Terms and Conditions

Last Updated: March 1, 2023

Introduction

Welcome to 1616 Holdings® Notebook! These Terms and Conditions (“Terms”) form a legally binding agreement between you and 1616 Holdings® Notebook regarding your use of our website, products, and services.

Please review these Terms carefully before using our website 1616holdings.shop or purchasing our products. By accessing our site or using our services, you confirm you have read and agree to be bound by these Terms. If you do not agree, refrain from using our site or buying our products.

Definitions

“Company” collectively refers to 1616 Holdings® Notebook, as well as our employees, directors, subsidiaries, affiliates, agents, retailers, and suppliers.
“Website” refers to the Company’s website located at 1616holdings.shop, as well as all associated webpages, subdomains, mobile applications, and services.
“Products” refers to all products, services, programs, tools, and information we offer for sale on our Website or through authorized retailers.
“You” or “Your” refers to the customer or user of our Website or Products.

Eligibility to Use Our Website

You must be at least 18 years old or have parental consent to use our Website or purchase our Products. By using our Website or Products, you represent that:

You are fully able and competent to enter into these Terms
All registration details you submit are truthful and accurate
You will maintain and update your information to keep it accurate and current
You are not prohibited from using our Website or Products under any applicable laws

Sale of Goods Disclaimer

The information provided on our Website does not constitute an offer to sell but an invitation for you to make an offer to purchase our Products. We may accept or reject your offer at our sole discretion. All orders are subject to product availability and confirmation of acceptance by us via email.

Product Details and Pricing

We make every effort to display Products accurately on our Website, including details like colors, sizes, and fabrications. However, actual colors and fabrics may vary slightly from how they appear on your device. We do not guarantee any product description or specification posted on our Website will be error-free.

Product prices may change at any time without notice. If the price increases before we have shipped your order, we will notify you and await your approval of the new price before continuing to process your order. Pricing errors discovered after checkout may result in order cancellation at our discretion.

Taxes, customs duties, brokerage fees, and other surcharges may apply for orders shipped internationally. You are responsible for paying any such amounts associated with your order.

Placement & Acceptance of Orders

We will notify you once we have accepted your order via email. If we cannot fulfill or accept your order for any reason, we will also notify you by email. Otherwise, non-acceptance of an order may be indicated by the lack of an order confirmation email within 5 business days.

You consent to receive invoices, order confirmations, and other formal communications related to the purchase of Products electronically via email.

We reserve the right to refuse service to any customer for any reason permitted under applicable law. Some situations where we may refuse orders include:

If you have not paid for previous orders or have a history of late payments
If we suspect you are violating our Terms, committing fraud, or violating applicable laws
If we are unable to verify details you provide during checkout
If inventory is unavailable or backordered with no expected restock date
If your order quantity exceeds reasonable household use

Payment Processing

All quoted prices for Products are in United States Dollars (USD) unless otherwise noted.

We accept most major credit cards, as well as PayPal and Apple Pay. You represent you are authorized to use the payment method provided. We work with legitimate payment processing partners to handle your transaction in a secure and compliant manner.

Your payment will be captured upon checkout. An order will not be released for fulfillment until the payment has been approved by our processor.

We make our best effort to process your payment promptly, accurately, and securely. However, we make no warranties regarding the processing time for charge approval or related banking procedures.

Order Fulfillment & Delivery

We will make commercially reasonable efforts to pack and ship your order promptly after payment has been successfully processed. Delivery timelines provided during checkout or on our Website reflect our best estimate based on stock availability and carrier timeframes. We cannot guarantee orders will be delivered by a promised date.

We reserve the right to split your order into multiple shipments if needed. This helps us get part of your order shipped sooner if certain items are backordered. Split shipments may result in multiple shipping charges.

We ship internationally to most countries. Specific shipping restrictions, delivery timelines, and pricing are provided at checkout based on your shipping address. You are responsible for providing an accurate and deliverable address. We are not liable for lost or undelivered packages when caused by recipient address errors.

For domestic shipments, title to Products and risk of loss transfers when your order is handed off to our carrier. For international orders, title and risk of loss transfers when your order reaches the international shipper in the destination country.

If an order never arrives or is damaged in transit, please contact us promptly so we can open an investigation with the carrier. We will work with you reasonably to reach an appropriate resolution, such as reshipping damaged items. Lost or undelivered orders must be reported within 30 days of the estimated delivery date for us to assist with resolution.

Returns & Refunds

If you are unsatisfied with your purchase from 1616 Holdings® Notebook for any reason, you may return it to us for a full refund within 30 days of the original purchase date. To be eligible for a return, items must be in new, unused condition with original tags and packaging.

To initiate a return, email us at [email protected] or contact us by phone. We will provide instructions for securely packing and shipping the return to our warehouse.

Once your return is received by our warehouse team, we will process your refund. Refunds may take 2-3 business days to reflect in your original payment account.

Refunds will be issued in the original payment type. For example, amounts paid by credit card will be refunded back to that card. Refund amounts may reflect deductions for non-refundable customs duties, shipping fees, or other charges determined upon inspection.

Exchanges are handled as a return and re-order. We do not offer prepaid return labels for exchanges.

For defective or damaged items, please contact us within 3 days of delivery so we can determine appropriate next steps.

Sales of custom or personalized items are final and not eligible for returns or refunds.

Account Registration

Registering for an account with 1616 Holdings® Notebook provides benefits like easier checkout, order history lookup, and email subscriptions. However, account registration is not required to purchase Products.

You agree to provide accurate registration information and keep your details current. Do not impersonate another person or use a username that violates the intellectual property or other rights of any third party.

You are responsible for maintaining the confidentiality of your account password and restricting access to your account. We are not liable for any loss or damage arising from your failure to protect your login credentials.

Our Intellectual Property Rights

Our Website and Products contain intellectual property owned by the Company, including copyrights, trademarks, patents, designs, graphics, logos, icons, images, and product names. You may not extract, download, redistribute, reverse engineer, alter, modify, transfer, or copy our proprietary content without express written permission.

Any feedback, suggestions, or ideas you provide related to our Products or Website become our property. You hereby assign all rights, title, and interest in submitted feedback to the Company. We reserve the right to use feedback for any purpose without payment, accounting, attribution, or compensation to the provider.

User-generated content you submit for public display through our Website, like reviews or comments, may be displayed to general audiences. However, we do not claim any ownership rights in your user content.

Your Limited License to Use Our Website and Content

The Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Website and online content solely as intended by the normal functionality of our Website and in compliance with these Terms and all applicable laws. This license does not permit aggregating, copying, duplicating, selling, or exploiting any Website content for commercial purposes.

You are permitted to download, print, or make copies of Website content only for your personal and non-commercial use. Any downloaded, printed, or copied Website content must maintain all trademarks, copyrights, credits, and notices intact.

The Company retains full ownership of all technologies, content, material, and features on our Website. Your limited license provides no rights therein except for the right to view content on your device and utilize website functionality as permitted during active use of our site.

User Content Disclaimers

While we reserve the right to remove or modify any user content at our discretion, we are not responsible for screening or monitoring user content posted via our Website. Any opinions or views expressed in user content belong solely to the author and do not represent the opinions of 1616 Holdings® Notebook.

We do not guarantee the accuracy, quality, or reliability of any user content. Users rely on user content at their own risk, and we will not be liable for any loss or damage arising from the use of user content. You are responsible for assessing the credibility and accuracy of user content before choosing to rely on it.

Reviews and Testimonials

If you provide a product review, testimonial, or other user-generated content for public display through our Website, you guarantee the review is based on your honest, fair, and genuine opinion and experience as a customer.

You grant us permission to publicly display your name, relevant personal details, and the content of your review as reasonably necessary in connection with publication. While we may paraphrase, edit, or provide summaries of your content, we will not materially distort the meaning of your expression.

Your Conduct

You agree to use our Website and purchase our Products only for legitimate personal and household use. You may not exploit our services for any commercial purpose. Examples of unauthorized activities include:

Using bots, scrapers, or other automated means to access our Website, collect data, or interact with our systems
Attempting to circumvent security, tamper with our site, or override any functionality dependent on user authentication
Manipulating or artificially inflating sales metrics like reviews, traffic, or rankings
Disabling, avoiding, removing, or circumventing our protective technologies
Intentionally transmitting viruses, worms, defects, Trojan horses, or other malicious items
Using our Website to violate the legal rights of others or harvest information about others
Impersonating any person or entity or providing false details to disguise your identity
Violating the intellectual property or proprietary rights of the Company or any third party
Breaching the privacy, confidentiality, or data rights of the Company or any third party
Using our Website to distribute spam, junk mail, chain letters, phishing attempts, or unsolicited mass distribution of any kind
Promoting or providing instructional information about illegal activities, fraud, or other harm
Defaming, harassing, or abusing the Company, our representatives, or other Website users

Any conduct that threatens, disrupts, compromises, or undermines our Website, services, content, community, employees, or infrastructure violates these Terms. We reserve the right to terminate your access and usage for any reason permitted under applicable law.

Disclaimer of Warranties

While we make reasonable efforts to maintain our Website, we make no guarantees regarding availability or uptime. Our Website may suffer occasional downtime, outages, and failures. We are not liable for any harm related to site unavailability.

THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT SITE ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS OR DAMAGE WHEN USING OUR WEBSITE OR PRODUCTS. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU.

Limitation of Liability

THE COMPANY, OUR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OUR WEBSITE OR PRODUCTS. THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY ARISING UNDER THESE TERMS EXCEED $100.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS HEREIN APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF LIABILITY, THESE PROVISIONS MAY NOT FULLY APPLY TO YOU.

Indemnity

You agree to fully defend, indemnify, and hold harmless the Company and our officers, directors, employees, contractors, agents, affiliates, and partners from all liabilities, losses, claims, judgments, damages, costs, and expenses (including reasonable attorneys’ fees) that arise from or relate to:

Your use of our Website or Products in violation of these Terms
Your violation of any law, regulation, or third party right
Any of Your user content or feedback

We reserve the right to handle any claim ourselves at your expense, utilizing attorneys of our choosing. This indemnity obligation shall survive the termination of your account or these Terms.

Copyright & Trademark Disputes

We respect the intellectual property rights of others. Upon proper notice, the Company will investigate notices of alleged copyright and trademark infringement arising from use of our Website or Products and take appropriate action under applicable intellectual property laws and these Terms.

Our registered agent designated to receive copyright and trademark infringement notifications under the Digital Millennium Copyright Act (DMCA) is:

Copyright Agent
1616 Holdings® Notebook
123 Main St, Anytown, USA 12345

Please provide written notice via our agent containing the information required under the DMCA for proper claim assessment. We will terminate repeat infringers when appropriate. For more details on the DMCA notification process, see 17 U.S.C. §512.

Governing Law

These Terms shall be governed by the laws of the State of Delaware without regard to conflict of law principles. You consent to the personal and exclusive jurisdiction of courts located in Delaware for any disputes arising from your use of our Website or Products.

You waive any jurisdictional, venue, or inconvenient forum objections to such courts (without restricting either party’s right to appeal to a higher court). The parties expressly exclude application of the United Nations Convention on Contracts for the International Sale of Goods.

Compliance With Laws

We make reasonable efforts to abide by the applicable laws, regulations, and rules as set forth by national, state, local, and international jurisdictions when providing access to our Website. However, laws vary across jurisdictions, and it is ultimately your responsibility to ensure your usage complies with any laws that may apply to you. By using our Website or Products, you acknowledge sole responsibility for understanding and complying with all relevant laws that may affect you.

Modifications

These Terms may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our Products, services, or Website. We will notify customers if changes are made by posting the revised Terms on our Website along with an updated revision date. Any changes to the Terms become effective from the revision date forward.

For revisions we feel are detrimental to our customers, we will provide 30 days advance notice by email before changes take effect. You are responsible for reviewing the latest Terms regularly for any modifications. Continued use of our Website after a notice period constitutes your acceptance of any revised Terms.

Termination Rights

You may close your account and stop using our Website at any time without explanation. We also reserve the right to suspend or terminate any accounts, prohibit access to our Website, or stop providing any services to any customer at our sole discretion.

Reasons may include serious or repeated violations of our Terms, policies, or community standards; extended periods of inactivity; or technical, legal, or business considerations. We are not liable to you for damages related to account deactivation or termination.

No Fees for Our Website or Content

The Company does not charge any fees for access to, use of, or content available through our Website. Certain ancillary services like expedited shipping may require fees, but the basic Website and content access remains free.

Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable by any court of law exercising proper jurisdiction, that provision will be deemed severable from the remaining provisions and shall not affect their validity or enforceability.

No Waiver

Our failure to enforce any provision in a given circumstance shall not constitute a waiver of our right to subsequently enforce the same provision or any other provision at our sole discretion.

Contact Us

Please get in touch with questions about these Terms or your use of our Website and Products:

By email: [email protected]
By phone: 555-123-4567
By mail: 1616 Holdings® Notebook Terms of Use, 123 Main St, Anytown, USA 12345

We will do our best to promptly address any concerns you have about our Terms, Website, or Products. Thank you for being a 1616 Holdings® Notebook customer!