Terms & Conditions
1. General Terms and Conditions
- We are COCOBA USA, LLC ("we" or "the company") and we own and operate the site eatirvins.com ("our site"). Our site offers a convenient way to shop for IRVINS products online, including by using our applications (where relevant) and also offers delivery services by our outsourced logistic partners (collectively referred to as "services").
- You are required to register with us when you place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract, or have so obtained consent from your parent(s) or legal guardian(s).
- Where you are required to register, you must:
(i) provide us with accurate, complete and updated registration information;
(ii) safeguard your username and password; and
(iii) authorize us to assume that any person using our site with your username and password is either you or is authorized to act for you.
- You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.
- All products and services on our site are listed in US Dollars.
- Kindly ensure that you have selected the correct product(s) in the correct quantity/size (where applicable) before checking out. We will not be able to amend orders once they have been confirmed and will not be held liable in the event the wrong products are selected, or if duplicate orders are placed.
- System will generate an email to the email address you have registered to confirm that we have received your order. Such confirmation does not constitute a promise of delivery of order items.
- We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
- insufficient stock to deliver the product(s) you have ordered;
- no delivery can be arranged for your area; or
- one or more of the products you ordered was listed at an incorrect price due to any error.
- The company accepts VISA and MasterCard which will be charged in US dollars.
- We use third party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by a third-party payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making any credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
- We do not collect or keep your credit card information.
- If the order is cancelled by us for any reason, if you have already made any payment, refund will be arranged to your credit card account within 30 days after cancellation.
- The company reserves the right to change the payment terms for any order without prior notice.
- We will deliver the products ordered by you to the delivery address you give us at the time you place your order through our staff or a third-party delivery service provider. Kindly ensure that full and correct address is provided. Orders with incomplete/incorrect information may result in delayed delivery. If you have instructed us/third-party provider to leave your delivery outside the door or at the concourse any missing delivery under such circumstances shall be at your own risk. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reason.
- All risks in the product(s) shall pass to you upon delivery but we shall retain title in the products until full payment has been received. From the time when risk passes to you, we will not be liable for any loss or damage to the product(s).
- Within the United States
- We currently do not make deliveries to the following areas:
- Restricted districts and areas that our carrier cannot access.
- Where there is any weather condition in which delivery is considered unsafe, delivery services may be delayed. In such event, you can check directly with our Customer Support to reschedule delivery.
- We currently do not make deliveries to the following areas:
6. Refund & Replacement
- Requests for refunds and/or exchanges will not be entertained except in the limited instances specified in our Refund / Exchange Policy.
7. Circumstances Beyond Our Control (Force Majeure)
- We shall not be liable to you for any breach, hindrance or delay in the performance of our obligations relating to the services we supply on our site attributable to any cause beyond our reasonable control, which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) (each a Force Majeure event).
- In the circumstance that the Force Majeure event lasts for more than one week, we reserve the right to cancel your order by written notice to you and without any liability other than a refund of the product(s) already paid for by you and not delivered.
- If we have accepted orders of the same product(s) from more than one customer and are prevented by from meeting our obligations to all customers by reason of a Force Majeure event, we may decide in our solve and absolute discretion which orders we will fulfil and to that extent.
- The company and its employees, contractors and any third-party provider (collectively "IRVINS") make no representation or warranty:
- in relation to the completeness, quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, our site or the information (the “Information”) stored on or receivable through our site or any related server;
- in relation to any products or services accessed, offered or obtained through our site or pursuant to the Information;
- that access to our site or the Information will be uninterrupted or does not contain any viruses, or contaminating or destructive properties.
- You shall not rely on the Information. We shall not be liable for any damages, loss, costs or expenses arises, directly or indirectly, from your reliance or use (whether authorized or not) of the Information or our site.
9. Linked Websites
- Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
10. Intellectual Property
- The Company is the owner or the licensee of all intellectual property rights in and to the content on our site, and in the material published on it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material (in whole or in part) from our site in any form or by any means without our prior written permission.
- In addition, logos, graphics, scripts, and service names included in or made available through the Site are trademarks of the Company in the United States and other countries. Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits our company. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. All other trademarks not owned by the Company that appear on our site are the property of their respective owners.
- In the event we become aware of any infringement of our intellectual property rights, we shall not refrain from taking any relevant legal action.
- You agree to defend, indemnify, and hold harmless, the company, its officers, directors, employees, agents and affiliates, from and against any claims, actions, demands, liability, damages and/or costs (including without limitation legal fees), arising from your use of our site or the content or your breach of these Terms and Conditions .
- We reserve the right to withdraw any products from our site at any time and/or to remove or edit any materials or content on our site.
- We further reserve the right to amend these terms and conditions at any time without prior notice by updating this page. The revised terms will take effect when they are posted. Continued use of our site will be deemed to constitute acceptance of the Terms and Conditions as may be amended from time to time.
- We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
- You shall not assign or otherwise deal with your rights and obligations under these Terms and Conditions, whether in whole or in part without our written consent.
- These Terms and Conditions apply to all use of our site, and constitute the entire agreement between you and us and supersede all prior agreements, understandings or arrangements relating to the subject matter of these Terms and Conditions. You acknowledge that, in accepting these Terms and Conditions, you have not relied on any representation, undertaking or promise given by us or implied from anything said or written between you and us prior to such Terms and Conditions.
- If any clause in these Terms and Conditions or part thereof shall be found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or other part of such clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the invalid or unenforceable clause or part thereof.
- No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
- These Terms and Conditions shall be governed and construed in accordance with the laws in force in United States. Parties hereby agree to submit to the non-exclusive jurisdiction of United States courts.