ECS Brands, Ltd. is dedicated to your total satisfaction. If you have suggestions or comments, please email us at hello@ecsbrands.com
ECS Brands, Ltd.
295 Interlocken Boulevard
Suite 500
Broomfield, Colorado 80021
Telephone: 833-327-4361
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
Applicability of Terms and Conditions
These terms and conditions (these “Terms”) shall apply to your purchase of products and related services through www.ecsbrands.com (the “Site”). These Terms are subject to change at any time without prior written notice by ECS Brands, Ltd. The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
Delivery Schedule
Orders are processed within 2 business days of order placement and are shipped with UPS or USPS. If the customer refuses delivery ECS Brands, Ltd. reserves the right to deduct return shipping fees and/or customs and duty charges, as well as an 8% restocking fee from any refund due. Multiple shipping attempts from ECS Brands, Ltd. may incur additional shipping fees.
Colorado Sales Tax Charges
For orders shipped to addresses within Colorado, a 2.9% (or other applicable) sales tax will be applied. All other US based orders are shipped without ECS Brands, Ltd. collecting sales tax.
International Orders – Customs/Duty Charges | Currency Conversion
Unfortunately, ECS Brands, Ltd. does not ship internationally at this time.
Placing an Order
A. Pricing Information; Availability
ECS Brands, Ltd. cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on our website. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. ECS Brands, Ltd. reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. ECS Brands, Ltd. may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on our website from prices available in other marketing materials or media.
B. Order Acceptance and Billing
You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale and/or export. By placing an order, you represent and warrant that you have the right to use any credit card or other means of payment that you provide to ECS Brands, Ltd. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and Conditions and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. ECS Brands, Ltd. may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products ordered, as well as all shipping and handling charges and applicable taxes.
ECS Brands, Ltd. reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. ECS Brands, Ltd. also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms and Conditions, “reselling” will be defined as purchasing or intending to purchase any product(s) from ECS Brands, Ltd. for the purpose of engaging in a commercial sale of the same product(s) to a third party.
C. Promotional Codes/Coupons
Promotional codes and coupons are limited in nature and may expire or be discontinued with or without notice. Promotional codes and coupons are void where prohibited by law. Promotional codes and coupons may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code or coupon.
Sole and Exclusive Remedies/Liability Cap:
SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ECS BRANDS, LTD’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Privacy Policy and Website Terms of Use
Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://ecsbrands.com/pages/privacy-policy and https://ecsbrands.com/pages/terms-and-conditions . The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
Program Name
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You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to 833-327-4361
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
For privacy-related inquiries, please refer to our privacy policy: https://ecsbrands.com/privacy-policy/
Third Party Beneficiaries
These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Force Majeure
ECS Brands, Ltd. shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
Assignment
ECS Brands, Ltd. may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Partial Invalidity
In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law
These terms and conditions and any agreement covering the purchase and sale of ECS Brands, Ltd. products with any customer and/or user, and the interpretation of its terms (collectively, “Agreement”), shall be governed by and construed in accordance with the laws of the State of Colorado applicable to agreements negotiated, executed, and performed wholly and solely within the State of Colorado the parties agree that the State of Colorado’s conflicts of laws rules shall not apply to this Agreement, or any transaction performed by or under this Agreement. All sales are made Point of Sales Broomfield, CO and sold FOB Broomfield.
Binding Arbitration
Subject to all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of arbitrators sitting in Broomfield County. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Colorado. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. We shall bear all of our own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This paragraph provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
Jurisdiction and Venue
All customers and/or users of www.ecsbrands.com (collectively with ECS Brands, Ltd., “parties”) irrevocably submit and consent to the sole and exclusive jurisdiction and venue of the Colorado state courts in and for Broomfield County, Colorado, U.S.A. and the Federal Courts in Colorado, U.S.A. The parties agree not to raise the defense of forum non conveniens.
No Waivers
Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) phone, at: 833-327-4361; or (ii) personal delivery, overnight courier, or registered or certified mail to: ECS Brands, Ltd., 295 Interlocken Boulevard, Suite 500, Broomfield, Colorado 80021
Entire Agreement
These Terms, along with the confirmation email referenced above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.
