TERMS & CONDITIONS
Agreement between user and danipepper.com
Welcome to danipepper.com. The danipepper.com website (the “Site”) is comprised of various web pages operated by Dani Pepper danipepper.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of danipepper.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. danipepper.com is a E-commerce Site that provides high quality, dietary supplements and skin care products made from hemp oil with a high CBD cannabidiol content. These products include tincture, gum, oil, crèmes, and balms.
Privacy
Your use of danipepper.com is subject to Dani Pepper’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting danipepper.com or sending emails to Dani Pepper constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
PLEASE NOTE: if you are located in the USA with an order of $500.00 or more, or if you are an international customer with an order of $200.00 or more, we will need an order confirmation (by phone or email) stating that you approve of this purchase. This additional step is for your protection. You can expect an email from one of our customer service representatives regarding this – or please free to email us with your order number and purchase confirmation to support@danipepper.com.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Dani Pepper is not responsible for third party access to your account that results from theft or misappropriation of your account. Dani Pepper and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Dani Pepper does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use danipepper.com only with permission of a parent or guardian.
Shipping Policy
We ship orders from our warehouse Monday through Friday from 9am-4pm (Pacific Time). Orders placed on our website will ship out the next business day.
Products are sent through the United States Postal Service. Once an order is placed you will be sent tracking information, so you can follow your purchase all the way to your doorstep.
Additionally, Dani Pepper is not responsible and will not issue refunds for any international shipments that are lost or taken by customs. If you have any questions about this policy, please contact us, we would be happy to hear from you at support@danipepper.com.
Dani Pepper Subscription terms
1. Scope and use of the subscription
The subscription grants the Customer (being the legal entity that has taken out the subscription) the right to use Dani Pepper subscription services (“the Services”). The subscription may not be used by other people or organizations.
2. Acceptance of the subscription
The subscription terms for the Services are accepted by the Customer by checking the subscription box on the product page, and confirming the acceptance on the cart page, to finalize the agreement of the terms and conditions.
3. Duration and termination of the subscription
The monthly annual subscription begins from the date of the first order of the product when the customer choose the subscription and can run until the customer cancels the subscription.
The monthly annual subscription may be terminated by email to support@danipepper.com one month before the expiry of the subscription. The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.
The Customer may terminate any subscription free of charge within two weeks of placing the first order for the subscription.
In the event of the Customer filing for bankruptcy, the subscription will be terminated, and all Services will be terminated immediately, unless otherwise specifically agreed in writing between the Parties.
4. Alternative to subscription
Dani Pepper is also available as a scheduled event with a fixed start and end date and time, by contacting support@danipepper.com.
5. Price and payment terms
Dani Pepper pricing for each product will vary and is clearly displayed on each product page and again on the cart page, monthly subscriptions have a price guaranteed of one year. There will be no price increase to your subscription during that time, however you may see shipping cost fluctuate due to the shipping providers.
Payment will be made at the time of purchase and will be applied to your credit card monthly on your anniversary date until you have cancelled your subscriptions.
The Customer agrees to the use of e-mail (using an e-mail address specified by the Customer) entering into a subscription agreement, for receipts, promotional materials and any other customer related services or reminders.
6. Liability
Dani Pepper has taken reasonable measures to ensure that the products provided GMP Certified and third party tested to ensure quality control.
7. Data Processing Agreement, privacy policy and
Confidentiality
Dani Pepper has taken the necessary technical and organizational security measures to prevent information saved by the Service from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in a way contrary to our policies.
Dani Pepper is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
8. Marketing
Dani Pepper shall be entitled to refer to the Customer and the Services provided in its marketing, including a brief description of such services.
9. System changes and feature updates
Dani Pepper informs its users of any service platform system changes, feature updates, and other technical news by e-mail. Therefore, all registered users on the Dani Pepper, accept that they are added to the technical newsletter mailing list.
10. Entire Agreement
These Terms together with the selection of subscription gathered on the Dani Pepper website, bind the customer and the seller to fulfil the entire agreement between both Parties and supersede all previous correspondence or communications whether written or oral.
The terms may be required to be updated from time to time and Dani Pepper will inform their customers no less than 20 days’ written notice of such amendments and all such amendments will apply to the next renewal of the subscription.
11
. Disputes
Disputes will be handled through support@danipepper.com and all disputes will be reviewed by the company to ensure our customers are satisfied with their products and service.
The Subscription Contract Between You And Us
Dani Pepper may offer various subscription types: including rebillable monthly subscriptions (“Month-to-Month Rebillable Subscriptions”); prepaid three, six or twelve month subscriptions (“Prepaid Subscriptions”); rebillable monthly subscriptions with a commitment of three months (“3-Month Subscription”), six months (“6-Month Subscription”) or twelve months (“12-Month Subscription”) (collectively “Monthly Subscriptions With Commitment”) and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”).
Automatic Renewal Terms
With respect of Dani Pepper subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, Dani Pepper may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Dani Pepper reasonably could act. Information on how to cancel is described below.
Month-to-Month Rebillable Subscriptions
By purchasing a Month-to-Month Rebillable Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Dani Pepper after the expiration date of your payment card.
Automatic Monthly Renewal Terms
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Month-to-Month Rebillable Subscription renewal.
Cancellation Policy For Month-to-Month Rebillable Subscription Renewals
To cancel your Month-to-Month Rebillable Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message on chat and we will do it for you, or (iii) call and speak with one of our Customer Support Representatives who can help you cancel. If you cancel, you will not be rebilled during your next monthly billing cycle.
Prepaid Subscriptions
By purchasing a Prepaid Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for the applicable length of service (three, six or twelve months) and a recurring Prepaid Subscription renewal fee at the then-current applicable Prepaid Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Dani Pepper after the expiration date of your payment card.
Automatic Renewal Terms
With respect of Dani Pepper subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, Dani Pepper may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Dani Pepper reasonably could act. Information on how to cancel is described below.
Cancellation Policy For Prepaid Subscriptions Renewals
To cancel the renewal of your Prepaid Subscription, at any time after you were billed for the then-current term, you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message on chat and we will do it for you, or (iii) call and speak with one of our Customer Support Representatives who can help you cancel. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
Monthly Subscriptions With Commitment
If You have a Prepaid Subscription, you will receive notice whether, Monthly Subscriptions With Commitment terms apply to You when your plan renews.
By purchasing a Monthly Subscription With Commitment, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Dani Pepper after the expiration date of your payment card.
Automatic Monthly Subscriptions With Commitment Renewal Terms
Your subscription will be automatically renewed for successive three, six or twelve month periods, as applicable, and your payment method will automatically be charged for each successive subscription term period at the then-current subscription rate until you cancel your subscription.
Cancellation Policy for Monthly Subscriptions With Commitment Renewals
- To cancel your 3-Month Subscription renewal for the following three months, at any time, you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message on chat and we will do it for you, or (iii) call and speak with one of our Customer Support Representatives who can help you cancel. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
- To cancel your 6-Month Subscription renewal for the following six months, at any time, you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message on chat and we will do it for you, or (iii) call and speak with one of our Customer Support Representatives who can help you cancel. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
- To cancel your 12-Month Subscription renewal for the following twelve months, at any time, you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message on chat and we will do it for you, or (iii) call and speak with one of our Customer Support Representatives who can help you cancel. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
Gift Cards
TREAT GIFT CARDS LIKE CASH! All gift cards are final sale, non-refundable and not returnable. They cannot be combined with any other offers or discounts, and cannot be redeemed for cash. Please note gift cards are non-transferable and any lost gift certificate cards or codes cannot be replaced. Value expires after five (5) years from the original purchase date.
Gift Subscriptions
For Gift Subscriptions, the subscription will NOT be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.
Changes To The Price And To Dani Pepper Subscriptions Plans
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Dani Pepper Subscriptions Plans will take effect following notice to you.
Price Match Guarantee Policy
Only applies to Dani Pepper oil and CBD Gummies The product you’re comparing must meet the following criteria to qualify:
- Must be like for like in terms of milligrams of hemp-derived CBD, and milliliters or grams.
- Must be priced in US Dollars and include, fees, shipping costs and other charges.
- Must be sold and shipped by a retailer AND authorized dealer located within the United States of America.
- The product must be in stock, available for sale, and cannot be a limited time offer, pre-order, or available only in limited quantity.
- The product’s price must not be lower due to an advertising error, misprint, or special sale price.
The following types of sellers do not qualify for a price match:
- Marketplace sellers on websites such as Amazon or eBay.
- Any sellers whose products are liquidated.
Special sale prices include: VIP SALE, Black Friday, Friends and Family, Cyber Monday, Boxing Day/Week, Boxing Day in Summer, pre-orders, special educational prices, restricted offers, mail order offers, rebates, coupons, premiums, free or bonus offers, Original Equipment Manufacturer (OEM) prices, open box products, close-outs, liquidations, clearances, demos, refurbished items, open box items, and financing offers.
Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site and the App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site or the App will be available.
Goods and Services Tax
Danipepper.com is not responsible for any additional charges that your government applies to the shipment in regards to import fees (Goods and Services Tax or Value-added tax). If the tariff dues go unpaid, your package will be returned to us, and a refund will not be applied.
Links to third party sites/Third party services
danipepper.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Dani Pepper and Dani Pepper is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dani Pepper is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dani Pepper of the site or any association with its operators.
Certain services made available via danipepper.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the danipepper.com domain, you hereby acknowledge and consent that Dani Pepper may share such information and data with any third party with whom Dani Pepper has a contractual relationship to provide the requested product, service or functionality on behalf of danipepper.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use danipepper.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Dani Pepper that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dani Pepper or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Dani Pepper content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dani Pepper and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dani Pepper or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Dani Pepper has no obligation to monitor the Communication Services. However, Dani Pepper reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Dani Pepper reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Dani Pepper reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dani Pepper’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Dani Pepper does not control or endorse the content, messages or information found in any Communication Service and, therefore, Dani Pepper specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Dani Pepper spokespersons, and their views do not necessarily reflect those of Dani Pepper. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to danipepper.com or posted on any Dani Pepper web page
Dani Pepper does not claim ownership of the materials you provide to danipepper.com (including feedback and suggestions) or post, upload, input or submit to any Dani Pepper Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Dani Pepper, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Dani Pepper is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dani Pepper’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Dani Pepper account to third party accounts. By connecting your Dani Pepper account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Using Our Products
Dani Pepper will not be held liable to the results hereafter the use of our products. By taking the product, you are fully oriented of the indications, proper handling, and proper usage of the products, and you acknowledge and agree to the risks that may come herewith. Inclusive are health effects, allergic reactions, physiological changes and effects, body reactions, and any loss or damages that may occur thereafter. Herewith includes, any results found through the conduction of drug tests and any medical tests relating to the products.
International Users
The Service is controlled, operated and administered by Dani Pepper from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dani Pepper Content accessed through danipepper.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Dani Pepper, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dani Pepper reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dani Pepper in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DANI PEPPER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. DANI PEPPER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DANI PEPPER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DANI PEPPER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DANI PEPPER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Dani Pepper reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in the EU in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dani Pepper as a result of this agreement or use of the Site. Dani Pepper’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dani Pepper’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dani Pepper with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dani Pepper with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dani Pepper with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Arbitration Agreement
AAXLL Supply Co LTD, including our affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and AAXLL Supply Co LTD, regarding any aspect of your relationship with AAXLL Supply Co LTD, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and AAXLL Supply Co LTD agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and AAXLL Supply Co LTD, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any and all claims between you and AAXLL Supply Co LTD in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any products or services provided by AAXLL Supply Co LTD, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and AAXLL Supply Co LTD retains the right to sue in small claims court and (ii) each of you and AAXLL Supply Co LTD may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and National Geographic Partners also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and AAXLL Supply Co LTD. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Arbitration Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).
Governing Law
This Agreement will be governed by, and construed in accordance with, the laws of the European Union, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and AAXLL Supply Co LTD agree to submit to the exclusive jurisdiction of the courts located in Barcelona, Spain to resolve any Dispute arising out of this Agreement or the Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE NG SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
FDA Disclaimer
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.
Changes to Terms
Dani Pepper reserves the right, in its sole discretion, to change the Terms under which danipepper.com is offered. The most current version of the Terms will supersede all previous versions. Dani Pepper encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Dani Pepper welcomes your questions or comments regarding the Terms:
Charge Descriptor on CC statement will show as BalanceSupply442037468770
Any dispute will be handled in the EU.
United States Address
AAXLL Supply Co LTD
58 West Portal Ave #510
San Francisco, CA 94127-1304
United States
Company Registration Number/VAT: 35-2660440
+1 (415) 529-5004
United Kingdom Address
AAXLL Holdings Limited
71-75 Shelton Street
London, Greater London
United Kingdom, WC2H 9JQ
Company Registration Number: 12014719
+44 1273 005141
European Union Address
AAXLL Supply Co LTD
Virgen Aldama, S.L. B66598996
Ronda Sant Pau 47, local 1, 08015
Barcelona, Spain
Company Registration: NI667640
+44 2037 468770
Hours of Operation:
Monday to Friday
9am – 5pm PST
(Do not send any return packages here: Please contact support@danipepper.com and we will send you the appropriate address for any returns)
Effective as of June 9th, 2021