Terms and Conditions of Use

Entering this Site indicates you have read and thoroughly understand this Agreement and constitutes your acceptance of these Terms and Conditions as binding. If you do not agree to abide by these terms,
please do not enter the Site.

Welcome
Welcome to http://www.superwhipper.com, (“SuperWhipper.com”) brought to you by SuperWhipper®. Our Site offers for exclusive sale the SuperWhipper®, a revolutionary new kitchen product for mixing and whipping that is environmentally friendly, lightweight and easy to store, and a fraction of the cost of old-fashioned blenders and processors!

All transactions through SuperWhipper.com are strictly confidential between you, your recipient (if any), and SuperWhipper®, as are all terms of the sale and recycling and re-selling programs.

Terminology and Relationships
The terms "you", "your", and "yours" refer to the visitor/customer/purchaser accessing our Site. The terms " SuperWhipper® ", "we", "us", and "our" refer to SuperWhipper, Incorporated, a Florida Corporation, and all affiliates, and subsidiaries now existing or hereinafter formed. The term “SuperWhipper®” refers the SuperWhipper® product, offered now for exclusive sale at SuperWhipper.com.

We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions of Use (“T&C”) from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and from purchasing any SuperWhipper® products or participating in any SuperWhipper® marketing, sales, or other program. Please check these terms and conditions periodically. By using the Site after we post changes to these T&C, you agree to accept those changes, whether or not you have actually reviewed them.

Purchases
Bringing smiles to recipients everywhere, the SuperWhipper® is a fun, thoughtful, inexpensive and environmentally friendly kitchen product. The SuperWhipper® is today's answer to "less is more". Our product is not only a space saver; it saves you time and money as well. At SuperWhipper® we strive to do our part for the community by demonstrating how a company can manufacture a product in the United States (our product is produced 100% in the Untied States) and still making a profit! In addition, the SuperWhipper® is fully recyclable leaving little or no footprint on the earth after it is no longer in use.

Payment, Shipping and Handling
SuperWhipper® proudly accepts all major credit cards (Visa, MasterCard, American Express and Discover), certified checks and money orders. Payment is due in full upon order of your SuperWhipper®. In our effort to provide quality customer service, SuperWhipper® will accept personal checks. Orders placed via personal check will be shipped within one day of the check’s clearance. SuperWhipper® proudly ships throughout the United States and Canada. Each SuperWhipper® costs only $9.95 plus shipping and handling (5 day ground shipping based on your location). SuperWhipper® does NOT impose any costs for handling.

Returns
We strive to offer the highest quality service to guarantee your SuperWhipper® arrives perfectly every time. While we cannot accept any returns, we do want you to be thoroughly satisfied with our service. As such we will issue credit for any SuperWhipper® that does not meet your satisfaction. Please remember, our merchandise is shipped in perfect condition as verified by our Quality Assurance Department. Should your SuperWhipper® arrive damaged, and you dispute your charges, it is your responsibility to notify us of this dispute. We cannot refund credit unless notice is received pursuant to our Dispute Recordation and Resolution Policy. Please note, packages left outside a home for all or a portion of the day are vulnerable theft, vandalism or other damages. SuperWhipper® will not be responsible for damage to your merchandise that is attributable to unreasonable delay in pick up or retrieval. We strongly urge that you ship to an address where someone is present to receive the SuperWhipper®.

Dispute Recordation and Resolution
In order to receive refund credit for damaged or unsatisfactory merchandise, you must adhere to our policy as follows: (1) Email info@superwhipper.com immediately upon delivery of your SuperWhipper®. (2) Return the unsatisfactory product, via United States Postal Service priority mail, in its original packaging, within 1 Business Day (i.e. Monday-Saturday) of receipt of the unsatisfactory product. Your notice email must contain (a) your order confirmation number, (b) in detail, the exact nature of damage to the product and (c) confirmation of the mailed return and the tracking number of the return. Failure to comply with the Dispute Recordation and Resolution policy shall result in non-refund of credit. Any other dispute, e.g. duplicate charges, items delivered to the wrong address should be noticed as follows: (a) email info@superwhipper.com within 1 Business Day (i.e. Monday-Saturday) of alleged dispute. (b) Include in your email, (i) your order confirmation number, (ii) in detail, the exact nature of your dispute, and (iii) any transaction or authorization numbers relevant to the alleged dispute.

Charge backs
SuperWhipper® reserves the right to seek reimbursement from you if SuperWhipper® receives a charge-back from any credit card company, bank, or PayPal for any reason, without notice via our Dispute Recordation and Resolution Policy. SuperWhipper® will obtain such reimbursement by charging such credit card, bank account or PayPal account, or by obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge-backs may result in collection proceedings. SuperWhipper® will assess a Twenty Dollar ($20.00) fee for any chargeback wherein SuperWhipper® is found not at fault. This fee is to reimburse SuperWhipper® for merchant service chargeback fees assessed against SuperWhipper® for all charge backs.

Recycling Program
We encourage you to become a part of our recycling team or to join our Reseller Program. Click here to learn more about how you can help SuperWhipper® make the world a greener place. Click here to learn more about becoming an independent seller of SuperWhipper™ products.


MISCELLANEOUS TERMS

Copyright
You agree that our Site contains information, data, photographs, images, illustrations, designs, icons, and other material that are protected by copyrights, trademarks, trade secrets, or other proprietary right and that these rights are protected in all forms now existing or hereinafter developed. All content on our Site is copyrighted as a collective work under the U.S. copyright laws. You may not modify, remove, delete, add to, publish, transmit, sell, create derivative works from, or exploit any of the content on our site. Notwithstanding this, if no specific restrictions are displayed, we grant you permission to make copies of select portions of our content, provided that the copies are made only for your personal use and that retain all proprietary notices contained in the Content. Nothing contained on the Site should be construed as granting any exclusive or non-exclusive right to use the Site or any information displayed on the Site, except as expressly permitted by these Terms and Conditions or otherwise expressly permitted by SuperWhipper® in writing.

Trademarks
All trademarks, service marks and trade names of SuperWhipper® used in the Site are trademarks or registered trademarks of SuperWhipper® and may not be used in connection with any non- SuperWhipper® product or service. Nor may they be used in any manner that might cause confusion among customers or is likely to discredit, disparage or harm the goodwill of SuperWhipper®. Any and all other trademarks not owned by us that appear on the Site are the property of their respective owners.


Usage Policy
While using SuperWhipper.com you represent and acknowledge that you will not:
  • Post content or items in an inappropriate category or areas on our sites and services;
  • Violate any laws, third party rights, or SuperWhipper® policy;
  • Use our sites or services if you are not able to form legally binding contracts (e.g. are under the age of 18, or are temporarily or indefinitely suspended from our sites);
  • Fail to deliver payment for items purchased by you;
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to SuperWhipper®;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • Distribute or post spam, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm SuperWhipper® or SuperWhipper® users;
  • Copy, modify, or distribute content from the Site and SuperWhipper® copyrights and trademarks; or
  • Harvest or otherwise collect information about users, including email addresses, without their consent.
The aforegoing list is representative and not intended to be inclusive. You further agree to use SuperWhipper® only for lawful purposes and hereby agree to indemnify SuperWhipper® for any damages incurred to any party as a result of your unauthorized or unlawful use of this Site.

You are prohibited from posting on or transmitting through SuperWhipper® any material that encourages, commits or incites a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law. If we are notified of defamatory, damaging, illegal, or offensive content provided by you, SuperWhipper® may investigate the allegation and remove or request the removal of this content from our Site. We will disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) to facilitate the smooth operation of SuperWhipper®; and/or (iii) to, in our sole discretion, protect the rights or property of SuperWhipper®, its users, associates and you.

Applicable law
By visiting the Site, you agree that the laws of the State of Florida, notwithstanding any assertion of conflict of laws, will govern these T&C, and any dispute of any sort that might arise between you and SuperWhipper®.

Disputes
Any dispute relating in any way to your visit to the Site or to products purchased through the Site shall be submitted to arbitration in Ormond Beach, Volusia, Florida. Notwithstanding this provision, to the extent you have violated or threatened to violate SuperWhipper® intellectual property rights, SuperWhipper® may, in its sole discretion, seek injunctive or other relief in any state or federal court in the State Florida. You hereby consent to the exclusive jurisdiction and venue in such courts. Arbitration may be chosen at the sole discretion of SuperWhipper®. Any such arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Third-Party Links
From time to time and for the benefit of our customer, users and visitors, SuperWhipper® may link to sites operated by third parties. You hereby acknowledge that SuperWhipper® has no control over the content or privacy and data collection policies of linked sites and therefore you access them at your own risk.

Nonetheless, SuperWhipper® strives to safeguard the integrity of its web site and we request and encourage feedback on our Site, and for sites linked to our Site. Feedback provided will be deemed non-confidential and includes but is not limited to, comments, emails, suggestions, critiques, ideas and other submissions offered to SuperWhipper® through its Site or other contact information.

Contact Information
SuperWhipper® welcomes customer comments, suggestions, orders, and enquiries. Our Customer Service hours of operation are 9:00am to 6:00pm, Monday through Friday, and can be reached as follows:

By Internet
http://www.superwhipper.com

By mail:
Attention Customer Service
SuperWhipper, Incorporated
226 N. Nova Road, Ste. 308
Ormond Beach, FL 32174

By telephone:
# 877.699.9447 (toll free)

By email:
info@superwhipper.com


All Legal Notices intended for SuperWhipper, Incorporated should be directed to its corporate headquarters, certified, return receipt requested United States Postal Mail at:

SuperWhipper, Incorporated
226 North Nova Road, Ste. 308
Ormond Beach, FL 32174





Whip, whisk, mix or beat - anything, anytime, anywhere!   

Copyright © 2010, SuperWhipper Inc.
Yes, we care for environment! Take part in the SuperWhipper® Recycling Program

» Learn more about the SuperWhipper® Recycling Program
» Download the SuperWhipper® Recycling Leaflet (PDF, 180 KB)