Terms of Service

OVERVIEW

THESE TERMS AND CONDITIONS CONTAIN A MEDIATION AND BINDING ARBITRATION CLAUSE THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.

This website (the “Site”) is operated by Sapience Group LLC (the “Company”) with address at 78 John Miller Way, Kearny, New Jersey 07032 and email address hello@myzappify.com. Throughout the Site, the terms “we”, “us” and “our” refer to the Company. The Company offers this Site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices are exclusive of any tax and shipping costs which shall all be for your account. You hereby authorize us to charge the tax amount due and shipping costs to the credit card that you have on file or to collect the same via the same payment method used for your order.

Prices do not include any applicable local taxes such as sales tax, import tax, GST, HST or VAT. If due and collectible, these are your sole responsibility and we shall have the option to charge these on top of our prices and may be collected by the Company at any time. In the event of any assessment by any agency, you are solely responsible to pay such tax.

Prices do not include any shipping costs. Shipping costs as stated or real shipping costs whichever are higher are always due and payable by the customer unless FREE shipping is expressly given in a special promotion. Shipping is always your responsibility and you bear all risk of loss. All shipping costs are non-refundable unless otherwise provided by applicable law.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

We are currently selling the following products in this web address: https://www.myzappify.com

Prices are exclusive of any tax and shipping costs which shall all be for your account.

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only in accordance with Section 23 herein.

Occasionally products will be made available for purchase on a pre-order basis. This may occur when a product is currently not in stock. If a product is not currently in stock, we offer you the opportunity to place your pre-order to secure delivery when the product is back in stock. You will be charged the full price of the products at the time of placing your pre-order. Upon securing your purchase via pre-order, you acknowledge that such products are not available for immediate delivery, but will be shipped as soon the product is back in stock. The checkout form and order confirmation will indicate clearly if a product is available on a pre-order basis, and will state the estimated delivery date.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

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 any time 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 do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Convenience Levy

Your purchase is subject to our terms regarding the Convenience Levy ("CL") applicable to all online transactions conducted through the Site as set out below. By using our online services and purchasing our products, you agree to be bound by these terms.

The CL is implemented to cover the costs associated with online transaction processing when you purchase our products on the Site. This includes, but is not limited to, expenses related to:

(i) Payment Processing Fees: Charges levied by credit card companies and payment gateways from the Company for processing electronic transactions via credit cards. These fees cover the expenses associated with handling credit card payments, such as interchange fees and assessment charges;

(ii) Fraud Prevention Costs: Expenses related to securing the online transactions on the Site against fraudulent activities;

(iii) Security and Compliance Costs: Expenses related to maintaining compliance with security standards such as PCI DSS, as well as costs for regular security audits and monitoring to protect customer data;

(iv) Technology Infrastructure Costs: Costs associated with maintaining and upgrading the technology infrastructure that supports online transactions, including servers, software, and other IT resources;

(v) Customer Support Costs: Expenses for providing customer support services to handle inquiries, disputes, and other issues related to online transactions;

(vi) Credit Card Chargebacks: Costs incurred from handling disputes and chargebacks for transactions on the Site;

(vii) Administrative Costs: General administrative expenses related to the management and oversight of online transactions, including staffing and office resources;

(viii) Shipping and Handling Costs: If applicable, expenses related to the logistics of shipping products to customers, including packaging, shipping fees, and handling charges;

(ix) Marketing and Advertising Costs: Expenses for marketing and promoting online services and products to attract and retain customers;

(x) Returned Product Costs: Expenses associated with processing returns and refunds of products purchased from the Site;

(xi) Tax and Regulatory Compliance Costs: Costs associated with complying with various tax regulations and other legal requirements related to online sales.

The aforementioned amounts are calculated in good faith and used to cover the additional costs incurred by the Company in providing secure, efficient, and fast online services.

A non-refundable CL of between $4.99 to $9.99 will be applied to all purchases made through the Site.

The Company reserves the right to modify or change the terms of the CL at any time. Such changes will be effective immediately upon posting the revised terms on the Site. Your continued use of our online services following any such changes constitutes your acceptance of the new terms.

If you have any questions regarding the CL, please contact our customer service team at hello@myzappify.com.

SECTION 6 - SHIPPING

Your purchase is subject to our shipping terms located at this web address: https://www.myzappify.com

GENERAL INFORMATION

To ensure that your order(s) are properly delivered, please make sure that your address is correctly entered and includes all relevant and/or required information. The use of correct abbreviations, street numbers, building or apartment numbers, and route information (if applicable) is critical for ensuring timely delivery. We do not take responsibility for lost, misplaced, or incorrectly delivered shipments if the address information provided is incorrect or incorrectly entered at the time of purchase.

FEES/CHARGES/TAXES

Shipping fees and associated costs (Shipping Charges), and risks are the sole responsibility of the customer and are all for your account. You may be charged USD/EUR/GBP 8.95 for Shipping Charges but actual Shipping Charges may be higher depending on your location and other factors. Shipping Charges for your order will be calculated and displayed at checkout. We also offer Free Shipping on certain promotional offers, which will be clearly and expressly indicated during the checkout process. All shipping costs are non-refundable unless otherwise provided by applicable law.

We are not responsible for any customs clearance charges, duties, or taxes applied to your order. All fees imposed during or after shipping are for your sole responsibility (e.g., tariffs, taxes, VAT, etc.). If any clearance charges, duties, or taxes remain due and collectible, you hereby authorize us to charge the amount due to the credit card that you have on file or to collect the same via the same payment method used for your order. We are not liable for any products damaged or lost during shipping and delivery. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.

SHIPPING

We ship available items out as soon as possible, but this will not always be the same day as your order. All orders are subject to processing time that is separate and apart from the time it takes for a shipment to reach its destination once it has been picked up from our fulfillment center by the applicable carrier. Depending on a number of factors, standard domestic and international orders may take up to 3-7 business days (excluding Saturdays, Sundays, and Holidays) to process.

Generally, shipping may take three (3) business days to forty (40) business days from receipt of your properly completed order (excluding applicable processing time). Shipping of International order(s) and those for other U.S. Territories may take longer. In all cases, shipping dates may be extended, such as, when there is a surge in delivery volume especially during peak seasons or when due to unforeseen factors outside of our control (e.g., local delivery partners delays, strikes, unusual weather, pandemic-related delays, etc.). Thus, while we try to ship out your order on time, due to unforeseen circumstances, it is possible that actual delivery by our local delivery partners may take longer than expected. When your order has been shipped, you will receive an email with tracking information. We will provide tracking numbers for all purchases upon shipment.

SHIPPING DELAY NOTICE (FOR US RESIDENTS)

If we are unable to ship out your order(s) within 40 days from receipt of your properly completed order (excluding applicable processing time), we will reach out to you via a Delay Notice to inform you of the unanticipated delay and a revised shipment date of up to 30 days (“Original Extended Period”). Upon receipt of the Delay Notice, you may a) Agree to the delay, by confirming your consent or by not acting on the Notice; or b) Cancel your order, by notifying us through email, phone call, or timely written notice, before we ship your order.

FURTHER SHIPPING DELAY NOTICE (US RESIDENTS ONLY)

If we are still unable to ship out your order(s) within the aforesaid Original Extended Period, we will reach out to you via a Further Delay Notice before the end of the said Original Extended Period to inform you of the further delay and a renewed revised shipment date of up to 30 days from the expiration of the Original Extended Period (Second Extended Period). Upon receipt of the Further Delay Notice, you may agree to the delay, by notifying us through email, phone call, or timely written notice. If we do not hear from you and we have not shipped by the Original Extended Period, your order is automatically cancelled.

REFUND (US RESIDENTS ONLY)

In all cases of cancellation due to delay in shipping as stated above, you will receive a refund.

DELIVERY

Excluding products which are pre-ordered, the estimated delivery time is sixty (60) business days and delivery delays can occasionally occur. Products which are pre-ordered will clearly display the estimated delivery date on the checkout form and order confirmation page.

Pre-ordered products will be delivered to you on or around the estimated date specified in the Checkout page. Although we will make efforts to begin shipping products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of shipment or delivery is only an estimate and is subject to change. Delivery time is only a general estimate from our local delivery partners, over which we have no control and can be delayed by unforeseen circumstances. We do not represent or warrant that we will be able to ship or our local delivery partner will be able to deliver the product by the estimated date. As a result, in the event that a delay arises and the estimated shipment or delivery date is not met, we are not responsible for any damages that may occur due to the delay, nor shall we be obligated, except as set forth in these Terms or except as provided by law, to provide any discounts, refunds or credits due to any such delays. We will provide you updates with respect to such shipment or delivery schedules.

DELIVERY CLAIMS

Unless otherwise provided herein or covered by our Pre-Order Policy, please reach out to our customer support team at: hello@myzappify.com if you have not received the item within sixty (60) business days from order date to file a claim. We reserve the right and discretion to reject claims after that time frame. Although risk of loss and title for such items pass to you upon our delivery to the shipper, we will assist all timely filed claims, by:

Opening an investigation with our shipper which may take 7-10 days to complete;

If you received your order damaged, or it was lost during shipping, please reach out to our customer support team at: hello@myzappify.com for immediate assistance. For damaged Order(s), please provide all packaging materials and damaged goods when filing a claim in compliance with Section 23 below, photos taken with your mobile phone that show the extent of the damage may be considered sufficient proof of claim, at our sole discretion.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place 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 we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number 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 through this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Upon completion of your order, we assume your address to be verified, correct and double checked. However, if it is discovered that you provided an incorrect or incomplete shipping address, we will endeavor to contact you within 24-48 hours of purchase via email or phone to verify the address you provided or to request a new address to which your orders can be delivered. If within seven (7) days after our initial attempt to contact you, we are unable to communicate with you or if you fail to provide us with a complete valid address for delivery, we shall store your orders and await further instructions from you.

Under no circumstance will we be liable for any cost, loss, depreciation, or damage, arising from delay in delivery or non-delivery due to the incorrect or incomplete shipping address details provided by you.

For more details, please review our Returns and Exchange Policy.

SECTION 8 - THIRD-PARTY LINKS

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 services or 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.

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 to 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.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) 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'), 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) 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 computer virus 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.

SECTION 10- INTELLECTUAL PROPERTY

The Site contains content owned or licensed by Company (the "Content"). The Content is protected by copyright, trademark, patent, trade secret and other laws and Company owns and retains all rights in the Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

The Company name and logo are trademarks of Company, and may not be copied, imitated or used, in whole or in part, without prior written permission. In addition, all page headers, custom graphics, and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without prior written permission from Company.

SECTION 11- ELECTRONIC COMMUNICATIONS, TELEMARKETING AND TEXT MESSAGES

Telemarketing (if applicable and when legally allowed): Regardless of the fact that your telephone and/or cell number may be listed with the Federal Do-Not-Call Registry or your local State Do-Not-Call list, by providing us your telephone and/or cell number, you are providing express written consent to receive future information (including telemarketing) about products and services from us or our affiliates, and you hereby agree and consent to our contacting you using the information you have provided and will provide to us. This means that within the time limits allowed by law, we may contact you by e-mail, phone and/or cell number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks, or any other means of communication that your wireless or other telecommunications device may be capable of receiving (i.e., video, etc.). You further acknowledge that you are not required to agree directly or indirectly or enter into an agreement regarding our telemarketing efforts as a condition of purchasing any goods or services from us or our affiliates.

By accepting this Agreement and using our Site and Service, or by providing your prior express consent/opt-in in accordance with applicable law, you consent to receive communications from us electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.

By providing your mobile phone number to us or our Network or where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”) or any applicable law, you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology and text and SMS messages to the telephone number(s) that you provided from us listed in and hyperlinked to the consent. Message Frequency Varies. The mobile carriers are not liable for delayed or undelivered Messages. Consumers may request up to a maximum of twenty (20) messages per month, with no more than three (3) text messages in one day. Your express consent to receive telephone calls and SMS messages is not a condition of purchasing and availing our products and services.

You understand that the text messages we send may be seen by anyone with access to your phone. Accordingly, you should take steps to safeguard your phone and your text messages if you want them to remain private.

If you wish to stop receiving text messages from us, reply to any text message we have sent you and simply text “STOP”, “END” or “QUIT”. You may also request to stop receiving text messages by calling us or emailing us using the following information: hello@myzappify.com

By email: support@monostarscope.com.
By Phone
United States & Canada: 855 7920 194

If at any time you need our contact information or information on how to stop text messages, reply to any text message we have sent you and simply text HELP or click here for support. Message and Data Rates May Apply to any text/SMS communication.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. For more detail, please review our privacy policy.

We may also use your personal information, specifically your first name, in pop-ups displayed on our websites, to show that you have recently purchased products or services from us.

SECTION 13 - 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.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

PROHIBITION ON RESALE

You may purchase products on the site only for personal use and not for resale. By placing your order, you agree that you are purchasing products:

WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.

You further agree that, in no event, will you resell any product purchased on any online marketplace, including but not limited to Amazon, Ebay, Wish, Walmart or all other similar online marketplace.

○ An inventory of products in stock;

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our site or service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the site or service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Company, our 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.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event 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.

SECTION 18 - TERMINATION

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. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

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).

SECTION 19 - ENTIRE 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).

SECTION 20 - GOVERNING LAW: NEW JERSEY

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 the province of New Jersey and you consent to the exclusive jurisdiction of the courts of New Jersey.

If you have a complaint, please contact us via hello@myzappify.com. If you feel your complaint is not adequately addressed, you agree to first refer the dispute to mediation in accordance with the governing law as set forth in this Section before resorting to arbitration. If the dispute has not been settled by mediation, such dispute shall thereafter be finally settled by arbitration also in accordance with the governing law as set forth in this Section, rather than in court. You agree to share equally with us in the costs of the mediation and/or arbitration.

You may opt out of this agreement to mediate and arbitrate. If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding. To opt out, you must notify the Company in writing via hello@myzappify.com within thirty (30) days of the date that you first became subject to this mediation and arbitration provision.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CANCELLATIONS

Unless otherwise provided herein or covered by our Pre-Order Policy, we try to ship your product out as fast as possible once you have placed your order. Shipment means sending your order to fulfillment to be processed by our warehouse staff. Orders can only be cancelled if they haven’t been shipped. Cancellations can only be processed for a short period of time after your order has been submitted. If you’d like to cancel your order prior to shipment, please reach out to our customer service team. Pre-orders can be cancelled any time prior to shipment. If your order cannot be cancelled, you may qualify to return and refund your order under our Returns Policy.

In some cases, to the extent allowed by law, your approved cancellation or return resulting in a refund shall be subject to a cancellation fee charge for the cancellation of an order or return of the product to the warehouse. The cancellation fee shall be deducted from your refund.

This Section does not apply to our Mystery Haul Sales which are final and not subject to cancellation.

SECTION 23 - RETURNS AND EXCHANGE POLICY

Our Return Policy lasts 30 days and it takes effect from the time you receive your purchase. If more than 30 days have gone by since delivery of your purchase, unfortunately we can’t offer you a refund, exchange, or price equivalent in store credit.

For Returnable Items (not covered by Non-Returnable Items section below), assuming you return your purchase within 30 days from receipt, to be eligible for a return:

Non-returnable items:

For reasons of health protection, sanitary and hygiene, unless they are faulty, we cannot offer refunds on specific products such as earbuds and insoles unless they are returned within 30 days from the time you received your purchase, new, unused/unworn, and intact in their original packaging. Due to health protection or hygiene reasons, return of such product is not suitable after it has been unsealed or the packaging opened because resale or reuse of our product is impossible.

To ensure the quick processing of your return please confirm the return facility address with our customer service at hello@myzappify.com and provide us with the tracking number. All products must be returned to the return facility address confirmed by our customer service agent, otherwise we may reject your return. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. Return will be processed within 30 days upon receipt of the returned item at the returns facility. Once the return has been processed, we will also notify you of the approval or rejection of your return.

Approved returns may be refunded, exchanged or issued store credit equivalent to the purchase price. If you need to exchange your purchase for the same item or you want to request for a refund or store credit, send us an email at hello@myzappify.com. Approved refund will be issued to the same payment method used for the order. For orders made by credit card, the amount to be refunded will be visible on the next bank statement of the card. The time of processing may vary depending on the issuing company of the credit card, this time generally takes up to 45 working days. Refund of orders made by bank transfer will be completed on the original bank account within 48 hours from issuance of credit note and only after receiving the bank details from customers. Refund is made on the same currency of the original order. Possible difference in the refunded amount may depend on variations of the currency exchange rate and will not be refunded. We prioritize and endeavor to refund via your original form of payment. However, if we are unable to issue a refund due to unavoidable exceptional circumstances, we will issue store credit.

If you are a customer in the European Union (EU), European Economic Area (EEA), and the United Kingdom (UK), we are obligated as a merchant to inform you of the EU/EEA/UK right of withdrawal under the Consumer Rights Directive, which are below.

If you have your habitual residence within a Member State of the European Union, of the European Economic Area, or in the UK and are purchasing from us as a consumer (i.e., for purposes which are outside your trade, business, craft or profession), you have the right to withdraw from your purchase of physical goods within a period of 14 days from delivery, and to return your purchase in exchange for a refund.

If you are a customer in the EU/EEA/UK, and you prefer a refund and your request has been approved for being compliant with our Return Policy requirements, you must return such item to us and we must receive it before the expiration of the 14th day from you notifying us that you would like to withdraw from the sale or before the expiration of the 30th day from your receipt of the order, whichever comes later. Once approved and provided we receive the returned item before the expiration of said 14th day, we shall reimburse all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days of notifying us that you would like to cancel your order, subject to refund processing periods provided in the previous section. For faulty or defective goods, or for orders withdrawn within the first 14 days of the return period and approved and provided we receive the returned item before the expiration of said 14th day (when applicable), we shall reimburse all payments received from you, including the costs of delivery, to the same payment method used for the order, without undue delay and in any event not later than 14 days of notifying us that you would like to withdraw your order, subject to refund processing periods provided in the previous section.

Please be informed that we are based outside of the EU/EEA/UK and follow best practices that may vary from the provisions of the Consumer Rights Directive in light of the global pandemic and supply chain issues.

SHIPPING RETURNS

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable unless otherwise provided by applicable law.

For replacements, all related shipping and handling fees will be for your account. Depending on where you live and other factors, there will be a shipping and handling fee of US$10 per item or higher and the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over US$75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Please note, however, that subject to certain requirements, should you choose the Paypal payment option, Paypal offers a return shipping fee refund to its members in selected countries. To find out if you qualify for a return shipping refund from PayPal, activate your Refunded Returns Service with PayPal at this link: https://www.paypal.com/ie/webapps/mpp/refunded-returns

Please note that the PayPal’s Refunded Returns service may differ by country. You can review the general conditions of use at the link above or contact PayPal for more information. Be informed that the PayPal Refunded Returns Service is available only through the PayPal website and that the Company bears no responsibility for PayPal’s Refunded Returns Service, conditions of use or any changes or updates thereto.

Paypal’s Refunded Returns Service is subject to our Returns and Exchange Policy under Sec. 23.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@myzappify.com