TERMS & CONDITIONS
TERMS AND CONDITIONS AND REFUND POLICY FOR HUKA PUFF
Effective Date: July 1, 2023
Last Updated: July 1, 2023
IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE www.HukaPuff.com (the “SITE” or “site”),, WHICH IS PROVIDED BY HUKA PUFF LLC, ITS AFFILIATES OR AGENTS (referred to as “HUKA PUFF,” “COMPANY,” “US,” “WE,” or “OUR” below), AND APPLY TO ALL USERS VISING THE SITE BY ACCESS OR USING THE SITE IN ANY WAY, INCLUDING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE (EACH A “SERVICE”). BY ACCESSING THIS SITE, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SITE, AND/OR PURCHASING PRODUCTS FROM THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE. YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, the Company will make a new copy of the Terms of Service available at the site and any new Supplemental Terms will be made available from within, or through, the affected Service on the site. We will also update the “Last Updated” date at the top of the Terms of Service. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Terms of Sale:
All sales of products are sold FOB Huka Puff dock with risk of loss and title to pass upon shipping regardless of who is paying for the shipping.
You must read and agree to these Terms and Conditions before ordering any products from the Website. By placing your order you agree to be bound by the following Terms and Conditions:
I understand the statements regarding Huka Puff products have not been evaluated by the Food and Drug Administration. Huka Puff products are not intended to diagnose, treat, cure or prevent any disease.
I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that the products listed on this website are not intended or to be used to treat any type of medical condition. I understand that I might be billed under an affiliated business associated with Huka Puff.
Huka Puff is not intended for use by persons under 21 years of age. Consult a physician before using any of our Products if you have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney, or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other medications. If you are pregnant or nursing, please consult a qualified healthcare professional before using Huka Puff products.
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service; (ii) your Submissions to, use of or inability to use, the Company Properties; (iii) your use of the products purchased on the site; or (iv) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees, and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site or the purchase of any products. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service, or your access to Company Properties.
We stand behind the products we manufacture and guarantee that they are brand new, authentic, and in original packaging.
Return and Refund Policy:
All new and unopened products come with a 30-day, money-back guarantee based on the delivery date as provided by the shipper, except for specific product guarantees as advertised on the specific HukaPuff.com product pages and official Huka Puff marketing messaging distributed directly by Huka Puff. To receive a refund or to return products, please contact our customer support team. For all products over 30 days, sales are considered final.
If any products arrive damaged or broken, or part of your order is missing, you must notify the Company within 3 days of delivery. If you receive a delivery notification from Huka Puff and you believe your order was not delivered, you must notify the company in 7 days or you forfeit the ability to request a replacement.
Given the uncertainty and rapid pace of change of relevant laws, Huka Puff makes no representation as to the legality of CBD or other cannabinoids under laws applicable to you. Purchases are at your own risk.
Shipping Options- Huka Puff has partnerships with multiple carriers including FedEx, UPS, and USPS Priority to best serve our customers. Depending on the location of the shipment, Huka Puff will select the best and fastest possible shipping service for your location. (PO BOX delivery addresses will ship with USPS Priority). If offered on the website, customers may upgrade delivery service to Overnight for a fee. In those instances, Huka Puff will ship out with either FedEx or UPS.
Packaging- corrugated boxes, bubble mailers, die-cut mailers, pack mailers, bubble wrap, and feeder paper.
Processing timeframe: 2-3 business days from time payment is processed.
Huka Puff retains the right not to ship to any state or territory.
Any controversy or claim arising out of or relating to your purchase or these terms and conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Limitation of Liability:
Disclaimer of Certain Damages:
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.