Términos del servicio
OVERVIEW
This website is operated by Epik Workwear. Throughout the site, the terms “we”, “us” and “our” refer to Epik Workwear. Epik Workwear offers this website, 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.
EXCEPTION: IF SELLER HAS PREVIOUSLY SIGNED A SEPARATE CONTRACT WITH THE CUSTOMER SETTING FORTH ALTERNATE TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS, THE SEPARATE CONTRACT SHALL GOVERN TO THE EXTENT THAT (1) THAT CONTRACT IS STILL IN EFFECT AND (2) ANY TERM IN THAT CONTRACT CONFLICTS WITH A TERM IN SELLER’S GENERAL TERMS AND CONDITIONS. WHERE THE TERMS DO NOT CONFLICT, SELLER’S GENERAL TERMS AND CONDITIONS SHALL STILL GOVERN.
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.
Any new features or tools which are added to the current store shall also be subject to the 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
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 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)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 anytime without notice, at the sole discretion of us. 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.
SECTION 6 - 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 that 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 at our store. 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.
For more details, please review our Refund Policy: https://epik.us.com/policies/refund-policy
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
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 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 with 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 to be 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 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://epik.us.com/pages/privacy-policy
SECTION 11 - 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 12 - 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.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our 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 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 Epik Workwear, 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 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Epik Workwear 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 15 - SEVERABILITY
In the event that 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 16 - 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 17 - 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 governs 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).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
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 United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at heythere@epik.us.com.
Our contact information is posted below:
Epik Workwear
heythere@epik.us.com
Techniclean Products Inc
7888 Marathon Drive
Suite A
Livermore, CA 94550
FURTHER CLARIFICATIONS
As used herein, the term “Seller” refers to Epik, Inc., a California corporation, and the term “Customer” refers to any person placing an order for the Seller’s products (the “Products”). By submitting an order for Products, the Customer acknowledges and agrees to the applicability of the General Terms and Conditions of Sale to such order except to the extent the same may from time to time be modified in writing by Seller. No orders shall give rise to a contract or any other obligation on the part of Seller until such time as Seller has accepted such order by the issuance of a written order confirmation or delivery of Products ordered. Seller reserves the right to reject individual orders in whole or in part and to make its acceptance of an order contingent upon the issuance in Seller’s favor of an irrevocable and divisible documentary letter of credit or other security.
Futher Delivery Terms
All deliveries of Products shall be made according to Seller’s terms and prices in effect as the date of the order of such Products. The seller reserves the right to make partial shipments. Any periods applicable to Seller’s delivery of Products shall commence with Seller’s issuance of written order confirmation.
Seller’s deliveries are F.O.B. Seller’s warehouse unless otherwise expressly stated in the order confirmation. The cost of shipping and packing is to be borne in all cases by the Customer unless otherwise expressly stated in the order confirmation. The risk of loss shall pass to the customer upon delivery by Seller of the Products to the railway, the carrier, or (if agreed upon in writing by the parties) another location. Any and all insurance of the Products against theft, loss, fire, water damage or other hazard shall be the responsibility of the Customer.
In cases of force majeure or unforeseen events including, without limitation, traffic disturbances, fire, flooding, lack of workers, energy, or raw materials, strike, lock-out, measures of governmental authorities, war, or storms; Seller shall not be obligated to complete or even attempt the deliveries at the times agreed upon, and shall furthermore be entitled to suspend or cancel orders without granting indemnities nor have an obligation for later deliveries.
Seller retains the title of property on all Products delivered until such time as all obligations on part of the Customer relating to the order, including but not limited to payment in full of all sums owing to Seller in connection with such order have been fulfilled. Customer hereby grants Seller a continuing first-priority security interest in and to all Products purchased by Customer and all proceeds thereof, and authorizes Seller to file in the name of and on such behalf of Customer such UCC financing statements (including continuation and/or amendatory statements) or other security instruments in such jurisdictions as Seller, in its sole discretion, deems appropriate.
Customer shall notify Seller in writing of any defects or discrepancies alleged to exist with the respect to the Products, setting forth in detail the nature of the alleged defect or discrepancy, no later than thirty (30) days after Customer’s receipt of the Products in question or discovery of the defect or discrepancy, whichever occurs first; provided, however that Seller shall bear no responsibility for defects, discrepancies, or damages arising out of or in connection with any (1) utilization of Products which is not in conformity with the instructions for the Product use promulgated by Seller, (2) negligence, (3) improper unpacking or dunning on the part of Customer or third parties, (4) willful misconduct on the part of Customer or any third parties, (5) normal wear and tear, or (6) any other cause other than due to sole fault of Seller. Where a claim is made that Products are defective, the Customer shall make such Products available for inspection by Seller or its authorized agents, and shall comply with all instructions or directions of Seller. Notwithstanding any statement to the contrary herein, Seller assumes no responsibility for repair or replacement of alleged defects or deficiencies or damages alleged to exist or damages alleged to be suffered by a Customer, where the Customer has not compiled with Seller’s directives.
Further Payment Clarification
Once credit terms have been established, and unless otherwise agreed in writing, all invoices shall be payable in full in U.S. Dollars without any deduction or setoff whatsoever within thirty (30) days of the invoice date. If no credit terms have been established, payment will be due in full prior to the shipment of any goods. In the event payment in full is not received by Seller within agreed upon terms, interest shall be payable on the amount outstanding at a rate of ten percent (10%) per annum.
Collection and attorney’s fees and costs will be awarded to the prevailing party for any action or legal proceeding related to or arising out of theses General Terms and Conditions of Sale.
NO OTHER WARRANTIES: To the maximum extent permitted by applicable law, SELLER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCTS (AND ANY ACCOMPANYING WRITTEN MATERIALS OR INSTRUCTIONS), EXCEPT AS EXPRESSLY SET FORTH IN THESE GENERAL TERMS AND CONDITIONS OF SALE. ASD
Seller agrees to replace, at its own cost, any Products, which are shown by the Customer to be defective. Customer shall be responsible for the cost of returning such Products to the facility of the Seller.
NO LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES To the maximum extent permitted by law, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES; INCIDENTAL DAMAGES; LOSS OF GOODWILL; EXPENSES INCURRED IN REGAINING GOODWILL; DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION; OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Seller shall have no duty or obligation to indemnify, hold harmless; defend; obtain insurance for; or pay any taxes, fees, or fines for Customer or any third party. Any attempts by Customer or any third party to impose any such duties or obligations upon Seller shall be of no effect.
Miscellaneous
Customer shall be responsible for ensuring that any Product packaging or labeling proposed or supplied by it complies with all applicable federal and local laws, including F.D.A. regulations. Seller reserves the right to refuse to ship Products if Seller learns that Products do not comply with any of these packaging or labeling requirements.
Customer warrants that it will not sell or distribute (or knowingly permit the sale or distribution of) any Products in jurisdictions where the sale of such Products is restricted or forbidden.
Seller’s waiver of any non-compliance on the part of the Customer of the terms and conditions contained herein, shall not affect or impair the right of the Seller to require compliance with such term or condition on any subsequent occasion or effect a waiver or any other term or condition.
In the event any term or condition set forth herein is determined to be invalid or unenforceable, such invalid or unenforceable term, or condition shall be deemed to be stricken here from and shall thereupon be replaced by that valid and enforceable term or condition most nearly equivalent in economic effect to the provision so stricken. In no event shall such invalid or unenforceable term or condition affect the validity or enforceability of any other term or condition set forth herein.
The exclusive jurisdiction for any claims arising from, or related to, the transactions contemplated hereby, shall be in the courts of the State of California, County of Alameda, or in any federal court located therein. These claims shall not be subject to mandatory arbitration. The Customer and the Seller further agree that the law of the State of California, but not California’s conflicts of law rules, shall apply in any and all claims relating to, or arising from the transactions contemplated hereby.