Terms & Conditions
1.0. Overview
The Website is operated by American Play LLC EIN: 99-2968094. Access to and use of the Website, or any of its associated Products or Services, is provided by American Play LLC. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
The following is essential information about the rights and responsibilities of both the seller and the customer. All parties agree to these terms in business with Vuly.
‘Vuly’, when used in these Terms & Conditions, refers to all organisations under the control of American Play LLC. Vuly reserves the right to amend or delete the following Terms & Conditions at any time.
Vuly reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Vuly updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2.0. Agreement
Your interaction with constitutes your agreement to follow these Terms & Use of our services constitutes acceptance of the Terms and Conditions, you indicate that you will comply with its regulations.
If you do not agree to comply with the regulations, please refrain from purchasing products from the company. Vuly will take appropriate and considered action to uphold the Terms & Conditions.
3.0. Privacy Policy
Vuly is committed to providing you with superior customer service, which includes the highest protection of your privacy. Vuly is bound by The Privacy Act of 1974, as amended to present, including Statutory Notes (5 U.S.C. 552a) ("Privacy Act"), which sets out several principles concerning the protection of your personal information.
You acknowledge by inputting your personal information into our system that you may receive marketing material, calls and emails from our Company in relation to our products and services. Our Privacy Policy document outlines the types of personal information that Vuly collects via this website and how it is used. You can find our policy by clicking on this link: https://www.vulyplay.com/en-US/privacy
4.0. Conditions of sale
The following conditions of sale (“Conditions”) will apply to and bind you as the purchaser of any Vuly consumer product within the United States.
All transactions are processed in US Dollars (USD). By using the website to purchase the Product, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
Payment of the Purchase Price may be made through (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
NOTICE TO USER:
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOUR PURCHASES. BY PURCHASING A VULY PRODUCT, OPENING, ASSEMBLING, OR USING THE VULY PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS CONDITIONS. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AS THEIR AGENT.
LEGAL RIGHTS – PLEASE READ:
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS.
AMERICAN PLAY LLC EIN 99-2968094, including its employees, directors, and agents (collectively “Vuly”) as supplier of trampolines and accessories (“Product”), sells all Product subject to the following conditions:
Vuly is not liable to you the customer, your dependents, or legal representatives (collectively “You” or “Your”) for personal injury or death suffered by You because:
(a) The Product was not installed in accordance with the Vuly instruction manual. It is Your responsibility to check all boxes and confirm all components are included and in the correct condition before installation takes place.
(b) To the extent the injury or death was caused by the Product being installed without due care and skill, contrary to Vuly’s written instructions or contrary to applicable safety requirements by You or an installer independently selected and engaged by You. This paragraph does not apply merely because installation was performed by an installation provider arranged by Vuly for Your order.
(c) The Product was not in the same condition as when the Product was supplied, due to wear and tear, including but not limited to, weather damage, deterioration of the net, spring stretch, UV deterioration, and/or rust.
AUTHORIZED USE OF PRODUCT. Your Product is designed exclusively for private residential outdoor use unless otherwise stated. You agree to: • Read and follow all manuals, warning labels, and safety instructions; • Install and maintain the Product as instructed; • Provide active adult supervision at all times during use; • Use the Product only for its intended recreational purpose; and • Ensure users comply with all posted safety requirements (e.g., age, weight, occupancy, etc.). Failure to follow instructions increases risk of injury.
SAFETY COMPLIANCE REQUIREMENT. You agree to install and use the Product only after reviewing: • All warning labels; • Assembly and installation instructions; • Safety notices provided on the Vuly U.S. website; • Recommended use-zone and surfacing guidelines; and • Regular inspection and maintenance instructions. Failure to comply may void warranty coverage to the extent permitted by law.
CUSTOMER RESPONSIBILITIES. You must supervise all users of the Product and ensure any user follows all applicable safety guidelines. You must adhere to all product maintenance recommendations, and inspect the Products before each use. Vuly directs You to our website for Maintenance, Safe Installation and Safe Use Videos: www.vulyplay.com/safetytips.
RISK WARNING. USE OF THE PRODUCT INVOLVES A SIGNIFICANT RISK OF A PARTICIPANT SUFFERING PERSONAL INJURY, INCLUDING THE POSSIBILITY OF SERIOUS INJURIES, PERMANENT DISABILITY, OR DEATH. THESE RISKS CAN BE REDUCED BY FOLLOWING ALL SAFETY INSTRUCTIONS, WARNINGS, SUPERVISION REQUIREMENTS, INSTALLATION GUIDELINES, AND INSPECTION PROCEDURES. IT IS IMPERATIVE THAT YOU TAKE PROPER PRECAUTIONS PROVIDED IN THESE RESOURCES AND DO NOT IGNORE THEM.
ASSUMPTION OF GENERAL RISKS. YOU ACKNOWLEDGE THAT USING THE PRODUCT CAN BE DANGEROUS WITH MANY INHERENT RISKS AND HAZARDS, AND AS A CONSEQUENCE, PERSONAL INJURY AND SOMETIMES DEATH MAY OCCUR. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME AND ACCEPT ALL SUCH RISKS, AND WAIVE THE RIGHT OF ACTION AGAINST AND FULLY RELEASE VULY FOR LOSS, DAMAGES, PERSONAL INJURY, OR DEATH IN ANY WAY WHATSOEVER CAUSED BY OR RELATING TO YOUR PARTICIPATION IN SUCH ACTIVITIES, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY NEGLIGENT OR TORTUOUS ACTS OR OMISSION, BREACH OF DUTY, BREACH OF CONTRACT, OR BREACH OF STATUTORY DUTY ON THE PART OF VULY.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VULY IS NOT LIABLE FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE PURCHASE OR USE OF THE PRODUCT. VULY’S TOTAL LIABILITY SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE PRODUCT. NOTHING IN THESE CONDITIONS OF SALE LIMITS OR EXCLUDES LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY AN ALLEGED PRODUCT DEFECT OR FOR PERSONAL INJURY WHERE SUCH LIMITATION IS PROHIBITED BY STATE LAW.
LIMITED WARRANTY. Vuly Products sold in the United States are covered by Vuly’s U.S. Limited Warranty, available on its website and provided with the Product. The Limited Warranty covers defects in materials and workmanship for the stated period, applies only to residential outdoor use, contains limitations on implied warranties as permitted by federal and state law, contains limitations on incidental and consequential damages, and provides additional rights that vary by state.
NO WAIVER OF CONSUMER RIGHTS. Nothing in these Conditions is intended to waive any rights that cannot legally be disclaimed pursuant to applicable laws in Your state, including those under federal or state consumer-protection laws, any implied warranty, any right to pursue product-defect or personal-injury claims, or any rights of minors.
WEBSITE AND PRODUCT INFORMATION. Specifications, safety instructions, videos, photographs, installation guides, and product features on Vuly’s website are subject to change without notice.
SEVERABILITY. If any portion of these Conditions is found unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
WEATHER WARNING:
Our products are susceptible to environmental conditions and bad weather. Ensure you do not use your product in inclement weather and take proper precautions. Products can move or lift in strong wind conditions and inclement weather. Ensure that the trampoline is sufficiently stable, sandbags or pegs may be suitable anchorage devices. If your product will be unused for any extended period, disassemble it, return it to its original packaging and store it in a dry place. See your product manual for further information.
Snow and Extreme Weather Warning: Store your Vuly trampoline, swing set or monkey bar set indoors to protect from damage during snow or extreme weather. If you must leave product outdoors, remove the shade cover from top. In heavy snow conditions, continually remove snow build up from the frame.
5.0. Title and risk
Title to, and ownership of, any product ordered from Vuly passes to the customer only when:
- - The customer pays all amounts due for the product – Including delivery and other charges; and
- - Vuly receives these payments in full; and
- - When the customer takes final delivery of the items.
Risk in any product passes to the customer when the product is dispatched from the Vuly warehouse (or otherwise leaves the possession or control of Vuly) in accordance with the customer’s instructions, regardless of the method of delivery. Alternatively, in the absence of delivery instructions from the customer, Vuly notifies the customer – in writing – that the product is available for collection from the location specified in that notice.
6.0. Delivery
Products may be delivered through the general (non-express) service of an independent delivery carrier to all residential and business addresses within the mainland of the United States. Our independent delivery carriers do not deliver orders to Alaska, Hawaii and other states/territories that are off the mainland of the United States including all other offshore insular areas, such as the U.S. territories of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.After dispatch from the depot, delivery is covered under the Terms & Conditions of the independent carrier and not the Terms & Conditions of Vuly.
Vuly will endeavour to provide timely delivery of ordered products within these timeframes; however, estimated delivery times cannot be guaranteed and are a guide only. Vuly will also not ship ‘express’, as this service is unavailable for our products.
All times given are estimates only. Vuly bears no responsibility if these times are inaccurate for specific deliveries. Delivery times are calculated from the date that the order leaves the depot to the date the order arrives at the customer’s delivery address.
By placing your order with Vuly you consent to having the courier leave your order at your address if you are not at home at the time of delivery. This is required due to the complexities with re-delivering goods. To request that your order is not left unattended if you are not home, please call us on to make an exception.
6.1. Delivery delays
If a customer's order has been delayed in transit, Vuly requires up to 2 weeks to allow for both Vuly and the freight company to investigate the issue and report back to the customer. If the investigation reveals that the customer's order has been lost in transit by the courier, Vuly will dispatch the customer's order a second time at no cost to the customer.
7.0. Price and Payment
Prices are always displayed in USD currency and you must pay in the currency in which the Product price is quoted. Payment is required in full before the Product is shipped. Payment may be made by credit card, debit card, or any other payment method provided at checkout. Vuly may introduce any such payment method at their discretion. Vuly reserve the right to accept or refuse any payment made in any form.
Vuly will endeavour to not charge customers for any Order which cannot be fulfilled and where appropriate will issue refunds. Vuly cannot guarantee that a particular product will always be available.
8.0. Product registration
To lodge a Warranty Claim, customers must ensure that their Vuly product is registered with Vuly.
If the customer purchases their Vuly product directly through Vuly (its website or over the phone to one of its sales representatives), their product will be registered automatically.
If the customer purchases through an authorised reseller, they must register their product by visiting www.vulyplay.us/support and completing the form – with a proof of purchase.
9.0. Warranty
All Vuly products are sold with a manufacturing warranty, which assures that the item is free of defects in workmanship and materials (“warranty”).
9.1. Warranty periods
Warranty periods always commence from the date the items are sent to the customer.
Warranty periods on Vuly products do not reset for any reason, unless the customer purchases an entirely new product. In this case, that particular product will be covered by its own warranty period. It does not affect – nor will it increase – warranty periods for other purchased items.
Replacing any parts that constitute a product do not change the original warranty period of that product.
9.1.1 Models from 01/12/2008 - Present
This warranty is for use under normal conditions, and it applies for:
Trampolines (Vuly/Lift series and Thunder series)
- 120 months [10 years] to the Frame Tubes and Joiner Poles.
- 60 months [5 years] to the Springs (excluding Leaf Springs), and discrete Jump Mat (excluding the print).
- 24 months [2 years] to the Trampoline Shade Cover.
- 12 months [1 year] to all other parts of a purchased trampoline – e.g. Safety Padding, Safety Net (including the Jump Mat in models that combine the Jump Mat and Safety Net - e.g. Thunder 1.0 and Thunder Summer), Net Poles and Leaf Springs.
Trampolines (Ultra series)
- 60 months [5 years] to the Frame Tubes, Joiner Poles, Springs, and Jump Mat (excluding the print).
- 24 months [2 years] to the Trampoline Shade Cover.
- 12 months [1 year] to all other parts of a purchased trampoline – e.g. Safety Padding, Safety Net and Net Poles.
Trampolines (Flare series)
- 36 months [3 years] to the Frame Tubes, Joiner Poles, Springs, and Jump Mat (excluding the print).
- 12 months [1 year] to the Trampoline Shade Cover.
- 12 months [1 year] to all other parts of a purchased trampoline – e.g. Safety Padding, Safety Net and Net Poles.
Play Sets and Swing Sets
- 120 months [10 years] to all Frame components.
- 24 months [2 years] to all Swing components.
- 24 months [2 years] to all Cubby House Shade Covers.
- 12 months [1 year] to all Swing Set Shade Covers.
Monkey Bars
- 84 months [7 years] to all Frame components.
- 24 months [2 years] to all Swing components.
- 12 months [1 year] to all Shade Covers.
- 12 months [1 year] to all accessories.
Basketball Systems (portable and in-ground)
- 84 months [7 years] to all steel components.
- 36 months [3 years] to all plastic and material components.
Accessories for products
- 24 months [2 years] for all swings included with, or purchased separately to, swing sets or play sets.
- 12 months [1 year] to purchased accessories – e.g. Mister, Deck, Soccer Goal.
The customer may extend the standard 12-month [1 year] warranty to 36 months [3 years], if they purchase an extended warranty within 7 days of their delivery date. No extended warranty is available on standard warranties that are over or under 12 months [1 year].
9.2. Inclusions
This warranty covers manufacturing faults and defects only.
If a product is damaged or rendered unsafe as a result of a departure from its design specifications during production, this constitutes a manufacturing fault or defect.
This may occur if – for example – use of incorrect textiles during manufacturing causes a Safety Net to disintegrate, or if improper welding produces an unstable Frame.
9.3. Exclusions
9.3.1. Damage through wear and tear
This warranty does not extend to normal wear and tear of the product. This may include, but is not limited to:
- Rusting of steel components,
- UV deterioration of textile components,
- Stretching of springs.
As outdoor products that are actively used, these products and their accessories will experience wear and tear over time.
9.3.2. Damage through weather conditions
Damage to the product that results from weather events – such as rain or wind – are not covered under the warranty. Vuly suggests that you contact your home and contents insurer if your product is damaged by such events.
In certain climates during the winter period, the snow load and the very low temperature can damage the product. It is strongly recommended to disassemble your trampoline mat, net enclosure and product shade cover and store indoors; checking that the mat, padding and enclosure and shade cover are without defects. Ensure to remove any snow from the products and the shade cover. Note: Sunlight, rain, snow and extreme temperatures reduce the strength of components over time.
9.3.3. Damage through improper installation
This Warranty does not cover Product failure or damage to the extent caused by installation that was not performed in accordance with the applicable Vuly Manual or written installation instructions.
If the customer independently selects and engages an installer, Vuly is not responsible under this Warranty for Product failure or damage caused by that installer’s acts or omissions.
This exclusion does not apply merely because installation was performed by an installation provider arranged by Vuly for the customer’s order. Concerns regarding a Vuly-arranged installation service will be assessed separately under section 9.3.9 and applicable law.
The customer must, before installation begins, check that all boxes have been received and notify Vuly of any visibly missing or damaged components.
9.3.4. Damage through insufficient care or maintenance
This warranty does not extend to accelerated decay of the product caused by poor care or maintenance. It is essential that customers regularly check, and follow the advice of, the Care and Maintenance sections of their Vuly Manual to ensure that their product lasts as long as possible.
9.3.5. Damage through inappropriate use
This warranty will be void if the product is used for any other activity besides those for which it was intended. Vuly products constitute products and accessories for such products. They are not intended for use as professional, gymnastics trampolines, springboards, etc.
The warranty will also be void if any non-Vuly components or accessories are used with the product – such as third-party swings or Shade Covers.
Any evidence that inappropriate actions that have led to product failure will not be covered by the warranty. Similarly, replacement parts or repairs needed to mend such damage will not be covered under the warranty.
9.3.6. Damage through salt water body proximity
This warranty (on steel components, specifically) will be reduced by 50% where the Vuly product is assembled within 1.6 km of a salt water environment or where it is subject to ocean spray as determined by the presence of salt crystallised on the product.
9.3.7. Damage through commercial use
Vuly products are intended for domestic or personal use only. Use of any Vuly product for commercial purposes - including, but not limited to, use in play centres, community organisations, schools and amusement parks - will void the product's listed warranty period. Vuly reserves the right to reject a Warranty Claim on the basis of suspected overuse in a commercial setting.
9.3.8. Personal injury
This Warranty provides the Product remedies described in this section 9. It does not determine or limit any claim concerning personal injury, death or other loss. Any such claim is subject to section 4, applicable law and any rights that cannot lawfully be excluded or limited.
9.3.9. Installation
This Warranty covers the Product and does not itself provide a warranty for installation services.
If installation is purchased from or arranged by Vuly at the time of purchase, it is a one-time service and may be performed by an independent installation provider engaged by Vuly. Any concern regarding that installation must be reported to Vuly promptly after it is identified.
If Vuly supplies a replacement part or Product under this Warranty, the customer is responsible for removal and reinstallation costs, except to the extent:
(a) those costs resulted from an act or omission of an installation provider arranged by Vuly for the original order; or (b) Vuly is required to bear those costs under applicable law.
If the customer independently selects and engages an installer, Vuly is not responsible for that installer’s acts or omissions.
Nothing in this section excludes or limits any right, remedy or liability that cannot lawfully be excluded or limited.
9.4. Warranty Claims
If a customer believes that a Vuly product is faulty or defective, they must discontinue use and submit a Warranty Claim.
A customer must not attempt to use a product if any part is faulty or defective. Any damage that the user causes as a result of using faulty or defective products will lead to voiding of the warranty.
9.4.1. Making a Warranty Claim
To fulfil a warranty claim, a customer must submit an online Warranty Claim at www.vulyplay.us/support.
Submitting the online Warranty Claim form requires the customer to provide:
- Details of their purchase – including date,
- Batch number,
- Clear photographic evidence of the manufacturing fault or defect.
If the customer does not provide all details that the form requires, their Warranty Claim will not be assessed.
Vuly endeavours to resolve all warranty claims as quickly as possible, however, we cannot be held responsible for any delays in the processing of your warranty claim
9.4.2.Successful Warranty Claims
If Vuly accepts a customer’s Warranty Claim, Vuly will replace the faulty or defective parts, not offer refunds.
Successful Warranty Claims: Vuly will replace the damaged parts free of charge. Shipping Cost will apply to all approved warranty claims that are 60 days past the purchase date.
9.4.3. Refunds
If Vuly accepts a customer's Warranty Claim, Vuly will replace the faulty or defective parts or, depending on the severity of the issue, provide a refund. Where a refund is approved, it will be issued to the original form of payment or as Vuly store credit (as determined by Vuly, unless otherwise required by law).
Refunds are typically processed within 7 days of approval. This timeframe is provided in good faith and may vary; Vuly will not be liable for delays outside our control, including processing times by your payment provider.
9.5. Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Uniform Commercial Code (“UCC”).
. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
10.0. Missing parts
If a customer believes that a Vuly product does not include all necessary parts or they are missing a part of the delivery, they must contact us immediately. It is the customer's duty to check they have all the relevant parts when the item is delivered.
If our couriers tracking states all parts are delivered and you do not contact us within 3 months from delivery date, Vuly will not approve a miss delivery claim.
A customer must not attempt to use a product if any part is incomplete. Any damage that the user causes as a result of using incomplete products will lead to voiding of the warranty.
11.0. Order cancellations
11.1. If a customer wishes to cancel their order - cancellation fees may apply in the following cases -
- If an order has not been dispatched, a cancellation fee of $10 for orders of accessories or replacement parts; or $20 for orders of a full product may apply at the discretion of Vuly
- If an order has been prepared for dispatch/and or dispatched the customer may incur a non-refundable restocking fee and be responsible for covering any return freight fees.
- In any other circumstances Vuly see fit.
11.2. Restocking fees:
- $25 for orders of accessories or replacement parts;
- $75 for orders of a full trampoline, cubby house, swing set, play set or basketball system.
12.0. Order returns
The customer may return their received order for a refund for ‘change of mind’ within 30 days of their order date. Returns for change of mind orders will only be accepted if the return products are in unopened boxes. Cutting the encasing plastic constitutes opening the box. Once a box is opened, or the encasing plastic has been cut, Vuly cannot verify if all parts are present. Customers must bear the full cost of return shipping charges. There is a $75 restocking fee for large order and $25 for accessory only orders. If a customer is returning their order, this must be booked by Vuly with a courier to collect and return the order. Vuly operates out of a 3PL warehouse and cannot accept returns directly from customers due to workplace health and safety requirements.
13.0. Media
Vuly attempts to provide the most accurate and updated information in the content of its website, catalogues and other promotional material.
13.1. Product portrayals
The appearance of the product that the customer receives may differ from those portrayed in promotional material due to subtle product updates or the colour settings of the customer’s computer.
13.2. Product pricing
Prices displayed on the Vuly website, in promotional material or provided by Vuly staff are subject to change at any time and subject to the discretion of the appropriate parties.
While Vuly will attempt to raise attention to future price changes, prices may change between inquiries and point of sale. Furthermore, prices depicted on invoices or quotes, provided either digitally or in print, are valid for 7 days – except prices marked as arising from a “sale” or “discount” for a specified period. These quotes or invoices are valid only for the day that they are provided.
13.3. Promotions
Promotions are subject to change at any time, due to stock availability. Promotions provided on the website or in print material do not constitute a binding agreement. Only promotions valid at the point of purchase can be considered binding.
Vuly reserves the right to deem a promotion as invalid at any time without providing notice to customers. Clerical errors in computation, typing or otherwise of any catalogue, quotation, offer or invoice of Vuly will be subject to correction without requiring customers be provided notice. If an error has occurred with a invalid promotion, all orders made under that promotion are deemed null and void. In the event that a promotion is deemed invalid, the promotion will be updated and customers shall no longer be able to purchase under the previously advertised price.
13.4. Intellectual Property
The Vuly website, products and all other contents, features, and functionality (including but not limited to text, images, videos, software and the design arrangement thereof) are owned by Vuly and it’s related entities and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws.
These terms and conditions grant you a personal, non-exclusive, non -transferable, revocable licence to access and use the Vuly website and products. You must not reproduce, distribute, modify, create derivative works of, publicly display/perform, store or transmit any material from our website or physical products, except as incidentals as part of general software, social media, linking and other platform expressly enabled.
All logos, images and text regarding Vuly products, print material and website are copyright Vuly Play Group 2008+. All trademarks are ® trademarks. Unless specific written permission is obtained from the appropriate parties, these trademarks or logos should not be appropriated by third parties in any way.
DMCA & Copyright Takedown Notice:
We respect the intellectual property rights of others and comply with the provisions of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512). If you believe that any image, video, text, or other content on this website infringes your copyright, please submit a written notification to our designated copyright contact at legal@vulyplay.com. Your notice must include: (a) a physical or electronic signature of the copyright holder or authorized representative; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and its location on our site; (d) your contact information; (e) a statement that you have a good-faith belief that the use is unauthorized; and (f) a statement under penalty of perjury that the information in the notice is accurate. Upon receipt of a valid DMCA notice, we will act promptly to remove or disable access to the infringing content.
14.0. Affiliates
Affiliates
14.1 Referrals and qualifying sales
An affiliate may promote Vuly products through its approved website, email, blog and social media channels using the unique tracking link issued by Vuly. A customer who clicks that link and places an order on Vuly’s US website within 60 days may be attributed to the affiliate, subject to the tracking information available to Vuly and correction of any demonstrable error.
An attributed order becomes a qualifying sale when it has been paid in full and dispatched or collected. Use of an affiliate promotional code without a qualifying referral through the affiliate’s tracking link does not, by itself, earn commission.
14.2 Promotional codes
A promotional code issued to an affiliate is valid for no more than three calendar months from its issue date. Vuly will confirm the code, its issue date, expiry date and applicable customer offer when issuing it. The affiliate must remove or update an expired offer on channels it controls.
A replacement code is not issued automatically. If the affiliate requests a new code by email, Vuly will offer a new code for a further period of up to three calendar months, provided the affiliate remains active and complies with the applicable affiliate terms. Vuly will confirm the replacement code and its expiry date by email.
The affiliate must not submit, publish or knowingly permit its code or tracking link to appear on a coupon, voucher, deal aggregation, cashback, browser extension or code-sharing site without Vuly’s prior written approval. If the affiliate becomes aware of an unauthorised listing, it must promptly notify Vuly and take reasonable steps within its control to have the listing removed. Ordinary search indexing of genuine promotional content on an approved channel is not, by itself, a breach. Vuly may promptly disable a compromised code to prevent further misuse and will notify the affiliate.
14.3 Commission
Commission is calculated at the rate agreed with the affiliate on the amount Vuly actually receives for products in a qualifying sale, after discounts and excluding sales taxes, delivery charges, surcharges, installation and other services. Commission is not payable on:
- orders placed by the affiliate for itself;
- wholesale or reseller orders;
- warranty claims, replacement items or spare parts supplied without charge;
- cancelled, fraudulent, unpaid or charged-back orders; or
- amounts refunded to the customer.
If commission has already been paid on an amount later refunded or charged back, Vuly may deduct the corresponding commission from a future payment, with details provided to the affiliate.
Vuly will calculate commission by reference to the calendar month in which an order becomes a qualifying sale. Subject to the affiliate providing valid payment and required tax details, Vuly will pay undisputed commission within the first five business days after the end of the second calendar month following that month. For example, commission on qualifying sales in January is payable within the first five business days of April. Vuly may pay earlier, including in late March. A business day is a day on which banks are open in Los Angeles, California.
The affiliate may view available tracking and commission information through Vuly’s affiliate portal. If payment cannot be made because the affiliate has not provided valid payment or tax details, Vuly will notify the affiliate and hold the amount pending receipt of those details. Suspension or termination of an affiliate account does not forfeit undisputed commission already earned on qualifying sales.
14.4 Promotional conduct
The affiliate must clearly disclose its commercial relationship with Vuly when endorsing Vuly products. Its promotions must be accurate, comply with applicable law and platform rules, and must not make unapproved claims about product safety, certifications, performance, prices or warranties. The affiliate is responsible for ensuring that its marketing emails and text messages comply with applicable consent, sender identification and opt-out requirements.
14.5 Suspension, deactivation and changes
If Vuly reasonably suspects fraud, misuse of a link or code, unlawful promotion or a misleading product claim, it may promptly suspend the affected link, code or account while it investigates and will notify the affiliate of the reason. For a breach capable of remedy, Vuly will give the affiliate seven days after written notice to remedy it before terminating its participation, unless immediate action is reasonably required to prevent continuing harm.
If an affiliate has not generated a qualifying sale for 12 months, Vuly may deactivate its affiliate status on seven days’ written notice. Deactivation does not affect commission already earned.
Vuly may change these affiliate terms on at least 30 days’ prior written notice. Changes apply prospectively and do not reduce commission already earned. If Vuly and an affiliate have signed a separate affiliate agreement, that agreement prevails over these website terms to the extent of any inconsistency.
15.0 Third Party Websites
This website may contain hyperlinks to websites operated by third parties. You accept that Vuly has no control over, and is not responsible, for any material contained on any third-party websites. Links to third-party websites are provided for your convenience and do not constitute an endorsement of that third party, or any products or services referred to on their site unless expressly stated otherwise.
16.0 Governing Law
The Agreement and any dispute, claim, or controversy arising out of or relating to the Product, its purchase, or its use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to conflict-of-laws principles that would result in the application of the laws of any other jurisdiction. However, if the laws of Your state of residence provide mandatory consumer-protection rights that cannot be waived by contract, those mandatory rights remain applicable and are not displaced by this governing-law clause. This governing-law provision does not limit or exclude any rights that cannot be waived under applicable state consumer-protection laws, override mandatory warranty rights provided by the state where You reside, or apply to personal-injury, wrongful-death, or property-damage claims arising from alleged defects of the Product.