Pre-Order Terms & Conditions
These Pre-Order Terms and Conditions (“Terms”) on our website (www.everybodywater.com) (the “Website”) govern the placing of pre-orders ("Pre-Order") with Everybody Water LLC (“we”, “ us”, or “Everybody Water”) for our products ("Products"). Please read these Terms carefully before submitting your Pre-Order of any Everybody Water Products. By submitting your Pre-Order, you agree to be legally bound by these terms. The purchase of the Products is subject to additional terms and conditions provided by Everybody Water. The current Terms are subject to change without notice. Your purchase of the Product will be subject to these Terms, and any amendments thereto.
1. PRE-ORDER RESERVATION
When placing a Pre-Order for Everybody Water Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Everybody Water shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your Product being shipped by sending an e-mail to firstname.lastname@example.org. Everybody Water may, with notice to you within 4 weeks of its receipt of your Pre-Order, decline or delay the Pre-Order to avoid oversubscription or for any reason as it deems appropriate. Upon such notice, you will be entitled to a full refund of the purchase Price.
You will be charged the full price of the Products and all applicable shipping fees at the time of placing the Pre-Order. If Everybody Water is unable to commence shipping of the Products on or before 4 weeks of your placing the Pre-Order, Everybody Water shall process a full refund to you.
Everybody Water will produce Products according to the order in which the Pre-Order is received. If you cancel or forfeit your reservation in accordance with these Terms, your position will be taken by the next person on the Product Pre-Order list.
4. DELIVERY SCHEDULE
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Everybody Water (Everybody Water) does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the Product is not met, Everybody Water shall not be responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.
The Pre-Order purchase price ("Price") does not include taxes and other government charges, which shall be paid by you separately. If the Price is reduced after you have pre-ordered, we will refund you the difference. To claim a refund for the difference, email us at email@example.com. If the Price increases after your Pre-Order, you shall be billed at the lower Pre-Order Price. The Pre-Order Price is valid from the moment you place the Pre-Order up to 14 days after you receive the item.
We may cancel the Pre-Order for any reason at any time. You may cancel the Pre-Order for any reason no later than December 3rd, 2019. If you cancel the Pre-Order prior, we will refund the purchase Price, including shipping fees and taxes. However, if you cancel the Pre-Order after December 3rd, 2019, we will not be able to refund you the Purchase Price. If Everybody Water cancels your Pre-Order, you will receive a full refund of the purchase Price including shipping fees and taxes (and you will not pay any processing fee).
You have 7 days from the date you receive your order to return your items. All returned items must be new and unused, with all Everybody Water garment tags still attached, in their original packaging. Returns that are worn, washed, or with makeup stains or otherwise damaged, will not be accepted. Any returns that do not meet our policy will be sent back to you. If these conditions are met, you will receive a refund for the items returned in the original form of payment, minus return shipping charges. Unfortunately, we are unable to refund the initial shipping charge and taxes. Once we process your return, you’ll receive an email confirmation from us. You will be responsible for any questions concerning your returns please contact our customer service team at firstname.lastname@example.org for further assistance.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL EVERYBODY WATER BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THE PRODUCTS AND/OR THIS AGREEMENT. IN THE EVENT EVERYBODY WATER IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS AND/OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PRE-ORDER PRICE.
9. CUSTOMER INFORMATION
10 INTELLECTUAL PROPERTY
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Website (“Our Technology”) and the materials, information and content made available or displayed by us on the Website (collectively, “Our Content”) are: (i) copyrighted by us, our licensors and/or other licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information or restriction. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Website or Services according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products, and the Website constitute trademarks, tradenames, service marks or logos (“Marks”) of Everybody Water. Ownership of all such Marks and the goodwill associated with such Marks remains with us. You are not authorized to copy, modify, create derivative works of or otherwise use Our Content, any Marks, or Our Technology. Any use of third party software provided in connection with the Website or Services will be governed by such third parties’ licenses and not by these Terms.
EVERYBODY WATER (EVERYBODY WATER) DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY EVERYBODY WATER (EVERYBODY WATER) WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 6 ABOVE.
You agree to indemnify, defend and hold harmless Everybody Water, its officers, directors, investors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or Services, your violation of any part of the Terms ,your violation of law, rules or regulations or infringement of any rights of a third party. Everybody Water reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Everybody Water in asserting any available defenses.
13. CHANGES TO THE TERMS
Everybody Water (Everybody Water) reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.