Absolute Board Co. Inc., together with its subsidiaries, successors, and affiliates (“Company” or “we”), provides you with use of this site subject to the policies, terms and conditions set forth below (the “Terms”). Please read them carefully.  By accessing, browsing, and using this web site (“Site”), you agree to be bound by the Terms.  If you do not agree (or cannot comply) with these Terms, do not use this Site.

 

Modification of Terms

These Terms shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by the Company. The Company reserves the right to modify these Terms at any time. If the Terms are modified, the Company will post the revised Terms on the Site with a notation of the date they were last updated.  Revised versions of the Terms are effective upon the date of posting. Your continued use of the Site following posting of a revised version of the Terms constitutes your acceptance of the revised Terms.

Use of This Site

This website is designed for and intended for use by adults. By using this Site, you certify you are 18 years of age or older, or are using this Site with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this Site, including full responsibility for all financial charges and legal liability he or she may incur.

Submissions

By ordering or registering on www.uppercutdeluxe.com/us you grant us the right to add your contact details to our database. From time-to-time we may contact you about offers and new products. You can easily be removed by unsubscribing via a link and we will remove you from marketing communications.

Truthful and Accurate Information and Agreement to Pay

By using this Site, you agree to provide only truthful and accurate billing and registration information. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

Use of Gift Vouchers

Gift Vouchers can be purchased to the value of the local currency used by the Uppercut Deluxe website, that you made the purchase though. Simply adding this item to your cart and making payment in the same way as ordering any other item.

  1. Once a Gift Voucher(s) has been purchased, the voucher code will be sent to the nominated email address.
  2. To redeem a Gift Vouchers(s), add the items you wish to purchase to the cart. At checkout you will have the opportunity to enter the Gift Voucher code and the balance of the Gift Voucher will be deducted accordingly.
  3. You may redeem multiple Gift Vouchers in one transaction, simply enter the Gift Voucher Code and click add. Then enter the second Gift Voucher Code and click add.
  4. Once redeemed in full, Gift Vouchers are no longer valid.
  5. When purchasing items that exceed the value of the Gift Voucher, any amounts still owing after the gift voucher(s) has been redeemed will be due for payment using the available payment options.
  6. When purchasing items less than the value of the Gift Voucher, the residual balance will remain on the Gift Voucher for future purchases up to the date the Gift Voucher expires, if permitted by the relevant laws.
  7. Orders will not be shipped until all amounts have been paid in full.
  8. If permitted under the relevant laws, the Gift Voucher shall expire and terminate if not redeemed within 1 year from the date of purchase.
  9. Gift Vouchers are for the value purchased only and further funds cannot be added. An additional Gift Voucher would need to bought in this case.
  10. Gift Voucher are only valid for use on http://www.uppercutdeluxe.com/us/ and cannot be used in other stores.
  11. Customers must contact our customer care team within 7 days from the date of purchase to cancel their order and a refund will be processed. Cancellations outside of this timeframe are not permitted. All exceptions will be at Absolute Board Co's Inc's absolute discretion.
  12. Further Terms and Conditions may be listed on the Gift Voucher itself so we recommend you check these details carefully, as upon purchase you are agreeing to all these terms and conditions.

Right to Cancel and Pricing

The Company reserves the right to refuse or cancel any order for any reason, whether or not the order has been confirmed and payment has been tendered.  In the event of a cancellation, all received monies will be refunded using the method received.

Subject to applicable law, the Company reserves the right to change the goods and services offered for sale through this Site, and any sales or promotional offers related thereto without any notice or liability to you or any other person.  The prices of products and services offered for sale through this Site are subject to change without notice.

If we are legally required to collect sales tax on merchandise which you order, the tax will be added to your purchase price.  If an error in a sales tax charge occurs, your exclusive remedy shall be a right to refund of any tax overcharge.

There may also be duties and taxes added to your package by a destination country. You are responsible for these upon delivery and such taxes and duties are not included in your order total. All credit cards are charged in U.S. Dollars (“USD”). Non-USD currency figures are all approximations based on an exchange rate.

Typographical Errors

 In the event a product is listed at an incorrect price or with incorrect information due to typographical error, the Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

Quantity Limits and Prohibition of Purchases to Resell

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. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason, or without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.  

This Site is intended for the sale of merchandise to end user customers only.  The Company does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered on this Site.  Any purchase from this Site with the intent to resell shall be a breach of these Terms.

Limitation of Liability

The Company shall not be liable for any losses or damages caused by this Site or any website linked to or from this Site.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID THE COMPANY, WHICHEVER IS LESS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Colors

The Company has taken steps to accurately display the colors of products sold through the Site.  However, the actual colors you see will depend on your monitor.   The Company does not guarantee the accurate display of any color on your monitor.

Limited Warranties and Disclaimer

Uppercut Deluxe products are guaranteed against material defects in materials and workmanship for a period of 120 days from the date of purchase. This means Uppercut Deluxe will replace, at our discretion, any Uppercut Deluxe product that is defective.  Repair, replacement, or refund at the discretion of the Company shall be your sole and exclusive remedy for a breach of this warranty. For more details, view our Returns and Refunds Policy 

The above warranty against defects does not cover exposure to heat, sun or cold. Neither the Company nor its manufacturer shall be liable for any injury, death, loss or damage, direct or consequential arising out of the use or inability to use this product. Before use, you must determine the relevant product for your needs and you agree to assume all risk and liability whatsoever in connection therewith.

THIS SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

WITHOUT LIMITING THE FOREGOING, THE COMPANY FURTHER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE EXCEPT THOSE LISTED ABOVE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, YOUR USE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

License

The Company grants you a limited license for personal use only of the Site. Such grant does not include, without limitation, any resale or commercial use of the Site, modification or reverse engineering of the Site, copying or transmitting any Site Materials (including the Company’s trademarks) in any form or by any means, collection and use of product listings or descriptions, or use of data mining or gathering tools on the Site.

You may not use any meta tags or any other “hidden text” using the Company’s name, trademark, or product name without our express written consent. “Site Materials” means all materials on the Site, including, without limitation, trademarks, design, product descriptions, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.

We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site.

Intellectual Property

This Site is owned and operated by Absolute Board Co Inc. unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Absolute Board Co Inc. All software used on the Site is the sole property of Absolute Board Co Inc. or those supplying the software. You may use the content of this site only for the purpose of shopping or placing an order on this Site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Absolute Board Co Inc.'s prior written permission.  All rights not expressly granted herein are reserved.

Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Indemnification

You agree to defend, indemnify and hold harmless Absolute Board Co Inc. from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms.

Hyperlinks

This site may contain links to other sites on the Internet that are owned and operated by third parties.  You acknowledge the Company is not responsible for the operation of or content located on or through any such site.

Jurisdiction, Venue and Applicable Law

These Terms shall be governed by, and construed and enforced in accordance with the laws of the State of California, United States of America, without regard to principles of conflicts of law.  You consent to the jurisdiction of and agree venue shall be proper for all purposes in the State of California, County of San Diego.

Severability

If one or more provisions of these Terms are held to be unenforceable under applicable law, such provision shall be excluded from these Terms and the balance of the Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

Customer Ratings and Reviews Terms of Use

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Uppercut Deluxe (the "CRR Service"). To the extent of any conflict between Uppercut Deluxe's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to Uppercut Deluxe, you represent and warrant that:

  1. You are the sole author and owner of the intellectual property rights thereto;
  2. All "moral rights" that you may have in such content have been voluntarily waived by you;
  3. All content that you post is accurate;
  4. You are at least 18 years old;
  5. Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  1. That is known by you to be false, inaccurate or misleading;
  2. That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  4. That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  5. For which you were compensated or granted any consideration by any third party;
  6. That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  7. That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Uppercut Deluxe (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Uppercut Deluxe a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Uppercut Deluxe's sole discretion. Uppercut Deluxe reserves the right to change, condense or delete any content on Uppercut Deluxe's website that Uppercut Deluxe deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Uppercut Deluxe does not guarantee that you will have any recourse through Uppercut Deluxe to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Uppercut Deluxe reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Uppercut Deluxe, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Uppercut Deluxe, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Uppercut Deluxe and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Date Terms Last Updated

These Terms were last updated on February 8, 2016. Please check our Terms periodically for changes.

Contact

Email: Email us here

Address: Suite 102, 4040 Calle Platino

Oceanside, California, USA, 92056

Telephone: Telephone customer service on 855-PENNY-CS (736-6927)

Written by: AbsoluteBoardCo Inc. Company Registration Number 335 4073