Terms of Sales

Last modified: February 21, 2021

These General Terms and Conditions of Sale govern the sale of merchandise by Planet Pepper, Inc. (“Planet Pepper” or “we”) to you through or in connection with the website www.planetpeppernyc.com (the “Website”). Your use of the Website to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.

Orders

All orders are subject to written acceptance by Planet Pepper. All orders will be confirmed by Planet Pepper, in writing, by e-mail. Merchandise displayed on the Website may be out-of-stock or discontinued, and display on the Website is not a guarantee that it is available for purchase.

Prices

All prices listed on the Website are in US Dollars. Prices may change without notice from time to time. [The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated on the payment page of the Checkout.]

Purchase for Personal Use Only

You may purchase products on the Website only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.

Colors

Planet Pepper has made every effort to display as accurately as possible the colors of the merchandise that appear on the Website. However, since the actual colors you see will depend on your monitor, we cannot guarantee that your monitor will accurately display the actual colors of the merchandise.

Shipping Costs

You are responsible for the shipping costs associated with the delivery of merchandise you purchased on the Website.

Shipments and Delivery

You bear all risk of loss and damage to the merchandise that has cleared Planet Pepper’s inventory storage facility. Delivery is deemed complete and title to the merchandise passes to you upon acceptance of shipment by a common carrier.

Returns, Exchanges and Refunds

Upon returns, we always do our best to take care of you. However, due to the nature of our products, we cannot always accept a return. If you would like to return or exchange an item please call us at 1 (917) 704 – 4807 or contact us  via vinnie@planetpeppernyc.com 

Returned items for refund or exchange must be clean, new, odor-free, unwashed, attached to original tags  and/or in the original packaging. Items  returned for refund or exchange, and  accepted by Planet Pepper as returns for  refunds or exchange within 30 days of  original purchase and within two weeks  of receipt of purchased item, will receive  a credit back on the initial credit card or  account. All items marked “final sale” are  not eligible for return. While we strive to  accept all returns, damaged/unsaleable  items will not be credited or refunded.  Should you wish to have these items  returned to you, we are happy to do so  provided you contact us in writing and  include arrangements for the cost of the  return.

 We reserve the right to refuse returns on items that may not meet hygiene and health regulations.

You are responsible for the shipping costs  of the return as well as any restocking  fees associated with the returned or exchanged item. You must include your original shipping invoice in order to receive credit for your return. Please package item(s) securely and send it back using the return address on your original shipping package. If you don’t know where to send your return, please contact us to make sure you send it to the right  place. We highly recommend sending your package via insured carrier so you can track it and make sure it gets to us. Understandably, if we don’t receive your package, we cannot give you a refund.

Disclaimers and Limitations of Liability

PLANET PEPPER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PLANET PEPPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. PLANET PEPPER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Binding Agreement

Planet Pepper’s order confirmation and these General Terms and Conditions of Sale shall be deemed the final and integrated agreement between Planet Pepper and you on the matters contained in these General Terms and Conditions of Sale.

 Governing Law and Jurisdiction

All matters relating to the Website and these General Terms and Conditions of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding  arising out of, or related to, these General  Terms and Conditions of Sale or the  Website shall be resolved exclusively by  the federal and state courts of New York.  You waive any and all objections to the  exercise of jurisdiction over you by such  courts and to venue in such courts.

Severability

If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.

Privacy

The terms and conditions of our Privacy Policy govern the processing of all personal data collected from you in connection with your purchase of merchandise through the Website