Last updated on October 15, 2019
When you visit the site or send e-mails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the site. You consent that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Account Obligations
You will receive a password and account designation (the email address you enter) when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Splashe Brands sells products for children, but it sells them to adults, who can purchase with a credit card or other payment method that Splashe Brands deems acceptable from time to time. If you are under 18, you may use the Site only with the involvement of a parent or guardian.
Any conduct by you that (in our sole discretion) restricts or inhibits any other site user from using or enjoying the site will not be permitted. You agree to use the site only for lawful purposes. While Splashe Brands welcomes your reviews, comments and other communications, you are prohibited from posting or transmitting through the site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, infringing, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site, use of the site, or access to the site.
You agree not to access the site by any means other than through the interface that is provided by us for use in accessing the site.
You acknowledge that the site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
License And Access
Risk of Loss
All items purchased from Splashe Brands are made pursuant to a shipment/delivery contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We have made every effort to display as accurately as possible the colors of our products that appear on the site. However, as the actual colors you see will depend on your display, we cannot guarantee that your display of any color will be accurate. We have also attempted to be as accurate as possible in our descriptions of products. However, we do not guarantee that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the site is not as described, your remedies are to return it in unused condition or contact customer service for further resolution at 866-499-7903.
Except where noted otherwise, the List Price displayed for products on the site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparable item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area at any particular time on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated and/or suggested retail price for each of the items included in the set.
Despite our best efforts, a small amount of the items in our catalog may be mispriced. If an item's correct price is different than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order. Prices and promotions are subject to change without notice.
Returns and Refunds
Our goal is to make sure customers are completely satisfied with their purchases. We will gladly accept returns providing that goods are returned in their original packaging, in salable condition within 30 days from the date of the invoice. We cannot accept returns where the item has been opened or used, unless it is damaged or defective. We also reserve the right to refuse refunds on personal use products for any reason. Special orders (including all orders in excess of $500.00) are NONREFUNDABLE. Delivery dates on special orders are guidelines, and should not be taken as precise dates. Splashe Brands is at the behest of the manufacturer in these cases.
We provide free return shipping if we have provided you with an incorrect, damaged or defective item. Otherwise, a return shipping fee will apply.
There is a 15% restocking fees for voluntarily returned items which are not damaged or defective (unless order is in excess of $500.00, which is considered special order, in which case there is a 50% restocking fee).
We do not refund shipping charges if you refuse to accept packages sent. Please call Splashe Brands Customer Care at 866-499-7903 to arrange for the return of products ordered.
Any package that is refused or undeliverable due to insufficient address is also subject a 15% restocking fee when refunded.
Your refund or credit will be issued within 30 days of your return being received—we will also confirm the refund by email. For any product that is damaged or defective, please have the following information handy:
Your Order Number
A picture of the visibly damaged items (To be sent to email@example.com).
Your preference for Refund or Replacement
Please note that damaged items are not subject to a refund or reshipment without photographic evidence.
Contact Customer Care to expedite the return in the most appropriate manner. You can reach us in three ways:
Call to speak with one of our Customer Care representatives. We are open from 8:00AM-8:00PM EST, Monday to Friday. You can reach us toll-free at 866-499-7903.
Click the Live Chat icon in the top-right-hand corner of our website to communicate with one on our Customer Care representatives.
Email us at firstname.lastname@example.org please include “RETURN” and the order number in the subject line.
If you have any questions, please call us at 866-499-7903.
Disclaimer of Warranties And Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY AMOUNT IN EXCESS OF $1,000.00 FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SPLASHE BRANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPLASHE BRANDS DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM SPLASHE BRANDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SPLASHE BRANDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SPLASHE BRANDS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the site to either a foreign national or a foreign destination in violation of such laws.
We may elect to monitor areas of the site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the site.
We may terminate your access, or suspend your access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
We reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. We also reserve the right to cancel any order or part of any order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order. Payment is taken immediately at time of purchase. Despite our best efforts, a small number of items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
Links to Third Party Sites
We may make available a link to a third party's website. These links will let you leave the site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse any such other sites or their uses or contents.
We are pleased to hear feedback from our customers and welcome your comments regarding our products and the site. You may post or submit reviews of products or services, comments, pictures, suggestions, or other material ("Submissions") as long as the content of your submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). While you may omit your real name or use a “nickname” in your submission, you may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your submission. We reserve the right (but not the obligation) to monitor, edit and remove any Submission but, may not regularly review posted submissions.
By posting or sending us any submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such submission throughout the world in any media. You also grant us the right to use the name you post in connection with such submission.
By posting or sending us a submission, you represent and warrant that you own or otherwise control all of the rights to the content in your submission, that the content you provide is accurate, and that use of the content in your submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify on us against all claims and liabilities resulting from your submission. We do not take any responsibility and assume no liability for any submission posted by you or any other person or entity.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 80 State Street, Albany, New York 12207. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees, which shall not include your attorneys’ fees, for claims totaling less than $10,000 (US Dollars) unless the arbitrator determines the claims are frivolous. For claims over $10,000 (US Dollars), you will be responsible for all such fees. Likewise, Splashe Brands will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Sweepstakes & Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the site. Each of these activities shall be governed by specific rules accessible from the page offering the promotion.
Coupons & Promotions
Throughout the year we will offer various promotions, discounts and coupons, both product and/or shipping-cost related.
Customer Service may or may not be able to apply a discount after you have checked out.
If your order also contains one or more ineligible items, you will be charged shipping fees for those ineligible items.
Canceling items, combining orders, or changing your shipping address, speed, or preference might affect your order's eligibility for a promotional offer.
Shipping promotions apply to U.S. delivery addresses in the 50 states only, excluding international military bases and U.S. territories.
Some special product, order, or handling fees may still apply.
We reserve the right to change or discontinue a promotion at any time.
Sign up for our email newsletters to receive weekly and monthly sales alerts. We also offer special discount coupons. You can create an account by clicking "Sign up" at the top, left hand corner.
For EU countries: By ordering goods from Splashe Brands destined to EU-member states specifically services will be provided to you only after you explicitly agree to become Importer of Record as such customs clearance shall be made in your name and on your behalf. As IOR, you agree to be ultimately responsible for importing products ordered by you into the destination EU-member state and are solely responsible for the payment of duties, and taxes either at the time of the sale if prepayment is selected or at the time of the importation if prepayment is not selected. You hereby give a proxy of power of attorney ("POA") to Splashe Brands designated shipping provided for the customers clearance of products ordered by. This POA authorizes Splashe Brands designated shipping provider for the customs clearance of products ordered by you. Splashe Brands designated shipping provider's intervention with respect to customs formalities may be done by a customs agent assigned by Splashe Brands designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR and the need of the POA and further state that terms of the POA or terms of the purchase from Splashe Brands and transportation conditions from Splashe Brands designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them, and further have agreed to them.
Sanctions and Export Policy
You may not use the Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the site. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services.
We currently accept Visa, MasterCard, American Express, Discover Card, and Paypal, each of which may be removed at any time in our sole discretion.
CREDIT CARD PAYMENTS: When paying by credit card you will be asked to specify your payment type and enter your credit card information during the "Check Out" process. You must enter the proper billing name and address for your credit card, plus your CVV code, in order for us to process your order. If you are shipping to an address other than your billing address, you may have to approve that shipping address with your credit card company in order for us to be authorized to ship to a different address than the billing address for your credit card. Non US credit cards will require additional address and security verification information in order for us to process your order.
We offer discounts on corporate and bulk orders. The amount of the discount is dependent on the items you want and the total order value. In order to qualify for a bulk/corporate discount, the total order amount must exceed $500.00. Special orders normally take 10-15 business days to process, and in extenuating circumstances can take longer than that.
Special orders (including all orders in excess of $500.00) are NON REFUNDABLE. If placing an order in excess of $500.00, please email email@example.com for special handling.
Dial us at 866-499-7903 for a corporate/bulk quote, special handling instructions or any other particulars on a special/bulk order.
Ways to Shop
ORDERING ONLINE: Shopping online at the site is completely safe and private. We use Netscape's Secure Socket Layer (SSL) technology to encrypt the information you send us when you place your order. The information is encrypted on your computer, transmitted through the Internet as encrypted code, and decoded on the site’s secure server. It cannot be deciphered while in transit.
SHOPPING CART PROCESS: When you have found a product you would like to purchase, click on the "Add to Cart" button. The “Add to Cart” button can be found on any product detailed page. If you would like to continue shopping after adding the product to your cart, select the "Continue Shopping" button. When you have selected all items you wish to purchase, choose the "Check Out" button, to complete your purchase. If you have a coupon, code or gift certificate, enter the code in the “Coupon Code” box located in the shopping cart and hit the "Apply" button to ensure that it is applied to the order.
PAYMENT: We have a number of convenient payment choices available.
ORDER BY PHONE: Call us at 866-499-7903. If you know the items you'd like to purchase, please have the item numbers handy, and we will be happy to assist you.
SALES TAX: Items that are shipped to New York State customers are subject to tax at the appropriate state and local rate.
All Content included on the site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Splashe Brands or its content suppliers and protected by United States and international copyright laws. The compilation of all Content on the site is the exclusive property of Splashe Brands and protected by U.S. and international copyright laws. All software used on the site is the property of Splashe Brands or its software suppliers and protected by United States and international copyright laws.
Splashe Brands graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Splashe Brands in the U.S. and/or other countries. Splashe Brands trademarks and trade dress may not be used in connection with any product or service that is not Splashe Brands, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Splashe Brands. All other trademarks not owned by Splashe Brands that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Splashe Brands.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copy. Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
1516 Motor Pkwy
Islandia, NY 11749
By phone (toll free): 866-499-7903
By email: firstname.lastname@example.org
COPYRIGHT NOTICE: Copyright © 2019 Splashe Brands, 1516 Motor Pkwy, Islandia NY 11749. All rights reserved. Any rights not expressly granted herein are reserved.