Terms of Sale

These are the terms and conditions (the “Terms of Sale”) that apply when you purchase products (“Merchandise”) or magazine subscriptions (“Subscriptions”) on the Website of Imbibe Magazine (“Imbibe” or “Seller”). By placing an order for Merchandise through imbibemagazine.com or our mobile Websites (collectively, “Websites”), you accept these Terms of Sale and agree to be bound by them. If you have any questions about these Terms of Sale or any aspect of your order, please e-mail our Customer Service Department at info @ imbibemagazine.com.

These Terms of Sale, together with the Website’s Terms of Use and the Website’s Privacy Policy constitute the sole and entire agreement between Imbibe and Buyer (“You ” or “Buyer”) with respect to the subject matter of this agreement, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter. In the event of any inconsistency between the statements in the body of this agreement, and the related Terms of Use and Privacy Policy, these Terms of Sale shall control.

  1. Ordering & Payment.
    1. After we receive your order, you will receive an email from us confirming receipt of your order, usually in minutes. If you do not receive an email, contact us before you try to place another order for the same merchandise. You should note that the email that we send to you confirming receipt of your order does not constitute acceptance of your order.
    2. If we decline your order because of an error in pricing, product, payment or other information in your order, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant merchandise once the error is corrected.
    3. We currently accept the following online methods of payment: [Visa, MasterCard, Discover, and Paypal]. Please ensure your billing address on file with your financial institution matches the billing address provided. It is your responsibility to retain all records of your purchase in the event it may be needed in the future. Should any personal information that is necessary to fulfill your order change after the time your order was placed (such as shipping address or phone number), it is your responsibility to contact us with updated information. If your order is returned to us due to being provided incorrect shipping information, you may be subject to a return shipment fee. Your order confirmation will reflect the items ordered and the total amount to be charged. Your bank or card issuer’s agreement governs your use of your designated card or account in connection with your purchase, and you must refer to such agreement (not this agreement) with respect to your rights and liabilities as an accountholder or cardholder.
    4. Please see Section [9], Data Security, for information about how we handle your account information. Information you supply in the process of creating your account will be governed by the terms of our Privacy Policy.
    5. Items on our Websites may, on rare occasion, be mispriced. If an item’s correct price is lower than our stated price, we will refund the difference and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for additional payment before shipping or cancel your order and notify you of such cancellation.
    6. You are responsible for paying all sales, use and other taxes relating to any of your purchases of products or services through this Website.
    7. International Orders: Please contact us directly at info @ imbibemagazine.com if you have questions about ordering and receiving Merchandise outside the United States.
  2. Merchandise Backorder or Shipping Delay.
    If we are unable to ship any Merchandise within thirty (30) days from the date of your order, we will notify you at the e-mail address that you have provided. You will not be charged for Merchandise on backorder until it ships. All items in an order will be shipped via the shipping service type selected when placing the order. If an item of Merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on our Website relating to the order, Imbibe may cancel the order. If this occurs, we will contact you so you are aware.
  1. Customer Service.
    You can make inquiries or changes, or cancel your order, at any time before your order has been processed. To make changes to your order, please contact our Customer Service Department by e-mail at info @ imbibemagazine.com.
  1. Shipping Policies.
    1. Unless otherwise explicitly stated, you are solely responsible for paying all shipping and processing charges relating to your purchases through this Website, and for insuring your purchases if you desire to.
    2. Shipping and handling charges will depend on the value of your order, the country to which the Merchandise is being shipped, and your required shipping time.
    3. The Merchandise will be delivered by the shipping method that you select at the time you place your order, subject to availability of Merchandise. Imbibe shall not be liable for any delays, loss or damage in transit. The title to the Merchandise will transfer to you from Imbibe upon shipment, after which point Imbibe shall have no liability for any loss of, or damage to, the Merchandise.
    4. Imbibe may, in its sole discretion, without liability or penalty, make partial shipments of Merchandise to Buyer.
    5. Imbibe shall not be liable for any non-delivery of Merchandise (even if caused by Imbibe’s negligence) unless Buyer gives written notice to Imbibe of the non-delivery within 15 days of the date when the Merchandise would in the ordinary course of events have been received. Any liability of Imbibe for non-delivery of the Merchandise shall be limited to replacing the Merchandise within a reasonable time or adjusting the invoice respecting such Merchandise to reflect the actual quantity delivered.
    1. Returns on Merchandise.
      1. Please inspect your Merchandise immediately upon receipt. If you have questions or concerns about the Merchandise, please contact Customer Service as soon as possible at 503-595-0144.
      2. We do not accept returns on perishable items. However, we are happy to resolve problems as they arise. If you have any issues with your Merchandise, or if there are errors in your order, please contact us at 503-595-0144 within 2 days of receiving your order. We will do our best to ensure that you are satisfied.
      3. For subscriptions, we will refund the amount that covers any issues that have not yet been shipped. For example, if you subscribe for a year and then cancel after two issues, we will refund the amount for the four remaining issues. Refund requests must be received with 30 days of the most recent publication date in order to be effective for the subsequent and following issues of the Magazine.
      4. Thirty-day money back guarantee on Merchandise: If you are not satisfied with your Merchandise purchase, you may return it within thirty (30) days of receipt. To receive a full refund (less shipping and handling), all items must contain their original packing materials and receipt. To initiate a return, please contact Customer Service at 503-595-0144 and provide your order number, name, reason for a return or exchange, and the item and quantity you wish to return or exchange. We will contact you with information on how your return will be processed.
      5. Complaints or concerns must be reported within fifteen (15) days of shipment; after that time your acceptance of the Merchandise is irrevocable.
      6. Merchandise purchased on the Website may only be returned or exchanged by sending the Merchandise back to us at: Imbibe Media, Inc. 1001 SE Water Ave., Ste 285, Portland, OR 97214
      7. Refunds & Exchanges: All refunds issued will be in the amount of the product cost only. Shipping and handling costs or any additional surcharges for shipping are non-refundable and non-exchangeable. If you choose to return your order for an exchange, new shipping and handling charges will be applied to your second order as applicable. Refunds will be issued via the method by which the original payment was made.
      8. Please contact us within 7 days of delivery if an incorrect item was received. If we are not contacted until after the 7 day period regarding receipt of an incorrect item, you will not be eligible for a complimentary replacement.
    2. Types of Subscriptions.
      1. Print subscription.
      2. Gift subscription.
      3. Digital subscription.
    1. LIMITED WARRANTY.
      1. WE WARRANT THAT DURING THE WARRANTY PERIOD (AS DEFINED IN PARAGRAPH 6 BELOW), THE MERCHANDISE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
      2. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
      3. OUR RESPONSIBILITY FOR DEFECTIVE MERCHANDISE IS LIMITED TO REPLACEMENT OR REFUND AS DESCRIBED ABOVE IN THIS WARRANTY STATEMENT.
      4. Imbibe extends this limited warranty only to the customer who originally purchased the Merchandise. It does not extend to any subsequent owner or other transferee of the Merchandise.
      5. This limited warranty does not cover any damage due to: (a) transportation and storage after shipment; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
      6. This limited warranty starts on the date of your purchase and lasts for [one year] (the “Warranty Period”). The Warranty Period is not extended if we repair or replace the Merchandise. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. With respect to any defective Merchandise during the Warranty Period, we will, in our sole discretion, either: (a) repair or replace such product free of charge or (b) refund the purchase price of such product. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective product.
      7. Please note that the colors, dimensions and details that you see on your computer or device may vary depending upon your display, so we cannot guarantee that your computer will accurately display the true details of our products and services. If the received Merchandise does not exactly match the images on your screen in color or other details, such differences will not constitute a defect for the purposes of warranty claims under this section.
    2. LIMITATION OF LIABILITY.
      1. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. IN NO EVENT WILL IMBIBE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO IMBIBE. IMBIBE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
      2. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
    3. Data Security.
      Imbibe reserves the right to store your personal information given to us in our secure database for business purposes. Please see our Privacy Policy for information about how we collect, use, share, and protect your personal information.
    1. No purchases by minors.
      You must be at least the age of majority where you reside to order from the Websites. If Imbibe discovers that an order has been placed by a minor, we will attempt to cancel that order and inform you. If a person of less than majority age orders and receives a product or service from the Websites without parent or guardian permission, that parent or guardian may return the product or service according to the return policy stated above.
    1. Other Terms, Governing Law & Jurisdiction.
      This Agreement is governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon in each case located in Portland and Multnomah County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. To the full extent permitted by law, no legal proceeding will be joined with any other or decided on a class-action basis.

    Date: 10/5/16