Conditions d'utilisation
Welcome to Venty and our website and shop at www.ventyfan.com. These Terms and Conditions (these “Terms”) (together with the documents referred to on it) tells you the terms and conditions on which we sell you our Venty Fans, Cozypod and accessories shown on our website (Products).
Please read these Terms carefully before ordering any Products. Please understand that by ordering any of our Products, you agree to be bound by these Terms and that if you refuse to accept these Terms, you will not be able to order any Products from us.
1. ABOUT US
1.1. We are In Poor Taste LLC, Nevada, USA (“Venty”, “we”, “us”, “our”).
1.2. We operate the website and shop at www.ventyfan.com (our “website”).
1.3. To contact us, please email support@ventyfan.com.
1.4. These Terms were last updated on Sunday, September 1st, 2024.
1.5. The following also apply to these Terms and form an integral part of these Terms:
1.5.1. our Privacy Policy;
1.5.2. our Cookie Policy;
1.5.3. our Shipping Policy; and
1.5.4. our Refund policy.
2. ELIGIBILITY
By placing an order through our website, you warrant that:
2.0.1. you are legally capable of entering into binding contracts; and
2.0.2. you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED
3.1. Your order constitutes an offer to us to buy a Product.
3.2. After placing an order, you will receive an email from us acknowledging that we have received your order (“Order”). This does not mean that your Order has been accepted.
3.3. All orders are subject to acceptance by us.
3.4. The contract between us (“Contract”) will only be formed when we dispatch the Product.
4. WHEN ORDERS ARE NOT ACCEPTED
4.1. While we do our best to always accept Orders, we can refuse an Order if:
4.1.1. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
4.1.2. we discover that there was an error on our website relating to the Products you ordered, such as an incorrect price or description or the Products are out of stock or no longer available.
4.2. If we cannot accept your Order we will contact you and refund you any money you have already paid for such Products.
4.3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
5. PRODUCTS DESCRIPTIONS
5.1. We do our best to ensure that the information about our Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order.
5.2. We also reserve the right to modify the information about the Products including their prices, description and availability. However, such changes will not affect Orders accepted by us.
5.3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the inaccuracy of any Product description, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
6. PRICE AND PAYMENT
6.1. The price of the Products and our delivery charges will be as quoted on our website, except in cases of obvious error.
6.2. Product prices and delivery charges are liable to change at any time, but changes will not affect already dispatched Orders.
6.3. We are under no obligation to provide the Product to you at the incorrect lower price, even after we have dispatched the Product, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
6.4. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
6.5. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
7. CHARGEBACK
You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any transaction. If you make a card payment through our website, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
8. CANCELLATION
8.1. We reserve the right to cancel, at any time before delivery and for whatever reason, any Order that we have previously accepted such as if there is an event beyond our control, or we are unable to supply the Products.
8.2. If we cancel your Order we will contact you and refund you any money you have already paid for such Products.
8.3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
9. DAMAGED OR DEFECTIVE PRODUCTS
9.1. If you have received a damaged or defective Product, please email support@ventyfan.com within 7 days of delivery and attach pictures of the damaged item so that the damage can be checked.
9.2. Please do not dispose of the item until you have heard back from us. No complaint can be considered unless clear proof can be given that the Product(s) are faulty or damaged.
9.3. We will respond to all complaints within 5 working days.
10. RISK AND TITLE
10.1. The Products will be at your risk from the time of delivery.
10.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
11. SPECIAL OFFERS, DISCOUNTS AND PROMOTIONS
11.1. We reserve the right to change, limit or terminate any special offers, discounts, and promotions at any time without notice.
11.2. All special offers, discounts, and promotions are subject to availability and may require you to accept additional terms and conditions which are hereby expressly incorporated into these Terms.
11.3. We reserve the right to limit certain special offers, discounts, and promotions to one order per customer as defined by their email address and/or credit card address and/or delivery address.
12. OUR RIGHT TO VARY THESE TERMS
We reserve the right to revise these Terms at any time. Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and amending the relevant date at the top of this page.
13. WARRANTY
13.1. We warrant to you that any Product purchased from us through our website will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
13.2. We will at our option replace or refund the price of Products which you notify us are defective.
13.3. This warranty shall not apply to defects caused by misuse, neglect, accident, improper storage, installation or handling, frost damage, repair or alteration not carried out or authorized by us.
14. OUR LIABILITY
14.1. If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3. We do not in any way exclude or limit our liability for:
14.3.1. death or personal injury caused by our negligence;
14.3.2. any breach of the legal terms to title and quiet possession;
14.3.3. any breach of the legal terms to satisfactory quality, fitness for purpose and description; and
14.3.4. any breach of the legal terms to defective products.
15. COMMUNICATIONS BETWEEN US
15.1. When we refer, in these Terms, to “in writing”, this will include email.
15.2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, normally by email.
15.3. If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your Order.
15.4. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, or 24 (twenty-four) hours after an email is sent.
15.5. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16. EVENTS OUTSIDE OUR CONTROL
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1. strikes, lock-outs or other industrial action;
16.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5. impossibility of the use of public or private telecommunications networks; and
16.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
16.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. BINDING ARBITRATION
17.1. If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
17.2. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in Nevada, online or offline, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA Website www.adr.org.
17.3. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
17.4. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
17.5. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
18. CLASS ACTION WAIVER
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.
19. WAIVER OF JURY TRIAL
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20.1. Using our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Services, satisfy any legal requirement that such communication be in writing.
20.2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via our Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. OTHER IMPORTANT TERMS
21.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
21.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
21.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us.
21.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
21.7. These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its choice of law provisions.
22. Scented Tabs
The statements made in connection with the scented aromatheraby tabs have not been reviewed by the Food and Drug Administration, and the products’ efficacy has not been confirmed through Food and Drug Administration-approved studies. This product is not intended to diagnose, treat, cure or prevent any disease. This part is a choking hazard and should be kept away from children 7 years of age or under.
23. User Comments, Feedback, And Other Submissions
User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
24. Venty Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Venty Inc., including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Text the keyword STOP to unsubscribe.
Message frequency will vary. Venty Inc. reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Venty Inc. also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Venty Inc., its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
You also agree to Venty Inc's Terms of Use and Venty Inc's Privacy Policy.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Cancellation
Text the keyword STOP, CANCEL, or UNSUBSCRIBE to our phone number to cancel. After texting STOP, CANCEL, or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, CANCEL, or UNSUBSCRIBE keyword commands and agree that Venty Inc. and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Venty Inc. through any other programs you have joined until you separately unsubscribe from those programs.
Help
Text the keyword HELP to our number to return customer care contact information.
Customer Care
If you are experiencing any problems, please visit https://www.ventyfan.com/pages/support and submit the form with details about your problem or your request for support, or email support@ventyfan.com.
Contact
This message program is a service of Venty Inc., located at:
6900 Westcliff
Dr. Ste 503
Las Vegas, NV 89145
Dispute Resolution
General
In the interest of resolving disputes between you and Venty Inc. in the most expedient and cost-effective manner, you and Venty Inc. agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Venty Inc. or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Venty Inc. or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises.
YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Venty Inc. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions
Notwithstanding subsection 'General' above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Venty Inc. to: (i) bring an individual action in small claims court; (ii) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator
Any arbitration between you and Venty Inc. will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Venty Inc. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process
If you or Venty Inc. intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Venty Inc. address for Notice is: Venty Inc., Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Venty will make good faith efforts to resolve the claim directly, but if you and Venty do not reach an agreement to do so within 30 days after the Notice is received, you or Venty Inc.may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Venty must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees
If you commence arbitration in accordance with these Messaging Terms, Venty Inc. will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Venty Inc. for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Venty Inc. agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Venty Inc. made within 14 days of the arbitrator's ruling on the merits.
No Class Actions
YOU AND Venty Inc. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Venty Inc. agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision
Notwithstanding anything to the contrary in these Messaging Terms, if Venty Inc. makes any future change to this arbitration provision, other than a change to Venty Inc. address for Notice, you may reject the change by sending us written notice within 30 days of the change to Venty Inc. address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Venty Inc.
Enforceability
If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection 'Modifications to this Arbitration Provision' above (addressing class, representative, and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.