept payment by debit card, credit card, Apple Pay (iOS only), PayPal, Venmo. We accept the following cards: Visa, VISA Electron, Mastercard, American Express.
8.5 You must pay for the Products (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorization to take payment from your account. If you pay using any third-party service provider, such payments are subject to the third-party service provider’s terms and conditions. If you pay using Klarna, such payment will subject to additional terms between you and Klarna, available at www.klarna.com/us/terms-of-use/.See www.klarna.com/us/customer-service/csc/about-klarna/ for further information about Klarna. For more information about how Klarna will handle your personal data see their Privacy Policy, available at https://www.klarna.com/us/privacy-notice.
8.6 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We have the right to reject an order if we discover a pricing error. We will normally check prices before accepting your order and if the price is incorrect, we will try to contact you for your instructions before we accept your order. If we are unable to contact you, your order will be cancelled. If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognized by you as a mispricing, we may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
8.7 If you wish to apply a discount code or e-gift voucher code to your order, you must enter the relevant code during the online checkout process. Only one discount code and/or a maximum of five e-gift voucher codes, can be used per order and additional terms and conditions may apply in respect of each discount code. We reserve the right to decline to accept any discount or e-gift voucher code that is invalid for your order or that has expired.
8.8 Our percentage off promotions, discounts, or sale markdowns are customarily based on our own opinion of the value of this product, which is not intended to reflect a former price at which this product has sold in the recent past. This amount represents our opinion of the full retail value of this product today based on our own assessment after considering a number of factors. That’s why before checking out, it’s important you acknowledge that you understand this.
9. RETURNS, REFUNDS AND CANCELLATIONS
9.1 Please see our Returns Policy for more information about returns, refunds, and cancellations.
9.2 You may also have additional rights to terminate Contract under applicable consumer law.
10. OUR RIGHTS TO CANCEL THE CONTRACT
10.1 We may end the Contract at any time by writing to you if:
a) you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c) you do not, within a reasonable time, allow us to deliver the Products to you, or you are unavailable to receive delivery.
d)if the Products you have ordered are no longer available.
10.2 We may also end the Contract in the circumstances set out in Section 8.7.
10.3 If we end the Contract in any of the situations set out in Section 10.1 or 10.2, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the Contract.
11. INACCURATE, INCORRECT, OR DAMAGED PRODUCTS
11.1 We attempt to be as accurate as possible in the description of the products displayed on Our Site. We cannot guarantee that all details are always accurate, complete, or error free. If you believe that a Product description is inaccurate or your Product is damaged, please initiate a refund as set out in our Refund Policy.
12. OUR LIABILITY
12.1 Please note that we only provide Our Site and Products for domestic and private use. You agree not to use Our Site or any of our Products for any commercial, business or resale purposes. You further agree that you will not export, re-export, or otherwise transfer the Products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List. We do have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity, any indirect or consequential loss or damage, and will not provide VAT invoices for your purchases. If you are not a consumer, you must obtain our prior written consent to purchase Products from Our Site.
12.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT, SHALL REBEL & ROOTS LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS, OUR SITE, ANY CONTENT ON OUR SITE, SERVICES, FEATURES, MATERIALS AND FUNCTIONS RELATED TO OUR SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
13. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our reasonable control, including any event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): A) strikes, lock-outs or other industrial action. b) epidemic or pandemic or government actions arising from such epidemic or pandemic. c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. d) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster. e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. f) impossibility of the use of public or private telecommunications networks. g) the acts, decrees, legislation, regulations or restrictions of any government. (hereinafter referred to as an “Event Outside Our Control“).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All intellectual property rights in the Products are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All such rights are reserved.
15. AFTER-SALES SERVICE
You can contact us with any questions, comments, complaints, or requests regarding these Terms & Conditions of Sale or our Products, using the details set out in the Contact Us form.
16. PROMOTION TERMS AND CONDITIONS
Official REBEL & ROOTS promotion codes entitle you to an offer on your online order from www.REBELANDROOTS.com. To utilize your promotion code, click the “redeem a promotion code“ button on the order summary page and enter the specific code. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of REBEL & ROOTS and we reserve the right to withdraw them and refuse or restrict any order at any time. Promotion codes are only valid on REBELANDROOTS.com for payments made by residents of the United States.
17. OTHER IMPORTANT TERMS
17.1 If we have to contact you, we will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. We may also contact you by reply on any social media platform page that you have used to contact us. When we refer in these Terms and Conditions to “in writing“, this includes e-mail.
17.2 We may transfer our rights and obligations under the Contract to another organization. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. 17.3 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
17.4 The Contract is between you and us. No other person shall have any rights to enforce any of its terms. We may use subcontractors in performing our obligations under this Contract. 17.5 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority of competent jurisdiction decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.7. Entire Agreement. These Terms and Conditions, the Terms of Use, the Privacy Policy, the Refund Policy, any documents they incorporate by reference, and any additional terms you agree to in connection with Our Site constitute the sole and entire agreement between you and REBEL & ROOTS regarding your purchase of our Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the purchase of our Products.