TERMS

Tennae Cloud Standings LLC | 19410 HWY 99 STE A #229 Lynwood WA 98036, USA

Last Updated: April 18, 2023

PLEASE REVIEW THE SALES, SHIPPING, REFUND AND RETURN POLICIES BELOW BEFORE PURCHASING MERCHANDISE ON discgadgetniche.com (“WEBSITE”). THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF MERCHANDISE FROM THE WEBSITE (“MERCHANDISE”). BY ACCEPTING THESE TERMS AND CONDITIONS THROUGH THE COMPLETION OF YOUR PURCHASE, SELECTION OF A METHOD OF PAYMENT, AND YOUR ENTRY OF PAYMENT METHOD INFORMATION, YOU HEREBY AUTHORIZE discgadgetniche.com (“Disc Gadget Niche,” “WE”, “US,” AND “OUR”) TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF MERCHANDISE.

THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.

  1. Ordering Merchandise through the Website. If you have any questions please contact Our Customer Service Department toll-free at 8334480563 or email us at support@discgadgetniche.com. Our Customer Service Department is open 8am to 8pm M-F and 9am-3pm Saturday, EST.

    All orders placed through the Website are subject to Disc Gadget Niche’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. Disc Gadget Niche may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Disc Gadget Niche, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department at 8334480563 or support@discgadgetniche.com. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms of our shipping policies, which are summarized herein.

    While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:

    1. Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

    2. Orders that appear to be shipped to a freight forwarding company for reshipment.

    3. Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:

    • Incorrect credit or debit card information such as card number, expiration date and card security value;

    • Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);

    • Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.

    1. Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.

    2. Orders connected to previous credit card disputes.

    If your order has been processed and shipped, you may return the Merchandise you ordered pursuant to the terms of our Refund & Return Policy, which is summarized in Section VIII below.

  2. Arbitration Agreement and Class Action Waiver. Except where prohibited by law, you and Disc Gadget Niche agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Website, the information, services, software functionality, and/or materials (“Services and Materials”) published by Disc Gadget Niche on or through the Website, any transaction or relationship between us resulting from your use of our Website, communications between us, or the purchase, order, or use of our Merchandise, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and Disc Gadget Niche agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Disc Gadget Niche further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.

    BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Disc Gadget Niche will reimburse you for any standard filing fee which may have been required by AAA once you have notified Disc Gadget Niche in writing and provided a copy of the arbitration proceedings. However, if Disc Gadget Niche is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Disc Gadget Niche. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.

    There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Disc Gadget Niche and may not preside over any kind of representative or class proceeding against Disc Gadget Niche, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Disc Gadget Niche, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR RECEIPT OF YOUR FIRST ORDER OF THE PRODUCT.

  3. All Purpose Readynow Cleaner Trial Offer. By placing an order, I agree to the terms and conditions and privacy policy as well as enrollment into our monthly auto-ship program where you will immediately be billed the introductory price of $6.95 and we will immediately ship you a All Purpose Readynow Cleaner of Disc Gadget Niche. You have a 15 day trial period. Your trial will begin upon receipt of Disc Gadget Niche. After your Disc Gadget Niche trial (15 days) has ended, your credit card will then be automatically charged the full retail price of $119.97 and you will be shipped a recurring supply of Disc Gadget Niche every 30 days unless you take action to cancel your trial. For all MasterCard transactions ONLY, within 7 DAYS, you will receive an email requiring your response to activate the monthly auto-ship program. If you are happy with Disc Gadget Niche, you are required to consent to the monthly auto-ship program in order to receive additional Disc Gadget Niche. You will be charged $119.97 for each recurring product that has shipped to you until you cancel. If our product is not right for you, simply call 8334480563 8am to 8pm M-F and 9am-3pm Saturday, EST, or contact us via email at support@discgadgetniche.com, or click on the Refund and Cancellation to cancel your auto-ship membership. Shipment via USPS typically takes 4 DAYS. Your credit card will be billed as "discgadgetniche.com" on your statement.

  4. Merchandise Offers and Modifications. Our Merchandise is offered in varying packages for purchase as follows:

    • Origami-Based Foldable Kitchen of Disc Gadget Niche for $38.71 S&H at no cost.
    • Megatron Oil Steals of Disc Gadget Niche for $129.94 S&H at no cost.
    • Bone Folder Tool of Disc Gadget Niche for $19.99 S&H at no cost.
    • Portable Paper Cutter of Disc Gadget Niche for $49.97 S&H at no cost.
    • Green 6 x 6 Inches Square Origami Paper of Disc Gadget Niche for $9.97 S&H at no cost.
    • Origami Kit for Kids of Disc Gadget Niche for $8.97 S&H at no cost.
    • 11 Pieces Paper Quilling Tools of Disc Gadget Niche for $6.97 S&H at no cost.
    • Lifestyle Pro Pack 3 day Supply of Disc Gadget Niche for $28.71 S&H at no cost.
    • Blue Lotus Oil (M) of Disc Gadget Niche for $149.94 S&H at no cost.
    • Blue Lotus Oil (L) of Disc Gadget Niche for $179.97 S&H at no cost.
    • Blue Lotus Oil (XL) of Disc Gadget Niche for $189.94 S&H at no cost.
  5. Payments. Disc Gadget Niche offers several methods of payment for you to purchase Merchandise including, but not limited to, credit cards and debit cards.

    Disc Gadget Niche reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to purchase Merchandise from the Website. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card might have been used in a fraudulent manner to purchase Merchandise, please contact our Customer Service Department at 8334480563 or support@discgadgetniche.com.

    By ordering Merchandise from Disc Gadget Niche, you authorize Disc Gadget Niche to charge your debit or credit card accordingly. Please be aware that the descriptor (or subject line) that appears on your debit or credit card entry will refer to "discgadgetniche.com". If you have any questions about the descriptor on your credit card statement, you should call our Customer Service Department toll-free at 8334480563 or support@discgadgetniche.com.

  6. Taxes. All orders are subject to applicable taxes in the states to which they are shipped.

  7. Shipping Policy. All orders are shipped via USPS First Class Mail or by UPS mail to the address you provide at the point of sale. We ship within 1-2 days of when you place your order. Orders placed on the weekend will be shipped the following business day. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times, but you will receive the product within 3-5 days from purchase.

  8. Refund & Return Policy. If at any time you are not satisfied with the Merchandise for any reason, you may call our Customer Service Department toll-free at 8334480563 or email us at support@discgadgetniche.com and request a refund. All requests for refunds will be handled by customer service on a case by case basis, may require a return of unused Merchandise, and may not be available if more than 30 days have passed from the date the customer received the Merchandise. When emailing us, please include your full name and address, as well as the name of the Merchandise that you ordered. More stipulations to our refund policy are as follows:

    1. Customers are restricted to receiving a single refund per Merchandise ordered. Repetitive refunds are not permitted unless the Merchandise, as delivered to you, is defective. Disc Gadget Niche reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in Disc Gadget Niche’s judgment, requests refunds in bad faith.

    2. In order to process your refund, you must supply Disc Gadget Niche with your name and delivery address. If you provide us with insufficient or incorrect information, your refund will be delayed.

    3. Depending on the bank that issues the credit or debit card you used, your refund can take up to seven (7) days to appear on your credit or debit card statement. If you have any questions about whether a refund has been issued by Disc Gadget Niche, please call our Customer Service Department toll-free at 8334480563.

    Please note that we are not responsible for any returned Merchandise that gets lost or stolen while in transit to us. We recommend all returned Merchandise be sent using some type of delivery confirmation system to ensure proper delivery. Failure to use the Merchandise does not constitute a basis for refusing to pay any associated charges.

    Return Address: The Fulfillment Lab 5136 West Clifton Street, Tampa FL 33634

  9. Billing Errors. If you believe that you have been erroneously billed, please notify our Customer Service Department toll-free at 8334480563 8am to 8pm M-F and 9am-3pm Saturday, EST immediately of such error.

  10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Disc Gadget Niche AND AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR ANY PRODUCT OR USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION, LIABILITY FOR A PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. IN NO EVENT WILL Disc Gadget Niche OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, Disc Gadget Niche AND ITS AFFILIATES ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY.

  11. Disclaimer of Warranties. Disc Gadget Niche AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THE MERCHANDISE AVAILABLE FOR SALE ON THE WEBSITE. EACH PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REGARDING THE MERCHANDISE, Disc Gadget Niche AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.

  12. Governing Law. These Straight Sale Terms and Conditions shall be governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. These Straight Sale Terms and Conditions are not enforceable by any party except for Disc Gadget Niche and its customers. If any provision of these Straight Sale Terms and Condition is found not to be enforceable, that term will be deleted and all other terms will remain.

  13. Billing & Customer Support. We welcome all support inquires by the following methods:

    Phone Support: 8334480563

    Email Support: support@discgadgetniche.com

    Customer service 8am to 8pm M-F and 9am-3pm Saturday, EST. When emailing us, please include your full name and address, as well as the name of the Product(s) that you ordered.

Disc Gadget Niche © 2024
Tennae Cloud Standings LLC | 19410 HWY 99 STE A #229 Lynwood WA 98036, USA
Phone Number: 8334480563 | Email address: support@discgadgetniche.com