Use after coffee, meals, snacks, or anytime you want a cleaner, fresher feeling throughout the day. Use before inserting your clear aligners. Use around braces, expanders and dental implants. Rinse with water + re-cap.
Terms of Sale (the “Terms of Sale”) from Site
These Terms of Sale govern any order or purchase made by the individual completing this order (herein referred to as “you”) on www.shopstimmie.com (the “Site”). The Site is owned and operated by STIM MIE, Inc. (referred to herein as “Stimmie”), which is the supplier for your order. By proceeding to place an order you agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, do not proceed with your order. Please print and retain a copy of these Terms of Sale for your records.
All advertisements on the Site are invitations to purchase and not offers to sell. Stimmie reserves the right, at its sole discretion, to accept or reject any order you have completed and placed.
You will receive online confirmation that your order has been received by Stimmie after you place your order on the Site. This online confirmation that your order has been received by Stimmie does not constitute acceptance of your order. Rather, the confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your order.
In some instances, you may have the opportunity to pre-order products (such as out-of-stock or unreleased products and accessories) on the Site before they are available for sale. When you place such an order, your credit card will be authorized, but it will not be charged until the item(s) ordered are given to a shipper for shipment to you. If Stimmie changes its price between when you order a product, and when your item ships, you will be charged the lower of the two prices. Taxes and shipping will apply as of the date of Stimmie’s acceptance of the order.
The confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your order. There may be certain orders that Stimmie must reject before acceptance or cancel after acceptance. Stimmie reserves the right at any time after receipt of your order to accept or reject your order for any reason and Stimmie will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Stimmie rejects the order, Stimmie will have no obligation to fulfill your order and you will have no obligation to pay Stimmie for the order. Stimmie also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Without limiting the generality of the foregoing, and for your information only, some situations that may result in your order being rejected or cancelled are:
Stimmie may also require additional verifications or information before accepting any order. Stimmie will contact you if all or any portion of your order is rejected after your order has been placed but before or after it is accepted by Stimmie or if additional information is required to consider whether or not to accept your order.
The purchase of products on the Site is subject to availability. In the event that Stimmie advises you that any products are no longer available, Stimmie will have no obligation to fulfill your order and you will have no obligation to pay Stimmie for the order.
While the Site attempts to be accurate in its product descriptions, Stimmie does not represent or warrant that product descriptions or other Content on this Site is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with Stimmie’s Return Policy
By confirming your purchase at the end of the check out process, you agree to pay Stimmie the amount set out as the ORDER TOTAL (the “Purchase Price”) in the Confirm Order and Shipping Address section of the checkout process, subject to adjustment as described herein. The ORDER TOTAL is quoted in US dollars (or otherwise as described on the Site) and includes shipping and handling fees, any applicable environmental or other additional fees, and an estimate of all applicable taxes. Subject to applicable law, the Purchase Price will be charged in US dollars to your selected credit card, or PayPal account, by Stimmie in one or more charges for each order you have placed. Please note that actual sales taxes and shipping costs are calculated on items as they are ordered.
In the event that an item is listed on the Site at an incorrect price due to an error in pricing, Stimmie will have the right, at Stimmie's sole discretion, to reject or cancel any orders placed at that price for that item. In the event that an item is mispriced, Stimmie may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
For your convenience, the Site lists some products which also are carried by retailers authorized by Stimmie for that purpose. However, please note that products and prices available for online purchase on the Site may not be the same as those available at one or more of those retailers. Furthermore, retailers’ pricing and offers will sometimes differ from online prices and offers.
Stimmie reserves the right, at its sole discretion, to limit the quantity of items ordered by a person, a household or in an individual order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. Stimmie also reserves the right, at its sole discretion, to refuse to sell to dealers or resellers. For purposes of these Terms of Sale, reselling is defined as purchasing or intending to purchase any product(s) from the Site for the purpose of engaging in a commercial sale or other transfer of title in that same product(s) to a third party. If you would like to resell Stimmie, contact us here.
You may pay for your purchase using VISA, MasterCard, or American Express or use Paypal. By placing your order, you authorize Stimmie to charge the applicable card or method for the Purchase Price and you represent and warrant that you are the cardholder of the applicable card or account holder of the applicable account. If your card is rejected by the card issuer, or account declined by Paypal, your order will not be shipped and Stimmie will have no obligation to fulfill your order.
All billing and registration information provided by you to Stimmie must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.
Your order will be shipped by Stimmie or by one of Stimmie's third party distributors at Stimmie’s sole discretion. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped.
Stimmie is not responsible for any loss of or damage to the products following transfer of possession of such products by Stimmie or by an agent of Stimmie or by a retailer of Stimmie products to the applicable carrier for shipment to your delivery address.
You may have certain statutory rights to cancel your order under applicable laws, including without limitation consumer protection laws and Stimmie will respect all such applicable laws.
At this time all sales made by you with Stimmie are final. Stimmie does not accept any returns or exchanges and does not give any refunds on products sold.
You are responsible for the security of your account and password on your Stimmie mobile application. Stimmie shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.
Stimmie’s personal information practices on the Site, including the collection, use and/or disclosure of your personal information and/or financial information, are governed by Stimmie’s Privacy Policy. Please review this Privacy Policy and print a copy for your records.
The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the check out process. Stimmie may modify its Terms of Sale from time to time in accordance with applicable laws and, subject to those laws, without any prior notice to any person. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Stimmie you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.
Stimmie will keep record of a customer's order history. If you would like to access your order history, please contact Stimmie at: freshenup@shopstimmie.com and a representative will be able to assist you. The maximum amount of time, however, that an order history will be kept on record for is two (2) years.
Certain goods offered on this Site may have warranties that apply to them if noted on the applicable product page of this Site. These warranties are provided by the manufacturer of these products and not by Stimmie. To the maximum extent permitted by applicable laws, Stimmie disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. Stimmie makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use.
Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.
In no event shall Stimmie be liable to you for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) which you suffer or allegedly suffer, including without limiting the generality of the foregoing for damages arising in connection with or relating in any manner whatsoever to: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including the inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data.
If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Stimmie for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction.
The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if Stimmie had been advised or had reasons to know of the possibility of such damages.
In this Section 14, reference to Stimmie means Stimmie and its affiliates and their respective officers, directors, employees, contractors, and agents.
Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This Section 14 shall apply to you to the maximum extent permitted by applicable laws.
You acknowledge that the goods sold on the Site, which may include technology and software, may be subject to applicable customs and export control laws and regulations. By purchasing technology or software from the Site, you agree to abide by all such applicable laws and regulations.
These Terms of Sale will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein unless the applicable laws of your Province, State, or Country of residence require that the laws of such state or Country govern, in which case, the laws of such Province, State, or Country are to govern. The exclusive jurisdiction for any claim, action or dispute with Stimmie or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Ontario, unless required otherwise by applicable laws of your state or Country of residence.
These Terms of Sale together with the details of your order and the Terms of Use which govern your use of the Site constitute the entire agreement between you and Stimmie with respect to any purchase made by you on or from the Site and supersede all previous agreements, understandings and representations relating thereto. If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect. The delay or failure of Stimmie to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Stimmie's rights with respect to such breach or any subsequent breaches. Stimmie shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other shipping delays. You may not assign this product sale agreement to any third party without the prior written consent of Stimmie. These Terms of Sale will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator, and other legal representatives; and (ii) Stimmie and its successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Sale, the wording in these Terms of Sale shall prevail. It is the express wish of the parties that these Terms of Sale and all related documents be drawn up in English.
You may contact Stimmie online on the Site or by email at freshenup@shopstimmie.com
By accepting these Terms of Sale, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Sale. If you are a parent or legal guardian agreeing to these Terms of Sale for the benefit of an individual under the age of majority, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
©2024 Stim mie, Inc.
January 29, 2024 Version
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