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Terms and Conditions

Terms and Conditions

TERMS OF USE

The websites and mobile applications (together the “Platforms”) are owned and edited by All Strokes Matter LLC.

These terms of use (“Terms of Use”) govern your use of All Strokes Matter Platforms. In these Terms of Use, we use the term All Strokes Matter, "we", "us" and "our" to refer to the head office of All Strokes Matter LLC at the registered address above and its affiliates.

Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorized to continue use of the Platform.

 

UPDATES TO THESE TERMS OF USE
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.

 

OUR PRIVACY POLICY

Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our privacy policy.

 

ALL STROKES MATTER - CONDITIONS OF SALE

Customers purchasing products online or by phone through the All Strokes Matter Customer Service Center must read the Conditions of Sale, which will govern the terms and conditions of any such purchases. The provisions entitled "Limitation of liability" below do not cover the sale of products online of over the phone and please refer to the Conditions of Sale for the relevant exclusions and limitations of liability.

 

USE OF MATERIALS ON THE PLATFORMS

All Strokes Matter has created its various Platforms to provide information about its company and products for your personal use. While considerable effort has been made to ensure that the visual representations of All Strokes Matter products displayed on the Platforms are representative of the color, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, All Strokes Matter cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products.

You may download one computer copy or print one copy of the material made available to you via the Platforms, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™ or ®, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as All Strokes Matter’s creations or products, images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("All Strokes Matter Material") are owned by All Strokes Matter and protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or secondhand works based on or use any All Strokes Matter Material in any way for any public or commercial purposes. Furthermore, All Strokes Matter Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use All Strokes Matter Material will automatically terminate and any copies made of All Strokes Matter Material must be immediately destroyed. Any unauthorized use of All Strokes Matter Material may infringe copyright laws, design laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

YOUR SUBMISSIONS AND UNSOLICITED COMMUNICATIONS

This section concerns communications sent to All Strokes Matter. It does not concern the communication of personal information to All Strokes Matter in relation to customer inquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.

Any unsolicited communication or material that you transmit to All Strokes Matter via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by All Strokes Matter. By sending communications to All Strokes Matter, you automatically grant All Strokes Matter a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by All Strokes Matter and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Furthermore, All Strokes Matter enjoys a worldwide reputation for both the design and manufacture of high-quality items. To this end, it possesses its own sources of creativity, in particular highly skilled team of designers who conceive and perfect All Strokes Matter’s creations. As a result, All Strokes Matter cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that All Strokes Matter may already be working on similar ideas and/or creations. Consequently, you are advised that All Strokes Matter is not interested in receiving ideas or other proposals relating to creations you may wish to submit.

 

LIMITATION OF LIABILITY

This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.

All Strokes Matter tries to ensure that the information provided is accurate and complete. However, All Strokes Matter does not warrant or represent that All Strokes Matter’s Material is accurate, error-free or reliable or that use of All Strokes Matter Material will not infringe rights of third parties.

All Strokes Matter does not warrant that the functional and/or technical aspects of the Platforms or the All Strokes Matter Material will be error free or that the Platforms, All Strokes Matter Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or All Strokes Matter Material results in the need for servicing or replacing property, material, equipment, data or other element, All Strokes Matter is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. All Strokes Matter and its suppliers make no warranties about the All Strokes Matter Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

To the fullest extent permitted by applicable law, All Strokes Matter shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if All Strokes Matter has been advised of the possibility of such damages.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

 

TRADEMARK NOTICE

In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected All Strokes Matter trademarks or are licensed for use by All Strokes Matter by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without All Strokes Matter’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

 

COPYRIGHT NOTICE

All content (including All Strokes Matter Materials) on the Platforms is either Copyright © All Strokes Matter or are licensed for use by All Strokes Matter. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.

 

LINKS AND LINKING

The Platforms may contain links to other platforms operated by third parties not affiliated to All Strokes Matter. The inclusion of any link to such third-party sites does not imply endorsement by All Strokes Matter of those sites. All Strokes Matter has not reviewed all the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third-party sites then this is at your own risk.

All Strokes Matter does not authorize linking to any of its Platforms from a third party platform without its express prior written authorization.

 

TERMINATION AND SUSPENSION

You agree that All Strokes Matter may terminate or suspend your access to and use of the Platforms if All Strokes Matter reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of All Strokes Matter, its affiliated companies or any third party, with or without notice to you. You agree that All Strokes Matter may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that All Strokes Matter will not be liable to you or any third party because of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Use.

 

GENERAL PROVISIONS

Unless otherwise specified, the information and All Strokes Matter Materials presented on the Platforms are presented solely for the purpose of promoting All Strokes Matter’s products and services and in certain cases to present products for sale via a variety of means. All Strokes Matter makes no representation that All Strokes Matter Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to All Strokes Matter Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.

If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid, or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

The waiver by All Strokes Matter of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

 

APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach, or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of the United States of America are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

 

CONTACT US

If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

If you have any questions about this Terms of Use or the way your information may be processed, please contact us at:

  • via email:HQ@allstrokesmatter.com
  • via letter: 162 S Rancho Santa Fe Rd, PMB 413 STE E70, Encinitas, Ca 92024
  •  

    CONDITIONS OF SALE

    Last updated: 10/4/22

    About All Strokes Matter and these Conditions of Sale

    These Conditions of Sale apply to any sales of All Strokes Matter products or services that you may order from using the website www.Allstrokesmatter.com and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”) or by telephone via our customer service center.

    Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms or Customer Service Center (together the “Sales Channels”). Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels. Sales concluded through physical points of sale (such as our retail boutiques) or third parties (such as authorized retailers) are not subject to these Conditions of Sale.

     

    UPDATES TO THESE CONDITIONS OF SALE

    We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.

     

    PURCHASING ELIGIBILITY

    Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to as specified by the Sales Channels, may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.

    By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.

     

    PRODUCT AVAILABILITY & QUANTITY

    All orders placed through the Sales Channels are subject to availability and acceptance of such orders by us. Products shown on the Platforms, which cannot be added to the shopping bag, are not available for sale via the Platforms. The Customer service department can provide more information as regards these products. For information about the order process, please refer to our Order Process section below.

    Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.

     

    ACCOUNT REGISTRATION & GUEST CHECKOUT

    To place an order, you may either register and create an online account, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s).

    Order Process

    The order process of the Platforms will include the following:

    •   Add to Shopping Bag: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits). Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment.
    •   Guest/My Account Checkout: When you are ready, you then proceed to “Checkout”, either as a guest or through your registered account. You may also remove one or several products you have selected from the shopping bag as part of the checkout process.
    •   Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order.
    •   Placing of Order: You then check the relevant box and place your order.

    We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.

    Prices, taxes, and shipping costs

    All prices shown on the product pages of the Platforms include sales taxes/VAT but exclude shipping costs and other taxes unless otherwise stated.

    The applicable currency will be updated based on the shipping destination after you provide us with the delivery address and will be shown in your shopping bag before you place your order. You should check updated prices and currency carefully.

    Sales, use or other taxes will vary based on the location to which products are being shipped.

    Shipping costs, if any, are described in the shipping and handling policy below or on the Sales Channels. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. These costs will be summarized before you are asked to confirm and place your order and will also be reflected in our email correspondence with you once you have chosen your delivery options.

    We reserve the right to modify prices and delivery costs at any time without prior notice.

    We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you However, it is always possible that, despite our reasonable efforts, some of the products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.

    Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.

    Payment

    We accept the methods of payment identified as part of the order process via the Sales Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification.

    When ordering on the Platforms, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to the Customer service department your complete payment details. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.

    Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.

    Where we offer PayPal as a payment method, the full amount of your purchase will be debited on your payment card immediately following the placement of your order. Pre-payment shall not impact any of your legal rights under these Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.

    We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made through the Sales Channels or Customer service department, however, some financial institutions may charge a fee for using a bank wire transfer. We require that all bank wire transfer orders placed by telephone be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.

    Order Confirmation

    Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written Order Confirmation (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This Order Confirmation is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Order Confirmation, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Order Confirmation does not reflect your intentions, you should contact the Customer service department promptly.

    These Conditions of Sale will be provided to you when we acknowledge your order.

    Shipping Policy

    We only accept orders for delivery to the country or countries that are identified during the Order Process. Please note that we do not ship to certain addresses, such as military, certain restricted areas, or pick-up points. For further information, please contact HQ@allstrokesmatter.com.

    If you order several products, we will ship the order only once all products are available (there will be no partial shipments unless otherwise communicated to you).

    Confirmation of Order & Shipment

    Upon shipment of your order, we will send you a Confirmation of Shipment in writing (by e-mail or otherwise). This Confirmation of Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.

    Delivery

    We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order & Shipment and in any event within thirty (30) days after that date, except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we personalize or produce to your specifications.

    If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimize the effect of the delay. If we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact the Customer service department to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received.

    In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.

    When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.

    [If you have specified a recipient who is not you for delivery purposes (for example, as a gift), then you understand and accept that evidence of a signature by such recipient (or a person at the delivery address) is evidence of delivery and fulfilment of the sales contract by All Strokes Matter and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for certain categories of products. Please FAQ’s section or call our Customer service department for more information.

    Invoices

    When ordering products via the Sales Channels, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).

     

    RETURNS AND EXCHANGES  

     

    • Right to Cancel

    You have the right to cancel the contract created by our written order confirmation without giving any reason fourteen (14) days from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the products in your order. If you are a customer based in the European Union or the European Economic Area and have made a purchase via the Sales Channels, this is considered to be your statutory right to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for you to withdraw before the withdrawal period has expired.

    To cancel the contract and return your product(s), you can contact our Headquarters and follow the instructions that will be given to you, or you can send us in writing an unequivocal statement such as a letter or e-mail to: All Strokes Matter, 162 S Rancho Santa Fe Rd, PMB 413 STE E70, Encinitas, Ca 92024 or HQ@allstrokesmatter.com

    •       Return Process

    Products that have been purchased through the Sales Channels may only be returned to our All Strokes Matter distribution center at the address of our Returns Department, as provided in our FAQs section, in accordance with these Conditions of Sale.

    You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by our All Strokes Matter distribution center will be eligible for a refund or exchange.

    Please refer to our FAQs or call the Customer service department for further details. You may be asked to provide information about the products for us to make a first assessment of the condition of these products.

    •       Condition of Returned Products

    We will verify that the returned product satisfies the conditions of the Returns and Exchanges Policy and, if so, then proceed with the applicable refund or exchange.

    Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), including all accessories and documents. We reserve our right not to accept any return if the product shows signs of wear or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.

    If you have received free items as part of your order, they must be returned with the products.

    All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you. If the returned product satisfies QC, we will proceed with the applicable refund or exchange.

    Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.

    •       Products you cannot return or exchange

    Orders for products that have been personalized in any way or otherwise made for you with bespoke specifications cannot be cancelled and such products cannot be returned to us for exchange or refund. This includes, without limitation, products that have been embroidered or embossed.

    •       Refunds

    You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above.

    Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the product as a gift (i.e., a “Gift Recipient”) be entitled to receive a refund. If you are a Gift Recipient and wish to return a product, please contact Customer Service to discuss your options.

    If the return complies with these Conditions of Sale, we will use commercially reasonable endeavors to refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction within fourteen (14) days after receipt of the returned item by the All Strokes Matter distribution center. Except for delivery of a defective product by us, initial shipping charges will not be refunded.

    •       Exchanges

    You may return a product purchased through the Sales Channels for exchange with another All Strokes Matter product, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above.

    In any event, the sale of the returned product will be cancelled and a new order for the product ordered must be placed.

    Should a product be returned to the All Strokes Matter distribution center for exchange with a less expensive product, only the buyer of the returned product will be entitled to receive a refund of the price difference.

    If a product is returned for exchange with a more expensive product, you will have to pay the price difference.

    Manufacturer’s guarantee and your legal consumer rights

    We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

    Selected products are covered by the applicable [All Strokes Matter] Guarantee. If you wish to repair a product covered by the applicable [All Strokes Matter] Guarantee, please refer to the applicable [All Strokes Matter] Guarantee, and call customer service for more information.

    In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable [All Strokes Matter] Guarantee.

     

    CODES, COUPONS, AND PROMOTIONS

    Complimentary gifts as part of a Promotion may vary from pictures.

    A Code or Promotion may not be combined with other discount offers or promotions (unless expressly permitted by All Strokes Matter), or applied to prior orders or cancelled orders, including due to out-of-stock merchandise, and must be used on a per purchase basis.

    A Code that offers a percentage off of a purchase price may in some instances be used in combination with a free shipping Code (when expressly permitted by All Strokes Matter) but cannot be combined with any other percentage off Code.

    Code and Promotion offers apply only to the purchase of merchandise and do not apply to gift card purchases, shipping charges, taxes, or other fees.

    Only one Code or Promotion may be applied per order and per customer, except as otherwise expressly permitted by All Strokes Matter in writing. The Code and Promotion may be available only for a limited time or for one time use only. A Promotion is valid only while supplies last.

    A Code or Promotion may not apply to sale items unless expressly permitted by All Strokes Matter. Additional exclusions may apply when a Code or Promotion are limited to specific types of products.

    In the event a Code may be applied to only one item, the Code shall automatically apply to the least expensive item.

    If you attempt to apply more than one Code to your order, All Strokes Matter will apply the one with the greatest discount.

    You are restricted from returning for a refund an individual product purchased as part of a combination (including any free gift with the purchase), and all such products included in the combination must be returned in their entirety.

    Purchases of items that qualify for a complimentary gift may not be eligible for return and only exchanges may be permitted. No exchange of any gift is permitted.

    In the event you return an item that qualified for a complimentary gift, please be sure to include the complimentary gift with the return. If you would like to keep the complimentary gift but not the qualifying item(s), your account will be charged for the value of the complimentary gift.

    Your use of any Code or Promotion is limited to the purpose for which your Code or Promotion offer was received. Your use of any Code or Promotion offer is limited to personal use, is not for resale, and may

    not be transferred or shared unless expressly directed by All Strokes Matter. Any use beyond the prescribed limited purpose is prohibited. A Code or Promotion is not redeemable for cash or credit.

    Your use of each Code or Promotion offer must comply with all applicable laws, rules, and regulations, and you will not provide All Strokes Matter with any information or material (such as a photograph or an email address) that you are not authorized to provide.

    Your abuse of a Code or Promotion, or your failure to abide by these terms or by any terms and conditions of a particular Code or Promotion, may lead to cancellation of your current Codes and Promotions and/or disqualification from participation in future Codes and Promotions.

    If All Strokes Matter determines that there is abuse of a Code or Promotion for a specific order before that order is fulfilled, All Strokes Matter may cancel the Code and/or Promotion offer and declare the order invalid with no obligation to fulfill it. All Strokes Matter reserves the right to cancel any order or demand a return of funds or products due to unauthorized, altered, or ineligible use of a Code or Promotion and seek any legal recourse it deems necessary in connection therewith.

    All Strokes Matter may revoke, modify, or terminate a Code or Promotion at any time for any reason.

     

    COMPLIMENTARY SERVICES

    The following complimentary services will be proposed, free of charge, by the Sales Channels:

    (a) Gift Note

    You may personalize your order by adding a personalized note that will be printed by All Strokes Matter on your packing slip. All Strokes Matter reserves the right to reject gift card notes it deems offensive or inappropriate.

    Product descriptions

    We try to ensure that the information, including product descriptions, dimensions, and colors, provided on the Platforms, in advertisements or catalogues or as provided by our team, is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.

    Limitation of liability

    To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Sales Channels whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

    Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.

    Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

    General provisions

    If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.

    These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

    We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.

    The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.

    This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable All Strokes Matter Guarantee.

     

    APPLICABLE LAW AND JURISDICTION

    These Conditions of Sale shall be governed by and construed in accordance with the laws of the country in which the applicable Selling Entity has its registered office, without reference to conflict of law’s provisions (“applicable laws”). Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach, or termination of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Conditions of Sale. Where the applicable laws are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

    You may bring proceedings against us either in the courts of the country in which the applicable Selling Entity has its registered office or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.

    Without any restriction to bring proceedings before a court, you and All Strokes Matter will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale, or any breach thereof.

    If you are a consumer resident in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of ADR entities in your country, you may refer to the European Commission Online Dispute Resolution platform at the following address: http://ec.europa.eu/consumers/odr/Entire Agreement.

     

    CONTACT US

    If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.

    All Strokes Matter

    162 S Rancho Santa Fe Rd, PMB 413 STE E70, Encinitas, Ca 92024