1. You and Sustain a Bum

1.1 Your use of Sustain a Bum’s services and web site (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and Sustain a Bum. Sustain a Bum is a project from Sustain a Living, registered under Lods Sustainability - a company based in Switzerland. Sustain a Bum can be contacted at contact@sustainabum.com. This document sets out the terms of that agreement.

1.2 At a minimum your agreement with Sustain a Bum will always include the terms and conditions set out in this document. These are referred to as the “Universal Terms”.

1.3 Your agreement with Sustain a Bum will also include the terms of any Legal Notices applicable to the Services. These are referred to as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Sustain a Bum in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms and the Universal Terms, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Sustain a Bum in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that Sustain a Bum will treat your use of the Services as acceptance of the Terms from that point onward.

2.3 Cookie Policy: By using the Sustain a Bum website you are aware and you agree that browser cookies can be installed on your computer and used for marketing, remarketing, geographical localization, language optimization or automatic tracking purposes by Sustain a Bum.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Transactions

3.1  If you wish to purchase any product or service made available through Sustain a Bum Services (each such purchase, a “Transaction”) you may be asked to supply certain information relevant to your Transaction, including without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Sustain a Bum the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by your or on your behalf. In connection with each Transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including without limitation the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner.

3.2 Any subscription not been paid on the last day of the current month, is still due until the end of the agreed upon subscription period. 

3.3 The client will receive an email as an order confirmation after the transaction with Sustain a Bum is completed. No further notice, invoice, email, or confirmation will be necessary nor given for monthly payments until and unless the subscription period expires or is cancelled under and following the terms of paragraph twelve (12) of this agreement.

3.4 The client subscription contract is rendered in effect at the time of the first transaction and until the end of the agreed upon subscription period. 

4. Return Policy for Damaged Product

4.1 In the event that you should have a damaged product due to a delivery issue, send an email to contact@sustainabum.com within 14 days after the delivery. Return postal fees are the responsibility of the purchaser. Another product within the same price range will be delivered after the damaged product has been controlled by Sustain a Bum.

5. Provision of the Services by Sustain a Bum

5.1 Sustain a Bum is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Sustain a Bum provides may change from time to time without prior notice to you.

5.2 As part of this continuing innovation, you acknowledge and agree that Sustain a Bum may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Sustain a Bum’s sole discretion, without prior notice to you. 

6. Membership Eligibility; Use of the Services by you

6.1 Membership in Sustain a Bum is only available to members who have not been suspended or removed by Sustain a Bum. You agree to use the Services for personal use and not for commercial purposes. Members may have more than one active membership account. Members are prohibited from selling, trading or otherwise transferring a membership account to anyone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if Sustain a Bum suffers any damage due to the unauthorized use of your account, you may be liable. By using the Services, you represent that you qualify to use the Services.

6.2 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Sustain a Bum will always be accurate, correct and up to date.

6.3 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation.

6.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

6.5 Unless you have been specifically permitted to do so in a separate agreement with Sustain a Bum, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

6.6 You agree that you are solely responsible for (and that Sustain a Bum has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Sustain a Bum may suffer) of any such breach.

7. Your passwords and account security

7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

7.2 Accordingly, you agree that you will be solely responsible to Sustain a Bum for all activities that occur under your account.

7.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Sustain a Bum immediately at contact@sustainabum.com.

7.4 By registering at Sustain a Bum, you accept that your email and postal mail addresses can be used for marketing activities by Sustain a Bum or occasional third-parties (for special offers).

8. Content in the Services

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

8.2 You should be aware that all information which you have access to as part of, or through your use of, the Services (“Content”) are protected by intellectual property rights which are owned by Sustain a Bum unless otherwise stated. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Sustain a Bum or by the owners of that Content, in a separate written agreement.

9. Proprietary rights

9.1 You acknowledge and agree that Sustain a Bum (or Sustain a Bum’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

9.2 Unless you have agreed otherwise in writing with Sustain a Bum, nothing in the Terms gives you a right to use any of Sustain a Bum’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Sustain a Bum, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms as updated from time to time.

10. License from Sustain a Bum

10.1 Sustain a Bum gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Services as provided to you by Sustain a Bum. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sustain a Bum, in the manner permitted by the Terms.

11. Content license from you

11.1 By submitting, posting or displaying any content on or through the Services, you give Sustain a Bum a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. Sustain a Bum reserves the right at any time to remove any content generated, submitted, posted or displayed by you on or through the Services.

11.2 You confirm and warrant to Sustain a Bum that you have all the rights, power and authority necessary to grant the above license.

12. Ending your relationship with Sustain a Bum

12.1 The Terms will continue to apply until terminated by either you or Sustain a Bum or until the purchased product designation states otherwise (for subscriptions only) as set out below.

12.2 If you want to terminate your legal agreement with Sustain a Bum, you may do so by notifying Sustain a Bum at any time by email at: contact@sustainabum.com. All the remaining payments for the agreed upon subscription period remain due. 

12.3 Sustain a Bum may at any time, terminate its legal agreement with you for any reason, including without limitation, if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Sustain a Bum is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) Sustain a Bum is transitioning to no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Service; or

(E) the provision of the Services to you by Sustain a Bum is, in Sustain a Bum’s opinion, no longer commercially viable.

12.4 You may terminate your relationship with Sustain a Bum at anytime, and your cancellation will be taken into account the month after the date of your cancellation, except for subscription products with a specific duration for which you agreed to be charged monthly during the stated duration (12, 24 or 30 months). For those specific products, all monthly payments are due until the end of the period selected.

For subscriptions with no specific duration, you can cancel by:

(A) Signing onto your account on Sustain a Bum and cancelling your subscription where it is available on the user interface or

(B) Sending an email to contact@sustainabum.com

12.5 A message confirming the cancellation will not be required, nor sent, by Sustain a Bum. If at the time of the client cancellation, a monthly payment is already paid, Sustain a Bum will deliver the product. No reimbursement will be made for a payment that happened before the cancellation date.

All valid cancellations will trigger the following:

- The current month box will still be delivered but no further box will be delivered after.

- The current month payment remain due to Sustain a Bum, but no further payment will be charged.

12.6 Order cancellation policy

In accordance with European and Swiss legislations, all Sustain a Bum orders can be cancelled within fourteen (14) days. If the product has already been shipped, the return postal fee is the responsibility of the purchaser.

12.7 Nothing in this Section shall affect Sustain a Bum’s rights regarding provision of Services under Section 6 of the Terms.

12.8 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Sustain a Bum have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 21.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

13. EXCLUSION OF WARRANTIES

13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 15 AND 16, SHALL EXCLUDE OR LIMIT SUSTAIN A BUM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

13.3 IN PARTICULAR, SUSTAIN A BUM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

13.4 ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.

13.5 SUSTAIN A BUM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. LIMITATION OF LIABILITY

14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 15.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUSTAIN A BUM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH SUSTAIN A BUM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) YOUR FAILURE TO PROVIDE SUSTAIN A BUM WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

14.2 THE LIMITATIONS ON SUSTAIN A BUM ’S LIABILITY TO YOU IN PARAGRAPH 16.1 ABOVE SHALL APPLY WHETHER OR NOT SUSTAIN A BUM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

15. Copyright and trade mark policies

15.1 It is Sustain a Bum’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers

16. Other content

16.1 The Services may include hyperlinks to other web sites or content or resources. Sustain a Bum may have no control over any web sites or resources which are provided by companies or persons other than Sustain a Bum.

16.2 You acknowledge and agree that Sustain a Bum is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

16.3 You acknowledge and agree that Sustain a Bum is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

17. Changes to the Terms

17.1 Sustain a Bum may make changes to the Universal Terms or Additional Terms from time to time. These terms will be available and biding once posted on the website.

17.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Sustain a Bum will treat your use as acceptance of the updated Universal Terms or Additional Terms.

18. General legal terms

18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

18.2 The Terms constitute the whole legal agreement between you and Sustain a Bum and govern your use of the Services (but excluding any services which Sustain a Bum may provide to you under a separate written agreement), and completely replace any prior agreements between you and Sustain a Bum in relation to the Services.

18.3 You agree that Sustain a Bum may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

18.4 You agree that if Sustain a Bum does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Sustain a Bum has the benefit of under any applicable law), this will not be taken to be a formal waiver of Sustain a Bum’s rights and that those rights or remedies will still be available to Sustain a Bum.

18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

18.6 You acknowledge and agree that each member of the group of companies of which Sustain a Bum is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

18.7 The Terms, and your relationship with Sustain a Bum under the Terms, shall be governed by the laws of the canton of Geneva, the country of Switzerland without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to these Terms, the Services or the relationship between you and us shall be settled by binding arbitration administered by Swiss Chambers’ Arbitration Institution using the Swiss Chambers’ Arbitration Institution Procedures and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be specific to you, and as such, you agree that you shall not bring or participate in any action against Sustain a Bum as part of a class action either in arbitration or in any court. In the event the foregoing is held to be unenforceable by any court, You and Sustain a Bum agree to submit to the exclusive jurisdiction of the courts located within the canton of Geneva to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Sustain a Bum shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

19. Discount Codes

19.1 Any and all discounts can only be used once per delivery address. Additional purchases with delivery at the same address will be charged at full price.

19.2. Clause 19.1 applies only to residential homes and apartments. Should the delivery address be to an office or other public location, the above clause will not apply, unless Sustain a Bum determines that the discount is being used for a fraudulent purpose.

19.3 Discounts offered to Sustain a Bum members are valid only when the members are active members. An active member is one who is currently utilizing the Services of the Sustain a Bum. This can be changed at the discretion of Sustain a Bum.

20. Code of Conduct

20.1 At Sustain a Bum, we continually strive to offer our members a superior experience by providing stylish and reliable cloth diapers along with high quality baby caring products (such as liners, washing mix and pharmaceutical grade baking soda). We also do our best to offer a first-class experience for our members, and uphold the highest degree of professionalism. We, therefore, reserve the right to cancel and/or terminate any member’s account for any violation of the Terms & Conditions listed throughout the site. Any fraudulent behavior, creating of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on Sustain a Bum or any other website in regards to Sustain a Bum, or while contacting any of our Member Services team, will not be tolerated.

21. Delivery policy

21.1 Delivery Conditions:

21.1.1 For all non-digital products, Sustain a Bum will do everything possible to deliver the product:

-  Within 10 days for the first box following the first order

-  Around the 5th of the next month, for all boxes after the first box

21.2 By purchasing through Sustain a Bum, the client is aware and agrees that the delivery can happen later than the dates stated above for logistical reasons.

21.3 No delivery should happen more than 45 (forty-five) days after the date of purchase. In that case, and in that case only, Sustain a Bum may reimburse the amount charged.

21.4 Conditions of delivery

Delivery will be made at the address stated at the checkout by the user. It is the responsibility of the client to ensure that the delivery address is correct. In the case that the delivery cannot be made due to the wrong delivery address, the client agrees to be charged for the return & the new shipping fees (5 CHF and 10 CHF) of the products. Another attempt will be made to deliver the product after the delivery address has been corrected by the user.

21.4.1 Third party providers will handle the delivery of the product (for example, national or private postal services). Sustain a Bum cannot and will not be held responsible for any issue occurring during the delivery, or while the package is in control of the third party. Sustain a Bum will assist in the coordination of the efforts to retrieve and/or deliver the product.

21.5 If the registered user and/or the person to whom the product is attributed to at the checkout is not at present when the delivery occurs, the product will be kept at the local post office for seven (7) days. By purchasing through Sustain a Bum, the client agrees to be responsible to ensure that the attributed person registered (also known as the receiver of the subscription) at the checkout receives the product at the post office within the period stated above. In the case that the product is shipped back to Sustain a Bum, the initial shipping AND the return fees will be charged to the user before any product will be shipped again.

21.6 In the case that the user would like to postpone a delivery date for any reason, the client can write an email to contact@sustainabum.com before the shipping occurs (before the 30th of the previous month to change the delivery date for the current month).

21.7 In the case that the user would like to change the delivery address for any reason, the client can write an email to contact@sustainabum.com before the shipping occurs (before the 30th of the previous month to change the delivery location for the current month).

22. Privacy and Data Protection

22.1 Our website can be used without entering personal data. Ordering any product requires opening a personal customer account.

22.2 As you browse sustainabum.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our Google Analytics and Facebook, then enables us to present you with retargeting advertising on other sites based on your previous interaction with sustainabum.com.

The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.  

22.3 Use of personal Data

22.3.1 We use the provided personal data for the execution of your inquiry and/or the transaction of your purchase order.

22.3.2 We only use anonymised data for the purpose of the market research, marketing and meeting customer demands of our website presentation.

22.4 Transfer of personal Data

22.4.1 Some personal data can be temporarily shared with third-parties for marketing purposes (email address, postal address, name, gender). Sustain a Bum will not sell any of these data, but can use third-parties to carry out marketing campaigns based upon those data. Any user can opt-out by unsubscribing from received mails and emails.

22.4.2 The operators of Sustain a Bum do not have access to the data of the selected payment method. These data are processed and stored exclusively by the external online payment providers. If the payment provider cannot charge the requested amount, either fully nor partly, or it was omitted due to a complaint, the personal data are passed on to the operators and the user will be suspended. The specific privacy policies of the external payment providers apply in any case.

23. Changes to the Terms and Conditions

All changes to the Terms and Conditions will be placed on this website and will be valid and in effect at the time of the posting.

OUR DETAILS:

Business Name: Lods Sustainability (Sustain a Bum is a project from Lods Sustainability - Sustain a Living)

Address: Rue Butini 13, 1202 Genève, Switzerland

Phone: +41 22 548 09 12

Email: contact@sustainabum.com

Registered in the canton of Geneva under the number: CH-660.0.004.015-1