Terms of Sale

Last Updated:  March 16, 2013

 

 

PLEASE READ THESE TERMS OF SALE ("TERMS") CAREFULLY. THESE TERMS APPLY TO YOU AND YOUR PURCHASE OF ANY PRODUCTS FROM POOKI’S MAHI THROUGH ITS WEBSITE, LOCATED AT WWW.POOKISMAHI.COM  ("SITE"), EXCEPT TO THE EXTENT THAT YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH POOKIS MAHI THAT SUPERSEDES SOME OR ALL OF THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN POOKI’S MAHI’S SOLE DISCRETION. BY PLACING AN ORDER FOR PRODUCTS THROUGH THE SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF SUCH ORDER. ALL SALES ARE EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS IN ADDITION TO POOKI’S MAHI'S TERMS OF USE.

 

 

1. Your Account

When you make a purchase from the Site, you may create an account as part of the checkout process.  You are responsible for maintaining the confidentiality of your password and account.  You further agree to accept responsibility for all purchases and activities that occur under your account.

 

 

2. Acceptance of Order

Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.

 

 

3. Pricing and Availability

All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

 

 

4. Payment Terms

Pooki’s Mahi currently accepts Visa, MasterCard, American Express, Discover credit cards and PayPal. Pooki’s Mahi has partnered with Shopify and Stripe to handle payments.  By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.

 

 

5. Shipping Terms and Policies

We endeavor to ship all orders for in-stock items within one (1) business day depending on the shipping method you choose.  Pooki’s Mahi partnered with Webgistix and Amazon to fulfill our products.  Please refer to the Shipping Information for more information.  We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.

All shipping charges are your responsibility, unless waived by Pooki’s Mahi. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.

All orders are shipped FOB shipping point. Title to products passes from Pooki’s Mahi to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.

 

 

6. Back Orders

If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.

 

 

7. Return and Exchange Policies

When you shop with us, we want you to be completely satisfied. If for any reason you are not satisfied with your purchase, you may return it for a refund of the purchase price. Any gift item shipped to you from PookisMahi.com may be returned for a refund.  Refund checks are not available for gift returns. Returns older than 30 days will not be accepted. We currently do not support exchanges. 

For your convenience, the Return Form includes a Return Label that you may use when shipping the package back to us. Simply attach the label to the outside of your package and send the package via UPS or insured parcel post. Please first remove the old label from the packaging or make sure that the Return Label covers the old one.

Refer to Pooki’s Mahi Return Policy for more information and to follow the 4-step process.

 

Our Customer Service for PookisMahi.com is via email through the Contact page.  We usually respond within 48-72 hours PT, Closed Saturday – Sunday and US Holidays.  If you purchased a product on Pooki's Mahi Amazon store, our Customer Service is via Amazon’s Buyer-Seller Messages.  

 

 

Return your package to:
Refer to Pooki’s Mahi Return Policy to follow the 4-step process.

What do I do if I purchased an order on Amazon and my order is incomplete, incorrect or damaged?

If you order is incomplete, incorrect, or damaged, please contact us via Amazon’s Buyer-Seller Messages.  We usually respond within 48-72 hours PT, Closed Saturday-Sunday and US Holidays.

How do I exchange an item?
We do not offer exchanges at this time.

 

 

8. Privacy 

Please refer to our Privacy Policy for information about how Pooki’s Mahi collects, uses and discloses personal information from users of the Site.

 

 

9. Errors

We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Pooki’s Mahi is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

 

 

10. Limitation of Liability

POOKI’S MAHI WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, POOKI’S MAHI LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

 

11. Warranties

Pooki’s Mahi products may be returned in accordance with the policies described above. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM POOKI’S MAHI RELATING TO THE PRODUCTS YOU PURCHASE. POOKI’S MAHI MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY POOKI’S MAHI "AS IS" AND WITHOUT WARRANTY OF ANY KIND.

 

 

12. Governing Law; Venue

These Terms and your purchase of products from Pooki’s Mahi through the Site shall be governed and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms or your purchase of products shall be filed only in the state and federal courts located in Santa Clara County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.