Last Updated: [DATE]
These Terms of Sale (these "Terms") govern your purchase of Hopscotch Clocks and accessories (the "Products") from K and A Studios LLC, a New Jersey limited liability company ("K&A Studios," "we," "us," or "our"), through our website at hopscotchclock.com (the "Site"). "You" means the person placing the order. By placing an order, you agree to these Terms. If you have a question, please email us at support@hopscotchclock.com before you buy.
Your use of the Hopscotch App, the Hopscotch account service and the software on the Products is governed by our Terms of Use, and our handling of personal information is described in our Privacy Policy.
You must be at least 18 years old and have a shipping address in the United States to place an order. The Products are designed for use with young children but must be purchased, set up and mounted by an adult.
Your order is an offer to purchase. We accept your order when we send an email confirming that it has shipped or, for a pre-order, that your pre-order has been accepted. Until then, we may decline or cancel an order, for example if a Product is unavailable, if there is an obvious error in its price or description, or if we suspect fraud. If we cancel an order, we will refund any amount you paid in full.
Prices are stated in U.S. dollars. Applicable sales tax and shipping charges are added and shown before you pay. Payment is processed by our payment processor; we do not see or store your full card number.
If you pre-order a Product, we will charge you when your order ships. We will show an expected shipping date before you pay. If we cannot ship by that date, we will notify you by email of a revised date and give you the option to wait or to cancel for a full refund. You may cancel a pre-order for a full refund at any time before it ships by emailing us.
We ship only to addresses in the United States. We ship in-stock orders as soon as reasonably possible and within 30 days of your order. If we cannot ship within 30 days, or for a pre-order by the date we showed you, we will notify you by email before that time expires, provide a revised date, and give you the option to cancel for a full refund. If you cancel, we will refund card payments within one billing cycle.
Title to the Products and the risk of loss or damage pass to you when the Products are delivered to your shipping address.
If a Product arrives damaged or is not what you ordered, email us within 14 days of delivery with your order number and a photo, and we will replace it at no cost to you.
You may return a Product within 30 days of delivery for a full refund of the price you paid, even if you have opened and used it.
Defects that appear after the return period are covered by the Limited Warranty in Exhibit A.
The Products are covered by our 1-Year Limited Warranty, set out in Exhibit A, which is also included in the box and is available on the Site before purchase. The Limited Warranty is in addition to your rights under applicable law.
An adult must install the Products following the mounting instructions and safety information included with them. Keep the power cable out of a child's reach as the instructions describe, and keep packaging and small parts away from young children. If a Product appears damaged or unsafe, unplug it and contact us.
The Products contain software that we own, which you may use on the Product on which it was installed. You set up a Product with the Hopscotch App for iPhone, iPad or Android, which requires a Hopscotch account. Certain features, such as reaching a Product away from home, require a paid subscription, offered in the App under our Terms of Use; a Product continues to show its routine at home without one. The Product uses Wi-Fi to keep accurate time and to receive software updates, which install automatically. We will not use an update to remove a core feature you paid for. You may not copy, modify or reverse engineer the software, except where the law permits it.
If a Product we sell you fails, your remedies are the refund, repair or replacement described in these Terms and in the Limited Warranty. We are not responsible for losses that were not a foreseeable result of our breach of these Terms, such as lost income or other indirect losses.
Nothing in these Terms limits or excludes our liability for death or personal injury; our negligence, gross negligence or willful misconduct; fraud or misrepresentation; our obligations under product liability law; or any other liability that cannot be limited or excluded under applicable law. Some states, including New Jersey in certain circumstances, do not allow the limitation in the first paragraph of this Section 12, so it may not apply to you. Nothing in these Terms affects your rights under the New Jersey Consumer Fraud Act or any other consumer protection law.
If you have a problem, please email us first; most issues can be resolved quickly. These Terms are governed by the laws of the State of New Jersey. Either of us may bring a claim in the state or federal courts located in Bergen County, New Jersey. You may also bring a claim in the small claims court where you live, if it has jurisdiction. Nothing in this section limits any right you have to recover attorney fees or costs under applicable law.
We may update these Terms from time to time. The version posted on the Site when you place your order applies to that order.
If a court finds any part of these Terms unenforceable, the remaining parts remain in effect.
Questions about these Terms or an order may be sent to:
K and A Studios LLC
K and A Studios LLC, [MAILING ADDRESS], support@hopscotchclock.com ("we," "us").
The original purchaser, and anyone who receives the Product as a gift from the original purchaser.
Your Hopscotch Clock and the power supply and mounting parts included in the box, against defects in materials and workmanship under normal household use.
One (1) year from the date the Product was delivered to you.
If your Product has a covered defect, we will, at our option, repair it, replace it with a new or refurbished unit of the same or a better model, or refund the price you paid. We pay shipping in both directions for warranty claims. A repaired or replacement Product is covered for the remainder of the original warranty period or 90 days, whichever is longer.
Email support@hopscotchclock.com with your order number or other proof of purchase and a short description or video of the problem. We will respond within 3 business days with next steps. You do not need to register your Product to be covered.
Any implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the one-year duration of this written warranty. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
We are not responsible for incidental or consequential damages resulting from a breach of this warranty. This does not limit our responsibility for personal injury or anything else the law does not allow us to limit. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.