COOPERATIVE TERMS OF SALE
Last Updated: March 20, 2023
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. For more details, go to Section 9.
EXCEPT WHERE PRODUCTS ARE DAMAGED IN DELIVERY, ALL SALES ARE FINAL – NO RETURNS OR EXCHANGES.
In these Terms of Sale (referred to as these “Terms” or this “Agreement”), the terms “you”, “your”, or “Customer” refer to you. The terms “we”, “us”, “our” or “Cooperative” refer to Cooperative, LLC, a Utah limited liability company, with a place of business at 260 S 1200 W, Orem, UT 84058. Cooperative or Customer may also be referred to individually as “party” and together as “parties” in these Terms. To be eligible to purchase products from the Cooperative Website, you must review and accept these Terms. When we refer to the “Website” in these Terms, we mean this website at www.cooperativesneakers.com.
1. Changes to These Terms
2. Eligibility to Order
To place and order on the Website, you must be at least 18 years of age. If you purchase using a credit/debit card, you must be the owner or an authorized user of the credit/debit card.
3. Placing an Order
To place an order, you must have a valid email address, and you may need to set your browser to accept both functional cookies and pop-ups in order to be able to use all the functionalities of the Website, which include adding items to your shopping bag and submitting your order. When you submit an order, we will send you an email receipt of your order (“Order Confirmation”). When your order is submitted, you must indicate you read and agree to these Terms. We recommend you print or download a copy of these Terms and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
4. Our Right to Cancel an Order
Fulfillment of all orders on the website is subject to availability. We reserve the right to not accept an order for any reason. We also reserve the right to cancel an order by written notice to you, without being liability for any damage or costs other than repayment of any amount received from you in relation to the order canceled. We may cancel an order for any reason, including but not limited to availability; your billing information is not correct or verifiable; your order is suspected fraud; your payment is not received; we believe you are under legal age; there was an error in the price displayed on the Website; we could not deliver to the address provided by you; due to an Event Outside Our Control (see below); or in the event of misspelling, pricing, or other errors or mistakes in the Website information.
5.1 Payment Methods
We accept all major credit/debit cards (Visa, MasterCard, American Express, and Discover), product vouchers, and Cooperative gift cards.
5.2 Payment Processing
Except with respect to pre-ordered products, immediately upon submitting your order, we will verify and deduct the amount due from your account.
5.3 Total Price
The total prices specified in the final checkout screen may include tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit/debit card, the total amount for your entire order will be reflected on your statement.
5.4 Price Changes
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
6. Shipping & Delivery
6.1 Where and When
We process and deliver orders Monday-Friday (excluding holidays). Saturday and Sunday deliveries may be available for some orders. During checkout, you can view estimated delivery dates and choose your preferred shipping option. Shipping options may include standard, expedited, express, and store pickup. We use a variety of shipping carriers to make sure we deliver your order as soon as possible. If you order multiple items, you may get multiple deliveries. We do not offer international shipping and are unable to ship to U.S. territories, PO boxes, or package forwarding services.
6.2 Inspection Upon Delivery
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
7. Returns & Cancellations
7.1. Canceling Order Before Shipment
You may cancel any order free of charge and without giving us any reason, provided it has not been shipped. We immediately begin processing orders placed on our Website. If you wish to cancel your order, please contact us immediately to check the status and request cancellation. If your order is available for cancellation, we will cancel your order and cancel or refund your payment. If the product(s) are delivered undamaged, you are not eligible for cancellation or refund.
7.2. Refunds & Orders After Delivery
Except where products are damaged in delivery, all sales are final. This does not affect your statutory rights. In the event your claim is justified, the purchase price and shipping costs will be refunded. Eligible refunds will be issued based on the original form of payment.
8. Events Outside Our Control
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. If an Event Outside Our control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you; and our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.
9. Dispute Resolution by Arbitration, Waivers to Jury Trial and Class Action
Any dispute or claim relating in any way to these Terms and the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Utah law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. We each agree that any and all disputes must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. By entering into this agreement and agreeing to arbitration, you agree that you and Cooperative are each waiving the right to file a lawsuit and the right to a trial by jury. In addition, you agree to waive the right to participate in a class action or litigate on a class-wide basis. You agree that you have expressly and knowingly waived these rights. To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Cooperative, 260 S 1200 W, Orem, UT 84058. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees and costs will be governed by the AAA’s rules. Cooperative will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination, or rescission of this Agreement.
10. Governing Law
Any claim relating to, and the use of, the Services, Website, and the materials contained herein is governed by the laws of the State of Utah, United States. You consent to the exclusive jurisdiction of the state and federal courts located in Utah County, Utah.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
12. Entire Agreement
Except as provided in these Terms and any exhibits or attachments, applicable Order Form(s), or other terms incorporated by reference into these Terms, these Terms supersede all prior and contemporaneous proposals, statements, sales materials, presentations, or agreements, oral and written. No oral or written information or advice given by us, our agents, or our employees will create a warranty or in any way increase the scope of the warranties or obligations under these Terms.