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Terms and Conditions

Terms and Conditions

Last updated: September 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms and Conditions:
•    Account means a unique account created for You to access our Service or parts of our Service.
•    Country refers to: United States of America
•    Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to
      SOOKA INC., 514 Daniels Street, #109, Raleigh,North Carolina, 27605.
•    Device means any device that can access the Service such as a computer, a mobile phone, a digital tablet television, etc.
•    Feedback means feedback, complaints, suggestions, innovations or questions sent by You regarding the attributes, performance or features of       Products and/or Service.
•    Products refer to the items offered for sale on the Service.
•    Orders mean a request by You to purchase Products from Us.
•    Promotions refer to contests, sweepstakes or other promotions offered through the Service.
•    Service refers to the Website.
•    Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
•    Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You
      and the Company regarding the use of the Service.
•    Third-party Social Media Service means any services or content (including data, information, Products or services) provided by a
      third-party that may be displayed, included or made available by the Service.
•    Website refers to https://www.glydeamerica.com/
•    You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing
      or using the Service, as applicable.

Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.  Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.  By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Our store is hosted on BigCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
•    Misrepresentation by you
•    Products availability
•    Errors in the description or prices for Products
•    Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights
Any Products you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.  Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Products that are returned in the same condition as You received them or according to our prevailing Assurance Policy.   You should also include all of the Products instructions, documents and wrappings. Products that are damaged or not in the same condition as You received them, or which are worn simply beyond opening the original packaging will not be refunded except as expressly determined by our Returns Policy. You should therefore take reasonable care of the purchased Products while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Products. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Products:
•    The supply of Products made to Your specifications or clearly personalized.
•    The supply of Products which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
•    The supply of Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
•    The supply of Products which are, after delivery, according to their nature, inseparably mixed with other items.
•    The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent
      and You have acknowledged Your loss of cancellation right.

SHIPPING
Fast (USPS First Class, 4-6 Business Days)
Faster (USPS Priority, 3-4 Business Days )
International Shipping (USPS International First Class)

Please be aware that while we ship orders as quickly as we receive them, typically within 36 hours of receipt, delivery times are based on our best estimate. However, delays can occur in transit or due to weather, holds at your local custom office, or other unforeseen issues so it may take longer for an order to be delivered.

When will my order ship?
All orders placed Monday - Friday before 2pm PST ship within 36 hours. All orders placed after the cut off time will ship the following business day. For consumer protection, all orders are subject for review. On occasion, this may cause a slight delay in processing your order. Your patience is greatly appreciated.

Note: Orders placed during weekends, special promotions (Black Friday/Cyber Monday) and holidays may take additional processing time due to increased order volume. Please allow 1-2 extra days for order processing.

How does international shipping work?
We use USPS International First Class for all international shipments. Average total transit time is 7-10 business days. However, delays can occur in transit or due to holds at your local customs office, so it may take longer for an order to be delivered. Taxes and duties will be assessed and collected by the destination Customs/Postal Services.

Please ensure to provide a shipping address that USPS is capable of delivering to. We are not liable if USPS is unable to make delivery to the shipping address provided.


Why was my order shipped in multiple packages?
Some countries impose a value limit on international shipments. If your order is above the limit for your country, your order may be shipped as multiple shipments with separate tracking numbers. Contact your local customs office for more information on the value limits for your country. Vibrators and toys will be shipped separately. All orders are shipped in packages which are discreetly labeled without identifying contents.
 
How do I know that my order has been shipped?
When your order has been shipped, we will send you an e-mail with your tracking number and a link to where you can track it online.

Do you offer shipping protection?
Yes. GLYDE is not responsible for lost or stolen packages, so we offer Route shipping insurance, available at checkout, to cover any losses that might occur.

How do I track my order?
To lookup the status of your order, log into your account or click through the USPS link enclosed in the order conformation email.  

REFUNDS & RETURNS
We take your satisfaction seriously, and we stand behind our products and their quality, feel, and performance.  We believe GLYDE products, and the other sexual health products we have carefully selected to offer, are the very best on the market.

Therefore, we offer our customers an Assurance:  If for some reason you aren’t 100% happy with the quality of GLYDE products, notify us within 7 days of purchase and we will ship you an alternative product to try, or refund your order 100% of the purchase price.

If you are dissatisfied with one of our Products for any reason, GLYDE will refund fifty percent of the product amount for the returned item(s), minus original shipping fees.

Refund requests must be made directly to GLYDE  at orders@glydeamerica.com. All refund requests must be made within seven (7) days of the date of shipment by GLYDE. GLYDE is not liable for Products that are damaged or lost in transit to GLYDE .

Promptly following GLYDE ’s receipt of your request (typically within five (5) business days), GLYDE will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase.

Notwithstanding the foregoing, GLYDE does not control when a specific credit card or Payment Method company processes a refund transaction. You are responsible for contacting your credit card or Payment Method company if you have questions about the status of the refund. GLYDE will not provide a refund for a request that is received by GLYDE more than thirty (30) days after the date of original shipment. GLYDE also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot, and do not, guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments
All Products purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit 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 of Your Order.  The Company does not offer payment over-time options; however, you may be presented with such an option at time of check-out by a third party provider.  Should you choose to use pay over- time, the Company does not warrantee or hold any responsibility for the financing services or the Terms and Conditions of your use of such a financial, pay over-time service.  You are solely responsible for the use of any third-party provider.

Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

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.

Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. 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.

Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

We may, but have no obligation to, monitor, edit or remove content that We determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, 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.


Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, Products or services available on or through any such web sites or services.  We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states and provinces do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.  Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or Products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law
The laws of the United States and specifically, North Carolina, USA, excluding conflicts of law and rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation
Our Service and the pages herein may be available in multiple languages using available translation technology.  These Terms and Conditions and all other pages may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us
If you have any questions about these Terms and Conditions, You can contact us by email: cotact@glydeamerica.com