Delivery Service Terms

Welcome to the Terms and Conditions (“Terms”) for our Waiakea Hawaiian Volcanic Water Store (our “Store”). These Terms are between you and Waiakea, Inc. (“Waiakea Hawaiian Volcanic Water”, “we”, “us” or “our”), and govern your and our respective rights and obligations.

Please note that your use of the store.waiakeasprings.com website (the “Site”) is governed by the Terms, along with our Terms of Use and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the Site, all of which (as may be changed over time) are incorporated into these Terms, and together constitute the entire agreement between you and Waiakea Hawaiian Volcanic Water relating to our Store. By placing an order through our Store, you accept these Terms, conditions, limitations and requirements. Please read these Terms carefully.

 

SUBSCRIPTION SERVICES

Recurring Subscriptions: If you sign up for a monthly recurring subscription membership plan from our Store, you will receive the same products you ordered every month. Your recurring water subscription will continue until it is canceled by either you or Waiakea Hawaiian Volcanic Water.

Either you or Waiakea Hawaiian Volcanic Water can cancel the Month-to-Month recurring subscription plan at any time with no cancellation fee and no responsibility for recurring charges after cancellation, except that if a shipment in a recurring subscription has already been processed prior to such cancellation, your recurring subscription shipment will be cancelled after the aforementioned shipment, and you will still be responsible for payment of the last shipment.

Annual 12-month subscription plans cannot be canceled for any reason. We are only able to offer the annual 12-month subscription plan at wholesale discount pricing with the commitment of 12 months of service by the customer. After the 12th month of service on an annual subscription plan, you may cancel at any time by contacting Waiakea Hawaiian Volcanic Water at customerservice@waiakeasprings.com. If you do not cancel, you will continue to receive recurring deliveries and your account will continue to be charged. You may place a hold for a maximum of 3 months on any subscription plan, as needed, by contacting us at (855)-WAIAKEA or by email at customerservice@waiakeasprings.com.

Upon cancellation of any subscription plan, any account created or registered by you for our Store (your “Account”) will not be deleted and you can still sign in to our Store until such time as Waiakea Hawaiian Volcanic Water limits your access to or suspends your Account. You agree that any cancellation, limitation of access and/or suspension of your Account shall be made in Waiakea Hawaiian Volcanic Water’s sole discretion and that Waiakea Hawaiian Volcanic Water shall not be liable to you or any third party for the cancellation, limitation of access and/or suspension of your Account.

For more information about subscription plans available through our Store, please visit our FAQ page on the Site.

 

E-GIFT CARDS

The following terms and conditions apply to Waiakea Hawaiian Volcanic Water’s e-Gift Cards in general and are subject to change at any time at Waiakea Hawaiian Volcanic Water’s sole discretion. Purchase, use or acceptance of a gift card constitutes acceptance of these terms and conditions:

 

  • Only redeemable online at store.waiakeasprings.com for products or services where available.

 

  • All gift cards are for one-time use only.

 

  • Not redeemable for cash, except where required by law.

 

  • Lost, stolen or damaged gift cards will not be replaced.

 

  • Not a credit or debit card.

 

  • For gift card balance, email customerservice@waiakeasprings.com. You will need to have your card number.

 

  • No expiration date, no fees.

 

  • Discounts or coupons are not redeemable toward gift card purchases.

 

  • Resale is strictly prohibited

 

  • For more information regarding how Waiakea Hawaiian Volcanic Water collects, uses and discloses any information concerning any gift card, please refer to Waiakea Hawaiian Volcanic Water’s Privacy Policy at Waiakeasprings.com.

 

  • These terms and conditions are subject to the laws of the State of California without giving effect to the principle of conflicts of laws.

 

  • WAIAKEA, INC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WAIAKEA, INC DOES NOT REPRESENT OR WARRANT THAT A GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.

 

  • All terms enforced except where prohibited by law

  

FRAUD PROTECTION

As part of our order processing procedures for our Store, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

If at any time you suspect fraud or unauthorized access to your account, please contact us as soon as possible at customerservice@waiakeasprings.com.

 

TRANSACTIONS

If you wish to purchase any product or service made available through our Store (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Waiakea Hawaiian Volcanic Water the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted in our Store are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in our Store does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any item purchased from our Store. By placing an order, you represent that the products ordered will be used only in a lawful manner. Waiakea Hawaiian Volcanic Water reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any Transaction through our Store; and (iv) refuse to provide any user with any product or service.

You agree that by placing an order through our Store, you are entering into a binding contract with Waiakea Hawaiian Volcanic Water and agree to pay all charges that may be incurred by you or on your behalf through our Store, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transaction.

For more information about ordering products through our Store, please visit our FAQ page on the Site.

 

RISK OF LOSS

Any product purchased from our Store will be shipped by a third-party carrier. As a result, title and risk of loss for such product will pass to you upon our delivery of product to the carrier for shipment and delivery to a customer.

 

RETURNS & REFUNDS

If the product(s) you purchased from our Store becomes damaged while being delivered by a third-party carrier to you, we will replace or refund the product for up to 60 days after the date of your purchase. For any replacements or refunds, please contact us at (855) 924-2532 or email us at customerservice@waiakeasprings.com.

SUBJECT TO THE IMMEDIATELY PRECEDING PARAGRAPH, ONCE YOU PURCHASE A PRODUCT FROM OUR STORE, THE TRANSACTION IS COMPLETE AND WAIAKEA, INC WILL NOT SUBSEQUENTLY ACCEPT A RETURN OR REFUND OF THAT PRODUCT FOR ANY REASON.

For more information about returns and refunds, please visit our FAQ page on the Site.

 

CONTACTING US

If you have any questions about these Terms, please contact us at (855) 924-2532 or email us at customerservice@waiakeasprings.com.

© 2019 WAIAKEA, INC. All rights reserved.