TERMS OF SERVICE
RIFFKA Terms of Service
Welcome to www.riffka.com. This website is maintained as a service to our customers and by using this website, you agree to comply with and be bound by the following Term of Service Agreement (the “Terms” or “Agreement”). Please review these Terms carefully. If you do not agree to these Terms, you should not use this site.
1. Agreement.These Terms specify the terms and conditions applicable to your access to and use of www.riffka.com (the "Site") and also shall apply to your purchase of products and related services through the Site. This Agreement may be modified at any time by Riffka, LLC (“Riffka,” “we,” “us,” “our,”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.riffka.com. Each use by you shall constitute and be deemed your irrevocable and unconditional acceptance of this Agreement.
2. Online Orders.When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
3. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item(s), the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., Square). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4. Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You agree to provide us with up-to-date shipping information, and we disclaim any and all liability for any goods which are shipped to an incorrect address which you provided us. Please note that we use a third party for purposes of fulfilling and shipping orders and purchases you make from us. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
5. Returns. You hereby acknowledge and agree that all orders or purchases you make from us are non-refundable. In the event your order or purchase is damaged or defective upon delivery, through no fault of your own, then we will take commercially reasonable efforts to make sure you receive a replacement item that is not damaged or defective. While all orders or purchases you make from us are generally non-refundable, we do consider exchanges on a case-by-case basis. In the event your order or purchase is damaged or defective upon delivery, through no fault of your own, then you must email us at info@riffka.com within 24 hours of delivery giving us notice of the problem and providing us with a description of the current condition of the item along with photographs clearly showing the item you purchased and the damage it sustained. We do not exchange purchases if the item is damaged after being opened or otherwise removed from its packaging. Returns made under this policy must be made within 7 days of delivery to the address we provide, and the merchandise must be returned in the same condition as originally received by you. Once the goods are received by us, we will exchange your purchase. In the event we are unable to exchange your purchase, we will give you a refund less the original shipping & handling charges and a twenty percent (20%) re-stocking fee. Until your returning purchase or order is received by us, you bear the risk of loss or damage during shipment and as such, you are advised to obtain appropriate insurance. Any refund granted pursuant to this section will be credited back to the same payment method used to make the applicable purchase. All exchanges or returns must be made pursuant to the specific procedure outlined in this section.
6. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.riffka.com/privacy-policy.
7. Ownership. All content included on this Site is and shall continue to be the property of us or our content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, reproduction, distribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
8. Intended Audience. This Site is intended for adults only. This Site is not intended for any children under the age of 13.
9. Trademarks. “Riffka”, “RIFFKA”, our logo, and other proprietary names, designs, graphics, logos, colors, or sounds used in connection with our products or services are either trademarks or registered trademarks of Riffka. Other product and company names mentioned on this Site may be trademarks of their respective owners.
10. Site Use. We grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at our discretion, and we may terminate your use of this Site at any time.
11. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
12. Indemnification. You agree to indemnify, defend and hold Riffka and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
13. Disclaimer. THE INFORMATION ON THIS SITE AS WELL AS THE PRODUCTS SOLD HERE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. RIFFKA DISCLAIMS ALL WARRANTIES OF ANY KIND ASSOCIATED WITH USE OF THIS SITE AND ASSOCIATED WITH OUR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
14. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL RIFFKA BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT AND PRODUCTS WE PROVIDE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
15. Use of Information. Riffka reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
16. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By Mail: Riffka, LLC - P.O. Box 849 Franklin, TN 37065
By E-mail: info@riffka.com
17. Applicable Law and Venue. You agree that the laws of the state of Tennessee, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you Riffka or its affiliates. Furthermore, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be brought solely in the state or federal courts sitting in Williamson County, Tennessee. You hereby agree to the exclusive jurisdiction and venue of such courts and waive any and all challenges to such jurisdiction and venue.
18. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
19. Waiver. The failure of Riffka to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Riffka must be in writing and signed by an authorized representative of Riffka.
20. Termination. Riffka may terminate this Agreement at any time, with or without notice, for any reason.
21. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
22. Entire Agreement.These Terms constitute the entire agreement between you and Riffka and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Riffka with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Riffka may revise these Terms of Service at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
23. Contact Information.
Riffka, LLC
P.O. Box 1169 Franklin, TN 37065