USE OF OUR WEBSITE AND/OR MOBILE APP
You agree that:
1. You may only use the Website and/or Mobile App to make legitimate inquiries or orders.
2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform
the relevant authorities.
4. If you do not give us all of the information that we need, we may not be able to complete your order.
5. You will not attempt to interfere or interfere in any way with the Site’s network, the Mobile App’s network, or our networks, or related network security, or attempt to use the Site’s or
Mobile App’s service to gain unauthorized access to any other computer system.
6. You will not use the Site or Mobile App to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.
7. You will not use the Site or Mobile App to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or
8. By placing an order through the Website or Mobile App, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
4. SERVICE AVAILABILITY
Products offered through the Website and/or the Mobile App are only available for delivery to the fifty (50) states and District of Columbia. At this time we are unable to deliver to hotels, APO addresses, Puerto Rico, and US territories, as well as freight companies.
5. HOW PURCHASE CONTRACTS ARE FORMED
No contract (“Contract”) in respect of the purchase of a product offered on the Site or Mobile App shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the “Authorize Payment” button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched or, if you selected the Pick-up In Store option (where available), by sending you an email and/or text message (if you so authorize at the time of purchase) that the product is available for in-store pickup at the store you designated during the checkout process (collectively, the “Shipment Confirmation”). We will not be bound to supply any other products which
may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation. Notwithstanding the foregoing, your card or other method of payment will not be charged until your order is accepted and shipped. However, it may show a pre-authorization of the funds immediately upon placing the Order.
You acknowledge and agree that we do not make any warranty or guarantee regarding when product(s) will be available for pickup through the Pick-up In Store option. For all purchases made through the Site or the Mobile App, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.
6. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid. If you have chosen the Pick-up In Store option, we reserve the right to subsequently notify you that the product(s) you have ordered are not available for the Pick-up In Store option; in such a case, you willbe required to elect an alternate delivery method.
7. REFUSAL OF ORDER
We reserve the right to withdraw any product from the Website or Mobile App at any time and/orremove or edit any materials or content on the Website or Mobile App. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from the
Website or Mobile App, whether it has been sold or not, removing or editing any materials or contents on the Website or Mobile App or for refusing to process or accept an order after we have sent you theOrder Confirmation.
You may cancel an Order for certain products if the Order is still being processed (and has not gone to the warehouse) to receive a refund to your original form of payment of the price paid. Otherwise, you must return the product(s) in accordance with our Returns policy. The following products in an Order may not be cancelled:Monogrammed and/or Personalized products.
Returns and refunds of Gift Cards shall be governed by the Gift Card Terms, which may be found at:Gift Card Conditions.
Subject to the provisions of Clause 6 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 business days of the date of the Shipment Confirmation. Delivery to Alaska and Hawaii may take up to 20 business days of the Shipment Confirmation.
Reasons for delay could include:
1. Customization of products;
2. Specialized products;
3. Unforeseen circumstances; or
4. Delivery area.
For signature required deliveries (which is generally determined by the carrier), we will after the initial delivery, make two (2) additional attempts to deliver your parcel before initiating a return. For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon receipt of the product(s) at the designated delivery address at the designated delivery address, or upon in-store pickup, as applicable. However, e-/virtual gift cards shall be deemed to “have been delivered” in accordance with the Gift Card Terms pertaining to gift cards which may be found at: Gift Card Conditions and, in any case, on the date of delivery of such e/virtual gift card to the email address indicated by you on the order form. For all other packages, we will try to find a safe secure place to leave your parcel as determined by the carrier delivering the package. In the event of a repeated issue with any particular address provided for you, we reserve the right to request an alternate address in order to fulfill your next Order.
IF YOU CHOOSE THE PICK-UP IN STORE OPTION, YOU WILL BE REQUIRED TO SHOW A GOVERNMENT ISSUED IDENTIFICATION. In order to pick up orders placed through the Pick-up In Store option, you (or a third party designated by you) must provide the order number found on the electronic purchase receipt, together with the purchaser’s name and one form of government issued identification. If someone other than you picks up your order, we will record their name for confirming delivery purposes. You acknowledge and agree that the Pick-up In Store option is only available at participating locations, which locations are subject to change without notice. You further agree that the Website’s or Mobile App’s ordering functionality is intended for off-site use only and is not for use for placing an order from within a Cavange store.
10. UNABLE TO DELIVER
Please note that an Order may be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse as stated above. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your order so that you may contact them directly to track your package. Please note that we are not responsible for lost packages sent to mail forwarding providers. This clause does not apply to e/virtual gift cards, whose delivery shall be governed by the Gift Card Terms pertaining to gifts cards which may be found at: Gift Card Conditions and the gift card conditions provided in clause 9 above.
11. RISK AND TITLE
The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in Clause 9 above), whichever event occurs later in time.
12. PRICE AND PAYMENT
The price of the products shall be the one quoted from time to time on our Website or Mobile App, except where there is an error. While we take care to ensure that all prices quoted on our Website or Mobile App are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund. We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time.
Sales tax is charged (if applicable) according to the shipping address of your order as required by applicable law. Once you have finished shopping on the Website, all the products you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. Payment for orders will be made to Cavange Inc. The amount of the purchase will not be charged to your original payment method until your order has been shipped to the delivery address. By clicking on the “Finalize Order” button, you are confirming that the chosen method of payment is yours or that you are the owner of the gift card or of the merchandise credit card. Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery. If payment is made via PayPal, Apple Pay, gift card or merchandise credit card issued by Cavange Inc., the amount will be charged upon confirmation of your order.
Ordering through electronic devices in store, and making payment for those purchases: If you are placing your order through one of the electronic devices that may be available at certain Cavange online stores in the United States, you must follow the steps of the purchase process that appear on the device, completing or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order. You much choose your payment mandated and whether or not you require a gift receipt (if one is available), before you place the order. Please note that a binding order is placed at the time that you press the relevant “authorize” or “finalize order” button on the device screen, at that point you are then bound to pay for your order once it has been placed.
Payment may be made by Visa, MasterCard, American Express card and any other card accepted at the store. Any legally permissible validation of checks and authorization of your card will apply. You may also be given the option to pay for your order at the till in which case, your payment can be made by
and any of the means of payment available in that store.