1. GENERAL. These Terms of Purchase, as may be amended and/or updated from time to time in Ripples’ sole discretion (“TOP”) constitute a legally binding agreement between the applicable Ripples contracting party as defined in Section 15 (“Ripples” or “we” or “us”) and you, governing any order placed by you for the purchase of our Products (as defined below), whether placed directly with us, through our mobile application (“App”), in our online Store (as defined below), through our sales representatives, or through any other means made available by us. Certain terms in these TOP do not apply to purchases made through authorized resellers (“Reseller”), and in such cases you should contact your Reseller for assistance.
1.2 Prior to accessing, using or placing any order through our website (available at https://www.drinkripples.com/ (the “Website”), App, Customer Support Services, purchase order, phone or any other means, you acknowledge and agree that you have read, understood and agreed to these TOP, our Terms of Use (the “Terms of Use“), our Privacy Policy (the “Privacy Policy”), and any additional applicable terms, conditions, notices and policies referenced herein or therein (the “Specific Terms”). All aforementioned documents may be amended or updated from time to time at our sole discretion (collectively, the Terms of Use, the Privacy Policy and the Specific Terms, referred to as the “Additional Terms”). 1.3 If you do not agree to these TOP in their entirety or any Additional Terms, then please do not access or purchase any of our services.
1.4 You can review the most current version of these TOP at any time on this page. We reserve the right to modify, update or replace these TOP or the Additional Terms at any time by posting changes or updates to the TOP or the Additional Terms, as applicable, on our Website or App.
2. DEFINITIONS. For the purpose of these TOP, the following terms shall have the meaning ascribed next to them:
2.1 “Pod” shall mean our proprietary cartridges.
2.2 “Products” or “Services” shall mean any of our product(s) and/or service(s) that we offer from time to time.
2.3 “Store” shall mean the online store embedded in the Website and forms an integral part of it where our Products are displayed and can be ordered by you.
3. PRODUCTS 3.1 Not all Products will be available at all times and we shall have no obligation to make any Product available in any jurisdiction. We reserve the right, in our sole discretion, to modify, discontinue, suspend or withdraw the Products or any part thereof for any reason, with or without notice and at any time. We shall not be liable to any you or third party for any modification, discontinuance, suspension, withdrawal or price change of any Product. Any photos, descriptions, specifications or other information regarding Products are for illustrative purposes only, do not form part of this agreement, and we shall have no liability for any inaccuracy or discrepancy in respect thereof.
3.2 The use of any of our Products is subject to the Additional Terms and documentation or warranty certificate attached to them. We further note that Product’s packaging or instructions may contain additional information than that provided on the Website or App and it is your responsibility to read labels, warnings, directions, and other information provided with the Product before using or consuming the Product. We shall have no liability for your failure to review or follow any Product documentation, instructions, warnings or directions.
3.3 We make no warranties, representations, or guarantees whatsoever, express or implied, as to the number of prints created by a single Pod. The actual number of Ripple Prints may vary significantly based on numerous factors beyond our control, including without limitation: (i) the selected design; (ii) the amount of ink required; (iii) proper storage and maintenance of the Pods and the Product by you; (iv) your connection to electricity and the Internet; and (v) environmental conditions. You acknowledge that any print volume estimates provided are approximate only and not binding. Pods must be used within the expiration and consumption date written on the package, and we assume no liability for Pods used after such date.
4. ORDERS (Applicable only to direct purchases from us). 4.1 You may place your order via our Store, App, Website, or directly with us via a purchase order or with a sales expert (the “Order”). Before submitting your Order, you will have the opportunity to review your Order including the Products ordered, quantities, prices, delivery charges and applicable taxes. At the end of the checkout process, you shall provide your payment details and pay for your Order. Once an Order is placed, we will acknowledge receipt by generating an order confirmation. The order confirmation does not constitute our acceptance of your Order or our confirmation of an offer to sell a Product. No Order shall be binding upon us unless and until we send you a shipment confirmation. Shipment confirmation can be for the Order or a portion thereof. The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed in the shipment confirmation. Once shipped by us, no changes, modifications or cancellations can be made by you to your Order. 4.2 We may, but are not obligated to, attempt to contact you if all or any portion of your Order is canceled or if additional information is required to process your Order. We reserve the right, in our sole discretion, to limit, refuse or cancel any Order for any reason whatsoever, including without limitation: limiting quantities available for purchase per person or jurisdiction, inaccuracies or errors in product information or pricing, violation of our policies (including our return policy), ongoing disputes related to prior orders, suspected fraud or unauthorized reselling, or force majeure events. If your Order is canceled after your payment method has been charged, we will issue a credit or refund for the canceled or unavailable items through the original payment method. Any refund shall be your sole remedy related to such cancellation.
5. PRICES; BILLING. (Applicable only to direct purchases from us). 5.1 The Prices for our Products and the rates for shipping charges are those displayed in our Store, App or on a order email provided by us, at the time you place your Order. All prices are exclusive of taxes, duties and other similar charges, such as value added tax and sales tax. Prices for our Products are subject to changes at any time in our sole discretion, provided that any change in price will not apply to Orders that have been confirmed prior to the price change, except in cases of obvious pricing errors. In the event of a pricing error, we reserve the right to cancel the Order and refund any amounts paid.
5.2 Unless otherwise agreed by us in writing, you must pay for your Products purchased at the time of placing an Order. Payment may be made by one of the methods and currency you have selected during the checkout process.
5.3 You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By submitting that information to us or to our third-party credit card processor or service provider, you agree that you authorize us and/or our processor or service provider to validate the personal information provided by you and charge your credit card/account at our convenience. Your credit card, or any other form of payment will be charged at the end of the checkout of the Order.
6. SUBSCRIPTIONSERVICES. As part of our Services we may, from time to time, offer additional services (including subscription services for PODS, extended designs, extended support and the like). Such additional services may be added to our limited and basic service provided free of charge. All additional services are subject to such additional terms and conditions as may be posted on our Website or App or otherwise agreed upon at the time of purchase. By requesting recurring billing services, you expressly authorize us to store and maintain your payment method details for future recurring charges in accordance with applicable law and our Privacy Policy.
7. DELIVERY; TITLE.(Applicable only to direct purchases from us). 7.1 We ship our Products only to the following territories (excluding P.O. Boxes): United States, European Union, Japan, Israel and Australia. Subject to export control restrictions and our acceptance of your Order, Products will be shipped to the address designated by you. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products. Delivery estimates are not guaranteed delivery times and should not be relied upon as such. Partial deliveries are permitted at our sole discretion. To the extent we accept any Order requesting delivery to a territory not listed above, you shall bear sole responsibility for delivery, including obtaining any required permits or licenses, and shall indemnify and hold us harmless from any claims, losses or liabilities arising from such delivery. For any such deliveries to non-listed territories, delivery shall be DAP (Delivered at Place, Incoterms 2020) to the destination specified in the Order.
7.2 All risk of loss for Products will pass to you upon shipment of the Products from our location to the carrier. Title and ownership of the Product will pass to you upon the later of full payment for the Product or delivery thereof.
8. ACCEPTANCE UPON DELIVERY (Applicable only to direct purchases from us). Upon delivery, we encourage you to verify that you received all items ordered as confirmed by us in the shipment confirmation and to examine that all such Products are undamaged and in operable condition. In the event of missing items, visible damage, or non-operable products, you must notify us immediately and without delay in writing by contacting our Customer Support Services at: [email protected], but in any event within seven (7) days of delivery (or a longer period if so prescribed by the laws of your jurisdiction) (“DOA”). If a Product is DOA, we shall offer you a new replacement Product or choose to repair or refund you, at our election, provided that: (i) the Product must be in their original condition with original packaging and accessories (noting that you will not be entitled to the return of or refunds for Pods, parts or customized Products); and (ii) you obtained a RMA number from us which is valid for fourteen (14) calendar days from its issuance and return the DOA Product in accordance with our instructions within such period. The foregoing shall not derogate from your statutory rights to return any DOA Product, if any, and shall apply in addition to your warranty as set forth in these TOP. We shall not be responsible for a Product that is lost or damaged without following our return process and without obtaining a valid RMA number. We reserve the right to request photographic evidence of any Product claimed to be DOA before issuing an RMA number. Notwithstanding the foregoing, you are liable for any damage caused by you while the Products are in your possession.
9. RETURN POLICY. (Applicable only to direct purchases from us). 9.1 Following shipment of the Products, subject to the terms of this Section 8, if any Product you purchase from us does not meet your expectations (except that you will not be entitled to the return of or refunds for Pods, parts or customized Products), you may return it within thirty (30) days from the day of delivery (the “Return Period”) by contacting in writing our Customer Support Service at: [email protected]. Any shipping and/or handling charges are non-refundable. This return process does NOT apply to any missing, defective or un-operable Products, for these cases you should follow the instructions listed in Section 7 above.
9.2 In order to receive a refund for any purchased Product, such Products must be returned to us, unused, within the Return Period, in their original packaging, without any damage, together with all accessories or other deliverables provided with the Products. We are not responsible for any damage caused to the Product while in your possession. We reserve the right to refuse returns that are unauthorized and/or sent not in accordance with our return process. For avoidance of doubt, you shall be responsible for the cost to return us any returned Products, including all shipping costs.
9.3 Subject to the receipt of the Product(s) within the Return Period and in accordance with the terms hereof, we will reimburse you for all payments received from you in respect of the returned Product, no later than 30 days from the day we receive the Product(s). The reimbursement will be made using the same payment method you used for the initial purchase.
10. LIMITED WARRANTY; DISCLAIMERS. 10.1 Any of our Ripple machines purchased are provided with a manufacturer warranty as that provides that the Products delivered to you will, under normal use, be free from material defects in material and workmanship for a period of twelve (12) months from the delivery date (the “Warranty Period”). The warranty shall apply only to products purchased directly from us. If you have purchased the Product through a Reseller, please contact the Reseller regarding any claims during the Warranty Period. The entire liability of ours and your exclusive remedy under the standard warranty shall be, at our discretion, repair or replacement of the defective Product, provided that you submit a written request for returned merchandise authorization (“RMA”) to [email protected], promptly after a problem is identified and that such request is received by us within the Warranty Period. After we issue you an RMA, you shall deliver us the defective Product in its original packaging within 7 days and follow any return instructions issued by us. This limited warranty shall not apply to any damage caused in whole or in part by you as a result of: (i) accident, abuse, misuse, negligence; (ii) improper installation, storage, handling, transportation (unless the Product is covered under a mobility plan, if offered by us and in accordance with its terms) including, but not limited to, use not in accordance with the documentation and specific instructions given by us; (iii) any unauthorized repairs, modification, or alteration including any consolidation or embedment with or into another product or software, by any party other than by us or its authorized service providers; (iv) if the Product was subject to unusual physical, thermal, moist, mechanical, vibrational, or electrical stress; or (v) normal wear and tear. Replaced or repaired Products shall be warranted only for the remainder of the original Warranty Period.
10.2 THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PRODUCTS OR ANY COMPONENT THEREOF (INCLUDING FOR THE AVOIDANCE OF DOUBT, THE PRODUCT’S SOFTWARE) WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, VIRUS-FREE, OR MEET PARTICULAR GOVERNMENT AGENCY REGULATIONS OR YOUR REQUIREMENTS. THE FOREGOING DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TOP AND WERE A MATERIAL INDUCEMENT FOR US TO ENTER INTO THIS AGREEMENT.
11. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY UNDER THESE TOP OR THE ADDITIONAL TERMS, UNDER NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS (COLLECTIVELY, THE “RIPPLES PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, USE, GOODWILL, BUSINESS INTERRUPTION, PRODUCT DEFECT OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER ARISING AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF THE RIPPLES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE LIABILITY OF RIPPLES PARTIES FOR ANY AND ALL DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, ARISING FROM OR RELATING TO THE PRODUCTS OR THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER RIPPLES PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE..
11.3 Any claim or cause of action arising out of or related to the Product or any part thereof or these TOP must be filed within twelve (12) months after such claim or cause of action arose or be forever barred.
11.4 Nothing in these TOP excludes or limits our liability for (i) death or personal injury directly caused by our gross negligence or willful misconduct, (ii) fraud, or (iii) any other liability to the extent it cannot be limited or excluded under applicable law.
12. PERSONAL DATA. 12.1 The collection, storage, processing, use, sharing and transmission of your personal data is governed by our Privacy Policy which is incorporated by reference herein and available at: https://store.drinkripples.com/privacy-policy/. Your personal data will be used solely to process your Order and for such other specific purposes as expressly set forth in the Privacy Policy.
12.2 By submitting an Order, and when you provide us with personal data, you hereby grant us your specific informed consent to use and process, transfer and disclose your personal data to third parties as necessary to provide our services and operate our business, in accordance with our Privacy Policy. You represent and warrant that you have obtained all necessary consents and authorizations to share any personal data you provide to us.
13. EXPORT CONTROLS. Our Products are subject to export control laws. Following the shipment of your Product if you ship your Product outside of your jurisdiction, you are responsible and agree to comply with all applicable export control law.
14. FORCE MAJEURE. Nonperformance or delay in our performance of any obligations under these TOP shall be excused to the extent performance is rendered impossible or commercially impracticable due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, invasion or hostilities, terrorist threats or acts, riots or other civil unrest, national emergency, epidemic, pandemic, strikes or other labor disputes, restraints or delays affecting carriers or suppliers, inability to obtain necessary materials, or complete production or shipment of the Products. In such circumstances: (a) the time for performance of our obligations hereunder shall be extended until the lapse of such event or circumstances; and (b) we shall have no liability for any losses, damages or delays arising from or relating to such force majeure event.
15. CONTRACRING PARTY. 15.1 If your billing address is located in Israel, Ripples contraction party referred to in these TOP is Ripples Ltd., a company located at: Israel. 15.2 If your billing address is located in U.S. or Canada, Ripples contraction party referred to in these TOP is Ripples Inc., a company located at: the United States. 15.3 If your billing address is located in Japan region, Ripples contraction party referred to in these TOP is Ripples KK, a company located at: Japan. 15.4 If your billing address is located in Europe or Australia, Ripples contraction party referred to in these TOP is Ripples B.V, a company located in the Netherlands. 15.5 For all other jurisdictions not specified above, the contracting entity shall be Ripples Ltd.
16. MISCELLANEOUS. These TOP and the Additional Terms represent the complete and entire agreement concerning the Products or any component thereof between you and us and supersedes all prior agreements and representations between you and us in connection therewith. The headings used in these TOP are included for convenience only and will not limit or otherwise affect these TOP. If any term or provision of the TOP will be found to be invalid, illegal or unenforceable, such term or provision shall be deemed modified to the extent necessary to make the same valid and operative, or if it cannot be so modified, then eliminated, and the validity, legality, or enforceability of the remaining terms and provisions will not in any way be affected or impaired thereby. Our failure to act with respect to a breach of these TOP by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. These TOP are governed by and construed under the laws of the jurisdiction of the applicable Ripples contracting entity as identified in Section 14, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded. The courts of such jurisdiction shall have exclusive jurisdiction over any dispute arising out of or relating to these TOP, except that we may bring a claim for payment or injunctive relief in any jurisdiction in which you are located or conduct business.
