Product Sales Terms and Conditions

Effective: 11/15/18

These Snap Store Product Sales Terms and Conditions (“Terms”) apply to all sales transactions for goods sold by Snap LLC or its affiliated entities (“Snap”) on the Snap Store (“Products”). By making a purchase from us on the Snap Store, you agree to these Terms, together with Snap Inc.’s Terms of Service, and you acknowledge that you have read the Privacy Policy.  We may change these Terms at any time without prior notice.  

1. Your Use of the Products

Personal Use Only. All Products are sold for personal, non-commercial use only, and not for resale. We reserve the right to refuse or cancel an order if we suspect any intent to resell.  

Bitmoji Avatars.  Your use of the Bitmoji Avatar in any Product is subject to the terms of the Bitmoji Terms of Service.

Product Safety.  For your safety and that of others, please read all Product warnings before using the Products.

2. Online Orders

Orders. When you place an order, we’ll ask for your email address, name, shipping and billing addresses, phone number, and other information to fulfill your order. After you submit your order, we’ll process it and, if your order is accepted, we’ll send you an order confirmation email  with an estimated shipping date.

All orders are subject to availability of stock and acceptance by us. We reserve the right to not accept your order, cancel your order or change quantities available for purchase, for any reason. If we decline or cancel your order, we’ll notify you by email and, if your payment card has already been charged, we will refund the amount we billed you.

Pricing. Product prices are subject to change in our sole discretion at any time without notice. We may withdraw Products from sale for any reason.

Shipping. We offer delivery of Products to valid addresses within the United States. Estimated shipping dates are not guarantees. We will make reasonable efforts to meet scheduled shipment dates, but in no event will we be liable for any loss, damage or penalty resulting from any delay in shipment or delivery.

All items purchased through our online store are purchased pursuant to a shipment contract. Risk of loss and title for all Products you order from us transfers to you as soon as we deliver the Products to the carrier. If Products arrive damaged or defective, please check our Return Policy.

Orders that contain multiple items may arrive in separate packages, possibly on separate days.

Payment. We accept a variety of payment methods, as available  in the purchase tool. Before you can submit your order you will be required to provide us or our third-party payment processor with a valid payment card number and associated payment information that you are authorized to use. By submitting that information to us or to our third-party payment processor, you authorize us or the payment processor (as applicable) to charge your card or other payment method at our convenience, which may be as early as at the time you submit your order. We will bill your card or other payment method for the price of the Products you have purchased, plus shipping and taxes as noted in the purchase tool.

Cost, Fees, and Taxes. Please confirm that all details of your purchase are correct before submitting your order. If your order is subject to sales taxes or other governmental fees, this will be included in the price displayed at checkout. When you submit your order, you agree to pay us the cost of the Products in your order, along with any delivery charges, taxes and fees as stated in the purchase tool. Failure to pay us those costs will result in cancellation of your order.

You agree to pay all fees and charges incurred in connection with your purchase, at the rates in effect when the charges were incurred. For example, if you purchase with a payment card issued through a bank based outside the United States, your bank may charge you foreign transaction fees and other similar fees.

Your payment will be processed before the Products are sent for delivery. You authorize us or our third-party payment processor to store your payment card information to charge your payment method and handle refunds in connection with your order.

If we do not receive payment from your payment card or other payment method issuer or their agents, you remain obligated and agree to pay all amounts due upon request from us or our agents.

Unless you notify us of any discrepancies within 60 days after they first appear on your payment card or other payment statement, you agree that they will be deemed accepted by you.

Other Payment Terms. Your payment card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. If you elect to pay by using the services of a third-party provider made available in the purchase tool, your use of those services is subject to the third-party provider’s terms and conditions.

YOU ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYMENT METHOD BY A THIRD PARTY.

Communications from Us. We may send you other emails about your order, including about status, payment processing, refunds, and any changes, updates, or cancellations to your order. We may also send you emails about the Products or our other products and services. By submitting your order, you consent to receive the email communications described in these Terms from us and our affiliates.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that they be in writing.

Your Representations and Warranties. You represent and warrant that all information you have provided to us in connection with your order and your purchase is accurate and complete; you will not use any payment card or other form of payment to purchase a Product unless you have all necessary legal authorization to do so; and you will not use or export any Product in violation of any applicable laws or regulations, including without limitation United States export law and regulations.

3. Return Policy

Our products come with a 30-day return policy, except that Bitmoji merchandise and customized products are not refundable. For information about processing a refund or exchange, please see our Returns page.

4. Limitations of Liability

In addition to the limitations of liability provisions contained in our Terms of Service, the following limitations of liability apply to the sale of Products on the SnapStore.

TO THE EXTENT PERMITTED BY LAW, SNAP, OUR LICENSORS, LICENSEES AND AFFILIATES, DISCLAIM ALL WARRANTIES WHETHER EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT), AND ANY LIABILITY WILL BE LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE PRODUCT.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL SNAP, OUR LICENSORS, LICENSEES OR AFFILIATES BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE, SALE, USE OR PERFORMANCE OF THE PRODUCTS, UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT SNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (2) ANY ACCIDENT, INJURY, DEATH, LOSS, OR OTHER CLAIM RELATED TO OR RESULTING FROM THE USE OR MISUSE OF THE PRODUCTS. WE SPECIFICALLY ADVISE YOU AGAINST USING THE PRODUCTS IN A MANNER INCONSISTENT WITH THESE TERMS, OUR WARNINGS, AND OTHER ACCOMPANYING DOCUMENTATION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

5. Dispute Resolution

Governing Law. These Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.

Arbitration. ARBITRATION NOTIFICATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF OUR TERMS OF SERVICE, YOU AND SNAP AGREE THAT CLAIMS AND DISPUTES, INCLUDING STATUTORY CLAIMS AND DISPUTES, ARISING BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

For additional details about this arbitration procedure, please refer to the Arbitration provision of our Terms of Service, which REQUIRES YOU AND SNAP INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

6. General Terms

• We will not be responsible for any delay or failure to comply with our obligations under these Terms or for any Product failure if the delay or failure arises from any cause which is beyond our reasonable control. These Terms do not create or confer any third-party beneficiary rights.
• If we do not enforce a provision in these Terms, it will not be considered a waiver.
• We reserve all rights not expressly granted to you.
• If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms.
• To the extent permitted by law, you waive any applicable statutory or common-law right that may permit a contract to be construed against its drafter.
• We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without our prior written consent.
• These Terms do not create any relationship of association, partnership, joint venture, or agency between the parties.  
• The United Nations Convention on the International Sale of Goods does not apply to these Terms.