Website Terms and Conditions

Introduction

Please review these Terms and Conditions (the “Terms”) as they contain important information regarding your use of the Joopiter website (the “Website”). These Terms are entered into by and between you and Joopiter, Inc. (“Joopiter”, “we”, “us” or “our”) and govern your access and use of the Website. By accessing the Website, you agree to be bound by these Terms and our Privacy Policy. If you purchase merchandise from the Website and/or participate in auctions and/or private sales by buying or selling, you agree to any additional terms relevant to those services (the “Services”). When you register, provide your e-mail address to us, or send us e-mails, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website.

We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Website. You are responsible for periodically checking the Terms. You will know if the Terms have been updated since your last visit to the Website by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE WEBSITE OR THE SERVICES.

Registration

Registration may be required to use the Services. You will be required to provide some personal information such as name, valid email address, mobile phone number and government ID. We may use this information to verify your identity. If you register with the Website, you agree you are at least the age of majority in your state, province or country and you will provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data"). If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that the Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website. You may edit or update your Registration Data by contacting us at concierge@joopiter.com.

You will create a password upon completing the registration. You are responsible for maintaining the confidentiality of any such password and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We are not liable for any loss or damage arising from any unauthorized use of your account.

Merchandise Sales

We may provide you with the opportunity to purchase various products (“Merchandise”) on the Website separate from your ability to bid in auctions and/or private sales for auction and/or private sale items. We will provide images, photos, content and/or descriptions to complement our Merchandise; these are provided for informational and illustrative purposes only. The actual Merchandise may vary from that shown on the Website. We will make reasonable efforts to accurately describe and display the Merchandise, however, with respect to color, the actual color you see on your screen will depend on your computer system. The inclusion of Merchandise on the Website does not guarantee that the Merchandise will be available for purchase.

All Merchandise prices are quoted in US dollars. We will add shipping and handling fees and applicable sales tax as necessary. We calculate shipping rates based on weight and transit distance. International rates are exclusive of taxes, duties, and customs fees. These fees are your responsibility. We cannot guarantee delivery time. Any shipping cost incurred at time of check out is non-refundable.

We reserve the right without prior notice to discontinue or change the prices on the Merchandise. Additional terms and conditions may also apply to specific Merchandise. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to you without prior notification.

We accept most major credit cards as payment. Payment transactions are processed by our third-party payment processors in accordance with our Privacy Policy. You grant us the right to provide information you provided in connection with the order to our third-party payment processors to facilitate the completion of your order. Verification of information may be required prior to the acknowledgment or completion of any order. You may be asked to supply certain information relevant to your order including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

We are unable to modify or cancel your order once it has been placed and handed over to a third-party carrier for shipping. Please ensure all information is correct before completing your order. If an order is sent back to us due to insufficient or incorrect address, the order will be canceled, you will have to pay for any shipping charges incurred and you will have to pay for shipping again for any further delivery efforts requested by you. Please email concierge@joopiter.com if you have a specific shipment request and we will do our best to accommodate.

You may return any Merchandise for a full refund (less all shipping costs, including costs to return Merchandise) within 14 days of the day your order is delivered. Only defective Merchandise or Merchandise that is unworn, unwashed, unaltered, free of stains and odors, and has its original tags affixed will be eligible for return. Once initiating a return, you have 14 days to ship your return or you'll lose your refund.

Please email concierge@joopiter.com to commence a return. Please allow 2 to 10 business days from the time your return is delivered to us for us to process a return. Please note that once we refund your original form of payment, the credit may take up to 7 business days to appear on your bank statement, depending on the bank.

User Submissions

Joopiter may provide the ability to comment in certain public areas of the Website. By posting comments in such areas, you grant us a royalty free, perpetual, irrevocable non exclusive license to use, reproduce, modify, publish, edit, translate, distribute, sublicense, publicly perform, and publicly display the comments.

We do not screen any comments in advance and we are not responsible for screening or monitoring comments posted by you or anyone else. You are responsible for your comments. You may not post any comments unless you are the owner of all of the proprietary rights therein (including but not limited to any trademark, copyright or publicity rights); the comments do not infringe the proprietary rights of any third party; and the comments comply with Section 4 of these Terms (Prohibited Activities).

If Joopiter is notified that a comment does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the comment. We have no liability or responsibility with respect to any comments made by users of the Website.

Prohibited Activities

You agree that you will not do any of the following: • Fail to comply with any applicable statutes, orders, regulations, rules, and other laws; • Use the Website for any fraudulent or unlawful purpose; • Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising; • Reproduce, duplicate or copy any Content or sell or otherwise exploit for any commercial purposes any portion of, the use of or access to the Website; • Breach or attempt to breach the security of the Website; • Interfere with the Website by submitting any virus, worm, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, the Website or the Services; or • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the Website.

Intellectual Property

All content appearing on the Website (the “Content”) are protected intellectual property of, or used with permission or under license by, Joopiter. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. All intellectual property rights associated with the Website are proprietary to us or our licensors. You do not acquire any right, title or interest in any content by accessing the Website.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the Content that you claim is infringing is located on the site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices of claims of copyright infringement should be directed to:

Joopiter, Inc. 15 E. 26th Street New York, NY 10010 Concierge@joopiter.com

Third Party Links

Our Website may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

• Limitation of Liability

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT OR MERCHANDISE AVAILABLE ON THE WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. THE MERCHANDISE AND THE CONTENT OF THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

JOOPITER AND ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES, THE WEBSITE’S CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR COMPUTER VIRUSES, NOR SHALL THERE BE ANY LIABILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

JOOPITER AND ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold harmless Joopiter and its partners, officers, employees, agents and contractors from any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of any provision of these Terms; (ii) your activities in connection with the Website, our Services or the Merchandise; or (iii) unsolicited information or content you provide to us through the Website.

International Users

The Website is controlled, operated and administered by Joopiter from our offices within the United States of America and is not intended to subject us to the laws or jurisdiction of any country or territory other than that of the United States. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws.

Governing Law/Disputes

These Terms and the Privacy Policy shall be governed by and construed and enforced in accordance with the laws of the State of Delaware. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Privacy Policy shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Last Modified: March 20, 2023