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TERMS AND CONDITIONS

 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY: THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS.

The policies below are applicable to the Umeken USA Inc. (“Umeken” or “we,” “us,” “our”) network of websites, including the website located at www.umeken.com (including any versions optimized for viewing on a wireless or tablet device); all e-mail newsletters published or distributed by; and all other interactive features and communications provided by Umeken, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by us (collectively, “Web Site”).

YOUR USE OF THE WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

  1. MODIFICATIONS
  • We reserve the right to modify these Terms & Conditions at any time to incorporate any business practice changes or law or regulation changes. Please check back periodically to review these modifications because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms posted on particular pages of the Web Site.
  1. PRODUCTS, CONTENT, AND SPECIFICATIONS
  • All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice.
  • While Umeken makes all reasonable efforts to provide accurate product information, certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Umeken and its service suppliers which operate this Web Site pursuant to agreements with Umeken, make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
  • Umeken attempts to deliver accurate and current information through our Web Site. Despite our efforts, however, the information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Web Site. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice.  In an event that a purchase is processed through our Web Site based on incomplete or inaccurate information, Umeken shall have the right to refuse or cancel any orders placed for the product listed incorrectly.  
  • It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
  1. ORDERING, SHIPPING, AND RETURNS
  • When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
  • Unopened products must be returned to Umeken within 30 days for a full refund. Your refund will generally be in the same form as the original purchase. Opened products you wish to return must be returned within 30 days. Umeken will review and determine the refund or credit amount offered back to you, the buyer.  The credit may be used towards an exchange for another product at Umeken. Opened product return may be subject to a 15%  ~ 30% restocking fee depending on the product’s condition. All postage required for return will be at buyer’s expense. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
  • While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
  • We reserve the right, without prior notice, to limit and/or to refuse service to any customer.
  • PROCESSING TIME: Umeken works diligently to process your order as quickly as possible in the manner described below. Global logistic issues have affected nearly every shipment and thus the below description is meant as a guide only and is not intended as a representation or guarantee regarding exact delivery times.
  • Orders received after 1 PM P.S.T/4 PM E.S.T will be processed the following business day. Orders received before those times on a weekday will usually leave the warehouse the same day, but shipment may take up to 2-5 business days to arrive depending on the destination.  We will try our best to process and send out your shipment expeditiously upon receipt, but depending on the time of year (i.e., Christmas or other Holiday seasons) delays may occur.
  • All orders received on weekends or holidays will be shipped on the following business day.
  • All orders received from Continental US (excluding Alaska and Hawaii) will be sent out via UPS Ground. All international orders including to Alaska and Hawaii and APO, will be sent by an alternate carrier (i.e., USPS or Private Delivery Service to Korea/China).
  • Your shipment’s expected delivery date is contingent upon the carriers’ shipment delivery schedule. 
  • For all charges or deposits for any events, products and/or services ordered by you on or through the Web Site, Umeken or its vendors or agents will bill your bank card or alternative payment method offered by Umeken and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Umeken and its vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Web Site. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
     
  1. ACCOUNT REGISTRATION AND SECURITY
  • You understand that you may need to create an account to place orders and to have access to all of the parts of the Web Site. In order to use those restricted portions of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web Site's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Umeken has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Umeken has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Web Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Web Site. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
  • You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend or discontinue all or any aspect of this website at any time without notice.
  1. USE OF THIS WEB SITE / TRADEMARKS
  • The design of this Web Site and all text, graphics, images, video, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The content, software and other technology components of this Web Site are © Umeken USA, Inc. or its respective affiliates or suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You will not remove any copyright, trademark or other proprietary notices from material found on the Web Site.
  • Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Umeken and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Umeken or such other owner.
  • Creating or maintaining any link from another Web site to any page on this Web Site or running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without Umeken USA, Inc.'s prior written authorization is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
  • Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
  • You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without our express written permission. Additionally you agree that you will not take any action that imposes or may impose in our sole discretion an unreasonable load on our infrastructure. You agree that you will not attempt to bypass any measures we may use to prevent or restrict access to the Web Site.
  • We control the Web Site from our offices within California, USA. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America choose to do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories.
     
  1. CONTESTS, PROMOTIONS, AND GAMES
  • From time to time Umeken may offer contests, promotions, sweepstakes, and games. Additional terms and conditions may apply to your participation in these offers.
  1. EXTERNAL LINKS
  •  From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by Umeken or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.
  1. USER COMMUNICATION
  • Other than personally identifiable information, which is subject to this Web Site's Privacy Statement (available at https://www.umeken.com/privacy-policy.html), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit to us in any manner ("User Communications") is and will be considered non-confidential and non-proprietary.
  • We may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.
  • We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications.
  1. JURISDICTION
  • These Terms and Conditions supersede any other agreement between you and Umeken USA, Inc. to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the federal or state courts of the State of California.
  1. HEALTH RELATED INFORMATION
  • The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Korean Health Journal or media advertisement) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
  1. DISCLAIMERS
  • YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER UMEKEN NOR ANY OF ITS RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER UMEKEN NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
  • TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” WITHIN THE MAGNUSSON-MOSS WARRANTY-FEDERAL TRADE IMPROVEMENTS ACT, THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
  • YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST UMEKEN, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.
  1. LIMITATIONS OF LIABILITY
  • Neither Umeken nor its affiliates assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or you downloading of any information from this Web Site.
  • N NO EVENT WILL UMEKEN, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS
  • IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
  1. INDEMNITY
  • You agree to indemnify and hold Umeken and our parents, affiliates, and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions
  1. GENERAL
  • Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred
  1. ADDITIONAL ASSISTANCE
  • If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at info@umekenusa.com. Alternatively, you may call us at 1-888-941-3311.
  1. ENTIRE AGREEMENT
  • These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between Umeken and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
 
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