Terms and Conditions
Last updated: May 15 2019
SodaStream USA Inc. provides services to you when you visit or shop SodaStream products at sodastream.com (“SodaStream's Website”), use SodaStream services through SodaStream's website, (collectively, "SodaStream Services"). SodaStream provides SodaStream Services subject to the following conditions.
By using SodaStream Services, you agree to these conditions. Please read them carefully.
An order placed on the SodaStream Website is an offer to SodaStream to buy the SodaStream product(s) in the order. When you place an order to purchase a product from SodaStream through SodaStream's Website, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you. Your contract is with SodaStream USA Inc. Without affecting your right of withdrawal set out in Section 2 below, you can cancel your order for a product at no cost any time before we dispatch your order.
We offer a money-back guarantee on (i) Sparkling Water Makers and (ii) Sparkling Drink Mixes, Carbonating Bottles which remain sealed in their original package. You may return such products postmarked within 30 days of date of purchase. Please keep your dated receipts for a full refund of the total cost of your ordered products plus any applicable sales tax. SodaStream does not refund initial purchase or return shipping charges. Valid on www.sodastream.com purchases ONLY.
Sparkling Water Makers purchased between November 1 and December 31 may be returned through January 31.
If you wish to make a return, please contact SodaStream Customer Support at 1-800-763-2258 or by clicking Support on the website https://support.sodastream.com/hc/en-us
Our CO2 Cylinders and accessories cannot be returned or exchanged if purchased from www.sodastream.com.
PRICING AND AVAILABLITY
All applicable state sales taxes apply based on the ship-to destination zip code. If you hold a sales tax exemption from you state’s tax authority you must submit a copy to SodaStream. You should contact SodaStream Customer Service department at 1.800.763.2258 or by clicking Support on the website https://support.sodastream.com/hc/en-us. Without proper documentation we will be unable to honor your exemption request. .
As we process your order, we will inform you by e-mail as soon as possible if any products you order are currently unavailable. If you are charged for these products and they are not able to be dispatched to you, you will be refunded within 30 days.
Please note that unless otherwise stated on the SodaStream Website, delivery estimates are not guaranteed delivery times and should not be relied upon as such.
You have the right to receive your product within a reasonable time after placing your order. Products are usually delivered within seven (7) to ten (10) business days from shipment date. SodaStream will not, however, be held responsible for any delay or failure to comply if the delay or failure arises from any cause which is beyond SodaStream's reasonable control. You will be charged once your order is placed.
When you use any SodaStream Services, or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting general notices on the SodaStream Website. 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.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, SodaStream or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the SodaStream Services. This license does not include any resale or commercial use of any aspect of the SodaStream Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any SodaStream product provided or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by SodaStream. No part of the SodaStream Website may be reproduced, duplicated, copied, or otherwise exploited for any commercial purpose without express written consent of SodaStream. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SodaStream without express written consent. You may not use any meta tags or any other "hidden text" utilizing SodaStream's name or trademarks without the express written consent of SodaStream. You may not misuse the SodaStream Services. You may use the SodaStream Services only as permitted by law. The licenses granted by SodaStream terminate if you do not comply with these Conditions of Use.
If you use SodaStream Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. SodaStream reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
SodaStream attempts to be as accurate as possible, and we do our best to make sure that product descriptions or other content of any SodaStream Service are complete, reliable, current, and error-free. If a SodaStream product purchased from the SodaStream website is not as described, you should contact SodaStream Customer Service department at 1.800.763.2258 or by clicking Support on the website https://support.sodastream.com/hc/en-us
We charge your credit card immediately upon order placement.
We do not ship to PO boxes or APO addresses or internationally. We do not ship to Puerto Rico, Alaska or Hawaii. We reserve the right to refuse any orders which are paid for by international credit cards and to refuse service to any account or individual that we believe may be utilizing fraudulent credit card details.
SodaStream partners with certain third parties that provide links to the SodaStream Services and it does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SODASTREAM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SODASTREAM SERVICES ARE PROVIDED BY SODASTREAM ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING.
SODASTREAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SODASTREAM SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SODASTREAM SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SODASTREAM SERVICES IS AT YOUR SOLE RISK.
TO THE EXTENT PERMISTTED BY LAW, SODASTREAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SODASTREAM DOES NOT WARRANT THAT THE SODASTREAM SERVICES, INFORMATION OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SODASTREAM SERVICES, SODASTREAM'S SERVERS OR SERVERS PROVIDED BY THIRD PARTY COMPANIES FOR SODASTREAM, OR ELECTRONIC COMMUNICATIONS SENT FROM SODASTREAM, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SODASTREAM WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SODASTREAM SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SODASTREAM SERVICES, THIS INCLUDES BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION BY BINDING ARBITRATION.
PLEASE READ CAREFULLY. IT AFFECTS YOUR RIGHTS.
(A). Any dispute, controversy or claim arising out of or relating to any SodaStream product including, but not limited to, claims of personal injury and/or property damage, shall be submitted to arbitration administered by the American Arbitration Association in accordance to its then existing Consumer Arbitration Rules. The AAA Rules are available online at www.adr.org, or by calling the AAA at 800.778.7879. The Federal Arbitration Act (Title 9 of the U.S. Code) shall govern the interpretation, enforcement, and proceedings relating to this arbitration.
(B). Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes.
(C). Any claim shall be brought only in the party's individual capacity, and shall not in any case be brought by the party as a plaintiff or class member in any purported class or representative proceeding.
(D). A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to SodaStream should be addressed to SodaStream's Corporate Office located at 136 Gaither Dr, Ste 200, Mount Laurel, NJ 08054 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If an agreement to resolve the claim is not reached within 30 days after the Notice is received, any party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by a party shall not be disclosed to the arbitrator.
(E). There shall be one arbitrator. The arbitrator shall have the power to rule on his or her own jurisdiction, including, but not limited to, any objections with respect to the existence, scope, or validity of the arbitration provision or to the arbitrability of any claim or counterclaim. The arbitrator's award shall be binding on all parties, and judgment upon the award may be entered by any court of competent jurisdiction.
By using any SodaStream product or SodaStream Service you agree that the substantive law of the state of Delaware and applicable federal law will govern in the event of a dispute between you and SodaStream any disputes.
MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, it shall not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
If you breach any of the Conditions of Use, and SodaStream elects not to enforces its rights against you, such a waiver by SodaStream shall NOT be deemed to be, or construed as, a further or continuing waiver of any such breach, or a waiver of any other term, covenant, or SodaStream’s rights as contained herein,
OUR CONTACT DETAILS
SodaStream's corporate address is 136 Gaither Dr, Ste 200, Mount Laurel, NJ 08054
If you have any questions about SodaStream Services or have questions about a SodaStream product, please contact SodaStream's Customer Service department at 1.800.763.2258 or by clicking Support on the website.