Terms & Conditions

Introduction

Welcome to our website punkyjunky.shop (the “Site”) owned and operated by Punky Junky® Gel, Cera Gel. Please read these Terms and Conditions carefully before using this Site so that you are aware of your legal rights and obligations with respect to Punky Junky® Gel, Cera Gel, its affiliates and subsidiaries (collectively “Punky Junky”).

The following Terms and Conditions apply when you view or use the Site via any device, including computers, laptops, tablets, phones, or any other internet-capable device (collectively, “Device”).

Your Acceptance of Terms

By using the Site or purchasing our products or services, you agree to be bound by:(i) these Terms; (ii) our Privacy Policy and Cookie Policy; and (iii) any additional terms, rules, or guidelines applicable to certain services and features which we may post from time to time (collectively the “Terms”). All of these policies are incorporated herein by reference.

It is important you read the Terms carefully before using the Site. Please print a copy for your records.

If at any time you do not agree with these Terms, you must immediately stop using the Site.

Changes to Terms

Punky Junky reserves the right, within its sole discretion, to amend or replace the full set of Terms, or any part or section, without prior notice to you. The latest Terms will supersede any prior agreements.

We will notify registered users of any changes by posting the revised Terms on the Site. We will also update the “Last Updated” date at the top of the page. Any changes become effective immediately when we post the revised Terms on the Site. Your continued use of the Site following the posting of any changes constitutes your acceptance of the revised Terms. For unregistered users, please review these Terms regularly prior to using the Site to ensure you are aware of any changes.

Products, Content and Specifications

Our products and services along with details of pricing, product descriptions and specifications are set out on the relevant pages of the Site.

Any weights, sizes, capacities, dimensions, performances, descriptions, colors and other specifications on the Site are approximate only unless expressly stated otherwise. Pictures and descriptions posted are for illustration and general information purposes only and actual products and services may differ.

We make every effort to ensure that information on the Site is accurate and up to date. Unfortunately, the inaccurate representation of products and/or services including pricing, images, availability, and product descriptions may occur on the Site from time to time. We do not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If you find an inaccurate or incomplete description or price of a product or service offered on the Site, please report it to us immediately.

Punky Junky is not liable for any inaccuracies or misrepresentations including prices, product images, descriptions or availabilities. We reserve the right to refuse or cancel any orders in the event of pricing or other errors and to make changes to prices, descriptions or availability without notice.

Prices on the Site will vary and those displayed at the time you place your order determine the price you pay. If we discover an error in the price of any goods or services you ordered, we will give you the option of reconfirming your order at the correct price (and credit or debit card transactions will be corrected accordingly), or cancelling your order. If we are unable to contact you or do not receive a response within a reasonable time frame, we reserve the right to treat your order as cancelled.

Purchase of Products & Services

You may purchase goods and services described on the Site by following the procedures set out on the Site and providing us with your purchase and payment information.

Any software made available for you to download from the Site (the “Software”) is the copyrighted work of Punky Junky and/or its suppliers or licensors. Use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software.

We will notify you by email when your credit/debit card has been successfully charged or we cannot process your order for any reason. We aim to provide updates on order progress regularly wherever possible.

Please note that any delivery timeframes set out on the Site are approximate only and are estimates based on information provided by our suppliers and carriers. Whilst we aim to deliver all purchases within the timeframes set out on the Site, we do not guarantee or warrant delivery within such timeframes. We will not be liable for any loss, expense, damage or delay caused by late delivery.

No warranty is given with respect to deliveries. Risk of loss and title passes to you on delivery. You are responsible for examining all packages upon delivery and registering any complaints with the carrier and contacting us immediately if packages appear tampered with or damaged. If you receive a damaged package, you should refuse delivery and immediately contact customer service regarding a replacement shipment.

All packaging must be saved until the item is inspected. If the damage resulted from shipping, a claim should be filed with the carrier and we will assist you with processing this claim, if necessary.

We ship products globally to many countries. Therefore, you are responsible for compliance with applicable laws for customs duties, import taxes or fees, value added taxes, and any other taxes, fees, or dues imposed by your country. Please check with your local customs office for details on estimated taxes and fees that may apply to purchases on the Site.

Taxes and duties (if applicable) are not included in your shipping quote and will not be charged to your credit card or refunded. You are responsible for paying these fees directly to customs, if they apply.

Cancellations, Returns & Refunds

Generally, any products purchased on the Site can only be returned in accordance with the specific refund or return policy applicable to an individual product and set out on the relevant page of the Site.

Orders cancelled prior to shipment are eligible for a full refund. Please allow for up to 10 business days for refunds on cancelled orders to be processed. No refunds will be provided after an order ships, subject to consumer rights in your jurisdiction.

Products and services purchased may generally be returned or exchanged in accordance with our Return Policy stated below.

Some products and services available on the Site are sold on a non-return and/or non-refundable basis as clearly stated in the applicable Return Policy. An example of a typical non-return or non-refundable item includes products or services related to insurance, travel, customized products, special orders or closeouts.

It is your responsibility to read the Return Policy applicable to any item prior to making a purchase. If no Return Policy is stated, then the general Return Policy will apply subject to any statutory rights you have in your jurisdiction.

If you purchase services, custom products, or digital downloads from the Site, any amount charged for these purchases are not refundable according to the general Return Policy below. Please ensure you review the applicable policies prior to purchase.

General Return Policy

All return requests must be initiated within 30 days of the date you received the product, unless a longer return period is specified in writing at the time of purchase.
To be eligible for return, products must be in brand new and unused condition, with original tags and labels attached. We reserve the right to refuse the return of any item that has been used, worn, washed, or is missing security tags and/or original packaging.
To return an item, please contact us to obtain a Return Authorization Number. You can reach us at [email protected]. Please allow up to 10 business days for us to process a return request and issue a Return Authorization Number.
Returned items must be shipped back within 30 days of the date the Return Authorization is issued. It is recommended that all returns be shipped via traceable and insured delivery method in order to limit liability for lost or damaged packages. Purchaser is responsible for both return shipping costs and freight charges associated with original shipment of all products being returned.
Refunds may take 2 to 3 weeks to process once the items have been received and inspected. Refunds will be processed using the same payment method as the original purchase.
Sale and discounted items may be returned for store credit only within 30 days, unless defective. Store credit will be issued at the discounted price paid.
Final sale items are nonreturnable. Please choose carefully as we are unable to accept returns and provide refunds or exchanges on these items.
Gifts purchased on punkyjunky.shop can be returned by the gift giver in accordance with the general Return Policy above. The refund/credit will be issued to the original purchaser only.
We reserve the right to refusereturns or exchanges without a valid Return Authorization Number.
All returns are inspected upon receipt. If returned products are found to be damaged or used, we reserve the right to refuse the return or issue a partial refund as circumstances warrant.

Please contact us if you believe your return qualifies for a refund under warranty or consumer protection laws. If we confirm the product is faulty, damaged, does not match the description on the Site, or does not perform as advertised, we will gladly accept a return for warranty replacement, exchange or refund as appropriate and required by law.

Promotional Offers & Discount Codes

From time to time, we may advertise special promotional offers and events on the Site. These are subject to availability and promotional period.

When a promotional or discount code is required, it must be entered at checkout to receive the advertised offer. Promo codes are for one time use only, so cannot be applied to previous purchases. We reserve the right to deduct any applicable discounts and/or promotions applied to an order if a qualifying product is returned.

Promotional codes and offers may not be used in conjunction with any other discount or promotional offer. Only one code per order is redeemable. To use a promo code, the purchase must meet any minimum spend requirements specified. Promotional codes are not transferable or redeemable for cash.

Expired promotional codes will not be applied to purchases on the Site. We reserve the right to modify, cancel or extend any offer at any time without notice.

Intellectual Property

All content on this Site including logos, graphics, images, designs, icons, fonts, software, text, videos, shopping features, documentation and any other materials are subject to copyright, trademark and other intellectual property rights which are owned by Punky Junky or its affiliates and licensors.

**You agree to not copy, publish, transmit, modify, reverse engineer, participate in the transfer, license or sale of, create derivative works from, or in any way exploit any of the materials, features or content in whole or part. **

Use of the Site does not transfer or grant you any rights in relation to intellectual property owned by Punky Junky. Subject to your compliance with these Terms, and solely for so long as you are permitted by Punky Junky to access and use the Site, you may view, download (temporary storage only), and print pages from the Site for your own personal use only.

User Content

If you post, upload, input, provide or submit your personal data to us, for example your name, email address, social media handles, text, photographs, videos, graphics, comments or any other content to the Site (collectively “User Content”), you must ensure you have the lawful right to do so.

You retain any ownership rights you may have in your User Content. However, you grant Punky Junky an unconditional, nonexclusive, royalty-free and transferable license to use, store, archive, syndicate, publish, display, edit, distribute, reproduce and create derivative works from any User Content you post on the Site for our business purposes across all media formats and channels now known or later developed without notice, compensation or attribution to you.

Punky Junky does not endorse or adopt any User Content posted by you or any other user. We are not responsible or liable for any User Content including opinions, comments, statements or messages by users or third parties. User Content does not reflect our views or opinions.

We reserve the right to monitor, refuse, remove, edit or delete any User Content at any time and for any reason without notice. If you believe your intellectual property rights have been infringed by User Content uploaded by others, please report this immediately to us.

Site Usage Rules

As a condition of your use of the Site, you agree not to:

Transmit spam, bulk or junk communications, chain letters, pyramid schemes or any other unsolicited commercial communication;
Intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, malware or any other malicious or illegal software or content;
Post, upload or transmit any profane, defamatory, infringing, obscene or unlawful content;
Edit, modify, filter, truncate, append to or delete any content posted by others;
Post false or misleading indications of identity, impersonate others or manipulated headers to disguise the sender;
Engage in flooding, spamming or mail bombing to overload any system on the Site;
Attempt to gain unauthorized access to Site accounts, profiles, systems or networks;
Probe, scan or test Site systems or network vulnerability or breach security;
Interfere with any other person’s right to use or enjoy the Site;
Violate any applicable laws, infringe any third party proprietary rights, or breach any contracts or legal obligations.
Use meta tags or any other hidden text that seeks to redirect traffic away from our Site to any other website; or
Cause or intend to cause embarrassment or distress to users in any way

Without limiting other remedies, Punky Junky may immediately suspend or terminate your account and restrict your use if we suspect misuse, violation of the Terms or illegal activity. In the event your account is terminated, you will not be refunded for purchases. Persons who violate the Terms may also be banned from further use of the Site.

Digital Millennium Copyright Act Notice

Punky Junky will respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe any content on our Site infringes your copyright rights, please notify us immediately via email at [email protected].

Your notice must comply with the DMCA and include the following information:

Identify the copyrighted work you claim is infringed;
Identify the infringing material on the Site that you seek to remove;
Provide sufficient contact information so we can reach you, such as email, address, phone number;
Include a signed statement that you have a good faith belief the identified use is not authorized by the copyright owner and the use is not protected by fair use law;
Confirm you are the copyright owner, or authorized to act on the owner’s behalf;
Confirm you are acting under penalty of perjury.

Links to Third Party Websites

The Site may contain hyperlinks leading to websites operated by other parties. We do not control these third party sites or any of the content contained on them. Any hyperlink on our Site is provided solely for your convenience and does not imply our endorsement of third party sites or any association with their operators.

We do not review or monitor the content on third party sites. Using or relying on third party sites is at your own risk and subject to the terms and privacy policies posted on those sites.

Warranties Disclaimer

Your use of this Site including all content, information, services, products and materials is entirely at your own risk. It is made available strictly on an “AS IS” and “AS AVAILABLE” basis. We do not provide warranties of any kind whatsoever, express or implied, with regards to the Site, content or information provided.

The Site may include inaccuracies or errors including pricing, availability, and product information and graphics. We do not represent or warrant that Site content is accurate, complete, reliable, useful, timely or fit for any purpose.

We make no warranty that the Site will meet your requirements, operate error-free or that Site access will be continuous and uninterrupted. The entire risk of loss from using this Site lies with you.

All third party materials, information, services, products and content we link to, or is linked from third party sites is used at your own discretion. We have no control over third party sites and make no warranties about their accuracy, completeness, reliability or truthfulness. Linking does not imply we endorse, sponsor or approve third party content, operations or websites.

To fullest extent permitted by law, Punky Junky expressly disclaims all liability for any loss, injury, claim, liability, or damage of any kind resulting
in any way from or arising in connection with your use of the Site; any reliance on or use of Content; any goods or services purchased through the Site; unauthorized access to our servers and communications facilities by ‘hackers’ or others; statement, conduct or content made by other Site users; links to third party sites on the Site; any matters beyond our reasonable control; and any breaches of Terms caused by technical issues outside our control.

Limitations of Liability

Punky Junky, our directors, officers, shareholders, employees, affiliates or other representatives shall not, to the fullest extent permitted by law, be liable for damages arising out of or relating to your use of the Site.

We are not liable and disclaim any liability for any direct, indirect, punitive, special, exemplary, consequential loss or damage (including loss of use, data, business or profits), arising out of or in connection with:

Your use of delay in using the Site;
Inability to use or access the Site including service interruptions, suspension or other failures;
Computer viruses or other malicious software obtained via the Site;
Glitches, bugs, errors in programming, loss of data, defects or delays on the Site;
Damage to your computer or loss of data for any reason including due to use of the Site;
The content, actions, or inactions of third parties’ use of the Site;
Violation of any third party policies, practices or codes of conduct arising from your use of the Site; or
Violation of the Terms or any law or rights of any person arising from your use of the Site.

Under no circumstances shall we be held liable or responsible for any:

Errors, mistakes or inaccuracies of Site content;
Personal injury or property damage arising from any use of the Site;
Unauthorized access to or alteration of your data transmissions and User Content;
Statements or conduct of third parties on the Site;
Content, products and services viewed or purchased via the Site
Any other matter related to the Site.

In no event shall our maximum aggregate liability exceed an amount in excess of the amounts paid by you to Punky Junky in accessing the Site or purchasing products. Some jurisdictions do not allow limitations of liability so our limitations may not apply to you.

Indemnification

As a condition of your use of the Site, you agree to fully and completely indemnify, defend and hold harmless Punky Junky and its officers, directors, employees and agents, from and against any liability, claims, demands, causes of action, losses or damages including reasonable legal fees, arising out of or related to:

Your breach or violation of the Terms;
Your misuse, misconduct or violation of any law;
Any content or information you post, upload, use, distribute or otherwise transmit via the Site;
Violation of any rights of a third party.

This obligation will survive termination or expiration of the Terms or your use of the Site. You agree to fully cooperate in Punky Junky asserting any available defenses in connection with a claim subject to indemnification.

Termination

We reserve the right, without notice and at our sole discretion, to suspend or terminate your right to access or use the Site at any time and for any reason, including violation of the Terms. We also reserve the right to block IP addresses or user profile information in order to prevent further access to the Site.

Upon termination, all licenses, rights and privileges granted to you shall terminate immediately. Any termination of this agreement shall not affect our rights or your obligations which accrued prior to termination.

Assignment

We may assign, transfer, sell, license or pledge use of the Site and any of our rights or obligations at our sole discretion and without notice, including in connection with a merger, acquisition, reorganization or sale of our assets or stock.

Force Majeure

Punky Junky shall not be liable for failure to perform or delay in performing duties or obligations if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, weather events, war or military hostilities, blockades, labor dispute, governmental regulation or mandate, viruses or diseases, third party nonperformance or your acts or omissions.

Severability

If any provision of the Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of the Terms will remain in full force and effect.

Waivers

Any failure to enforce a right or provision of the Terms does not constitute a waiver of such right or provision by Punky Junky. For any waiver of a provision to be valid, Punky Junky must provide it in writing.

Governing Law & Jurisdiction

Your use of the Site and any dispute arising from it is subject exclusively to the laws of the State of California, United States of America, without regard to its conflict of law provisions. We respectively submit to the personal and exclusive jurisdiction of the courts located in the State of California.

These Terms are the entire and exclusive agreement between Punky Junky and you regarding the Site, and supersede and replace any prior agreements.

Dispute Resolution

We will do our best to address any disputes that may arise between Punky Junky and you relating to the Site and your use of it. If we cannot resolve a dispute informally and directly, we both agree to resolve disputes relating exclusively to the Terms, the Site, or your use of it exclusively in the courts of the State of California.

We both waive rights to a trial by jury. We also both agree to waive rights to participate in class action lawsuits against the other.

As a user of the Site, you also agree that regardless of any statute or law to the contrary, any action or lawsuit arising out of or related to use of the Site must be filed within one (1) year after the dispute first arose or shall be forever barred.

Contact Us

Please feel free to contact us if you have any questions about the Terms and Conditions.

Via Email: [email protected]
Via Phone: 1-800-123-4567
Via Mail: Punky Junky Legal Department, 123 Main St, San Francisco, CA 94105

These Terms of Use were last updated on March 1, 2023.