DEFINITIONS

In these General Terms and Conditions the following terms shall have the following meanings, except where stated otherwise:
Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
Day: calendar day;
Digital Content: data produced and delivered in digital form;
Distance Contract: a contract concluded by Sassy Saints and the Consumer within the scope of an organized system for distance selling products, Digital Content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
Reflection Period: the period during which the Consumer may use his right of withdrawal;
Sustainable Data Carrier: any means, including email, that allow the Consumer or Sassy Saints to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;
Standard Form for Withdrawal: the European standard form for withdrawal included in Appendix;
Sassy Saints B.V. the company, located at Keizersgracht 62, 1015 CS in Amsterdam and registered with the Trade Register of the Dutch Chamber of Commerce under number 78771307; and
Website: name of the website of Sassy Saints, being www.sassysaints.com.

APPLICABILITY

1. These General Terms and Conditions apply to any offer from Sassy Saints and to any Distance Contract concluded by Sassy Saints and the Consumer.
2. Before concluding a Distance Contract, the text of these General Terms and Conditions shall be made available to the Consumer by electronic means in such a way that the Consumer can store it in an accessible manner on a Sustainable Data Carrier. If this is reasonably impossible, Sassy Saints shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent if so requested by electronic means or otherwise without charge, before the Distance Contract is concluded.
3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second paragraph of this Article shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

THE OFFER

1.  Obvious errors or mistakes in the offer are not binding for Sassy Saints.
2. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

THE CONTRACT

1. The contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, Sassy Saints shall promptly confirm receipt of having accepted the offer via electronic means.

RIGHT OF WITHDRAWAL

1. The Consumer can repudiate a purchase contract for a product without giving reasons for a Reflection Period of 30.
2. The Reflection Period referred to in paragraph 1 of this Article starts on the Day the product is received by the Consumer or by a third party appointed by him in advance and who is not the
   carrier, or:
   • a. if the Consumer ordered several products in the same order: the Day on which the Consumer or a third party appointed by him received the last product. Sassy Saints may refuse an order of several products with different delivery dates provided that it clearly informs the Consumer prior to the order process, or
   • b. in case the delivery of a product consists of several batches or parts: the Day on which the Consumer or a third party appointed by him received the last batch or the last part, or
   • c. in case of an agreement about regular delivery of products during a given period: the Day on which the Consumer or a third party appointed by him received the first product.
3. The Consumer can terminate an agreement for services or an agreement for delivery of Digital Content that is not delivered on a physical carrier without giving reasons during 30.
4. The Reflection Period referred to in Article 3 starts on the Day following the conclusion of the agreement.

CONSUMER’S OBLIGATIONS DURING THE REFLECTION PERIOD

1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the
   nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to
   handle a product in a shop.
2. The Consumer is liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in paragraph 1 of this Article.

EXERCISING THE CONSUMER’S RIGHT OF WITHDRAWAL

1. If the Consumer exercises his right of withdrawal he shall notify Sassy Saints unambiguously with the Standard Form for Withdrawal within the Reflection Period.
2. The Consumer shall return the product or deliver it to (the authorized representative of) Sassy Saints as soon as possible but within 14 Days. This need not be done if Sassy Saints offered
   to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the Reflection Period.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by Sassy Saints.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product.
6. If performance of the service has been started during the Reflection Period, the Consumer shall pay Sassy Saints an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.

OBLIGATIONS OF SASSY SAINTS IN CASE OF WITHDRAWAL

1. If Sassy Saints makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. Sassy Saints shall reimburse all payments made by the Consumer, including any delivery costs that Sassy Saints may charge for the returned product, as soon as possible but within 14 Days following the Day on which the Consumer notified him of the withdrawal. Unless Sassy Saints offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
3. Sassy Saints shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, Sassy Saints need not reimburse the additional costs for the more expensive method.

PRICING

1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to paragraph 1 of this Article, Sassy Saints may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of Sassy Saints, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if Sassy Saints has stipulated it and
   • a. they are the result of legal regulations or stipulations, or
   • b. the Consumer has the authority to cancel the contract before the Day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT.

PERFORMANCE AGREEMENT AND EXTRA GUARANTEE

1. Sassy Saints guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the Day the contract was concluded. If agreed, Sassy Saints also guarantees that the product is suitable for other
   than normal use.
2. In any event no claim can be made on paragraph 1 of this Article (i) in case of damage caused deliberately or with gross negligence, (ii) in case of normal wear and/or (iii) in case of damage from improper care or handling.
3. An extra guarantee offered by Sassy Saints, his supplier, manufacturer or importer shall never affect the rights and claims the Consumer may exercise against Sassy Saints about a failure in the fulfilment of the obligations of Sassy Saints if Sassy Saints has failed in the fulfilment of his part of the agreement.
4. ‘Extra guarantee’ is taken to mean each obligation by Sassy Saints, his supplier, importer or manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

DELIVERY AND EXECUTION AGREEMENT

1. Sassy Saints shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address which the Consumer has provided to Sassy Saints.
3. The Consumer shall provide Sassy Saints with the correct delivery address and mail address. Any changes need to be reported immediately to Sassy Saints. If the Consumer has entered a wrong address for delivery, then the additional shipping costs will be for the account of the Consumer.
4. Delivery takes place while supply lasts.
5. The ownership of delivered products will be transferred to the Consumer upon payment of the sum due. The risk of the products passes upon delivery to the Consumer.
6.  Sassy Saints shall execute accepted orders with convenient speed but at least within 7 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 7 days after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
7. After repudiation in conformity with paragraph 6 of this Article, Sassy Saints shall promptly return the payment made by the Consumer.
8. The risk of loss and/or damage to products will be borne by Sassy Saints until the time of delivery to the Consumer or a representative appointed in advance and made known to Sassy Saints, unless explicitly agreed otherwise.

PAYMENT

1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 Days after the Reflection Period, or, if there is no Reflection Period, within 14 Days, after concluding the agreement. In case of an agreement to provide a service, this period starts on the Day that the Consumer received the confirmation of the agreement.
2. The Consumer has the duty to inform Sassy Saints promptly of possible inaccuracies in the payment details that were given or specified. Payment orders at the bank or giro institute are for the account and risk of the party giving (or authorizing) the payment order.

ACCOUNTS AND REGISTRATION

1. The Consumer can create an account or otherwise register on the Website. Sassy Saints reserves the right to refuse or cancel any such registration, for example in the event of irregularities.
2. The login details are strictly personal and must not be disclosed to third parties. The Consumer is responsible for his login details, even if this is done without his knowledge.
3. The Consumer shall immediately alert Sassy Saints if he suspects that his login details are known by an unauthorized third party or in the event of irregularities.
4. The Consumer may not create or manage more than one account. Moreover, the Consumer shall not be allowed to register or manage an account (again) after Sassy Saints has denied the request of the Consumer to create an account or after cancellation of the registration.

FORCE MAJEURE

Sassy Saints and the Consumer are not obliged to fulfill any obligation, if they are prevented from doing so due to a circumstance not attributable to fault and which is not regarded as their responsibility, nor by virtue of the law, a legal action or a generally accepted notion.

COMPLAINTS PROCEDURE

1. Sassy Saints shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of contracts shall be filed as soon as possible once the Consumer has noticed the defects, comprehensive and clear with Sassy Saints.
3. The complaints submitted to Sassy Saints shall be replied within a period of 7 dagen after the date of receipt. Should a complaint require a foreseeable longer time of handling, Sassy Saints shall respond within 7 dagen with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

PRIVACY AND SECURITY

1. Sassy Saints respects the privacy of the Consumer. Sassy Saints treats and processes all personal data transmitted to it in accordance with the applicable legislation, in particular the Personal Data Protection Act. The Consumer agrees to this processing. For the purpose of protecting the Consumer’s personal data, Sassy Saints observes appropriate security measures.
2. For more information about privacy, reference is made to the Website of Sassy Saints.

ADDITIONAL PROVISIONS

1. Any possible derogations in respect of these General Terms and Conditions may be agreed upon only in writing. No rights can be derived from these deviations with regard to future agreements.
2. The administration of Sassy Saints serves as proof of purchase orders and requests of the Consumer, unless the Consumer proves otherwise. The Consumer acknowledges that electronic communication can serve as proof.
3. Sassy Saints is entitled to transfer the rights and obligations under the contract with the Consumer to a third party, by a single notification to the Consumer.
4. In case and to the extent that any provisions of these General Terms and Conditions are cancelled or declared invalid, Sassy Saints shall draw up a new provision to replace the null/nullified provision, duly observing as much as possible the object and purpose of the annulled provision.
   
   

 

Dispute Resolution and Binding Arbitration.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Application. You and Ekster agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 12 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including your purchase and use of any product or services; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

(b) Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. Before taking any formal action, you will contact us at ATTN: 228 East 45th Street Suite 9E, New York, NY 10017, United States of America with a copy to legal@ekster.com, and provide your name, a brief, written description of the dispute, your contact information and a description of the specific relief you seek.  Before we take any formal action against you, we will notify you via the contact information we have on file associated with your account/purchase with a brief description of the dispute and next steps. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.     

(c) Binding arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in Section 12(h)) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach) shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.

(d) Arbitrator’s powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator’s award shall be written and shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

(e) Filing a Demand. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) contact JAMS and follow the appropriate procedures with JAMS to commence the arbitration (c) send one copy of the Demand for Arbitration to us at: ATTN: 228 East 45th Street Suite 9E, New York, NY 10017, United States of America with a copy to legal@ekster.com.

Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration shall be initiated in the New York, New York, United States, and you and Ekster agree to submit to the personal jurisdiction of any federal or state court in the such location, with such federal or state court applying the laws of the State of New York, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

(f) Waiver of Class or Non-Individualized Relief. BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND EKSTER ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS YOU AND EKSTER OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CANNOT AFFECT OTHER EKSTER CUSTOMERS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim for relief, and only that claim for relief, must be severed from the arbitration and brought into the state or federal courts located in New York County, New York. All other claims shall be arbitrated.

(g) Waiver of Jury Trial. BY ENTERING INTO THESE TERMS, YOU AND ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIMS(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND EKSTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

(h) Exception: Litigation of intellectual property and small claims court claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may seek injunctive or other equitable relief or bring enforcement actions, validity determinations or claims arising from or relating to the unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

(i) 30-day right to opt out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to legal@ekster.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT OUT” and your first and last name and email address associated with your account and stating your intent to opt-out. The notice must be sent within thirty (30) days of (a) the effective date of these Terms; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Ekster also will not be bound by them.

(j) Changes to this Section. If we make any material changes to this Section 12, you may reject any such change by sending us written notice within 30 days of the change to the contact information set forth in Section 12(i). It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of this Section within the first 30 days after you first accepted these Terms. If you have not properly opted out of this Section after such first 30 days, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.

(k) Severance of Arbitration Agreement. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. 

(l) Survival. This Section shall survive any termination of the Terms or of your use of the Services. This Arbitration Agreement will continue to apply even if you or we close your Ekster account.

(m) Federal and State Courts in New York. Except to the extent that arbitration is required, and except as to the enforcement of any arbitration decision or award or with respect to excluded claims set forth in Section 12(h), any action or proceeding may only be instituted in state or federal court in New York County, New York. Accordingly, you and Ekster consent to the exclusive personal jurisdiction and venue of such courts for such matters.

APPLICABLE LAW

These General Terms and Conditions, and any non-contractual obligations arising thereto, between Sassy Saints and the Consumer are governed exclusively by the laws of The Netherlands.

 

Mobile Terms of Service

Sassy Saints

Last updated: July 14, 2022

The Sassy Saints mobile message service (the "Service") is operated by Sassy Saints (“Sassy Saints”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Sassy Saints’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Sassy Saints through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sassy Saints. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to SassySaints or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Sassy Saints mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email ramey@sassysaints.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.