Terms & Conditions

Terms & Conditions

Updated August 30, 2024

Welcome to the Qhoobi Global, LLC (dba QHOOBI “QHOOBI”) web site ("the Site," "we," "us," or "our"). QHOOBI provides the Site as a service to its customers. Please read the following terms of service ("Terms") as they govern your use of our Site, including the purchase of products on the Site (“Products”) or other services available on the Site (“Services”). By using the Site, you agree to follow and be bound by the Terms below. If you do not agree to these Terms, please do not use this Site in any way.

Additionally, QHOOBI reserves the right to modify these Terms at any time without prior notification. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of the Terms as then effective. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND QHOOBI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

DESCRIPTION OF QHOOBI

QHOOBI is an online retailer of medical and lifestyle apparel.

USAGE RESTRICTIONS

All of the content that appears on the QHOOBI web site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held or in process of being held by QHOOBI. The entire content of the QHOOBI web site is subject to copyrights as a collective work under U.S. copyright laws. QHOOBI grants you a limited license to access and make personal use of the content on this website. Content of the QHOOBI website is intended solely for the personal, non-commercial use by the users of our Site.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe any materials accessible on the Site infringe your copyright, or a copyright belong to a third party in violation of the Digital Millennium Copyright Act, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

QHOOBI’s agent for copyright issues is as follows:

• QHOOBI Global, LLC Attn: Legal Department 2800 Highway 121, Suite 1000 Euless, TX 76039
• Email: support@qhoobi.com (Please include the word ‘LEGAL’ in the Subject Line)

NOTICE

QHOOBI, its affiliates or representatives may contact you or provide you with service-related and/or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.

ORDER ISSUES

For any reason, we reserve the right to decline to accept your order or any part of your order on reasonable grounds or where permitted by the Terms. If some of the Products in your order are temporarily out of stock, we will notify you in writing at the email address you provided of any Products that cannot be fulfilled and will work with you in good faith to find a suitable replacement for such items. If we are unable to find a suitable replacement, we will ship the available Products only and provide a refund for any out-of-stock Products. If we decline to accept your order, we will notify you in writing at the email address you provided.

ORDER CANCELLATION

If any Product is discontinued or otherwise becomes unavailable, QHOOBI reserves the right to cancel your order and provide you a refund for the amount paid for the Product.

RETURNS AND EXCHANGES

All sales of Products are subject to our then-current return policies, as posted on the Site and made available to you when you placed an order through our Site. Please see the Returns & Exchanges section for the most current version of our policy.

PRICING AND PRODUCTS POLICY

At QHOOBI, we are committed to providing our customers with great quality Products at reasonable prices. We have done our best to display our items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur. Having said that, the displayed colors of the Products will depend upon your display monitor, and we cannot guarantee that your display monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change prior to submission of an order. We cannot confirm the price of an item until prior to you paying for the order. Despite our best efforts, a small number of the items on our Site may be mispriced. To the extent permitted by applicable law, we are not responsible for typographical errors regarding price or any other matter and reserve the right to correct any such errors at any time. ALL PRICES DO NOT INCLUDE SHIPPING AND HANDLING, GST, VAT, SALES TAXES, OR ANY CUSTOMERS CHARGES OR DUTIES (INCLUDING BROKERAGE FEES) WHICH, IF APPLICABLE, WILL BE ADDED TO YOUR TOTAL PURCHASE PRICE PRIOR TO YOU PAYING FOR THE ORDER. You are responsible for the payment of any shipping and handling charges, state, GST, VAT, provincial and local sales or use taxes, and customs charges or duties (including brokerage fees) that may apply to your order.

We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes cannot be purchased. Promo Codes may only be used once per person. Only Promo Codes sent to you through official QHOOBI communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. You acknowledge that you have read and understood the applicable terms for information related to any such promotion. Each promotional terms are incorporated by this reference into, and made a part of, the Terms. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.

We offer 15% off Products to every student with a valid .edu email account registered with QHOOBI. This 15% student discount cannot be combined with any other QHOOBI discount and/or promotion offered elsewhere by QHOOBI.

If you are not satisfied your purchase, please review our Returns & Exchanges section for further assistance.

FINAL SALE POLICY

Products denoted as Final Sale are not eligible for exchange, credit or refunds. Price adjustments will not be provided to previous orders.

SITE USE

You cannot access or use the Site for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although QHOOBI cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Also, you agree that no comments or other user submissions submitted by you to the QHOOBI website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content and nature of any comments you make.

USER SUBMISSIONS

QHOOBI strives to create an interactive relationship with the members of its Site and services. When you as a user post or publish content that you upload, post, e-mail, transmit or otherwise make available on the Site (“Your Content”), you grant QHOOBI a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Site. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not QHOOBI, are responsible for all of Your Content on the Site. For further clarity, QHOOBI shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.

FEEDBACK

If you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site or the Services (collectively “Feedback”), then you agree we may use the Feedback to modify our Products, Site and Services and that you will not be due any compensation, including any royalty related to the Product or Service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, export, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.

CORRECTION OF SITE ERRORS

The information on the QHOOBI website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

ACCOUNT AND PASSWORD

If you establish an account (“Account”) with us, you will be requested to select an ID and password. You promise to provide us with accurate, complete, and updated registration information about yourself. To keep your Account secure, you are responsible to protect the security of your Account and not share your account ID or password with anyone. You are responsible for all activity associated with your Account.

You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent's or guardian's permission to access the Site and to agree to these Terms on your behalf). By submitting your payment information, you are making payment for your order and authorize us to charge the applicable payment provider at our convenience but within thirty (30) days of credit card authorization. You represent and warrant that you will not use any payment provider unless you have all necessary authorization to do so. We assume that because orders require a valid credit card, only persons age 18 or over are placing orders and providing us with the information requested during the order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so under your supervision); however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card. If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

INDEMNITY

By use of this Site, Services or Products, you agree to indemnify and hold QHOOBI and its officers, directors, employees, agents, contractors, subsidiaries, and joint ventures (either individually referred to here as a “Representative” or collectively as “Representatives”) harmless from any third party claim or demand, as well as losses, expenses, damages, fees (including attorneys’ fees and court costs) and other costs, resulting from your violation of these Terms or any activity related to your Account (including negligent or wrongful conduct), and your access to and use of the Site, Services and Products (unless otherwise prohibited by applicable law).

We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You further agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Site and/or Services.

TERMINATION OF SITE, SERVICES OR ACCOUNT

QHOOBI reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, Services, including your Account, at any time for any reason without prior notice or liability. In the event of termination of the Site, Services, or Account, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. QHOOBI shall not be liable to you or any third-party for any termination of your access.

PRIVACY POLICY

You acknowledge that you have read and understood the terms of the QHOOBI Privacy Policy for information relating to our collection, use, storage, disclosure of your personal information.

THIRD PARTY LINKS

To improve our Site, QHOOBI may use and promote services provided by outside third parties. However, even if the third party is affiliated with QHOOBI, we do not control these services and make no representations regarding these persons or entities. We make no warranties or representations regarding these third-party sites, and we are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability, available products or services, of any such sites. Third-party sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third-party website or merchant or operator of such a third-party website. You access and use of these third-party websites and their services or products at your sole risk.

DISCLAIMER OF WARRANTIES

All content, Products, and Services on the Site, are provided to you "as is" without any guarantees or warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Use of the Site, Products and Services at the user’s risk.

LIMITATION OF LIABILITY

QHOOBI and/or its Representatives shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of revenue, profits, goodwill, use of data, lost opportunities or business interruptions (or other intangible losses) that result from your access and use of, or your inability to access or use, the Site, Services on this site or the performance of any its Products (even if QHOOBI was advised of, knew of or should have known of the possibility of such damages) and regardless of whether such damages are based in contract, tort (including negligence and strict liability), warranty, statute or otherwise, unless prohibited by applicable law. Our total liability for claims related to you for the use of the Site, Services and Products is limited to the (a) the total amount of the order of Products giving rise to our liability or (b) $50, whichever is greater.

LIMITATION ON LEGAL ACTION

You and QHOOBI agree that any cause of action arising out of or related to the Site or Services must be initiated within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.

ARBITRATION AGREEMENT

Please read this Arbitration Agreement carefully because it requires you to arbitrate certain disputes and claims with QHOOBI and limits the manner in which you can seek relief from QHOOBI. Both you and QHOOBI acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, QHOOBI's Representatives are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Representatives will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Fort Worth, Texas. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator who shall be selected from the appropriate list of JAMS arbitrators in accordance with such its rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. The JAMS rules will govern payment of all arbitration fees.

Notwithstanding the foregoing, either you or QHOOBI may assert claims, if they qualify, in small claims court in the County of Tarrant, State of Texas or the United States county where you live.

YOU AND QHOOBI WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and QHOOBI are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and QHOOBI over whether to vacate or enforce an arbitration award, YOU AND QHOOBI WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor QHOOBI is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.

In any circumstances where the foregoing arbitration agreement permits either you or QHOOBI to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and QHOOBI agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in the County of Tarrant, State of Texas.

If any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS rules, the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

This Arbitration Agreement will survive the termination of your relationship with QHOOBI.

Additional Terms & Conditions for Businesses

Effective Date: May 1, 2024

By placing an order for the purchase of QHOOBI Global, LLC (dba QHOOBI “QHOOBI”) products on the QHOOBI website or directly from QHOOBI, you agree to be bound by the above Terms and Conditions (the “General Terms”) and these Additional Terms and Conditions that are applicable to businesses (“Additional Terms”), each as in effect from time to time. QHOOBI reserves the right to modify these Additional Terms at any time without prior notification. You may use your own form of purchase order to place product orders with QHOOBI, but no terms or conditions appearing on or included with any such order shall have any effect unless expressly agreed to in writing by QHOOBI. By placing an order for QHOOBI products, you agree that QHOOBI may use your company name and logo in QHOOBI’s promotional and marketing materials, and otherwise identify you as a QHOOBI customer.

PAYMENT TERMS; SHIPPING

Unless otherwise expressly agreed to by you and QHOOBI in writing, Products (and any applicable sales tax and shipping charges) must be paid for in advance via credit card or wire. QHOOBI shall not be responsible for any shipping delay caused by a carrier, an act of war, natural disasters or events outside of our control determined by QHOOBI in its exclusive opinion.

RETURNS AND EXCHANGES

If you are not satisfied with your purchase, please review our Returns & Exchanges section for further assistance. Custom orders, items marked as Final Sale, and masks, face, hair coverings are final sale only and are not eligible for return or refund. Any defective masks should be reported within 3 days of receipt.

USE OF PRODUCTS; RESALE RESTRICTION

You represent and warrant that any QHOOBI products purchased by you will be solely for use by your employees and other personnel and may not be resold or marketed for resale without QHOOBI’s advance written consent. In the event that QHOOBI does authorize to you to resell Products, additional resale terms and conditions will apply.

GOVERNING LAW

These Terms governed by the laws of the State of Texas without giving effect to its choice of laws principles, and consistent with the Federal Arbitration Act.

Terms and conditions for QHOOBI eGift Cards

Effective Date: August 27, 2024

These eGift Card Terms and Conditions are applicable to your Qhoobi Global, LLC (dba QHOOBI “QHOOBI”) eGift Cards (“Gift Cards”) purchased through the QHOOBI website. All Gift Cards are subject to the QHOOBI Privacy Policy.

Gift Cards can be redeemed only for future purchases of merchandise or services at QHOOBI.com. Every QHOOBI Gift Card is a single use card and any card containing an unused balance will be forfeited.

No taxes are charged on the purchase of Gift Cards. Applicable taxes are charged when Gift Cards are redeemed. Upon redeeming your Gift Card, if your purchase exceeds the amount of the Gift Card, you will need to pay the balance. When redeeming online, any balance not covered by the Gift Card must be paid by credit card.

NO EXPIRATION OR FEES: QHOOBI Gift Cards do not expire. There are no fees associated with QHOOBI Gift Cards.

DELIVERY: QHOOBI Gift Cards are emailed directly to recipients and usually arrive within hours after ordering. QHOOBI is not responsible for incorrect digital Gift Card delivery due to entry of an incorrect email address.

LIMITATIONS: Gift Cards cannot be redeemed on prior purchases or exchanges, or on purchases of return labels or Gift Cards.

RISK OF LOSS, NON-REFUNDABLE, NOT FOR RESALE: Gift Cards cannot be refunded, transferred to another Gift Card for value, or redeemed for cash or credit (except where required by law or as noted in the next sentence) and cannot be replaced or refunded if lost or stolen. Treat this card like cash and safeguard it accordingly. QHOOBI reserves the right to refuse to accept Gift Cards that QHOOBI suspects or believes were obtained fraudulently.

Gift Cards may not be resold. Gift Cards purchased through any unauthorized resellers or other internet auction sites are not guaranteed by QHOOBI.

AGREEMENT WITH TERMS: Right to Modify Terms: By purchase, use, or acceptance of QHOOBI Gift Cards you agree to comply with these terms and conditions. Terms and conditions may be changed at any time. We reserve the right, without notice to you, to void gift cards without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a QHOOBI account fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

CUSTOMER SERVICE: Please direct any inquiries to orders@qhoobi.com.