Terms & Conditions
SHARKEGG does not guarantee that all items included in the SHARKEGG web shop are in stock at the time of your order. In the event that an item is unavailable, SHARKEGG will contact you shortly by phone or by e-mail. SHARKEGG cannot promise that the content of the site is free of inaccuracies or typographical errors at all times. Neither can we guarantee that all information is up-to-date. SHARKEGG may, at any time, amend the content of the site. Although SHARKEGG strives to display the correct texts, images and pricing on the site and web shop, errors may occur. If you have been charged the wrong amount in the web shop, SHARKEGG will give you the option of placing a new order with the correct price or canceling your order. SHARKEGG, however, reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case we will notify you by email. If we are unable to contact you, your order will be automatically cancelled. Part of the services mediated through the site are maintained by outside organizations. In situations where SHARKEGG acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. SHARKEGG cannot be held responsible for any damaged caused from using the site or, for that matter, not being able to use the site.
Colors & variances.
Differences are inherent in handmade products, so there may be distinctions that will make your Selection unique. Products may show differences in color or texture due to variances in natural materials. We cannot guarantee that colors on the website will be true to life, this depends partly on the color settings of your computer and monitor.
Binding Agreement. These Terms constitute a binding agreement between you and SHARKEGG LLC and its subsidiaries (“SHARKEGG,” “we,” “us”). “You” and “users” shall mean all visitors to the Gallery. Each time you access, you accept these Terms.
Revisions to Terms. We may revise these Terms by posting an updated version. Please visit this page periodically to review the most current Terms, because they are binding. Your continued use of the Gallery after a change to these Terms constitutes your binding acceptance of these Terms.
Eligibility to Use the Gallery
Children. No part of the Gallery is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE STORE AT ANY TIME OR IN ANY MANNER.
Agent of a Company, Entity, or Organization. If you are using the Gallery on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
- are an authorized representative of that Organization;
- have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Gallery. You represent and warrant that the information you provide to SHARKEGG upon registering with the Gallery and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To facilitate future purchases and have a tailored experience while using the Gallery, you may choose to create an account by providing a username and password. Please note that you may choose to use the Gallery and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Gallery and to preserve the confidentiality of your username and password, and any device that you use to access the Gallery.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify SHARKEGG by e-mail to email@example.com. You will be solely responsible for the losses incurred by SHARKEGG and others due to any unauthorized use of your account.
SHARKEGG may communicate with you by email. You agree to receive email from us at the email address you provided to us for customer service-related purposes.
Fees and Payment
Payments. The Gallery currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
United States Dollars. All monetary transactions in the Gallery are in U.S. dollars.
Refunds and Returns; Cancellation. If there is an issue with Goods purchased through the Gallery, please email us at firstname.lastname@example.org. If your order has not shipped, you may cancel your purchase (a) if made prior to 2pm EST/EDT (the “Cut-Off Time”), up until the Cut-Off Time the same day, or (b) if made after the Cut-Off Time, up until the Cut-Off Time the following business day.
Title. Risk of loss and title for Goods purchased from SHARKEGG pass to you upon delivery of such Goods to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
In case of Force Majeure, SHARKEGG’s obligations will be suspended. The contract between you and SHARKEGG can, in such cases, be partially or fully terminated by yourself or by SHARKEGG. A Force Majeure is in the event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Under such circumstances, SHARKEGG will attempt to resolve all issues in a timely manner.
Content Ownership and Use
SHARKEGG owns or has rights to all of the content we make available through the Gallery, but you may use it solely for personal use in connection with your use of the Store. You can only use our logo with our written permission.
The contents of the Store include: trademarks, designs, text, graphics, images, video, information, names, logos, product and service names, button icons, software, audio files, computer code, domain names and other sharkegg content (collectively, “SHARKEGG Content”). All SHARKEGG Content and the compilation (meaning the collection, arrangement, and assembly) of all SHARKEGG Content are the property of SHARKEGG or its licensors and are protected under copyright, trademark, and other laws of both the United States and other foreign countries.
You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of SHARKEGG Content. Unauthorized use of SHARKEGG Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.
Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Gallery or content available in the Gallery.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Gallery you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You must use the Gallery in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Store, user accounts, or the technology and equipment supporting the Gallery;
- frame or link to the Gallery without permission;
- use data mining, robots, or other data gathering devices on or through the Gallery;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- sell, transfer, or assign any of your rights to use the Gallery to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;(1)
- use the Gallery in an illegal way or to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to SHARKEGG or others; or
- access the Services from a jurisdiction where it is illegal or unauthorized.
Consequences of Violating These Terms
We reserve the right to suspend or terminate your account and prevent access to the Gallery for any reason, at our discretion, following we reserve the right to refuse to provide the Gallery in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Gallery.
We are not liable for the actions of users when they use the Gallery. We may also change the Gallery at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Gallery or other websites.
Changes to the Services. We may change, suspend, or discontinue any aspect of the Gallery at any time, including hours of operation or availability of the Gallery or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Gallery. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release SHARKEGG of all claims, demands, and damages in disputes among users of the Gallery. You also agree not to involve us in such disputes. Use caution and common sense when using the Gallery.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any content. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Gallery.
Third-Party Websites. The Gallery may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Gallery.
Released Parties Defined. “Released Parties” include SHARKEGG and its parents, subsidiaries, affiliates, officers, managers, employees, agents, representatives partners, and licensors.
DISCLAIMER OF WARRANTIES
You use the Gallery at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE GALLERY IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Gallery. If you use the Gallery in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE GALLERY OR YOUR USE OF THE SHARKEGG CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any SHARKEGG Content, (iii) your breach of these Terms; or (iv) any other acts through your use of the Gallery. We shall provide notice to you promptly of any such claim, suit, or proceeding.
SHARKEGG reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Gallery. Such additional rules will be posted in the relevant parts of the Gallery. Your continued use of the Gallery constitutes your agreement to comply with those additional rules.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Gallery.
These Terms and the relationship between you and SHARKEGG shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and SHARKEGG agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Gallery under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York County in the state of New York. You covenant not to sue SHARKEGG in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Gallery or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
903 MONTAUK HIGHWAY / BARN C2
WATERMILL, NY 11976
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information about you when you create an account, make a purchase, use the interactive areas of our Services, invite a friend to use our Services, sign up to receive communications from us, request customer support or otherwise communicate with us. The types of information we may collect include, but are not limited to, your name, email address, phone number, billing and shipping addresses, shopping preferences, demographic information and any other information you choose to provide, including information that is defined as personal or personally identifiable information under any applicable law (“personal information”).
Information We Collect Automatically When You Use Our Store
When you access or use our Gallery, we automatically collect information about you, including:
- Log Information: We log information about your use of the Gallery, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Gallery.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Gallery are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our Gallery or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Your Choices” below.
Location Information from Your Mobile Device. When you visit the Gallery from your mobile device, we may collect and store your location information if you enable your device to send it to us. Collection of this information may improve the provision of the Gallery.
Use of Information
We may use information, including personal information, for various purposes, including to:
- Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices,
- Send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests and provide customer service;
- Communicate with you about products, services, offers, promotions, rewards, and events offered by SHARKEGG, our affiliates and subsidiaries, and provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with our Services;
- Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
- Process and deliver contest entries and rewards;
- Link or combine with information we get from others to help understand your needs and provide you with better service; and
- Carry out any other purpose for which the information was collected.
Sharing of Information only . . .
- To our subsidiaries and affiliates;
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf, such as our payment processing providers;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of SHARKEGG or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, whether as a going concern or as part of bankruptcy, litigation or similar proceeding, in which personal information about the users of our Services is among the assets transferred; and
- With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Social Sharing Features
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove that information and terminate the child’s account. In addition, if you learn that your child who is under the age of 18 has provided us with personal information without your consent, please contact us at sharkegg.com.
SHARKEGG takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
You may update, correct or delete information about you at any time by accessing your account on the website. If you wish to deactivate your account, please access your account from the website, but we may retain your account information as required by law or for legitimate business purposes on our servers. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt out of receiving promotional communications from SHARKEGG by following the instructions in those communications. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.