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Terms of Use

Last updated September 14, 2022

Chubbies Inc. (“Chubbies”, “we”, “us”, “our/ours”) sells Chubbies clothing products and related items (“Products”) through its website www.chubbiesshorts.com, including the respective local domains, as well as other controlled social media pages such as Facebook and Instagram (collectively the “Site”). Please read the following terms and conditions (“Terms”) carefully before purchasing any Product from the Site. The Terms apply for every agreement between you as a customer (“Customer”, “you”, “your”, “yours”) and Chubbies for the purchase of our Products concluded through the Site (“Purchase Contract”), provided that you have agreed to be bound by these Terms within the purchase process on the Site. These Terms are directed towards consumers, i.e. a natural person who purchases our Product/s solely or predominantly for his/her private purposes.
CONTRACT CONCLUSION; SAVING THESE TERMS
The presentation of our Products on the Site does not constitute a legally binding offer, but merely an invitation for you to order those Products. By concluding the order process on our Site, you submit a binding offer for purchasing your selected Products. The Purchase Contract between you and us will be formed when you receive our formal order confirmation by e-mail (“Order Confirmation”) following Your order made through the Site (“Order”). We will inform you in case we cannot accept your Order. Prior to concluding your Order on the Site, we provide you with the option to check your information and to correct any errors, as once your Order is submitted, we will begin processing it immediately. You can print out or save this version of the Terms using the corresponding functions of your browser or download it as a “pdf” and save it on your device. You will also receive the contractual provisions together with information on the Products and the withdrawal right instruction by e-mail upon your Order Confirmation. We do not store the contractual provisions for you.

PRODUCT PRICES, PAYMENT

All prices stated on our Site are in EUR, Pounds, or CHF including VAT. The prices apply that are set out on the Site at the time of your Order. If applicable, we will set out delivery charges separately during the order process before you submit your Order. We accept the following payment methods: Credit card (VISA, MasterCard, American Express, Discover), PayPal, Google Pay, Apple Pay, direct bank transfer, iDEAL, Giropay, Sofortüberweisung, SEPA Direct Debit, EPS, Klarna, Bancontact, Carte Bancaire Przelewy24 (P24), Multibanco, Trustly, Post Finance, Blik, Diners, JCB Union Pay. Invoices are due and payable immediately.
NO PURCHASE FOR RESALE
This Site is intended for sale of products from Chubbies directly to consumers. Purchase for resale is strictly prohibited. If Chubbies has sufficient factual indications to prove that you are involved in purchases for resale it reserves the right to take any action against you, including without limitation, restrict sales to you, cancel your orders, and/or suspend or close your account. If you wish to purchase Chubbies product for resale please contact Chubbies.
DELIVERY, RETENTION OF TITLE
Risk of loss of product shall pass to you upon delivery of the ordered Product from Chubbies to you. Delivery times vary depending on the product ordered and the delivery location. The delivered Products shall remain our property until complete receipt of your payment and handover to you.
LIMITATION OF LIABILITY

Subject to the provisions in Section 5.2, our statutory liability for damages shall be limited as follows: (i) we shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the Purchase Contract in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual duty the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the purpose of the Purchase Contract and on the fulfilment of which you regularly rely); (ii) we shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability (in particular to liability under the German Product Liability Act), liability for assuming a specific guarantee or liability for damages caused by wilful misconduct or gross negligence, or any kind of wilfully or negligently caused personal injuries. To the extent our liability is limited or excluded, the same shall apply in respect of any personal liability of our legal representative, employees and vicarious agents.

WITHDRAWAL RIGHT
As a consumer you have a right of withdrawal in accordance with the following provisions.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period will expire fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform Chubbies, Geyssendorfferweg 15, Unit DC2, 3088GJ, Rotterdam, Netherlands, Tel:+1 512-375-7845 (text message only), e-mail: support@chubbies.com by means of a clear statement to Customer Service (via email or our customer service line) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract as long as we have not yet shipped your product to you or received it back from you. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may refuse repayment until we have received the product back or until you have provided proof that you have returned the products, whichever is the earlier. You must return or hand over the products to us without delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the products before the expiry of the period of fourteen days. You shall bear the costs of returning the products.

MODEL WITHDRAWAL FORM

If you wish to cancel the agreement, please complete and return this form.)

To: Chubbies, Geyssendorfferweg 15, Unit DC2, 3088GJ, Rotterdam, Netherlands, E-mail address: support@chubbies.com.

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/the provision of the following service (*)

Ordered on / received on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer:

Date: ___________

(*) Delete as applicable
OUR RIGHTS TO RESCIND FROM THE PURCHASE CONTRACT
We shall be entitled to rescind from the Purchase Contract with you at any time by writing to you in text form if: (i) you do not make any payment to us when it is due; (ii) we have factual indications at hand to prove that you are a reseller; (iii) within a reasonable time of asking for it, you fail to provide us with information that is necessary for us to deliver the Products, for example, a delivery address; or We will refund any money you have paid in advance for the Products we have not delivered in case we rescind in accordance with this Section.
TERMS REGARDING THE USE OF THE SITE
The Site is not directed to persons under the age of 13. If you are under 13 years of age, please discontinue use of this Site. You may use the Site without creating an account. By creating an account with Chubbies, you confirm that the information you have provided is true and not to be used for any ulterior motive or unlawful reason. You may not share your account information with, or allow access to your account by, any third-party. You will be responsible for all activity that occurs under your access credentials. If it is determined by Chubbies that you have provided false or misleading information or have violated these Terms, or other abuses have occurred, Chubbies reserves the right to cancel your account without notice. When using the Site you are prohibited from: (i) attempting to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site; linking to the Site without permission; (ii) using data mining, robots, or other data gathering devices on or through the Site; (iii) posting incomplete, false, misleading or objectionable information or material; (iv) disclosing personal information about another person; (v) advertising or marketing non-Chubbies products on the Site; (vi) using the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, or other liability to Chubbies

Chubbies Rewards Program

Creating a customer account on the Site (“Account”) will automatically enroll you to be a member (“Member”) of the Chubbies Rewards Program (the “Program”). Members shall be subject to any posted guidelines, rules, terms and conditions posted on the Site and applicable to the Program. Members must provide a valid, unique email address upon enrollment. Members agree that creation of a membership and/or participation in the Program will represent the Member’s acceptance of these terms and conditions and the privacy policy.


If a Member provides any registration data that is untrue, inaccurate, not current or incomplete, or if Chubbies in its discretion, suspects that a Member’s registration data is untrue, inaccurate, not current or incomplete, Chubbies has the right to suspend, terminate or refuse the Member’s current or future use of the Program. 


Rewards points (“Points”) earned through the Program will not expire if the Program continues and the Member’s Account is active. “Active” means that the Member earns and/or redeems Program Points using his or her Program Account within a 24-month period. Receiving a discount code or Points in relation to your birthday is not considered “Active” for purposes of the Program.


If a Member is not Active for a 24-month period, the Member’s points will expire. Members can view all Points activity from the “Rewards” section of their Account page.


A Member’s points will automatically and immediately expire (and the Member forfeits them) if the Member terminates membership in the Program and the Member may not have access to other Program benefits. 


Chubbies may, in its discretion, cancel, modify, restrict or terminate the Program or any aspects or features of the Program at any time without prior notice. Updated Program rules will be available at solostove.com. Any change in the Program will apply to unredeemed Points as well as Points Members may earn in the future.


 If, in their sole discretion, Chubbies suspects fraud, misrepresentation, abuse or violation of applicable rules involving the Program or Points, Chubbies has the right to take appropriate administrative and/or legal action, including the cancellation of accumulated Points, and termination of Program participation. 


Accrued Points are not transferable in the event of Member death or divorce. All Points are subject to all other Program rules, terms and conditions. Once Points have expired in accordance with the Program rules, they will not be reinstated. 


Each Member shall be responsible for advising Chubbies of any changes of name, address, email or any other Account information.


Except as otherwise provided, the Program is only open to individual participants and not corporations or businesses. Pooling of Points or using another individual’s Account is considered fraudulent and may result in the loss of all points.


 Each Member is responsible for remaining knowledgeable as to the Program terms and conditions and as to the Activity and number of points in his or her Account.  

INTELLECTUAL PROPERTY
We grant you a limited non-exclusive license to use the Site for personal use only. All content on the Site, including any images, illustrations, graphics, design, icons, photographs, videos and written and other materials, including the compilation of this Site, is the property of Chubbies and protected under applicable copyright, trademark, and other intellectual property laws. Any copying, republication, or distribution of this Site and/or its content is prohibited unless done with prior written consent from Chubbies. If you post content, including images, to the Site (specifically social media sites), you grant Chubbies unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such material (including derivative works) throughout the world in any media without providing attribution or obtaining additional consent. Similarly, all suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time share with Chubbies shall be deemed to be Chubbies’ property. You further agree that Chubbies and its affiliates are free to use any ideas, concepts, or know-how that you share. If you believe in good faith that materials posted on the Site infringe your copyright, you may send Chubbies notification requesting that the material be removed, or access to it blocked. The notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  • Identification of the copyrighted work(s) alleged to have been infringed;
  • Identification of the specific material alleged to be infringing or the subject of infringing activity;
  • Your name, address, telephone number, and e-mail address (if available);
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CHOICE OF LAW, VENUE
These Terms and the Purchase Contract will be governed and construed in accordance with the laws of Germany with the exception of the United Nations Convention on the International Sale of Goods (CISG). As a consumer habitually residing in a EU Member State, you can choose to bring legal proceedings in respect of these Terms in the EU Member State in which you are domiciled or in another EU Member State, but if we bring legal proceedings, we may only do so in the EU Member State in which you are domiciled. As a consumer, if you are habitually residing in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as consumer to rely on such mandatory provisions of local law.

NOTICES AND COMMUNICATIONS

Except as explicitly stated otherwise and depending on the statutory form requirements of your notice, all notices you send to Chubbies shall be sent by mail to Chubbies Attn: Legal, Geyssendorfferweg 15, Unit DC2, 3088GJ, Rotterdam, Netherlands or by e-mail to support@chubbies.com.
CONTACT DETAILS, CUSTOMER SUPPORT
Your views are very important to us as we strive to ensure that all our Customers receive the best possible shopping experience. However, if you are unsatisfied with your experience then please contact us under Tel: +1 512-357-7845 (text message only) Email: support@chubbies.com Our representatives are available Monday - Friday between 8am and 5 pm (Pacific Standard Time), and Saturday - Sunday between 9am and 1pm (Pacific Standard Time).
PRIVACY
Chubbies has adopted a separate privacy policy to which you can refer in order to, inter alia, understand which categories of personal data we process for which purposes and your related data subject rights
EU ONLINE DISPUTE RESOLUTION
In addition, in accordance with European law, you are informed that the European Commission's online dispute review platform is also available, which is accessible on the following link: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are neither obliged nor willing to participate in online dispute resolution
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