Snap Commerce Terms
Effective: February 14, 2018
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, YOU AND SNAP INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Please read these Snap Commerce Terms (“Terms”) carefully. These Terms form a legally binding contract between you (or your organization) and Snap Inc. (“Snap”). Your submission of an order to purchase products from a third-party merchant (“Merchant”) via the native commerce feature in Snapchat ( “Snap Commerce”) is a “Service” as defined in the Snap Inc. Terms of Service. These Terms govern your use of Snap Commerce, and together with any Merchant sales terms (“Merchant Sales Terms”), govern any order you place through Snap Commerce.
Please print a copy of these Terms and keep them for your reference.
These Terms incorporate by reference the Snap Inc. Terms of Service so please read those carefully. Among other things, that means your use of Snap Commerce is subject to the disclaimers and limitations of liability in the Snap Inc. Terms of Service. To the extent these Terms conflict with the Snap Inc. Terms of Service, these Terms govern.
When you submit an order to buy products through Snap Commerce, you’ll need to agree to these Terms and the Merchant Sales Terms. Please consult the Merchant Sales Terms and Merchant’s return policy for details about your submission of an order, customer service, communications to you, order fulfillment, warranties, how the Merchant handles your information, and refunds, returns, exchanges, and cancellations. Merchant provides and is responsible for all information relating to the products offered by the Merchant through Snap Commerce, including the Merchant Sales Terms, Merchant’s return policy, other terms and licenses, product listings, availability, price, and shipping and returns. Please read all information provided by Merchant carefully before submitting an order. We do not endorse, sponsor, recommend, or make guarantees about any products offered for sale by Merchant, or any information or content provided by Merchant through Snap Commerce.
You affirm that you are at least 18 years old (or the age of majority where you live) and are competent and authorized to agree to and abide by these Terms. If you are under the age of majority and want to submit an order via Snap Commerce you must have your parents’ express permission.
If you are submitting an order through Snap Commerce on behalf of a business, you affirm that you are authorized to agree to these Terms on behalf of the business. You agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and the business, as applicable.
a. Orders. You order will be placed directly with the Merchant. If you have any questions or notice an error in an order you’ve submitted, please contact the Merchant directly.
b. Pricing. The Merchant is responsible for pricing and accurately representing the products it offers through Snap Commerce.
c. Shipping. The Merchant is responsible for fulfilling and shipping your orders placed through Snap Commerce. You’ll need to provide your shipping address when you submit your order. We’re not responsible for any errors in what you submit, and we are not required to determine correct shipping information if what you’ve submitted is not correct. Please carefully review the shipping address in your order before submission, and notify the Merchant of any errors or omissions as soon as possible.
d. Damaged Products. If products arrive damaged or defective, please check the Merchant Sales Terms and Merchant’s return policy for Merchant’s return policy and contact the Merchant immediately. We are not responsible or liable for any damage or defect to products purchased through Snap Commerce.
e. No Warranty. We do not warrant that any product, product specifications, or pricing are complete, accurate, current, or error-free.
a. Payment Methods. The Merchant determines which payment methods it will accept for orders submitted to it via Snap Commerce. Before you can submit your order you may be required to provide a valid payment card number and associated information for a payment card that you are authorized to use. By submitting that information you authorize Merchant and Merchant’s payment processor, as applicable, to charge your card or other payment method for the price of the products you have purchased, in addition to any taxes, fees, and charges as described in these Terms or the Merchant Sales Terms, at Merchant’s convenience, including as early as at the time you submit your order. If you are paying by payment card, Merchant or its third-party payment processor may run one or more payment card authorization checks on your card. You authorize Snap and our applicable third-party payment processor to store your payment card information. If Merchant does not receive payment from your payment card or other payment method issuer or their agent, you remain obligated and agree to pay all amounts due upon request from Merchant or its agents.
b. Cost, Fees, and Taxes. Please confirm that all details of your order are correct before submitting your order. When you submit your order, you agree to pay Merchant the cost of the products, plus applicable taxes, fees, and charges. Please refer to the Merchant Sales Terms for information on taxes relating to your order, and for information on whether the Merchant offers price protection or refunds in the event in the event of a price drop or promotional offering.
You agree to pay all fees and charges incurred in connection with your submission, at the rates in effect when the fees and charges were incurred. For example, if you purchase with a payment card issued through a bank based outside the United States, your bank may charge you foreign transaction fees and other similar fees.
c. Other Payment Terms. Your payment card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. If you elect to pay by using the services of a third-party provider made available in the purchase tool, your use of those services is subject to the third-party provider’s terms and conditions.
d. Unauthorized Amounts. YOU ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYMENT METHOD BY A THIRD-PARTY.
e. Payment Discrepancies. Merchant, not us, is responsible for resolving any discrepancies that appear on your payment card or other payment statement.
a. Communications from Merchant. Merchant may, but is not required to, send you an electronic notification confirming your purchase request using the contact information submitted by you. That confirmation may not mean the Merchant has accepted your purchase request. Please refer to the Merchant Sales Terms and Merchant’s return policy for details.
b. Communications from Us. We may send you electronic notifications about Snap Commerce and our other products or services. By submitting an order to purchase products from Merchant through Snap Commerce, you consent to receive from Snap and our affiliates the electronic communications described in these Terms.
c. Electronic Communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Merchant is responsible for cancellations, refunds, all customer service issues relating to your order, and questions about the Merchant’s products and services. Please refer to the Merchant Sales Terms and Merchant’s return policy for details relating to cancellations, refunds, and customer service issues. These Terms will continue to apply even if an order is cancelled or your relationship with a Merchant ends.
a. Your Representations and Warranties. In addition to your representations and warranties under the Snap Inc. Terms of Service, you represent and warrant that (a) all information you have provided to Snap and Merchant in connection with your order is accurate and correct; (b) you will not use any payment card or other form of payment to purchase products from a Merchant unless you have all necessary legal authorization to do so; (c) neither you, nor, if you are a business, any affiliated company, are included on any of the restricted party lists maintained by the U.S. Government -- including the Specially Designated Nationals List and Foreign Sanctions Evaders List administered by the U.S. Department of Treasury’s Office of Foreign Asset Control (“OFAC”) and the Denied Parties List, Unverified List, and Entity List maintained by the U.S. Department of Commerce’s Bureau of Industry and Security -- or by any government authority in the countries where you operate; (d) you (if you are a business) are not owned or controlled by such a restricted party; and (e) you are not resident in, located in, or organized under the laws of any country with which trade is prohibited by OFAC or other applicable sanctions.
b. Additional Representations and Warranties. If you are submitting an order on behalf of a business, you further represent and warrant that you are an authorized representative of the business with the authority to bind the business to these Terms and agree on behalf of the business to be bound by these Terms.
In addition to your indemnification obligations under the Snap Inc. Terms of Service, you agree, to the extent permitted by law, to indemnify, defend, and hold harmless Snap, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of Snap Commerce and your activities in connection with Snap Commerce; (b) your violation or alleged violation of any laws, rules, or regulations in connection with your use of Snap Commerce or your activities in connection with Snap Commerce; (c) your use of products or services provided by a third party in connection with Snap Commerce, even if recommended or approved by Snap; (d) any fraud or misrepresentation by you; or (e) any violation or alleged violation of these Terms by you, including any actual or alleged breach of your representations, warranties, and obligations.
To access Snap Commerce you may need to log in to the Snap Commerce purchase tool with your Snapchat account. You are responsible for actions taken under your account, and you may not use another Snapchat user’s account without permission. Neither Snap nor its affiliates will be liable for losses caused by any unauthorized use of your Snapchat account.
a. Claims and disputes, including statutory claims and disputes, arising between you and Merchant are governed by the Merchant Sales Terms.
b. Disputes between you and Snap are governed by the Choice of Law provision and Exclusive Venue provision of the Snap Inc. Terms of Service.
ARBITRATION NOTIFICATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, YOU AND SNAP AGREE THAT CLAIMS AND DISPUTES, INCLUDING STATUTORY CLAIMS AND DISPUTES, ARISING BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION PURSUANT TO THE ARBITRATION PROCEDURES SET FORTH IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you have submitted an order on behalf of a business, the Arbitration provision of the Snap Inc. Terms of Service will apply, except that the AAA Commercial Arbitration Rules will govern the arbitration instead of the AAA Consumer Arbitration Rules.
From time to time, we may revise these Terms. You can determine when these Terms were last revised by referring to the “Effective” date at the top. Any changes to these Terms will become effective when we post the updated Terms on our website, and will apply to any orders you submit after that time. By submitting an order to purchase goods from a Merchant through Snap Commerce after these Terms have been updated, you will be deemed to have agreed to the updated Terms. If at any time you don’t agree to any portion of these Terms, don’t submit an order.
These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by law, you waive any applicable statutory or common-law right that may permit a contract to be construed against its drafter. As used in these Terms, “including” means “including without limitation.” Snap may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of Snap. These Terms were written in English and to the extent the translated version of these Terms conflicts with the English version, the English version will control.
Snap welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting support.snapchat.com. You can also reach out to us with any complaints or feedback at the following points of contact:
Mailing address: 63 Market Street, Venice, California 90291, U.S.A.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.