Terms and Conditions
Last updated: June 12, 2022
This website is owned and operated by Shebeen, LLC (the “Company” or “We”). These terms and conditions (these “Terms”) set forth the entire understanding and agreement under which you may use our website, products and services as offered by us. These Terms, together with any documents they incorporate, govern your access to and use of our website, chakalakabrands.com (the “Website”), including any content contained on the Website, our Products and Services. By “Services” we mean the Website, and any downloadable software, mobile applications (including tablet applications), email list/newsletters, social media posts, blog posts, consulting and other services provided by us, or any digital media on which a link to these Terms is displayed, and all other communications with individuals through written or oral means (such as email or phone) directed at accessing or using any service we offer. By “Products” we mean the products developed and sold by the Company.
Acceptance of Terms
Key Commercial Terms
When buying a Product, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it, and (ii) you enter into a legally binding contract to purchase a Product when you commit to buy a Product and you complete the check-out payment process.
The prices we charge for our Products are listed on the Website. 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 email. We reserve the right to change our prices for Products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, Discover, Apple Pay, PayPal, Electron, Maestro, Diners Club, ChinaUnion Pay, JCB, and Cartes Bancaires, for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Retention of Right to Change Offering
We may, without prior notice, change the Products or Services, stop providing the Products or Services or any features of the Products or Services We offer, or create limits for the Products or Services. We may permanently or temporarily terminate or suspend access to the Products or Services without notice and liability for any reason, or for no reason.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Purchase, Final Sale, and Return Policy[SRE2]
After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You do not have the option to cancel your order at any time after we have sent your order confirmation email. [SRE3]
We do not accept returns. However, we take all measures possible to assure your order is received intact and in proper condition. In the event that you receive a defective or damaged product, please contact us immediately after receiving your order. Please do not throw anything out or discard any items, as we may require the best by date or other codes from the package. To help us resolve any defective or damaged merchandise we may ask you to take a picture of the item and then email it to customer service. Depending on the specific issue, we may choose to offer a replacement product, a store credit, a credit to your order, or by any other means we feel appropriate.
Products Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying Products or Services from the Website for your own personal or household use only, and not for resale or export.
Conduct and Restrictions on Use of Content
The material and information provided on the Website is made available solely for general information purposes and for providing access to information about the Company, its Products and Services, its events and the industry. You may use the Website only for lawful purposes and in accordance with these Terms. You shall not post or transmit any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the Company’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in the Company’s discretion restricts or inhibits any other Company customer, client, Products or Services user from using or enjoying the Services will not be permitted.
Except as specifically provided on this site, the material and information made available shall not be copied, reproduced, distributed, republished, downloaded, redisplayed, posted or transmitted in any form or by any means without the prior written permission of the Company or the owner of the content. In addition, you agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To impersonate or attempt to impersonate the Company, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
To advertise or perform any commercial solicitation of users to become subscribers of other products or services that compete with our Products or Services.
To use any manual process, robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website without our authorized consent.
To use any device, software or routine that interferes with the proper working of the Website; to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or to otherwise attempt to interfere with the proper working of the Website.
Representations and Attestations; Persons Under the Age of 18
You understand and acknowledge you must exercise independent judgment when evaluating and verifying any and all information contained in on the Website and any Products or Services offered therein.
Ownership of Intellectual Property, Copyrights, Trademarks and Logos Notice
The Products or Services content and all materials on the Website, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
You must not:
Modify copies of any materials from the Website.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
Access or use for any commercial purposes any part of the Website or any Products or Services or other materials available through the Website.
All trademarks (including the name SHEBEEN), related names, logos, product and service names, designs, and slogans (collectively, the “Shebeen’s trademarks”) used and displayed on the Website are the registered and unregistered trademarks of Shebeen, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof. The Website may also contain trademarks of others. Nothing on this site shall be construed as providing a license or any other right to use such trademarks without the express written permission of the trademark owner. Shebeen’s trademarks may not be used by visitors without prior express written permission.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512) by sending the following information in writing to firstname.lastname@example.org:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranty; Limitations of Liability
Except as provided below in the Indemnification section of these Terms:
YOU EXPRESSLY AGREE THAT USE OF THE COMPANY’S PRODUCTS OR SERVICES IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE COMPANY’S PRODUCTS OR SERVICES WILL BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, CONTINUATION OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE. FOR FURTHER CLARITY, USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE COMPANY’S PRODUCTS, SERVICES AND WEBSITE MAY NOT BE OPERATIONAL AT ALL TIMES. THE COMPANY MAKES NO WARRANTIES AS TO THE FUNCTIONALITY AND AVAILABILITY OF THIRD-PARTY WEBSITES AND MAKES NO GUARANTEES AS TO THE COMPANY’S WEBSITE ACCESSIBILITY, AS CHANGES TO THIRD-PARTY WEBSITES MAY CAUSE OUTAGES THAT ARE OUT OF THE COMPANY’S CONTROL.
THE COMPANY PROVIDES THE PRODUCTS OR SERVICES ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, MISTAKE, OMISSION, INACCURACY OF CONTENT, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU UNDERSTAND THAT WE ARE NOT A NUTRITIONIST, DIETICIAN, THERAPIST, DOCTOR OR LICENSED MEDICAL PROFESSIONAL, AND THEREFORE YOU NEED TO DISCUSS AND CLEAR ANY AND ALL CHANGES TO YOUR LIFESTYLE, FOOD INTAKE, EXERCISE REGIMEN, OR MEDICAL TREATMENT WITH YOUR PHYSICIAN. OUR CONTENT AND SERVICES ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, AND IS BASED ON OUR PERSONAL EXPERIENCE.
IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITES.
FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. THIS INCLUDES WITHOUT LIMITATION, ACTS OF GOD, WAR, GLOBAL PANDEMIC, DOMESTIC OR REGIONAL EPIDEMIC, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATION FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, GOODWILL OR PROFITS, OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES, ITS PRODUCTS, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES OR PRODUCTS.
Links to Third Party Sites
The Website may contain content provided by third parties and/or links to third-party sites. The Company does not control the third parties’ site or their collection or use of your information. We may provide links to third-party websites as a service to our users. We are not responsible for the content or information collection practices of those websites or the third parties who own them. Please note that these websites’ privacy policies may differ from ours. We encourage you to review and understand their website terms of access and privacy practices before giving them information. Further, the Company’s use of a link should not be viewed as an endorsement of the linked site.
The Company shall have the right, but not the obligation, to monitor the content of the Website, in its discretion and to satisfy any law, rule, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website if and when such features of the site are activated. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of these Terms or is otherwise objectionable.
To the fullest extent permitted by law, you agree to indemnify and hold the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from any demands, loss, liability, claims or expenses (including, without limitation, attorneys’ fees, accounting, expert fees and other reasonable costs), made against them by any third party due to, or arising out of, or in connection with your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, Services, and Products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Right to Change and Modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. All changes are effective immediately when we post them. Therefore, you should review these pages periodically. When we change these Terms in a material manner, we will notify you that material changes have been made to these Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of these Terms, do not use or access (or continue to access) the website or the service.
Right to Suspend or Cancel User Account
We may permanently or temporarily terminate or suspend your access to the Service or Products without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable laws, rules or regulations. You may discontinue use and request to cancel your account and/or any Services at any time.
Term and Termination
We may for reason, with or without prior notice to you: (a) modify, limit, suspend, discontinue, or terminate, in whole or in part, any portion of the Website or the delivery of the related Services, including or arising from without limitation, revocation of your product key or other access tools; and (b) monitor, modify any aspect of, limit, suspend, discontinue or terminate your use of or access to any or all the Website as commercially reasonable or upon your actual or anticipated breach of these Terms or any other agreements between you and the Company, or your violation of any applicable laws, rules, regulations relating to your use of Products or Services. We reserve the right to temporarily or permanently disable, discontinue, deactivate, or otherwise terminate from existence our Website and any affiliated websites, and any services provided therein.
Your access to and use of the Website is subject to compliance with all of these terms and conditions set forth in these Terms. The Company reserves the right, at its sole discretion, to deny further or continuing access to the Website to any user, including, without limitation, any user that the Company determines, in its sole judgment, has violated, or is likely to violate, any aspect of this Agreement or any applicable law, rule or regulation. Without limiting the foregoing, the Company shall have the right to terminate your accounts immediately in the event of a material breach of these Terms.
Choice of Law and Dispute Resolution
These Terms, the other agreements that are mentioned in these Terms and the rights and remedies provided hereunder, are to be construed in accordance with the internal substantive laws of the United States and the State of New Jersey, without regard to its conflict of laws rules. You hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Hudson County, New Jersey[SRE4] . You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees and costs of collection, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our policies, or your use of our Services.
You shall not assign or transfer this Agreement, in whole or in part, or any of its rights or duties hereunder, without our prior written consent. Any assignment made by you without the required prior written consent shall be wholly void and invalid, the assignee shall acquire no rights whatsoever, and we shall not recognize, nor shall it be required to recognize, the assignment.
You are fully responsible for all of your activities in using the Products or Services, including those activities carried out by, and the acts or omissions of, all persons who access and/or use the Website, Products or Service by or through, or as a result of, your acts or omissions. You shall ensure that all such persons who access the Website comply with: (i) this Agreement; (ii) all other agreements with, and requirements, and restrictions of the Company, our officers, directors, affiliates, control persons, employees, vendors, licensors, representatives, agents, successors and assigns, and any direct and indirect third party licensors, service providers, subcontractors and sources, including third party websites, of any content offered or provided by us; (iii) all applicable federal, state and local laws, rules and regulations; and (iv) all laws, orders, and restrictions, domestic and international, and all applicable international treaties, regarding the transmission and/or exportation of data and software products from or to the United States. If you become aware of any breaches or violation of any of the foregoing, you shall immediately notify us in writing by sending an email to email@example.com.
Questions about these Terms should be sent via email to firstname.lastname@example.org.
Any rights not expressly granted herein are reserved.
©2022, Shebeen, LLC