Version Effective Date: 10/04, 2016
The Web Site (defined below) is provided by Twistshake of Sweden AB, and its subsidiaries, including, without limitation, Twistshake LLC. (collectively, “Twistshake,” "we," "our," or "us"). These "Terms and Conditions of Web Site Use" (this "User Agreement") govern your use of the Web Site, regardless of how you access or use it. Each time you use the Web site, this User Agreement applies to your use. Twistshake is not responsible for notifying you of changes to the website and you should check the Web Site frequently to be aware of these changes. By "Web Site," we mean the Internet domain address within which this User Agreement is posted and all features, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to this User Agreement.
It is important that if you want to use this Web Site that you carefully read this User Agreement since it is a written contract between you and Twistshake. Every time you use or access the Web Site you are agreeing to the terms and conditions in this User Agreement and any additional terms. If you do not agree to all of the terms of this User Agreement and the additional terms, please do not use this Web Site.
Web Site Ownership and Content
The Web Site contains materials and other items about Twistshake’s products and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Twistshake, its licensors, licensees or other third parties (collectively the “Content”). The Web Site and the Content are owned or controlled by Twistshake and certain other third parties, and as such all right, title, interest in and to the Content and the Web site is the property of Twistshake or certain other third parties and is protected by United States and International copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. Twistshake is the owner of the copyright in the Content on the Web Site. By using the Web Site, you will not obtain any ownership or intellectual property or other interest in any item or content on the Web Site. In exchange for your agreement and strict compliance with the User Agreement and any additional terms, Twistshake grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and/or use the Content on the Web Site for your own personal, non-commercial use only. You agree that Twistshake may immediately and, without any notice to you, suspend or terminate the availability of the Web Site or its Content without any liability to you. You further agree that any unauthorized use of any Content of the Web Site for any purpose is strictly prohibited.
Ownership of Content You Submit
By using the Web Site and posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or other personal information on the Web Site or other Twistshake sponsored forums, blogs, social networking sites, or other communities, you grant Twistshake a perpetual, unrestricted, unconditional, unlimited, irrevocable, worldwide, cost-free right and license to use, copy, redistribute, re-sell, or transmit any portion of your “User Generated Content”, furthermore to use in catalogs, email and other customer communications, store materials and other marketing. You agree to waive, unconditionally and perpetually, any rights to such User Generated Content, except as prohibited by law. You further represent and warrant that you are the age of majority in the state/country in which you reside or are the parent or legal guardian and consent to the uploading, publishing, distributing or transmitting of such User Generated Content. You further represent and warrant that you are the sole author and owner of such content and that to the best of your knowledge such User Generated Content does not infringe on the rights of any other third parties or would cause any harm to any other third parties. For example, you should not have User Generated Content that includes pictures or videos of family or friends where you do not have their permission to post such photos. In addition, you give Twistshake the sole and exclusive right to remove, alter, or change the User Generated Content and to bring any legal actions regarding such User Generated Content on your behalf. By using this Web Site, you agree that you will not obtain any ownership or intellectual property or other interest in it or any of the User Generated Content. You agree to respect the thoughts, opinions, and rights of others and that your User Generated Content does not threaten, abuse, or harm others, and does not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit or have political implications or be used for commercial gain. You give Twistshake the sole right to suspend, terminate, limit, or remove your right to use the Web Site or participate in any User Generated Content.
You should be aware that you may only use the Content on the Web Site in conjunction with permitted activities and you cannot use the Web Site or its Content in any offline environment or on any other Web Site. You are not allowed to use the Web Site or its Content for any commercial, political, obscene, or inappropriate purpose.
Mobile or Wireless Features
Twistshake’s Web Site may have certain features and/or services that are available to you via your mobile or wireless Internet Device. These features and services may include the ability to access the Web Site’s features and upload content to the Web Site, receive messages from the Web Site, and download applications to your mobile or wireless Internet Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your telephone service or carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues. By using this Web Site, under this User Agreement, you agree that for the Wireless Features for which you are registered, we can send you communications to your mobile or wireless Internet Device, unless you opt-out in accordance with our procedures. You also agree that we can collect information about your use of the Wireless Features.
Twistshake strives to provide accurate descriptions of the Products displayed on the Site. Twistshake does not, however, warrant that the descriptions are accurate, complete, reliable, current or error-free. For Products that are as described on the Site, your right to return any such Product shall be pursuant to our return policy.
We have made every effort to display the colors of the Products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your computer and monitor, we cannot guarantee that your computer and monitor’s display of any color will be accurate.
Comments and Submissions
Your offering or submitting to Twistshake comments, feedback, suggestions, ideas, and other material (collectively, “Comments”), shall constitute your assignment to Twistshake of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Twistshake is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments. Twistshake may use third-party providers to republish Comments on websites operated by third-parties.
You agree to defend, indemnify and hold Twistshake, and its officers, directors, employees and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
Links to Other Web Sites
To the extent that this Site contains links to websites, services and resources not within Twistshake’s control (“Third-Party Sources”), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that Twistshake shall not be liable to you for your use of any Third-Party Sources.
Disclaimer of Representations and Warranties
Twistshake is providing the Web Site and its Content to you on an “as is” basis, without any warranty of any kind and Twistshake’s liability to you is very limited. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Twistshake was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Web Site).
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF TWISTSHAKE TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THIS USER AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TWISTSHAKE IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY PRODUCT WARRANTY THAT IS PROVIDED BY A MANUFACTURER OF A PHYSICAL PRODUCT.
Please note that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
PLEASE NOTE THAT UNDER NO CIRCUMSTANCES WILL TWISTSHAKE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to your use of or inability to use Web site, or the performance of the Web site.
Waiver of Injunctive or Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEB SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEB SITE, CONTENT, USER GENERATED CONTENT, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY TWISTSHAKE.
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Unless otherwise specified, this Site and its Contents are displayed solely for the purpose of promoting Products available in the United States and select markets outside the United States. This Site is controlled and operated by Twistshake of Sweden AB from its offices in Västerås, Sweden and with the assisted operation and maintenance by its US subsidiary Twistshake LLC, with its offices in Waukegan, Illinois.
Choice of Law, Venue and Dispute Resolution
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement, including disputes relating to Products whether or not purchased through the Site, shall be resolved exclusively by an appropriate federal or state court sitting in the State of Illinois, county of Lake, solely between you and Twistshake, and not on any representative or class basis. Further, unless you and Twistshake agree otherwise, the court shall not consolidate your claim with any other person’s claim, and shall not otherwise order or permit any form of a representative or class proceeding. This provision shall survive termination of this Agreement.
You agree that you shall commence any action for any claim(s) arising out of or related to the Site (or to products purchased through the Site) within one (1) year after such claim(s) accrued, otherwise, such claim(s) shall be permanently barred.
If any disputes arise under the Web Site, the Content, your User Generated Content or terms under this User Agreement, you agree to send Twistshake a written notice of such dispute to: Twistshake LLC, 1070 S Northpoint Blvd, Waukegan, IL 60085, USA, Attn: General Counsel. If you and Twistshake are not able to resolve such a dispute, then you agree that either you or Twistshake can submit the dispute to formal arbitration.
Third-party trademarks, trade names, Product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.
This Agreement is effective unless and until terminated by either you or Twistshake. You may terminate this Agreement at any time after which time you agree that you shall not access the Site. Twistshake may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.
These Terms constitute the entire agreement of between you and Twistshake regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms.
If any provision of these Terms are declared to be unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such unenforceable provision(s) shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
FREE SHIPPING WHEN YOU SPEND $25 OR MORE!
If your order is over $25.00, you will qualify for free shipping (Not applicable for orders to Hawaii, Alaska, Puerto Rico and other US territories). Twistshake will select the optimal shipping method for free shipping, which could be either via the United States Postal Service or UPS. Qualifying amount applies to all merchandise on twistshake.com. Please note that Twistshake reserves the sole and exclusive right to change or modify these terms at any time without notice to you.
An additional 8,5% sales tax will be charged to Illinois residents.
Once your order has shipped a confirmation will be sent to you via email along with a tracking number.
SHIPPING METHODS FOR CONTINENTAL US
Standard Shipping (4 - 6 Days) $5,99
Express Shipping $24,99-54,99
(Depending on location)
SHIPPING METHODS FOR ALASKA, HAWAII, PUERTO RICO, AND OTHER US TERRITORIES
USPS Priority Mail (4 - 8 Days) $14,99
Express Shipping $54,99
Orders placed before 12am on weekdays will be shipped the same day.
The Standard delivery times shown in the previous table reflect the business days the order spends in actual transit from our fulfillment center to the delivery address.
As a customer at www.twistshake.com, you always have a 14-day right of return after you have received a product. Returns must be new, unused, in the original packaging, and include all accessories, instruction guides and labels. The customer takes responsibility and pays for costs associated with the return shipping. The cost of the original shipping is not refundable.
This policy only applies to products that have been purchased on twistshake.com. Products purchased from other retail outlets must be returned to the original place of purchase. Please refer to the retailer’s return policy for full instructions.
Please note that we are only able to refund shipping charges if we sent the wrong item or the item sent was defective.
DAMAGED OR DEFECTIVE ITEMS
If the package is damaged on delivery you shall immediately claim it for damages at your collection site. If there is something wrong with your product we ask you to contact us immediately so that we can solve the problem. Contact serviceUS@twistshake.com and be as specific as possible. Don’t forget to give your order number.
Twistshake LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of this Return and Shipping policy, at any time. It is your responsibility to check this Return and Shipping policy periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.