Terms of use

Last updated: November 5, 2017

1. General

1.1 We Shop That LLC, operates a website (www.weshopthat.com), hereinafter referred to as the “Site”, providing a personal shopping and delivery fulfillment service, hereinafter referred to as the “Service” or “Services”, for Users wishing to purchase and receive items from the United States.

1.2 Users should read these Terms of Use before using the Site or Services.

1.3 This Agreement contains the Terms of Use for anyone using or accessing the Services provided by the Site. By using or accessing the Services or the Site, which includes all delivery platforms and future versions of the Site, the User accepts and agrees to these Terms of Use and the Privacy Policy. Users under eighteen (18) years of age warrant that they have obtained consent from a parent or guardian who agrees to be bound by these Terms of Use on their behalf.

1.4 Unless Users agree to these Terms of Use or the Privacy Policy, they should not use the Site or Services provided through the Site.

1.5 These Terms of Use apply whenever a User accesses the Site or Services, regardless of how they access the Site or Services.

2. Definitions

Comment(s) means text posted by a User of the Site in the Site’s Comments section.

Content means any and all text, product information, images, audio or video material, and other content, in any medium, provided by We Shop That to the User;

Customer means a person who places an Order using the Site;

Delivery Location means the address provided by the Customer as the location for the delivery of the Order by We Shop That.

Item means all items sourced from a Retailer and ordered by the Customer from the Site.

Item Price means the retail price given by the retailer at the time of purchase.

Order means the Customer’s order for an Item or Items from a selected Retailer, and the Personal Shopper Services made via the Site.

Our, Us, We means We Shop That.

Payment Option(s) means the payment options offered by We Shop That, including debit card, credit card, bank transfer, and PayPal.

Personal Shopper means a person acting as an agent for the Customer and performing Personal Shopper Services in accordance with the Customer’s Order.

Personal Shopper Services means the purchasing of the Order from the Retailer and facilitation of delivery of the Order by a Shipping Agent in accordance with the information provided by the Customer.

Product means the Item being purchased.

Product Price means the Item Price offered by the retailer at the time of purchase.

Retailer(s) means the retail supplier(s) of the Item ordered by the Customer.

Secure Payment Processing Fee means the cost of processing the secure online payment services for fulfilling the Order.

Service(s) means the Site associated services provided by We Shop That to facilitate the fulfilment of the Order. This includes Services currently offered by We Shop That and any services or products offered in the future.

Service Fee means the fee payable to We Shop That by the Customer for the stated Services provided through the Site. This includes any additional services provided by request of the Customer and quoted as a separate Service Fee.

Shipping Agent means the provider selected by the Service to fulfill the Order.

Shipping Fee means the cost provided by the shipping service provider of shipping the Item to the Customer.

The Site means the online delivery platforms for We Shop That Services and includes all devices and delivery methods including websites and mobile applications.

Total Cost means the entire cost of goods and services provided by We Shop That to fulfill the Customer’s order, but does not include any additional Costs which may be imposed by the authorities of the destination country, such as Customs or Duties, to enable release or delivery of the Item.

User means anyone who accesses the Site

WST, means We Shop That, the provider of the Services and owner of the Site.

You, Your or Yourself means the person using or accessing the Site or Services, and includes all Customers.

3. Scope of Services

3.1 We Shop That is not a retailer or reseller of any products; We offer Services which purchase Items on behalf of Customers and facilitate delivery of those Items to the Customer.

3.2. We Shop That provides the Services for the Service(s) Fee.

3.3 The Customer acknowledges and agrees that by placing an Order the Customer is engaging We Shop That to act on behalf of the Customer to perform Personal Shopper Services. We Shop That ceases to act for the Customer upon completion of the Services specific to each Order.

3.4 In facilitating Purchases for Customers, We Shop That is not acting as an agent, affiliate or entity otherwise associated with the Retailer and does not have control over the quality, timing, specifications, legality, failure to provide as advertised, or other features of the Item.

3.5 We Shop That may hold memberships with Retailers or be registered with Retailers to receive services, discounts, or information offered by those Retailers, and may enter into partnership arrangements with Retailers to benefit its Users, but is not a paid agent or affiliate of any Retailer.

3.6 The Customer agrees to provide all information and materials as may reasonably be required by We Shop That to provide the Services. We Shop That has the right to refuse Services to any Customer if the Customer fails to provide the information and materials required by We Shop That to fulfil the Order.

3.7 The Customer agrees to pay the Total Cost of Items, Shipping Fee, Service Fee, and Secure Payment Processing Fee before We Shop That commences fulfilment of the Order.

3.8 We Shop That may refuse to process an Order for any reason or refuse to provide Services at any time at Our sole discretion, in which case We will refund any amount owing to the Customer for Services not supplied. We Shop That is not liable to the User, Customer, or any third party because of such refusal or the cancelation of any transaction after processing of an Order has commenced.

3.9 The Services Fee is charged for facilitating the purchase and shipping of a single Item; additional Items purchased by the Customer from the same Retailer are subject to a reduced Services Fee; additional Items purchased from a different Retailer are charged the full Services Fee.

3.10 We Shop That reserves the right to offer Services to the Customer at a Services Fee higher or lower depending on the specific Customer request for Services, and considering any special or extraordinary requirements by the Customer.

4. Access of Site and Services

4.1 We Shop That will use all reasonable efforts to ensure that its Services are available, although temporary interruptions to the Services offered through the Site may occur. We Shop That shall not be liable for any loss or damage to any party incurred by such downtimes.

4.2 We reserve the right to withdraw or amend Services, Site Content, and Terms of Use without notice.

4.3 The User agrees to use the Site, including its Content, Comment functions, and Services with full responsibility and in a manner consistent with these Terms of Use and in such a way as to ensure compliance with all applicable laws and regulations.

5. Prohibited Use

5.1 Users may personally view, download, and print Content from the Site for the User’s own personal use, subject to the following provisions and restrictions:

(i) You must not republish any Content from the Site including publication or posting on another website without clear attribution with hyperlinks to the Site;

(ii) You must not reproduce, duplicate, copy, sell, license, or otherwise exploit any Content on the Site for a commercial purpose.

5.2 You must not post any text or materials, messages or content to the Site that is inappropriate or does not observe a reasonable standard of decency, or would be reasonably considered to be likely to offend other persons.

5.3 You must not post false, inaccurate, misleading, defamatory, or libelous content to the Site.

5.4 You must not post any marketing or promotional materials or content to the Site, including spam, advertising, or any other business sales and marketing content.

5.5 You must not use the Site in any way that causes, or may cause, damage to the Site or impact the availability or accessibility of the Site.

5.6 You must not use the Site in any way which is illegal, fraudulent or harmful, or in connection with any illegal, fraudulent or harmful purpose or activity.

6. Site Content

6.1 Product information on the Site is for the information of Users only and does not in any way constitute a guarantee of Product performance, reliability, or quality by We Shop That.

6.3 By posting to the Site Users accept that any text or images posted may be used by We Shop That to promote the Site and Services.

6.4 Original Content on the Site is the intellectual property of We Shop That and may not be used by any other party for any commercial purpose or in the promotion of any entity other than We Shop That and its Services, and any use of Site Content must be in accordance with fair use.

6.5 We Shop That may use images or text in the promotion of Products which originates from Product suppliers or producers and in such cases makes no claims over the intellectual property of those suppliers and displays such content only for the purposes of providing information on those Products.

7. Warranties and Indemnities

7.1 Users access and use the Site and Services at their own risk without any express or implied warranties regarding Products or Services.

7.2 No Customer information is kept or stored on the Site and We Shop That does not provide any User or Customer information to any third party not directly involved in the process of fulfilling Customer Orders.

7.3 All Products purchased on behalf of Customers are subject to the conditions, warranties, and conditions stated or offered by the Retailer. We Shop That makes no warranties regarding any Products and is not liable for any disputes or claims regarding Products.

7.4 Product prices on the Site are intended as guides only and are subject to change at any time by the Retailer. The Product Price to be paid will be clearly confirmed in communications with the Customer and only that Product Price will be used in reference to any question regarding Product Costs.

7.5 Products purchased must comply with restrictions, prohibitions, or conditions and relevant customs and border controls of the destination jurisdiction.

8. Payments

8.1 Payments through the Site are made using a third party secure payment gateway. The Site does not store any account or credit card details of Customers.

8.2 A Secure Payment Processing Fee charged by the payment processing provider is payable by the Customer and is added to the Total Cost of the Order.

8.3 Prices on the Site will be shown in US Dollars.

8.4 All charges for Products and Services will be made in US Dollars.

9. Cancellations, Returns, Exchanges, Changes

9.1 Customers may cancel an Order prior to purchase of their Item with a full refund and without penalty.

9.2 If an Order is canceled by the Customer after the Item has been purchased but before the Item has been shipped, the Customer will receive a refund of the Shipping Fee, and the Product Purchase Price if the Retailer offers a return and refund on the Item. The Service Fee in this case is not refunded.

9.3 An Order cannot be canceled and no refund is payable if the Item has been shipped or is in the hands of the Shipping Agent.

9.4 If a Customer decides to return an Item for a refund after Shipping:

(i) The return is entirely subject to the policies and processes of the Retailer who supplied the Item;

(ii) We Shop That will facilitate the return to the Retailer for an additional Service Fee;

(iii) All costs associated with shipping the Item back to WST for return to the Retailer will be paid by the Customer;

(iv) Only the amount of any money refunded by the Retailer will be paid to the Customer, and only after the refund has been made by the Retailer.

(v) In the case of exchanges any additional costs due to a price differential between the original Item and the exchanged Item will be paid by the Customer.

(vi) All processing fees for payments associated with any return or exchange will be paid by the Customer.

9.6 Changes to an Order may be made by the Customer only before the Purchase has been made by WST from the Retailer; after an Item has been purchased for the Customer by WST the provisions covering Cancelations, Returns and Exchanges apply.

10. Shipping and Delivery

10.1 We Shop That is not a shipping or courier company and uses third party shipping providers (the “Shipping Agent”) to fulfil the delivery of Orders made by Customers.

10.2 We Shop That may change Shipping Agents at any time to enable the most efficient and cost-effective service for its Customers, or for any other reason in the management of its business.

10.3 The requirements for shipping services to be fulfilled are those of each individual Shipping Agent and include all dispatch and delivery requirements of the Shipping Agents.

10.4 We Shop That makes every effort to include in the Total Cost any Customs Duties, Taxes, or other Tariffs, Charges or Levies imposed by the Authorities of the destination country when providing quotes for Shipping and Delivery of Items, but is not responsible for any additional Charges imposed by the Authorities before releasing the Item for delivery, and any such Fees or Charges required to complete the delivery of any Item are the sole responsibility of the Customer.

11. Resolution of Disputes

11.1 The laws of the State of New York will govern these Terms of Use, as well as any and all claims that occur between We Shop That and the User.

11.2 All parties to any dispute or claim arising out of, or relating to, these Terms of Use, will agree to seek settlement of such matters by arbitration with a mutually acceptable mediator based in the State of New York prior to commencing any legal action. The User agrees to accept the exclusive jurisdiction of the courts located in the State of New York, for the settlement of all such claims.

11.3 We Shop That will use reasonable endeavors to assist with any dispute arising from the use of its Services.

11.4 We Shop That is not liable for, nor will be a party to, any dispute arising between the User and any other third party subsequent to the User accessing the Site or a Customer accessing Services through the Site.

12. Other

12.1 The Terms of Use are an Agreement between the User and We Shop That.

12.2 If any portion of these Terms of Use is found to be unenforceable, the remaining portions will remain in full force and effect.

12.3 Nothing in the Terms of Use waives any obligations under the law.

12.4 These Terms of Use do not assign or confer any beneficiary right to any third party.

12.5 The Site and Services may not be used to engage in or facilitate any illegal activity.

12.6 Use of the Site and Services will be considered acceptance of these Terms of Use.

Contact Us

If you have any questions about these Terms, please contact us at: admin@weshopthat.com. 

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