TERMS OF PURCHASE
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LANG, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products through www.drinklang.com or its variations (the “Website”). These Terms are subject to change by LANG Beverages LLC (referred to as “LANG”, the “Company”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Website, and you should review these Terms before purchasing any product or services that are available through the Website. Your continued use of the Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Our contract
An order placed on the LANG Website is an offer to LANG to buy the LANG product(s) in the order. When you place an order to purchase a product from LANG, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail") provided you provide a valid email address. The Order Confirmation E-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. Your failure to provide a valid email address does not alter your order with LANG.
Products available for purchase from the Website are intended for non-commercial use only and by placing an order you confirm that you are a consumer. LANG reserves the right to reject and/or cancel orders placed by commercial actors or by consumers that can be assumed to have an intent to sell.
We only accept your offer and conclude the contract of sale for a product ordered by you, when we ship the product(s) to you. Your contract is with LANG Beverages LLC. Without affecting your right of withdrawal set out in Section 3 below, you can cancel your order for a product at no cost any time before your order is processed for shipment.
Except for any products designated on the Website as non-returnable or communicated over the phone as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 calendar days of delivery and provided such products are returned in their original condition (unused) and in their original packaging.
To return products, you must email our customer service at email@example.com and include the below information:
To LANG Beverages LLC:
I (NAME) hereby give notice that I (NAME) withdraw from my (ORDER NUMBER) contract of sale of the following products (NAME OF PRODUCT(S)),
Ordered on (DATE)/received on (DATE),
Name of consumer(s),
Address of consumer(s),
Upon receipt of the returned product, LANG will inspect it and notify you of its decision regarding the return. If the returned product complies with the unused and undamaged conditions set forth above, LANG will refund all costs incurred in by you at the time of purchase, minus shipping and handling costs. If the returned product does not comply with the unused and undamaged conditions set forth above, LANG will reserve the right to reduce or refuse refund. If product has been damaged, no refund will be granted.
Once the product has been received and inspected, a refund will be issued. Refunds are processed within approximately 1 to 2 weeks of our receipt of your merchandise. Your refund will usually be credited back to the same payment method used to make the original purchase on the Website.
4. Order processing
We charge your credit card immediately upon processing of your order.
We do not ship products to PO boxes, freight forwarding locations and warehouses, or international locations. We reserve the right to refuse orders to any account or individual that we believe may be utilizing fraudulent credit cards.
5. Pricing and availability
All prices posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your Order Confirmation E-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order Confirmation E-mail.
All applicable state sales taxes apply based on the ship-to destination zip code. If you hold a sales tax exemption from your state’s tax authority you must submit a copy to LANG and contact the LANG Customer Care Team at firstname.lastname@example.org.
Although product availability may be indicated on the Website, we cannot guarantee product availability and products may not be available for immediate delivery. The company reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products, or to cancel any order. If there is any revision, discontinuance or cessation, we may, at our discretion, ship products which have substantially similar functionality and specifications to the products ordered, or cancel your order and refund any prior payment that you have made for such products. As we process your order, we will inform you by e-mail as soon as possible if any products you order are currently unavailable. Except for pre-orders, if you are charged for these products and they are not able to be shipped to you within 30 calendar days, you will be refunded.
Unless otherwise stated on the LANG Website, delivery estimates are not guaranteed delivery times.
Products are usually shipped within 2 business days from order date. For clarity, in addition to other limitations herein, LANG will not be held responsible for any delay or failure to comply if the delay or failure arises from any cause which is beyond LANG's reasonable control.
When placing a Pre-Order for LANG products, you will be charged upon order placement and you will be required to provide certain information, such as your ship-to address. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. LANG 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 contacting the LANG Customer Care Team at email@example.com.
7. Title and risk of loss
Title and risk of loss pass to you upon our transfer of the products to the carrier (except that title to any software included with the products remains with us).
LANG warrants new Lang-branded drinks systems, including TheWell and future models and excluding “Accessories" (“Accessories”: water jars, filters) purchased in the US directly from LANG or an authorized LANG reseller or retailer for personal use, and not for resale, during the one (1) year period immediately following the purchase of such LANG machine (the “warranty period”), which begins on the date of purchase by buyer. During the warranty period, LANG will either repair or replace, at its discretion, any allegedly defective machine or part thereof at no charge to buyer upon submission of buyer’s submission of proof of purchase and sufficient evidence of the alleged defect.
10. Goods not for resale
You represent and warrant that you are buying products or services from LANG for your own personal or household use only, and not for resale or export. Any further resale of the products shall be a breach of these Terms, entitling us to damages.
12. Damage caused by conterfeit filters
Use of non-authentic filters in LANG machines might cause damage to your product and/or might cause a product to be ineffective or otherwise not operate as desired. Damage to your LANG product caused by non-authentic filters are expressly not covered by any Company warranty. We recommend that you purchase your filter from us to ensure an authentic filter.
8. Electronic communications
When you purchase from the Website, or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting general notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may also sign up to receive emails from LANG, including newsletters, promotions, new products or special offers. You do not have to opt-in to the emails to make purchases from LANG. You can always opt-out of email messages by unsubscribing.
13. Product descriptions and pricing errors
We do not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in accordance with these Terms. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the transaction and your order is cancelled, we shall issue a refund for the amount of the charge.
14. Limitation on liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms.
16. Force majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
17. Governing law and jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio.
18. Dispute resolution and binding arbitration
(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 15. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 calendar days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
21. No third party beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. You must contact us by sending an email to firstname.lastname@example.org.
23. Comments, feedback, and other submissions
LANG enjoys hearing from our customers and appreciates your interest in our products and services. By submitting, disclosing, sharing, offering or providing comments, feedback, suggestions, ideas, photos, videos, images or any other materials or content to LANG in any manner, including but not limited to via this website, by email, by postal mail, by phone, online or otherwise (collectively, the "Comments") you grant LANG a worldwide, royalty free, irrevocable, perpetual and fully sublicensable right and license to use, reproduce, distribute, publish, modify, adapt, copy, translate, creative derivative works from, post, critique, quote from, characterize, refer to or otherwise use in whole or in part your Comments for any purpose in any medium, (whether now or hereafter known) throughout the world in perpetuity without further notice, additional permission, or compensation to you. You grant LANG the right to use your name and likeness in connection with any such use of Comments made by you, provided that you also agree that LANG will not be obligated to identify you in connection with any such use. You also agree that LANG will be free to use any ideas, concepts, know-how or techniques contained in any Comments for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any compensation to you. We are not in any way obligated to use, post or respond to any Comments submitted by you. We may remove, reject or block Comments in whole or in part at our option and in our sole discretion at any time and without notice. LANG is and shall be under no obligation to maintain any Comments in confidence, to pay any submitter of Comments any compensation for any Comments or to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you offer or submit.
You agree that no Comments submitted by you to LANG will violate any right of any third party, including copyright, trademark, publicity, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to LANG will contain material that LANG determines is: (a) false, misleading, indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, (b) which may constitute or encourage a criminal offense, violate the rights of any party or (c) which may otherwise give rise to liability or violate any law. Harassment in any manner or form on this website, including via e-mail, chat or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a LANG or other licensed employee, host or representative, as well as other members or visitors on the website is prohibited. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. Use of the website for any illegal or unauthorized purpose is strictly prohibited. LANG does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. LANG may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who violate these Terms & Conditions. You understand and agree that LANG cannot be responsible for the content posted on the website and that your use of the website is at your own risk.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.