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 Terms and Conditions

OVERVIEW

This website is operated by Dear Panda LLC ("Dear Panda"). Throughout the site, the terms “we”, “us” and “our” refer to Dear Panda. Dear Panda offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

These terms set out the terms of your use of the Dear Panda website and your purchase of Dear Panda subscriptions and products. Read these terms very carefully when browsing our site or before purchasing products from our website. You signify your acceptance of this policy and terms of service by using this site. If you do not agree to this policy, do not use our site. If you have questions on these terms or about Dear Panda, please contact us at help@mydearpanda.com.

mydearpanda.com is a site operated by Dear Panda LLC, and is registered in California USA. Dear Panda reserve the rights to change the content of this page without any advance notice. Please check back here periodically to be informed of our policies.

Product & Product Use

Dear Panda reserve the right to determine the contents of each subscription box and gift boxes. 

We will not be liable for any health issue, accidents or injuries from using our products for any reason. Any questions in terms of the quality of products should be sent as a feedback to us at help@mydearpanda.com.  

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Purchase of Products

In order to purchase our products, you must provide us with certain basic personal and billing information, such as your name, mailing address and credit card information. You agree that all information you provide with respect to your purchase of products and payment are accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. You will be responsible for payment to Dear Panda of the applicable taxes and shipping (if any) relating to purchases on our site.

All orders are subject to our acceptance.  We may refuse to accept any order, or any portion of an order, in our sole discretion, even if we have provided a confirmation of order. For example, if a product is listed at the incorrect price, we have the right to reject or cancel orders at the incorrect price, even if the order has been confirmed or your credit card charged. If this happens and we cancel an order after charge to your credit card, we will promptly credit your credit card account in the amount of the charged price.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We will not modify the price of your automatically renewing subscription without providing you with adequate notice and receiving your acceptance of the price change.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Shipping & Delivery

Shipping

You are responsible for keeping your account and shipping information accurate and up-to-date and any address changes for a month’s box must be made by the 17th of the month by 9:59pm PST to be valid for next month’s box. If one of your boxes is returned to us, we will resend the first box for free as a courtesy, but any future boxes that are returned to us for an incorrect address will be invoiced to the customer for shipping (including fees due upon delivery to us as well as return shipping charges to the customer.)

Delivery

Delivery of our products in USA is provided by USPS and we will not be liable for any negligence or misconduct of the delivery personnel. 

Damaged/Loss Parcel

We take good care to pack and deliver your orders so that the products arrive safely. The packaging of the delivery is meant to withstand the delivery process. Should the actual products be damaged during delivery, please contact us at help@mydearpanda.com

Cancellation & Returns

Cancellation Policy

You can cancel your subscription at anytime. Cancel by 9:59 PM PST on the 17th of the month if you do not wish to receive next month’s box. To cancel, email us at help@mydearpanda.com with the name and/or email address of the account. If you email to cancel after 9:59 PM PST on the 17th of the month, you are ineligible for a refund for next month’s box and will receive that month’s box. Multi-month subscriptions may be cancelled mid-term and will be issued a pro-rated refund for any remaining months. For 3-, 6-, or 12-month subscriptions:  Once you cancel, you will not be billed for another term, but you cannot be refunded for boxes remaining in the term (For example, if a 6-month subscription is canceled after the fourth month, two more boxes will still be shipped). Gift subscriptions (1-, 3-, 6-, 12-month terms) are not eligible for cancellation - these subscriptions will expire after the original term is complete. 

Returns & Refunds

We do not offer any refunds or returns. 

​No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Dear Panda makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Dear Panda does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.
  • Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any matter you should consult an appropriate professional.

Limitation on Liability 

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL DEAR PANDA BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF USE, OR DAMAGE TO PROPERTY ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF DEAR PANDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DEAR PANDA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DEAR PANDA FOR THE AFFECTED PRODUCT(S).

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without] express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Dear Panda’s express written consent.

Intellectual Property Rights in the Site and Products 

Dear Panda owns and retains all proprietary rights in the site and the products, including without limitation, all content, graphics, video, sound, logos, software, trademarks, service marks and other material therein and all intellectual property rights associated with the content. Except for that information or content which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, republish, mirror, frame, transmit, distribute, perform, display, sell, or otherwise make available to third parties the site or any content. Your use of this site does not create any license or any other rights in Dear Panda’s or any third party’s copyrights, trademarks or any other intellectual property or proprietary rights.

All product names, logos, trademarks and service marks appearing on the site, including the Dear Panda logo are the registered or unregistered trademarks and property of Dear Panda. Nothing in these terms shall be construed to grant you any right or license in any of these names, logos, trademarks or service marks without the prior written consent of Dear Panda. All rights in and to the site not expressly granted herein are reserved by Dear Panda.

Any content, including text, video, audio or pictures, that you may provide to us, whether through the site, email, our social networking sites or otherwise, will remain your property. However, you agree that Dear Panda shall have the irrevocable, perpetual right and license to copy, modify, transmit, post, distribute, display and perform all such content for promotional and other purposes without attribution or consideration to you.  

Privacy Policy

Personal identification information

We may collect personal identification information from users in a variety of ways, including, but not limited to, when users visit our site, place an order and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,

We will collect personal identification information from users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Dear Panda collects and uses users personal information for the following purposes:

  • To process transactions
  • We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • To send periodic emails
  • The email address users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If user decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the user would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or user may contact us via our site.
  • We share your personal information with third parties to help us use your personal information, as described above. For example, we use Cratejoy to power our online store--you can read more about how Cratejoy uses your personal information here: https://www.cratejoy.com/sell/privacy/.
  • We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our site.

Your rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Your consent

By using our site, you consent to our Privacy Policy.

Contact us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at help@mydearpanda.com