Welcome to Still Alive and our website, and shop at www.stillalivesupplyco.com. These Terms and Conditions (these “Terms”) (together with the documents referred to on it) tell you the terms and conditions on which we sell you our merchandise shown on our website (Products).
Please read these Terms carefully before ordering any Products. Please understand that by ordering any of our Products, you agree to be bound by these Terms and that if you refuse to accept these Terms, you will not be able to order any Products from us.
About Us
- We are Still Alive Supply Co. of 300 Lenora Street PMB 678, Seattle WA 98121, USA (“Still Alive”, “we”, “us”, “our”) and we operate the website and shop at www.stillalivesupplyco.com (our “website”).
- To contact us, please use info@stillalivesupplyco.com.
- These Terms were last updated on Monday, November 25th, 2024.
- The following also apply to these Terms and form an integral part of these Terms:some text
- our Privacy Policy
- our Cookie Policy
Eligibility
By placing an order through our website, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old.
How The Contract Is Formed
- Your order constitutes an offer to us to buy a Product.
- After placing an order, you will receive an email from us acknowledging that we have received your order (“Order”). This does not mean that your Order has been accepted.
- All orders are subject to acceptance by us.
- The contract between us (“Contract”) will only be formed when we dispatch the Product.
When Orders Are Not Accepted
- While we do our best to always accept Orders, we can refuse an Order if: some text
- you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
- we discover that there was an error on our website relating to the Products you ordered, such as an incorrect price or description or the Products are out of stock or no longer available.
- If we cannot accept your Order we will contact you and refund you any money you have already paid for such Products.
- Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
Products Descriptions
- We do our best to ensure that the information about our Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order.
- We also reserve the right to modify the information about the Products including their prices, description and availability. However, such changes will not affect Orders accepted by us.
- Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the inaccuracy of any Product description, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
Price And Payment
- The price of the Products and our delivery charges will be as quoted on our website, except in cases of obvious error.
- Product prices and delivery charges are liable to change at any time, but changes will not affect already dispatched Orders.
- We are under no obligation to provide the Product to you at the incorrect lower price, even after we have dispatched the Product, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
- All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
- We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
Returns & Refunds
We are committed to providing high-quality, made-to-order items crafted with care and precision. Because our products are custom-made just for you, we generally do not accept returns or exchanges.
However, we want you to be completely satisfied with your purchase. If there is an issue with your order, such as a defect, damage, or a mistake on our part, please contact us at orders@stillalivesupplyco.com within 7 days of receiving your item.
When reaching out, please include:
- Your order number
- A description of the issue
- Photos of the item, if applicable
We will review your concern promptly and work with you to resolve the issue, whether that involves a replacement, refund, or another solution.
Chargeback
You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any transaction. If you make a card payment through our website, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and/or pursue legal action as the case may be.
Cancellation
- We reserve the right to cancel, at any time before delivery and for whatever reason, any Order that we have previously accepted such as if there is an event beyond our control, or we are unable to supply the Products.
- If we cancel your Order we will contact you and refund you any money you have already paid for such Products.
- Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
Damaged Or Defective Products
- If you have received a damaged or defective Product, please contact us within 7 days of delivery and attach pictures of the damaged item so that the damage can be checked.
- Please do not dispose of the item until you have heard back from us. No complaint can be considered unless clear proof can be given that the Product(s) are faulty or damaged.
- We will respond to all complaints within 5 working days.
Risk And Title
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Special Offers, Discounts, And Promotions
- We reserve the right to change, limit or terminate any special offers, discounts, and promotions at any time without notice.
- All special offers, discounts, and promotions are subject to availability and may require you to accept additional terms and conditions which are hereby expressly incorporated into these Terms.
- We reserve the right to limit certain special offers, discounts, and promotions to one order per customer as defined by their email address and/or credit card address and/or delivery address.
Our Right To Vary These Terms
We reserve the right to revise these Terms at any time. Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and amending the relevant date at the top of this page.
Warranty
- We warrant to you that any Product purchased from us through our website will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
- We will at our option replace or refund the price of Products which you notify us are defective.
- This warranty shall not apply to defects caused by misuse, neglect, accident, improper storage, installation or handling, frost damage, repair or alteration not carried out or authorized by us.
Our Liability
- If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for: some text
- death or personal injury caused by our negligence;
- any breach of the legal terms to title and quiet possession;
- any breach of the legal terms to satisfactory quality, fitness for purpose and description; and
- any breach of the legal terms to defective products.
Communication Between Us
- When we refer, in these Terms, to “in writing”, this will include email.
- If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, normally by email.
- If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your Order.
- Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, or 24 (twenty-four) hours after an email is sent.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:some text
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Binding Arbitration
- If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in Seattle, Washington, online or offline, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA Website www.adr.org.
- Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
- The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
- The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
Class Action Waiver
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.
Waiver Of Jury Trial
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
Electronic Communications, Transactions, And Signatures
- Using our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Services, satisfy any legal requirement that such communication be in writing.
- You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via our Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Other Important Terms
- We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
- These Terms and any document expressly referred to in it constitutes the entire agreement between us.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law provisions.