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Our Terms & Conditions
These Terms and Conditions (“Terms”) apply to goods and services provided through any website, application or other digital platform (each a “Site”) owned or operated by or for Russhh, including each Site on which these Terms are posted, such as official e-commerce and after-sales service sites associated with Russhh stores or any Russhh brand.
Effective Date: August 1, 2023
Last Updated: July 20, 2024
By Site, we mean Russhh.com and by any Site, we mean any site owned by Russhh.
Thank you for visiting our site. As you continue to interact with or place an order on this site, there are a few things you should know
Please read these Terms carefully as they set forth our respective rights and obligations. We hope you do not have any issues with these Terms, but if you do, you should immediately stop accessing, browsing, or using this Site and any other sites that link to these Terms. By continuing to access, browse, or use this Site or any other sites that link to these Terms, you acknowledge and represent to us that you have agreed to be bound by all of the terms and conditions set forth, that you are of legal age to form a binding contract with us, and that you have the authority to enter into and be bound by these Terms.
These Terms include a class action waiver and a waiver of jury or non-jury trials or requiring binding arbitration on an individual basis to resolve most disputes. This means that you waive the right to sue Russhh in court or in class actions of any kind.
These Terms also limit the remedies that may be available to you in the event of a dispute.
These Terms are subject to change at any time, at our sole discretion. You will know when the Terms have been changed and when the new Terms will be effective by referring to the “Last Updated Date” and “Effective Date,” respectively, at the top of these Terms. If you do not agree to any changes, you must stop using our Sites. Your continued use of our Sites constitutes your acceptance and agreement to all changes. We encourage you to periodically review this page to review the most current Terms.
These Terms refer to other terms, policies and conditions, all of which are incorporated into these Terms by reference.
ACCESS AND USE OF THE SITE AND ITS CONTENT
Our creative and technical teams have worked hard to create and distribute the content and information available on this Site. You agree to respect these efforts, which are protected by copyright laws and other legal rights, by strictly following the Terms of Use of the Site.
CREATING AN ACCOUNT AND ACCESSING THIRD-PARTY ACCOUNTS
To access certain features of the Site, you will need to become a Registered User. A “Registered User” is any person who creates an account with us. If you choose to create an account with us, you agree that:
You are at least 16 years old (or such other minimum age as may be required where you live).
You are creating the account for your personal use and will maintain only one account at a time.
All information you possess or provide is true, accurate, current and complete.
You will maintain and promptly update your account information to keep it true, accurate, current and complete.
You are and will continue to be responsible for all activities that occur under your account.
You will not share your account or password with anyone and will immediately notify us of any unauthorized use of your password or any other breach of security.
You can create an account either directly with us through the Site or by logging into the Site using a third-party account (such as a social network account). If you log into the Site using a third-party account, you represent to us that:
You have the right to disclose your login information to us and grant us access to the Third-Party Account.
You are not violating any rights, terms or conditions by disclosing your login information to us and granting us access to the Third-Party Account.
Our use of and access to the information contained in the Third-Party Account is not subject to any usage limitations, fees or payments of any kind.
You understand and agree that we may access, make available and store any information, photographs, materials and/or other content that you have provided and stored in the Third-Party Account so that it is available and may be used or disseminated by us in the future.
We may assume that all communications we receive through your account or under your password were made by you, unless you inform us otherwise.
Unless otherwise stated in the Terms of Use, any Third-Party Account Content will be considered your content. Subject to the privacy settings you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your account with us. Please note that if a Third-Party Account or associated service becomes unavailable, or if our access to such Third-Party Account is terminated by the third-party service provider, the content of the account may no longer be available on and through our Site. Please note that your relationship with the third-party service provider associated with your Third-Party Account is governed solely by your agreement(s) with such third-party service provider, and we take no responsibility and assume no liability for personally identifiable information that may be provided to us in violation of the privacy settings you have set in such Third-Party Account. We make no effort to review the content for any purpose, including, but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for the content of the Third-Party Account.
We may suspend or terminate your account and refuse any and all current or future use of our Site if we have reason to believe that you have created the account under a false identity, that your account information is not accurate or current, that you are not following the spirit of these Terms, or for any other reason in our sole discretion.
You acknowledge and agree that you will have no ownership, proprietary right or other interest in any account you create with us, and you further acknowledge and agree that all rights in and to such account are and will forever be owned by and inure to our benefit.
PLACING AN ORDER
When you place an order, you represent to us that:
You have read, understood and agree to these Terms.
You are of legal age to form a binding contract with us.
If you are purchasing on behalf of someone else, you have the authority to bind them, and you do bind them, to these Terms.
All information provided, including, without limitation, billing information and shipping address, is current, accurate and authorized.
FULFILLING YOUR ORDER
When you place an order, we will endeavour to fulfil that order to your complete satisfaction by doing the following:
When we receive your order, we will send you an email confirming receipt. If you do not receive a confirmation email within a reasonable time, please contact our customer service.
Once we confirm receipt, we will begin processing your order. Please note that confirming receipt of your order does not mean that we have accepted it.
Once your order has been successfully processed, we will send you an email confirming that we have shipped the order. When we release the order to the carrier for shipment, your order is deemed accepted and title and risk of loss pass to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not responsible for failed or delayed shipments.
REFUSING OR CANCELING YOUR ORDER
There may be times when we are unable to accept or must cancel your order. Here are some of the types of situations in which we will refuse or cancel an order:
The order contains insufficient or incorrect information, such as billing, payment, and/or shipping information;
Suspected or actual fraud;
The order is related to a prior credit card dispute;
Merchandise unavailability or fulfillment delays; or
An error in pricing or other merchandise information.
If we reject an order based on an error in pricing or other merchandise information, we will notify you at the email address provided and ask if you would like to resubmit your order using the corrected information.
If an item is delayed or becomes available, we will contact you at the email address you provided.
Although unlikely, we reserve the right to refuse or cancel an order for any reason.
PRICES
Prices are as listed. Prices displayed on this site may differ from prices offered by different retailers or in different locations. All prices, discounts and promotions displayed on this site are subject to change without notice.
We strive to display accurate pricing information. However, we may occasionally make typographical errors, inaccuracies or omissions relating to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
The price you will be charged will be the price in effect at the time you placed your order and will be set forth in your order confirmation email. Prices displayed include taxes and shipping and handling charges.
We may offer promotions from time to time that may affect prices and that are governed by terms and conditions in addition to these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail. Please read the full terms of the promotion for full details.
PAYMENT TERMS
Generally, we must receive payment before we can accept an order. When you submit an order, you must provide a valid credit card (Visa, Mastercard or other issuer accepted by us). Your agreement with your credit card provider governs your use of the designated credit card, and you must refer to that agreement and not these Terms to determine your rights and responsibilities with respect to your use of that card. By providing your credit card number and associated payment information, you authorize us to immediately charge your credit card for all fees and charges due and payable and to credit your credit card for any refunds due without further notice or consent required. You agree to notify us immediately of any change in your billing address or the credit card used for payment. You must notify us in writing within 7 days of receiving your credit card statement if you dispute any charges; otherwise, your dispute will be deemed waived.
In addition, you represent and warrant to us that:
The credit card information you supply to us is true, correct and complete.
You are authorized to use the credit card for the purchase.
Your credit card company will honor the charges.
You will pay charges incurred by you at the price charged, including shipping, handling and taxes.
We may change our billing or payment methods at any time.
RETURNS, EXCHANGES AND REFUNDS
Returns, exchanges and refunds are subject to our refund policy. Items designated on the Site as final sale or non-returnable are not subject to this policy and may not be returned.
RESALE RESTRICTIONS
We are proud of the reputation we have built over time and the quality of the products and services we offer. In order to maintain the integrity of our products and the reputation of our brands, and to ensure high quality customer service, only authorized retailers are selected in the selection of our products. When a retailer wishes to market and sell one of its brands, we evaluate it according to our selection criteria. Authorized retailers are informed of our criteria and are required to implement quality controls and comply with our after-sales service requirements.
The products and services made available on this Site are intended for sale only to individual consumers for their personal use. By placing an order on this Site, you agree that, unless otherwise agreed in writing by us, you are making the purchase for your own personal or household use or as a gift for the personal use of another person and that you will not engage in any form of resale or export. We reserve the right to reject any order that we believe to be placed for the purpose of resale and to cancel any account or subsequent order from a customer suspected of engaging in resale.
If you are authorized to purchase Products for resale, you agree to comply with all applicable laws and regulations (including, without limitation, anti-money laundering, anti-corruption and other laws) and to follow our policies, restrictions and criteria for authorized resellers and authorized points of sale. This includes, without limitation, restrictions on where and to whom the Products are sold. Without limiting the foregoing, you understand and agree that you may not resell or deliver Products to any sanctioned country or part thereof or to any person on a sanctions list. If you violate any of these policies, restrictions or criteria, we may cancel all current orders and refuse future orders.
PRIVACY
Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Site, including the purchase of products through the Site. By using the Site, including without limitation browsing, creating an account, subscribing to mailing lists, downloading content or placing an order, you acknowledge and represent that you have accepted these terms.
SMS TERMS AND CONDITIONS
We may offer you marketing alerts via email and SMS regarding sales, events, new product releases, cart reminders, back in stock alerts, loyalty program alerts and other topics (the “Messaging Service”). Our Messaging Terms and Conditions (“Messaging Terms”) explain how we collect and use information about you in connection with the Messaging Service. You acknowledge and represent that by participating in the Messaging Service, you have accepted these Messaging Terms.
LIMITED WARRANTY
Products sold on this Site are covered by a limited warranty. This is the only applicable warranty, so please read its terms carefully.
Unless covered by the limited warranty or as otherwise required by applicable law, this Site and all products are made available and/or sold “as is” and “as available” without warranty of any kind, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
You affirm that we will not be liable, under any circumstances, for any claim for breach of warranty and that your sole remedy is to rely on the terms of the limited warranty that accompanies your purchase.
LIMITATION OF LIABILITY
We provide the Site to you as a service. While we strive to maintain an accurate, error-free and useful Site, we cannot guarantee it. Therefore, if you encounter any problem or issue, please let us know promptly so that we can resolve it as soon as possible. In any event, you agree that any claim or cause of action arising out of or related to these Terms or your use of the Site (including purchases made through the Site) must be filed within one year after the first cause of action gave rise to the claim.
Further, to the fullest extent permitted by law, you understand and agree that in no event will we or any of our affiliates, officers, directors, representatives, agents, successors or assigns be liable for any indirect, incidental, special, exemplary or consequential damages arising out of or in any way related to this Site, your interactions with this Site or your purchase of any products from this Site or any damages resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, or any damages for personal or bodily injury or emotional distress arising out of or in any way related to the Terms, on any theory of liability resulting from (1) the use of or inability to use this Site (including its Content) or (2) any other matter related to this Site, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. Further, to the maximum extent permitted by law, our sole and entire maximum cumulative liability to you arising out of or relating to the Site or your purchase of products from this Site shall in no event exceed the actual amount paid by you for the services you used or products you ordered through this Site.
These limitations of damages are fundamental elements of the basis of the bargain between us. However, the laws of some countries do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions, limitations and disclaimers may not apply to you, and you may have other rights.
FORCE MAJEURE
We are not responsible for events beyond our control. Accordingly, you agree that we will not be liable to you, or be deemed to have failed to perform our obligations or breached these Terms, for any failure or delay in our performance when and to the extent that it is caused by or results (in whole or in part) from acts or circumstances beyond our reasonable control. This may include, but is not limited to, environmental matters (flood, fire, earthquake, explosion, etc.), governmental action (including war, invasion or hostilities), terrorist threats or acts, riots or other civil unrest, national emergency, epidemics, pandemics, lockouts, strikes, other industrial disputes (related to our staff or other workers, such as logistics service providers), supply chain problems, telecommunications outages and power outages.
DISPUTE RESOLUTION; BINDING ARBITRATION; JURY TRIAL WAIVER
Please read this section carefully. It may significantly affect your legal rights, including your right to litigate in court. Your use of or access to the Site constitutes your agreement to this arbitration provision. Please read it carefully because it states that you and we are each waiving any right to litigate in court or participate in a class action for matters that fall within the terms of the arbitration provision.
Except for disputes that cannot be resolved informally, claims that qualify for small claims court, and claims brought by us for injunctive or other equitable relief related to your breach of the Terms of Use or any intellectual property right, all disputes arising out of or relating to these Terms or any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by final and binding arbitration before a neutral arbitrator rather than in court by a judge or jury, and you agree that you and we are each waiving our statutory right to sue in court and have a. You agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted, and you agree to waive the ability to participate in a class action.
This arbitration provision applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
In any circumstances where this arbitration provision permits us to litigate in court, we each agree that any such claim or dispute must be brought in the courts located in France; to that end, we each agree to submit to the personal jurisdiction of such courts, and we each agree to waive any objection to venue in such courts.
Before either of us may seek arbitration or, if permitted, commence a court action, we must first send the other a written Notice of Dispute (“Notice of Dispute”) describing the nature and basis of the claim or dispute and the requested relief. After we receive a Notice of Dispute, we may attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within 30 days after we receive the Notice of Dispute, then either of us may begin an arbitration proceeding. The terms of any settlement offer (including the amount) made by either of us to the other may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either of us is entitled.
We will each bear our own costs, expenses (including attorneys’ fees) and disbursements.
All aspects of the arbitration proceeding, including, but not limited to, the arbitrator’s award and compliance therewith, will be strictly confidential. You and we each agree to maintain confidentiality, except as required by law. This paragraph does not prevent either of us from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
APPLICABLE LAW
To the fullest extent permitted by law, all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of France, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than France. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
GENERAL PROVISIONS
18.1. Term and Termination. These Terms and Conditions shall become effective on the date you accept them (as described above) and shall remain in full force and effect while you use the Site Properties, subject to our right to terminate for any breach of these Terms and Conditions.
18.2. Electronic Communications. Communications between you and us may use electronic means, whether you visit one of our sites or communicate with us by email, online chat, telephone or otherwise, or whether we post a notice on our sites or communicate with you by email, online chat or other electronic communication. You consent to receive communications from us in electronic form, acknowledge and agree that such communications may be exchanged through a service provider who may have the ability to intercept or access the content of such communications in real time, and that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were otherwise in writing.
18.3. No Assignment. The Terms, and your rights and obligations under the Terms, may not be assigned, contracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
18.4. Compliance and Consumer Complaints. If you believe that we have not complied with these Terms, please contact us. We will do our best to address your concerns. If you feel that your complaint has not been fully addressed, we encourage you to let us know for further investigation.
18.5. Notices. You are responsible for ensuring that we have the most up-to-date information on how to contact you. If notice is required, we will send it to your most current email address. Our sending of this email will constitute effective notice even if it is not your most current email address or if you have deactivated that email account. If you have not provided us with an email address, we will send the notice to your most recent physical address. Our sending of this communication will constitute effective notice even if you are no longer at that address. You must send any notice, including any notice of dispute, to us at support@russhh.com.
18.6. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of that provision on any other occasion.
18.7. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will still apply, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the fullest extent permitted by law.
18.8. Entire Agreement; Admissibility. The Terms constitute the final, complete and exclusive agreement between us concerning the subject matter set forth in these Terms and supersede and merge all prior discussions between us concerning such subject matter. A printed version of these Terms will be admissible in proceedings arising out of or relating to these Terms, including, without limitation, use of the Site and the purchase of products or services through the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
INTERNATIONAL USERS
Our Sites may be accessible from countries around the world and may contain references to content and properties on the Site that are not available in your country. Such references do not imply that we intend to introduce such content or properties into your country. We make no representation that the Site’s Content or Properties are appropriate or available for use in locations outside the country from which the Site is controlled and/or operated. If you choose to access the Site or use the Site’s Content or Properties from other jurisdictions, you do so at your own risk and are responsible for compliance with local laws.
END OF TERMS AND CONDITIONS
