Terms and Conditions

Ruby Cup Purchase Terms and Conditions

Here you can find an overview of our terms and conditions. If you have questions, feel free to contact us with whatever is on your mind and we are happy to assist you: contact@ruby-cup.com
These Purchase Terms and Conditions (“Terms”) are a binding contract between Ruby Life ltd, a British corporation (“Ruby Life”), and you as a purchaser (“Purchaser”) of Ruby Cup menstrual cups (the “Product(s)”).

Packaging

Ruby Cup comes in a pink bio-degradable envelope with an address label on the front and our company name and address written in small letters on the back of the envelope. For deliveries to countries outside of the European Union (EU), the customs declaration states ‘menstrual silicone cup’ as the enclosed item. The Ruby Cup package should be small enough to fit through your letter box– which means that you do not have to be at home to receive your order. Inside the envelope you will find your Ruby cup bag or Ruby cup sister bags that each contain a Ruby Cup and instructions for use.

Price

Inside EU: If you order Ruby Cup online with delivery address inside the EU, one costs 28.95 EUR, Ruby Sister pack costs 47.95 EUR, and Ruby Sterilizer costs 10.95 EUR. These prices include VAT. Shipping and delivery costs: 4.75 EUR for orders inside EU.

Outside EU: If you order Ruby Cup online with delivery address outside the EU, one costs 28.95 EUR, Ruby Sister pack costs 47.95 EUR, and Ruby Sterilizer costs 10.95 EUR. Shipping and delivery costs: 5.95 EUR for orders outside EU. We do not take responsibility for local duties and taxes that may be applied in the country of destination.

Security & Privacy

Your payments are handled through 1) Paypal that adhere to the global Payment Card Industry (PCI) Data Security Standard (DSS) developed by the international card networks Visa and Mastercard. 2) Stripe that is a level 1 PCI certified service provider, the most stringent level of certification available. Both Stripe and Paypal has the purpose to deliver high quality payment systems with the best security and gives both customers ultimate data security as well as all other actors involved that are handling, transporting and storing your card information. At Ruby Life, we do not store credit card details nor do we share customer details with any 3rd parties.

Delivery Times and Carrier

When your order payment has gone through, your order will be sent within the following 2 working days. Orders within EU are sent through Royal Mail International. You should receive your package within a period of maximum 14 working days but usually you will receive it within a period of 5 days. Orders outside the EU are sent through Royal Mail Airsure and can take up to 14-21 working days but usually you will receive your package in 10 days.

Shipments

Shipments are INCOTERMS (2010) FCA. Purchaser assumes title and bears risk of loss upon Ruby Life’s delivery to carrier. Ruby Life shall not be liable for late or incomplete delivery.

Inspection of Product

Purchaser shall promptly inspect the Product upon its arrival at the place of delivery and shall notify Ruby Life, within three business days, if Purchaser finds any nonconformity or defect in the Product. Upon the expiration of such three business day period with no written notice of rejection, Purchaser shall be deemed to have fully and completely accepted the Product in its entirety. Purchaser acknowledges that this right of inspection satisfies statutory, civil or common law rights of inspection under applicable law.

Taxes and VAT

Prices are inclusive of VAT if delivery address is within the EU. If delivery address is outside EU, purchaser will be responsible for paying VAT. Purchaser shall report and pay all national/federal, regional/state, and local taxes, including any sales and value added taxes (excluding only those taxes based on net income derived by Ruby Life), as well as any customs fees or duties, designated, levied, or based upon import, the purchase price, or otherwise with respect to the Product. Ruby Life may collect from Purchaser and pay any fees, duties, charges and taxes with respect to sales of the Product made hereunder to the extent Ruby Life is obligated by law to do so.

Return Policy

Products may be returned only if within 30 days of shipment by Ruby Life. Credit will only be given to returns that are shipped delivery prepaid and that arrive at Ruby Life in re-saleable condition (except for returns of defective Product as determined by Ruby Life). Only those Products that have never been used are eligible for return.
Limited Warranties and Disclaimer
Ruby Life sells the Products on an “AS IS” basis, which may not be free of errors or defects, and, to the fullest extent permitted under applicable law, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, WORKMANLIKE EFFORT, CORRESPONDENCE TO DESCRIPTION, DESIGN, TITLE OR NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE PRACTICE, ARE HEREBY DISCLAIMED.
Limitation of Liability; Exclusion of Consequential Damages
Notwithstanding any other provision of these Terms, to the fullest extent permitted under applicable law, Ruby Life’s maximum aggregate liability for all claims, liabilities or obligations arising under or relating to these Terms or the Products, regardless of the theory of liability, will in no event exceed all amounts paid by Purchaser to Ruby Life under for the particular Product(s) giving rise to the claim, if any. In no event will Ruby Life be liable for any indirect, punitive, special, incidental, exemplary, or consequential damages in connection with, related to or arising out of these Terms or the Products (including interruption of business, loss of profits, loss of revenue, loss of use, loss of consortium, or other economic or social advantage), regardless of the theory of liability, even if Ruby Life has been previously advised of the possibility of such damages. Liability for damages shall be so limited and excluded, regardless of the validity or efficacy of any remedy and even if any remedy fails of its essential purpose.

Proper Use

Purchaser agrees to properly clean and maintain the Products (including submerging the Products in boiling water for at least five minutes once every month, prior to menstruation). Ruby Life shall have no liability for any injuries or damages to persons or property resulting from incorrect or improper use or cleaning (or failure to perform regular cleaning) of the Products.

Force Majeure

Ruby Life shall not be responsible for delays or failures in its performance resulting from acts or omissions beyond its reasonable control, whatever the source or cause.

Governing Law

These Terms and all related disputes between the parties shall be governed by and construed in accordance with the laws of the United Kingdom without regard to any jurisdiction’s conflict of law provisions.

Arbitration

Any disputes between the parties or claims brought by one of the parties arising out of or related to these Terms or the Products (including tort as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) shall be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) in effect at the time of arbitration except as inconsistent with this section.The arbitration shall be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings shall be held in London, UK. The arbitrator shall apply the law specified in section 9 above. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept confidential. Except as required by law, no party shall make any public announcements with respect to the proceeding or the award, except as required to enforce same. The parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. All claims between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers’ fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.

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Integration; Amendments

Any terms or conditions contained in any Purchase Order, acknowledgment, or other communication of Purchaser which are inconsistent with these Terms are hereby rejected. These Terms constitute the parties’ total and exclusive agreement. Any waiver, modification or amendment of any provision of these Terms will be effective only if in a writing signed by duly authorized representatives of both parties.