Terms of Use

TERMS AND CONDITIONS OF SALE – SIPAHH AMERICA INC. FOR SIPAHH

In these Terms and Conditions of Sale:

• In these Terms and Conditions of Sale:
  • Unistraw Corp with its registered office at 600 B Street, suite 300, San Diego, California, USA is the registered legal owner of the Sipahh brand and range of products within the United States of America.
  • Unistraw Corp has licensed Sipahh America to distribute products through the online store within the USA.
  • Sipahh America does not distribute Sipahh products in the USA other than through the Sipahh online store.
  • Goods means all goods and products sold, supplied or distributed by Sipahh America via the Sipahh online store.
  • Sipahh America, we, our or us means Sipahh America Inc. and its officers, employees and agents.
  • Services means any services provided by Sipahh America to You.
  • Sipahh means the Sipahh trademark(s) owned or controlled by Unistraw.
  • You or Your means the person(s) purchasing Goods and Services from Sipahh America via the Sipahh online store to which these terms and conditions apply.
  • User Account means the account You create when registering on the Sipahh online store to purchase Goods or Services.
  • Website means the Sipahh online store (operating within sipahh.com) owned or controlled by Sipahh America, which is governed by the Website Terms and Conditions shown at the link on the Sipahh Website.

SIPAHH USER ACCOUNT

• You may create a User Account when You first order Goods or Services with Sipahh America.
• You will receive an email confirmation of Your User Account details.
• Sipahh America will use the User Accounts for purposes, including, but not limited to tracking orders and tracking purchase history.
• When creating a User Account, You must stipulate if you are purchasing the Goods and/or Services as a retail customer or as a wholesaler.
• It is Your responsibility to ensure that Your contact details with Sipahh America and Your User Account, remain up to date.

ORDERS

You may place orders for Goods and Services by completing a purchase order form online on the Website.

Sipahh America will confirm with You acceptance of the order, the total costs of the order and the estimate timing of delivery of Goods to You within 48 hours of receipt of the order from You, via the email nominated by You in Your User Account or at the time order.

All orders are subject to availability of stock and the minimum or maximum quantities as Sipahh America decides from time to time.

Sipahh America reserves the right to refuse orders whether whole or in part in its absolute discretion.

You are not permitted to cancel or amend any order after receipt of the relevant order by Sipahh America.

RETURNS & DAMAGED GOODS

You must verify the quantity and quality of Goods upon delivery and if any of the Goods are damaged or you have not received Goods in accordance with Your order, You must notify Sipahh America within seven (7) days of receipt of the Goods. Otherwise, You waive any right to reject them.

In the event that Goods are damaged or faulty, Sipahh America will not be liable for any damages, loss or injury arising from those damaged or faulty Goods.

You are permitted to request replacement Goods in the event that they were damaged or faulty upon receipt. Please note that we define damaged or faulty Goods as damage to the Sipahh Goods straw and flow wrap, which means that the straw cannot be consumed. If your flavor crate arrives a little damaged, or the 10 pack boxes are slightly squashed, there is still very little chance that the actual straws or flow wraps will be damaged and your straws are still safe for consumption. Should you wish to make a claim for replacement Goods, then please take a photo of your delivery as proof of the damage, and send it to Sipahh America via email to sipahhUSA@unistraw.com along with a description of the damage to your Goods.  You must retain the Goods and return them to Sipahh America if requested (at Your cost). Once Sipahh America has verified the damage, Sipahh America will send you replacement Goods free of charge and you can dispose of the damaged Goods.

All orders are final and Sipahh America will not accept returns of undamaged Goods (whether unused or otherwise) or issue a refund or credit for undamaged Goods.

When returns are properly completed, Sipahh America will provide a replacement of the damaged Goods within 30 days of receipt of the damaged Goods claim.

You cannot refuse to accept Goods merely because they are not delivered by any given date or dates.

Except as required by law, Sipahh America will endeavor to provide Goods and/or Services which are ordered by You, in a timely manner.

DELIVERY & RECEIPT

Goods are delivered to You by a USPS or UPS or FedEx or DHL parcel service or other third party contracted couriers, when possible which offers Standard delivery within 4 to 7 Business days depending on delivery location. Delivery timeframes are from the date the order is dispatched to You. Orders must be placed before 12pm, midday, Pacific Time. If your order is placed after 12pm on a weekday or over the weekend, your order will be processed from the next business day.

All orders are assigned a Tracking number so all deliveries can be tracked online.  Deliveries require a signature (and the receiving person’s name) as proof of delivery. Proof of delivery is guarantee that the delivery had been made in full in good condition.

Sipahh America does not recommend leaving deliveries unattended at the delivery address for risk of loss or theft or damage. However, a customer may request that a delivery is ‘safe to leave at premises if unattended’ (“Authority to Leave” or “ATL”). In such case the Goods will be left at your door without the need for a signature and the customer accepts all responsibility for a lost or stolen or damaged delivery once the courier company records the item as “delivered”. If your order is not marked with ATL and nobody is available to sign for the delivery, it will be redirected to your local post or delivery office.

Delivery of Goods is available in Mainland USA only and Sipahh America does not deliver internationally.

When delivery to PO boxes is requested, a card will be left in the box to advise that there is a parcel to be collected. If the parcel has not been collected within 7 days, a reminder card is left.  If not collected in the following 7 days, the package will then be Return to Sender.

Delivery of Goods will be to the address specified in Your order.

Sipahh America will not be liable for:

• any failure to deliver or delay in delivery for any reason;
• any damage or loss due to unloading or packaging; or
• damage to property caused upon entering premises to deliver the Goods or provide the Services.
• any costs incurred by Sipahh America due to any failure by You to accept the Goods at time of delivery must be reimbursed by You to Sipahh America.

Goods will be delivered using means and postal services as may be specified by Sipahh America at the time of order. The cost of delivery Services, where applicable, will be provided at the time of the order.

If You wish to have Goods or Services provided by means other than Sipahh America’s usual means, You will need to make all necessary arrangements, and pay all costs involved. Some options are available as choices on the Sipahh website.

PAYMENT & SECURITY

Sipahh America may change the purchase price of Goods and Services from time to time without notice to You.

You must pay the price of Goods and Services current at the time of payment or the time of dispatch of the Goods or provision of the Services, whichever is the earlier.

You must pay Sipahh America any Sales Tax payable for the provision of the Goods and Services.

You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.

Payment must be made in full, using the payment means specified by Sipahh America or chosen by You at the time of order.

The Website accepts credit/debit cards (Visa and Mastercard) or PayPal in American Dollars ($USD) only.

For online credit card and debit card orders, you will be redirected to a secure Stripe payment page (or such other nominated payment processing company) (“Payment Processor”) after order placement. Credit / debit card orders via the Website are secured through the Payment Processor’s payment gateway service.

Sipahh America does not see or retain any credit or debit card information; your card information is submitted directly and securely to the Payment Processor. Once you have completed your payment through the Payment Processor’s secure payment system, you will be redirected back to the Website as seamlessly as possible.

Sipahh America does not charge any fees or surcharges for using your credit card to make payment on the Website.

Title & Risk

Title in Goods passes to You on payment in full for them.

Risk in Goods passes to You on delivery of the Goods to You, unless You arrange for delivery under the Delivery and Receipt clause above, in which case risk passes when the Goods leave Sipahh America’s premises.

Warranties, Exclusions & Limitations

Where you are a consumer under the meaning within the American Sate and Federal Consumer Laws, Sipahh America warrants to You that:

• the Goods are fit for their intended purpose;
• the Goods are new, of mercantile quality and comply with applicable laws and standards;
• the Goods are free of defects;
• the Goods are suitable for re-sale to retail consumers (where purchased by a café or canteen or wholesaler);
• the Goods conform to their description on the Website; and
• the Goods conform in all other respects with the requirements of this Agreement.

To the extent permitted by law, Sipahh America’s only liability is as expressly stated in this agreement and all other guarantees, warranties and conditions are excluded.

To the extent permitted by law, Sipahh America’s liability:

• under this agreement; and
• as a result of a consumer guarantee implied under the American Federal Consumer Law or any other warranty or condition implied by legislation;

is limited to, in the case of Goods, supplying the Goods again or paying the cost of having them supplied again and, in the case of Services, supplying the Services again or paying the cost of having them supplied again.

To the extent permitted by law, Sipahh America will not be liable to You (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage, including but not limited to loss of profits.

Indemnity

You indemnify and must keep Sipahh America indemnified against all damages, losses, costs and expenses suffered by Sipahh America arising out of any breach by You of this agreement or arising out of Your use, possession or re-sale of the Goods, or the use, possession or sale of the Goods by someone with Your authority or permission.

Privacy

Any of Your personal information which Sipahh America distributes or discloses, will be done in accordance with Sipahh America’s privacy policy (“Privacy Policy”) as amended from time to time, as shown on the link to the Privacy Policy on the Website.