Terms of Use

Last Amended: January 18, 2017  Effective date: August 23, 2017

 

Welcome to the website for Days United (“Days United,” “we,” “our,” “us,” or “Company”). By use of our website (the “Site”), you agree to these Terms and Conditions (these “Terms”). They may be changed at our discretion at any time, therefore please check this page regularly.

 

Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole and all materials that are part of the Site (“Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Days United. Any use of the Contents without Days United's express written consent is strictly prohibited.

The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site only for your personal, noncommercial use. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

 

Links to Other Websites

This Site may contain links to other internet website operated by third parties. Days United provides these links on the Site solely as a convenience, and does not endorse or assume any responsibility for these websites. You access these sites at your own risk and by accessing them you leave the Days United Site. We have no control or responsibility for their content, information and activities. 

 

No Confidentiality


With the exception of information necessary to place an order, any comments, feedback, ideas, suggestions, materials information and other submissions to the Site will be deemed as non-confidential, and shall be the sole property of Days United, including worldwide rights in all intellectual properties.

 

Product Information and Merchandise Availability

 

Days United does not represent or warrant that the information on the Site is accurate, complete, or current. This includes the pricing and availability of our merchandise. Days United reserves the right to correct any errors or omissions, or to change the Contents of the Site at any time without prior notice. 

Eligibility

Children under the age of 13 may not use purchase merchandise or subscriptions and parents or legal guardians may not agree to these Terms on their behalf. Children under 21 years of age but at least 13 years of age may use the site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any merchandise or subscription. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 21, you are fully responsible for his or her use of the site and purchase of any merchandise or subscription, including all legal liability he or she may incur.

Food Product Information

Days United’s Holiday Boxes may contain foodstuff products.  All foodstuff products are manufactured by third party suppliers, and not by Days United; therefore, Days United has no control over the quality, safety, legality or efficacy of any foodstuff product. You are solely responsible for, and assume all risk related to, the proper and safe preparation (including storage and cooking), use, and consumption of any foodstuff product within a Holiday Box.  All foodstuff products are provided “as-is” and, to the fullest extent allowable under the applicable law, all express and implied warranties are disclaimed. 

Allergy Information

Days United makes no representation regarding the presence of allergens in foodstuff products; foodstuff products may contain or may come into contact with common food allergens, including eggs, milk, wheat, soy, peanuts and/or tree nuts.  We do not recommend consuming any of the foodstuff products in our Holiday Boxes if you are allergic to such food allergens.  Days United does not represent or warrant that the nutrition, ingredient, allergen, and other foodstuff product information, if any, included in out Holiday Boxes is accurate or complete since any information is provided by the foodstuff product manufacturer or supplier.  Foodstuff manufacturers or supplies may modify a foodstuff product within a Holiday Box unbeknownst to Days United. 

Kosher Information

For Holiday Boxes associated with the Jewish traditions, Days United Holiday Boxes are "Kitchen Kosher," meaning all of the ingredients are kosher but the products don't necessarily carry a hechsher (certification of rabbinic supervision). 

Alcohol Information

Days United’s Holiday Boxes may contain alcoholic products.  By purchasing a Holiday Box, you attest you are at least 21 yeas of age and that any alcohol included in a Holiday Box is for personal consumption only.  You are solely responsible for, and assume all risk related to, the safe and legal consumption of alcoholic beverages.  By accepting these Terms of Service you affirm that (a) you are over the age of 21, (b) that any Holiday Box you purchase containing alcohol will be shipped to and signed for by a person over the age of 21, and (c) all purchases are for personal consumption and not for resale.

Order Processing Information

 

Orders are processed pending availability and credit verification. Orders placed on Friday after 7 PM US Pacific Time will begin processing on the following Monday. Days United will contact you with a follow-up email if the merchandise you have selected is not currently in stock or if we need additional information for credit verification. DELIVERY TIME DOES NOT INCLUDE SATURDAYS, SUNDAYS, OR HOLIDAYS.

 

Refunds are issued for missed guaranteed shipments and will be processed by Days United within 7 business days. Please allow your financial institution an additional 7 to 10 business days to post to your account.

 Subscriptions

You may choose to subscribe to a Holiday Box subscription plan. The subscription plans consist of an initial charge followed by recurring periodic charges as agreed to by you. By agreeing to this term, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.  Subscriptions are annual and renew automatically at the end of the initial subscription year.

You must provide Days United with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to purchase any Holiday Box subscription plan. You must also provide Days United with complete and accurate billing and contact information at all times. This information includes the subscriber’s legal name, or company name, street address, e-mail address, payment information and telephone number of an authorized contact.

Should you desire to deselect your subscription’s auto-renewal status or cancel your subscription completely, email us anytime at support@daysunited.com. You must cancel 5 business days prior to the billing date (10 days before the holiday) if you do not wish to receive that holiday's Holiday Box.  If you deselect your subscription’s auto-renewal status, your subscription will expire at the end of the original term.


Days United will submit charges 10 days prior to the specific holiday associated with a Holiday Box without further authorization from you.  Days United will continue to submit these charges 10 days prior to the specified holiday associated with a Holiday Box until you to deselect your subscription’s auto-renewal status or cancel your subscription completely.

 

 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

 

Return Policy 

·       Merchandise must be returned within 30 days.

·       Merchandise must not be used, damaged or altered.

·       Merchandise must have all tags attached and be returned in original packaging.

·       Merchandise returned without the original tags, are damaged and/or altered may result in a delayed refund or may not qualify for a refund.

            Please Note: Shipping and handling charges are not refundable. Packages that arrive COD may be denied, or the COD amount may be deducted from your return. Final Sale items may not be returned.

 

Refunds & Processing Time

 

If your package arrives at Days United within the 30-day timeline specified above, your refund will be processed in the original form of payment within 7 business days. You will be notified via email to the address listed on your account when this transaction has taken place. Your banking institution may require additional days to process and post this transaction to your account once they have received the information from Days United

 

Disclaimer, Limitation of Liability and Indemnity

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. DAYS UNITED DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WARRANTY OF TITLE AND WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. DAYS UNITED DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH DAYS UNITED ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. DAYS UNITED SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. DAYS UNITED IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF DAYS UNITED'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DAYS UNITED, ITS MEMBERS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

 

Applicable Law and Jurisdictional

 

These Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

 

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

 

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

 

Acknowledgement

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.