Privacy Policy

Privacy Policy

Last Updated: March 16th, 2020 

STUPEFYE, LLC (“Company”), a  company, is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we or our third-party service providers collect through certain of our owned or controlled websites and web properties (e.g., widgets and applications) and mobile applications (“Mobile Apps”) (collectively the “Properties”). By providing Personal Information (as defined below) to us through the Properties, you agree to the terms and conditions of this Privacy Policy.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including Facebook, Inc., Apple Inc., Google Inc., Microsoft Corp., Blackberry, any wireless carriers, our artists, our affiliates and any third party operating any site or property to which any Property contains a link.  In addition, the inclusion of a link on any Property does not imply endorsement of, or affiliation with, the linked site or Property by us or by our artists or affiliates. Please note that the Properties may include the ability to access and submit (including, for example, via a third-party software application or service that is available through or in connection with a Property) certain information directly to third parties such as Facebook or to any application platform such as Apple’s App Store or Google Play.  Such information is submitted by you directly to such third parties; this Privacy Policy does not apply to any information submitted by you to third parties.

Cross-Border Transfer: The Properties are controlled and operated from the United States; accordingly, this Privacy Policy, and our collection, use and disclosure of your Personal Information, is governed by U.S. law, and the Properties are not intended to subject Company or any of its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States.  Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Properties you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.


The Properties are not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Information through the Properties.


Your California Privacy Rights: If you are a California resident, you may request certain information once per year about our disclosure of certain categories of Personal Information during the preceding calendar year to third parties for such third parties’ own direct marketing purposes. Please send your request by email to privacypolicy@stupefye.com. We reserve our right not to respond to requests submitted other than to the emails specified in this section.

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. Please take a look at the “LAST UPDATED” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available on or through a Property. Your use of such Property or your submission of any information in connection with the Property following such changes means that you accept the revised Privacy Policy.

PERSONAL INFORMATION

Personal Information We May Collect

Two types of information are collected in connection with the Properties: Personal Information and Other Information. “Personal Information” is information that identifies you as an individual. “Other Information” is any information that does not reveal your specific identity. Other Information is addressed separately below, under the heading “OTHER INFORMATION”.

We and our third-party service providers may collect the following Personal Information from you:

  • Name
  • Postal address (including billing and shipping addresses)
  • Telephone number
  • Email address
  • Credit and debit card number

We and our third-party service providers collect Personal Information through the Properties, for example, when you participate in various opportunities provided through the Properties, such as:

  • When you purchase a product or make a request.
  • When you register for newsletters or other communications through the Properties.
  • When you participate in a contest, promotion, sweepstakes, survey or other promotion through the Properties.
  • When you participate in a blog or forum.

How We May Use Personal Information

We and our third-party service providers may use Personal Information:

  • To respond to your inquiries and fulfill your requests, such as to send newsletters to you or to provide you with information about our products and services.
  • To send to you administrative information, including information regarding the Properties and changes to our terms, conditions and policies.
  • To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
  • To send to you marketing communications that we believe may be of interest to you (including, without limitation, by our third-party service providers that send direct mail, email, and other types of advertising, such as display advertising or sponsored advertising on the Properties or other properties, to those whose email addresses we have collected).
  • To send to you SMS text messages, if you have indicated you would like to receive them. Please keep in mind that message and data rates may apply. You should check with your mobile service provider for applicable data rates. At any time, you may text back “HELP” for further information regarding text messages. If additional rules are provided in connection with any specific SMS text message sign-ups, such rules shall also apply and shall control in the event that they conflict with this Privacy Policy.
  • To personalize your experience on the Properties by presenting products and offers tailored to you.
  • To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully; in the event of a conflict between such rules and this Privacy Policy, such rules will govern.
  • To allow you to send messages (for example, music clips or artist information) to a friend through the Properties. By using such functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.
  • For our business purposes, such as data analysis, audits, developing new products, enhancing the Properties, improving our services, identifying usage trends and determining the effectiveness of promotional campaigns.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates or artists; (f) to protect our rights, privacy, safety or property, or that of our affiliates, our artists, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  • We may combine Personal Information that you submit on or through the Properties with information that we collect from and about you from other online and offline sources, including from our own websites and web properties (including apps, widgets and players) and third-party sources, which may include social media services you interact with through our Properties. We treat such combined information as Personal Information as long as it is so combined.

How Personal Information May Be Disclosed

Your Personal Information may be disclosed:

  • To our third-party service providers (and in some cases, our affiliates) who provide services such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing and other similar services to enable them to provide such services.
  • To our affiliates, to permit them to send marketing communications to you. STUPEFYE, LLC is the party responsible for the management of jointly-used Personal Information.
  • To unaffiliated third parties or their vendors, to permit them to send, or to cause to be sent, marketing communications to you in online and offline media.
  • To our artists (including any of the artists’ band members, if applicable) and their representatives, so that the artists and their representatives may use this information to send to you communications (including marketing communications) that they believe may be of interest to you, including, for example, if you (a) sign up to join the applicable artist’s mailing list and/or to receive such artist’s newsletters, (b) register with the applicable artist’s website, or (c) have otherwise indicated that you would like to receive information and/or marketing communications from the applicable artist. We do not control, and are not responsible for, artists’ and their representatives’ use of Personal Information.
  • To third parties that sponsor contests, sweepstakes and similar promotions.
  • To identify you to anyone to whom you send messages on or through the Properties.
  • By you, on or through message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information and materials that you post or disclose on or through a Property will become public information, and may be available to visitors to such Property and to the general public, and may be redistributed through the Internet and other media channels where they will reach an even broader audience. We retain certain rights in the information and materials that you post on or through the Properties, and we may use and disclose such information and materials (including any Personal Information included therein) in accordance with our Terms of Use. We urge you to be very careful when deciding to disclose your Personal Information, or any Other Information, on or through the Properties. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY PROPERTY.
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
  • To a relevant artist who is no longer affiliated with us, if you indicated an interest in such artist (for example, by registering with the artist’s website).
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates or artists; (f) to protect our rights, privacy, safety or property, or that of our affiliates, our artists, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Retention Period


We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Sensitive Information

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Properties or otherwise to us.


OTHER INFORMATION


Other Information We May Collect

We and our third-party service providers may collect Other Information (defined above), such as:

  • Browser and device information
  • Mobile App usage data
  • Server log files
  • Geographic location information
  • Demographic information and other non-personally identifiable information provided by you
  • Information about how you use the Properties
  • Aggregated information

How We May Collect Other Information

We and our third-party service providers may collect Other Information in a variety of ways, including:

  • Through your browser or your device: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, device type (Windows or Macintosh), screen resolution, operating system version, Internet browser type and version and the type and version of a Property that you are using. We and our service providers may also collect a unique device identifier assigned by us or our service providers to the device from which you are accessing a Property and other transactional information for the device that we and our service providers may use to serve content to the device.
  • Through your use of Mobile Apps:  When you download and use a Mobile App, we and our service providers may track and collect Mobile App usage data, such as the date and time the Mobile App on your device accesses our servers and what information and files have been downloaded to the Mobile App based on your device number.
  • Through server log files: An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing a Property by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit the Property, along with the time of the visit and the activity on the Property.  We and our service providers use IP addresses for purposes such as calculating Property usage levels, helping diagnose server problems, administering the Properties and determining your approximate geographic location.
  • Using cookies: We and our service providers may use cookies, pixel tags, web beacons, Adobe Flash technology (including Flash Local Stored Objects (“Flash LSOs”)) and other similar technologies to, among other things, better serve you with more tailored information for our products and services, and for those of third parties, facilitate your ongoing access to and use of the Properties, and collect and store information about your use of the Properties.  For example, pixel tags and web beacons may be used in connection with a Property to, among other things, track the actions of such Property’s users, measure the success of marketing campaigns and compile statistics about such Property’s usage and response rates.
    • If you do not want information collected through the use of cookies, there is a simple procedure on most devices through which the Properties are accessed that allows you to decline the use of cookies.  To learn more about cookies, please visit http://www.allaboutcookies.org/.  If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Properties may not be available to you.
    • If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Properties, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time).  Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Properties or our content. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
    • The use of these technologies allows our vendors and third-parties and their vendors to deliver advertisements about our products and services, and the products and services of others, when you use the Properties or other applications or visit websites or web properties across the Internet on any of your devices. These parties may place so-called “pixel tags,” “web beacons,” “clear GIFs” or similar technologies on the device through which you access the Properties, and other applications or websites across the Internet, and also place or recognize third-party cookies when you use the Properties, or other applications, websites or web properties. They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile device and a laptop. These vendors may use information about your visits, on the different devices you use, to the Properties, and other applications, websites or web properties (excluding your name, address, and telephone number), as well as information received from third parties, to provide advertisements for us and others about goods and services that may be of interest to you.  If you would like more information about this practice, please visit the Network Advertising Initiative at www.networkadvertising.org or the Digital Advertising Alliance at www.aboutads.info.  You may also visit those sites to opt out of these advertising practices in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy.
    • Our Properties do not respond to browser-based do-not-track signals.
  • Geographic location information: If you use any location-enabled products or services, you may be sending us location information.  When you use a location-enabled service, we may collect and process information about your precise geographical location, such as GPS signals sent by a mobile device.  We and our third party service providers and partners may use your device’s physical location to provide you with personalized location-based services, content and advertisements. In some instances, you may be permitted to allow or deny such uses of your device’s location, but if you choose to deny such uses, we may not be able to provide you with the applicable personalized services and content.
  • From you: We may collect demographic information, such as your zip code or gender, as well as other information, such as your preferred means of communication, when you voluntarily provide this information to us.  Unless combined with Personal Information, this information does not personally identify you or any other user of the Properties.
  • Information about how you interact on the Properties:  We may collect information about how you interact on the Properties.  For example, some Properties may utilize analytic tools to help us better serve you through improved products, services, and revisions to the Properties. This collected information may let us know which services and features you are using the most within a Property, as well as device type and hardware features, country and language of download, etc.
  • By aggregating information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Properties, for example, by using Personal Information to calculate the percentage of our users who like a particular artist.

 

How We May Use and Disclose Other Information

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.  If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information.  In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

SECURITY


We seek to use reasonable physical, technical and administrative measures to protect Personal Information under our control.  Unfortunately, no data transmission over the Internet or data security system can be guaranteed to be 100% secure.

 

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information

We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:

  • Receiving marketing-related emails from us and our affiliates: If you do not want to receive marketing-related emails from us and our affiliates on a going-forward basis, you may opt-out from receiving such emails either by using the unsubscribe mechanism provided in the email or by emailing us at privacypolicy@stupefye.com.
  • Receiving marketing-related SMS text messages from us and our affiliates: If you do not want to receive marketing-related SMS text messages from us and our affiliates on a going-forward basis, you may opt-out from receiving such messages by texting back “STOP” or by emailing us at privacypolicy@stupefye.com.
  • Our sharing of your Personal Information with artists or unaffiliated third parties for their marketing purposes: If you prefer that we not share your Personal Information on a going-forward basis with artists or unaffiliated third parties for their marketing purposes, you may opt-out from such sharing by emailing us at privacypolicy@stupefye.com.  

In each case, please make clear in your email what you are opting-out from. We will try to comply with your request(s) as soon as reasonably practicable.

Please note that, if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our artists or unaffiliated third parties with which we have already shared your Personal Information as of the date that we implement your opt-out request. Please also note that, if you do opt-out from receiving marketing-related messages from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.

How you can access, change, or remove your Personal Information and Posted Content

If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that you have previously provided to us or content you have previously posted on a Property, you may contact us by emailing us at privacypolicy@stupefye.com

In your request, please make clear what Personal Information or posted content you would like to have changed or removed and what limitations (if any) you would like to place on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable. Please note that such request does not ensure the complete or comprehensive removal of Personal Information or content posted on a Property. For example, we may need to retain certain information or content for recordkeeping purposes, and there may also be residual information or content that will remain within our databases and other records that will not be removed. We are also not responsible for changing, removing or suppressing information or content from the databases of artists or unaffiliated third parties with which we have already shared your Personal Information or content.

CONTACTING US

If you have any questions about this Privacy Policy, please contact us by email at privacypolicy@stupefye.com

Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in your email messages to us.




RETURN POLICY

All sales are final. No refunds or exchanges will be permitted. We may refuse a refund request, if we find evidence of fraud, refund abuse, or other manipulative behaviour.


Shipping Policy: 

SHIPPING

See below for prices and delivery times. Please allow up to 5 additional business days on top of delivery times for order processing and verification.

Please note that select merchandise may have a higher shipping cost. These costs will be specified on the product page.

Region

Rate

Estimated Delivery Time

USA

$10 USD

5-10 Business Days

Rest of World

$35 USD

7-14 Business Days


The delivery times are only estimates and orders may experience delays during periods of high traffic.

Please check back with us periodically for any updates regarding our shipping policies.

Please note that we do not ship to P.O. Boxes.

DUTIES AND TAXES

INTERNATIONAL ORDERS (OUTSIDE OF NORTH AMERICA)

Shipping and handling charges for overseas orders are based on the destination country and the merchandise you order.

Please note: the prices we quote do not include any import/customs duties and tax charges applicable to your order.

WE ARE NOT RESPONSIBLE FOR ANY CUSTOMS AND/OR DUTIES & TAXES APPLIED TO YOUR ORDER.

You are personally responsible for paying these fees upon receipt or delivery of the order. A general guideline to follow when estimating these fees should be to calculate 20% of the total dollar amount of the items ordered. However, this is just a guideline as the actual fees will vary based on the country you are in.

Please check with your local Customs Department for more detailed information on how to estimate these additional charges.


FAQ:


  1. WHEN WILL MY ORDER ARRIVE?

Please allow up to 5 additional business days on top of delivery times for order processing and verification and 5-10 business days (depending on your shipping destination) for delivery.

Any orders placed on the weekends or holidays will be processed on the next business day.

Please visit our Shipping Page for additional information for estimated delivery times.

I JUST PLACED AN ORDER, CAN I CANCEL IT?

Unfortunately once an order is submitted, changes can not be made. Please carefully review your order and read/agree to our Terms prior to completing your purchase.

 

I EMAILED CUSTOMER SERVICE, HOW LONG WILL IT TAKE THEM TO RESPOND?

Our customer service team aim to respond to your concern as quickly possible. Please allow 24-48 hours for a representative to contact you.

During releases, please anticipate a slightly longer response time. To avoid any confusion and added volume, please refrain from sending multiple emails regarding your request.

 

I PLACED MORE THAN ONE ORDER. CAN YOU COMBINE THEM TO ELIMINATE MULTIPLE SHIPPING COSTS?

Unfortunately, we do not merge orders. Multiple orders will be shipped separately.

 

WHAT FORMS OF PAYMENT DO YOU ACCEPT?

We accept ApplePay, GooglePay, original Visa, MasterCard and American Express credit cards. Unfortunately, we do not accept PayPal, Visa/MasterCard Debit or any other prepaid credit cards at this time.

 

I TRIED TO PLACE AN ORDER AND MY CREDIT CARD DECLINED OR GAVE ME AN ERROR.

Please contact your financial institution or credit card company for further assistance as this error cannot be resolved on our end.

WHY DO MY BILLING AND SHIPPING ADDRESS HAVE TO MATCH?

We require that your billing and shipping address match as an additional step to prevent credit card fraud.

WHAT CURRENCY ARE YOUR PRICES IN?

Orders placed by customers residing in the United States or Australia will be charged in US Dollars.

AM I RESPONSIBLE FOR THE TAXES AND DUTIES ADDED TO MY ORDER?

That is correct. We are not responsible for any import/customs and/or duties & taxes applied to your order.

 

 

 



Terms Of Service: 


TERMS OF USE

This Website, egsupply.co hereinafter, referred to as “the Website”) is operated by STUPEFYE, LLC (hereinafter referred to as “us” “we” or “our”). The terms "you” or “your" refer to you, the consumer and/or user of the Website. “User” means all users of “the Website”. We offer this Website, including all information, products and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.

YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.

If you do not agree with these Terms of Use, you should not use the Website.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how any legal claims that might arise between us and you will be handled. See Mandatory Arbitration Provision For Resolution Of Claims or Disputes (Section 12 below) “Arbitration” below), which includes a binding obligation to resolve disputes on an individual (i.e. non-class action basis), which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration or small claims court.

YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.

1. INTELLECTUAL PROPERTY OWNERSHIP AND USE

1.1 All content on the Website, including text, graphics, logos, button icons, images, and software, is the property of STUPEFYE, LLC and is protected by United States and international copyright laws. Except as otherwise permitted in these Terms, You may only electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with egsupply.co. Any other use of our website, including reproduction and internet links, is strictly prohibited without our prior written permission.

1.2 “Embodied Greatness”,  the egsupply.co domain name, the logos, graphics and button icons used on our site and all graphics and designs shown or displayed in our merchandise including the “Embodied Greatness designs and Pleasure tickets designs are trademarks and of Embodied Greatness Supply  used under license by STUPEFYE, LLC. Your use of our Website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. You acknowledge and agree that the trademark, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content belonging to a third party, the owner of such material or content.

1.3 We grant you the limited right to access and make use of the Website as our user. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our trademarks; d) engage in any activity that interferes with the Website or another user’s ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms.

1.4 You may not use, copy, distribute, or exploit any of the Site Content in any manner without our prior written permission or as otherwise permitted by these Terms

2. INFRINGEMENT NOTICE

2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email at the following address: info@egsupply.co.

2.2 In order for us to more effectively assist you, any notification received concerning alleged infringement of intellectual property rights or confidential or proprietary information must include all of the following:

  1. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
  2. A description of the copyrighted work or other right you claim has been infringed or violated;
  3. Information reasonably sufficient to locate the material in question on the Website;
  4. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

3. ERRORS AND INACCURACIES

3.1 We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

3.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Website.

3.3 The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Sites is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and We cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Sites. For example, products or services included on a Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on a Site with respect to products or services, We reserve the right to cancel any orders (or partial orders) for such products or services.

3.4 IF YOU BELIEVE THAT A PRODUCT PURCHASED BY YOU OR OTHERWISE OFFERED BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO US FOR A REFUND.

4. CHANGES TO WEBSITE OR THESE TERMS OF USE

4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

4.2 We may alter these Terms of Use from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you should immediately sxf using the Website.

4.3 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

5. EXTERNAL SITES AND RESOURCES

egsupply.co uses secure processing called SSL (Secure Sockets Layer) Encryption Technology, which is a protocol developed for the transmission of private information over the internet. SSL uses a private key to encrypt your data, including your credit card information, so that it cannot be read while being transferred over the internet.

We are not responsible for the terms of use, or availability, of any websites owned or controlled by third-parties that directed you or linked to the Website. Similarly, we are not responsible for the terms or content of any third-party website to which we may direct or link you. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third-party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

6. ORDERS, PRICE AND RESALE

6.1 You may purchase products only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation and in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged.

6.2 Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

6.3 DUTIES AND TAXES FOR ORDERS SHIPPED WITHIN THE UNITED STATES, CANADA OR MEXICO. In accordance with NAFTA, orders placed by and shipping to residents of the NAFTA countries ( the United States, Canada, or Mexico) are exempt from paying customs duties on any merchandise made in any of the NAFTA countries. Applicable HST or Provincial Sales Tax is charged to those orders shipped within Canada. All customers in the United States and Mexico are responsible for any Sales Tax based on the shipping destination.

6.4 DUTIES AND TAXES FOR INTERNATIONAL ORDERS (OUTSIDE OF NORTH AMERICA). Shipping and handling charges for overseas orders are based on the destination country and the merchandise you order. Please note: the prices we quote do not include any import/customs duties and tax charges applicable to your order.

6.5 WE ARE NOT RESPONSIBLE FOR ANY CUSTOMS AND/OR DUTIES & TAXES APPLIED TO YOUR ORDER. You are personally responsible for paying these fees upon receipt or delivery of the order. A general guideline to follow when estimating these fees should be to calculate 20% of the total dollar amount of the items ordered. However, this is just a guideline as the actual fees will vary based on the country you are in. You should check with your local Customs Department for more detailed information on how to estimate these additional charges.

6.6 SHIPPING. See the chart below for estimated prices and delivery times. Please allow up to 5 additional business days on top of delivery times for order processing and verification. Note that select merchandise may have a higher shipping cost. These costs will be specified on the product page.

Region

Rate

Estimated Delivery Time

USA

$15 USD

5-10 Business Days

Rest of World

$35 USD

7-14 Business Days

The delivery times are only estimates and orders may experience delays during periods of high traffic. Please check back with us periodically for any updates regarding our shipping policies.

NOTE: that we do not ship to P.O. Boxes.

7. ONLINE SERVICES

7.1 The Website may contain various interactive portions, such as a place for consumer reviews, user forums, message boards or other types of interactive features that allow users to post content on our Website ("Online Services"). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

7.2 If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to info@egsupply.co. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.

7.3 By using this Website, you agree that:

  1. You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
  2. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
  3. You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.
  4. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

7.4 User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other Users in return.

7.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

7.6 If you submit any User Content to this Website, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.

7.7 If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

7.8 This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Website.

8. SALES, SHIPPING, AND RETURNS

8.1 For a multiple product orders, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may, in our sole discretion, be applied to the first product(s) shipped on a multiple shipment order.

8.2 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

8.3 We will ship your order as it becomes available. Usually, products ship the same day if ordered by the close of business in our time zone, or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. We will attempt keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability

8.3 We will gladly accept the return of products that are defective, in our discretion, due to defects in manufacturing and/or workmanship for thirty (30) days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return thirty (30) days from the date of purchase. We may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour.

8.4 We shall automatically charge and withhold the applicable sales taxes. All sales are final. No refunds or exchanges will be permitted.

8.5 Our Return Policy is hereby incorporated by reference.

9. DISCLAIMERS

9.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

9.2 WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

9.3 AS SET FORTH IN THE WEBSITE PRIVACY POLICY YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU. As further set forth in paragraph 16 below, the provisions of our Privacy Policy are hereby incorporated into this document by reference and such terms of the Privacy Policy shall be considered a part of this document and shall, likewise with this document, govern the relationship between you and us.

10. LIMITATIONS ON LIABILITY

NEITHER WE NOR OUR PROVIDERS, VENDORS, DISTRIBUTORS OR CONTRACTORS SHALL BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

Under no circumstances, including, but not limited to negligence, shall we or our providers, vendors, distributors or contractors be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any email or links sent to you by us. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits , lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site, even if advised of the possibility of such damages.

11. INDEMNIFICATION

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

12. MANDATORY ARBITRATION PROVISION FOR RESOLUTION OF CLAIMS OR DISPUTES.

12.1 By visiting the Website, you agree that, except as otherwise specified herein, the laws of the State of California, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of our website.

12.2 Informal Process First: Both you and we agree that in the event of any dispute between us, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. All Notices to us shall be sent to the following address: info@egsupply.co. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved within thirty days of receipt of the written notice, the party raising the dispute may proceed to mandatory arbitration as set forth below.

12.3 Mandatory Arbitration of Disputes: If the informal process described in paragraph 12.2 does not fully resolve a dispute, then ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:

  1. Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York City.
  2. Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
  3. Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
  4. Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
  5. Costs and Fees. You will be subject to a $250 filing fee to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, and we will remain responsible for our share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
  6. Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
  7. Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

12.4 Class-Action Waiver: Both you and we expressly waive any ability to maintain any class action proceedings in any forum. Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

13. INVESTIGATIONS OF VIOLATIONS OF THESE TERMS

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

14. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

15. NOTICE FOR NEW JERSEY USERS

Paragraph 16.1 of these Terms of Use does not apply to New Jersey residents or New Jersey transactions.

Paragraph 10 of these Terms of Use is modified as follows for New Jersey residents or New Jersey transactions.

THE LIMITATION OF LIABILITY CONTAINED IN THESE TERMS & CONDITIONS DOES NOT APPLY TO DAMAGES ARISING OUT OF OUR NEGLIGENCE OR WILLFUL MISCONDUCT OR ANY OTHER CAUSE OF ACTION ARISING FROM OUR ACTS BUT DOES APPLIES TO THE ACTS OR OMISSION OF OTHERS. OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY CIRCUMSTANCES WILL NOT EXCEED $1,000.00 OR YOUR ACTUAL, OUT-OF-POCKET COSTS AND DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AS STATED IN THESE TERMS AND CONDITIONS.

16. MISCELLANEOUS

16.1 If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

16.2 You acknowledge that the Privacy Policy, these Terms of Use, as well as any other terms or policies stated on our Website are part of the overall terms governing your use of the Website and that using our Website signifies your consent to all of the foregoing. You also agree that by using this Website, you are subject to all applicable laws, and that the Website’s use is undertaken at your own risk. We reserve the right to change these Terms of Use at any time, without advance notice. If we decide to change our Terms of Use, we will post those changes on this page.

16.3 These Terms of Use, our Privacy Policy, our Return Policyand any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.

16.4 You may send us notices or communicate with us by email at cs@egsupply.co If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email

DATE LAST MODIFIED: 03/12/2020