Article 1. Parties to the present agreement
The Company Waterdrop Microdrinks, LLC, having its registered office at 200 S Wacker Drive
Suite 3100, Chicago, IL 60606. Hereinafter referred to as the “Seller”, on the one hand, and any natural person or business wishing to make a purchase on the Seller’s website. Hereinafter referred to as the “Buyer”, on the other hand.
It has been agreed as follows:
Article 2. Object
The Seller’s activities include the production and online sale of “microdrinks” and associated accessories and products (hereinafter referred to as the “Product”) that provide a great alternative to traditional flavoured beverages. The Buyer and the Seller agree that their relationship, as well as the access and use of the https://www.waterdrop.com/ website, shall be governed exclusively by:
- these Terms of Use (the “Terms”), to the exclusion of any other conditions. For the avoidance of doubt, these Terms shall prevail, where applicable, over any other version of these Terms, document or any other terms and conditions;
- the Privacy & Cookie Policy and
- any applicable laws and/or regulations.
The Terms of Use and the Privacy & Cookie Policy are made available to Buyers on the Seller’s Site where they are directly accessible.
The Privacy & Cookie Policy form an integral part of these General Terms of Use. The purchase of a Product on the Seller’s Site implies the Buyer’s unreserved knowledge and acceptance of these Terms.
The Buyer undertakes not to use the Site in any way which it is not intended to be used for and not to do anything, or omit to do anything, that distorts the Site or the selling of the Products online.
The Seller may amend these Terms at any time. In case of amendment, the applicable Terms are those in force on the date of the order placed by the Buyer, a dated copy of which can be provided to the Buyer at their request.
The fact that the Seller does not claim the application of a clause of the Terms or accepts its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by the Seller of its rights which derive from said clause.
The Terms were updated on the 10th of November 2020. This edition shall prevail over any other version of the terms and conditions previously in existence.
Article 3. Definitions
- Product: refers to the products on sale on the Site, within the limits of available stocks. The photographs cannot ensure a perfect similarity with the product offered.
- B2B Buyer refers to a Buyer that is a business.
- Delivery: refers to the process of sending/transferring to the Buyer the physical possession or control of the Product.
- Site: refers to the infrastructure developed by the Seller in computer formats which can be used on the Internet, including data of various kinds, and in particular texts, sounds, static or animated images, videos, databases, intended to be consulted by the Buyer to know more about the products and services and if relevant to make a purchase. The Site is available at the following URL address: https://www.waterdrop.com/.
- Internet: refers to different networks of servers located in different locations around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.
Article 4. Price
The prices of the Products offered for sale on the Site are indicated in Dollar ($), unless otherwise indicated. For the avoidance of doubt, the prices on the Site are excluding processing and Delivery costs of the Products. All orders are payable in Dollar ($).
You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on waterdrop’s net income). To the extent that waterdrop® is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you on the Site or other delivered to you with your purchased goods. All refunds are at waterdrop®’s sole discretion.
The Seller reserves the right to modify at any time the prices of the Products sold on the Site. The Seller will invoice the Buyer for the Product on the basis of the price applicable at the time the order is confirmed and subject to the availability of the Product.
The Seller undertakes to regularly check that all prices indicated on the Site are correct, but cannot guarantee that they are absolutely error-free. If an error in the price of a Product should occur, the Seller will give the Buyer the opportunity to reconfirm the purchase of the Product at the correct price or to cancel the order. In the event that the Seller is unable to contact the Buyer, the order will be considered cancelled.
Article 5. Order
The Buyer has the opportunity to browse the Site and order Products offered for sale on the Site, subject to availability. When an order is made, the contractual information is presented by the Seller in English and is confirmed by the Buyer when the order is validated. The Buyer who wishes to purchase a Product by ordering on the Site must complete an identification form on which he must provide the following information:
- Email address;
- First and last name;
- Postal address;
- Telephone number; and
- Payment information.
All personal data collected during the order will be processed in accordance with Article 15.
The Buyer with a Client Account (see Article 14) who wishes to order a Product is exempt from completing the identification form (excluding payment information) and can therefore order faster.
Article 6. Validity and validation
By placing an order on the Site, the Buyer accepts these Terms in full, without exception or reservation.
A summary of the Product ordered is communicated by the Seller to the Buyer after the order is placed at the e-mail address indicated on the Buyer’s identification form.
The summary of the Product order includes the following information:
- a summary of the Products ordered;
- the total price for the Products ordered;
- the date and time of the order;
- the date or period by which the Seller undertakes to deliver the Products;
- the Delivery costs for the delivery of the Products;
- the payment method chosen by the Buyer;
The Buyer shall promptly check the contents of the summary and immediately notify the Seller of any errors or omissions. The order confirmation is equivalent to signature and acceptance of the transaction by the Buyer and the Seller. The recorded confirmation of the order and all the data transmitted during the order are considered proof of the transaction. In the event the order was fraudulently placed, the Buyer may, as soon as this use is noticed, contact the Seller’s customer service as quickly as possible to notify the Seller of such fraudulent order. It is expressly agreed that, unless there is a manifest error on Seller’s part, the data stored in the Seller’s computer systems, under reasonable conditions of security, shall be probative with regard to orders made by the Buyer. Data in electronic or computerized form constitute valid evidence and, as such, are admissible under the same conditions and with the same probative value as any document drawn up, received or kept in writing.
The Seller undertakes to fulfil the orders placed on the Site only within the limits of the available Product stocks. If the Products are not available, the Seller undertakes to inform the Buyer as soon as reasonably possible. The Seller may refuse orders if the quantities of Products are abnormally high for Buyers who are private consumers.
Notwithstanding the above, in the case of a B2B Buyer the Seller will be free of any liability provided the delivered order matches the order confirmation sent to the B2B Buyer.
Article 7. Payment
The validation of the Products order implies for the Buyer the obligation to pay the price indicated on the order confirmation.
The Buyer must pay for their order by credit card (Debit card, Visa, Eurocard, MasterCard) or via PayPal, ApplePay or Google Pay the time the order is placed. In the case of a B2B Buyer, it may ask the Seller to pay their order via wire transfer, at the Seller’s discretion.
Subscriptions (""Subscription"")
Insofar as that waterdrop® offers this in the online shop, the following provisions apply to subscriptions (""Subscription""):
If you take out a subscription, you will receive recurring deliveries of the products you have selected. The frequency of deliveries depends on the frequency you have selected for your subscription. There is no minimum order quantity. If a certain order quantity is exceeded, you will receive a discount. The exact rules can be found in the respective FAQs on the website.
Subscription fees are generally due in advance (before the respective delivery). Delivery charges are shown in addition to the product price on the website during the ordering process and must be accepted by the customer when confirming the order. If we are unable to process your subscription order using the payment method specified by you at the time of ordering, your subscription will be canceled if no other payment method is provided after request within a reasonable period of time.
The subscription is set for an indefinite period. If you wish to cancel or change your subscription, you can do so at any time. You can do this directly in the customer portal (either via your waterdrop® Club account or via the links to the customer portal found within your order confirmation emails). A cancellation or change of subscription will take effect for the next delivery cycle. If a product in your subscription is not available on the scheduled delivery date, you will be notified by email and either have the option to wait until the product is available again, cancel or change your subscription where that product is concerned.
During the term of the subscription, waterdrop® is entitled to adjust the price of the ordered products within reasonable discretion. An adjustment can be made in response to cost increases or cost reductions which are based on external circumstances over which waterdrop® has no control (these include, in particular, changes in legislation, changes in the costs of manufacturers, suppliers, shipping service providers, external service providers or subcontractors, changes in the costs of production and licensing, as well as general and significant changes in costs due to economic inflation or deflation). You will be notified in good time via email of upcoming price changes to your subscription before the next delivery cycle. You may object to the pending price change until the expiry of the period stated in this email by canceling your subscription. Otherwise, announced price changes are deemed to have been accepted by you.
Changes to these General Terms & Conditions will be communicated by waterdrop® to subscription customers at least 30 days before they come into effect by sending the text of the contract to the e-mail address last provided by the customer. If the customer does not object to the changes within 30 days of receipt of the aforementioned announcement in writing by email to info@waterdrop.com, the changes will be deemed as accepted. In the event of the timely objection of a customer, the contractual relationship between this customer and waterdrop® shall continue in accordance with the General Terms & Conditions following the version prior to the announced change.
waterdrop® is entitled to cancel the subscription at any time for good cause, in particular in the event of fraud or misuse, repeated default of payment or discontinuation of the entire offer or of individual products or if the continuation of the subscription contract has become unreasonable due to environmental concerns.
Article 8. Availability
The Products are offered by the Seller on the Site within the limits of available stocks and their eventual shelf-life. For Products not stocked, offers are valid subject to availability. In the event of unavailability of a Product after the order has been placed and accepted, the Seller will inform the Buyer by e-mail as soon as reasonably possible. The Buyer may then cancel the order.
Article 9. Transfer of ownership
The products remain the Seller’s sole property until full payment of the price has been received by the Seller. The transfer of ownership of the ordered Product takes place at the time of the physical transfer of the Product to the Buyer, the risks of loss or damage to the Products are transferred from the Seller to the Buyer upon dispatch of the Products by the Seller.
Article 10. Delivery
The Delivery is made to the address as set out in the Buyer’s order form. The Delivery times indicated on the Site are average times. The Seller shall make every effort to comply with these deadlines. The Delivery time of the order may vary according to the Delivery method chosen by the Buyer.
The Products shall be shipped by the Seller to the Delivery address given by the Buyer during the ordering process. In the event of a delay in Delivery, an email will be sent to the Buyer to inform them of this delay and the possible consequence on the indicated Delivery time. Delivery is free within the US for all orders over $100.
After payment of an order, a tracking number for the order will be sent to the Buyer to the email address indicated. The Seller will not be responsible for any delay in Delivery due to the Buyer’s unavailability for delivery.
At the time of Product Delivery, the Buyer is required to check that:
- the number of packages delivered matches the information in the transport document and the invoice; and
- the packaging is intact, undamaged, not wet nor altered in any way, including for the materials used to close the package.
- The Buyer must immediately report any damage to the packaging and/or the Products or an error in the number of packages or non-compliance of the information in the transport document, by submitting a written control reserve on the Delivery receipt. After signing the Delivery receipt, the Buyer may not raise any dispute regarding the external appearance of the Delivery packaging.
Article 11. Rescission
The order of Products can be rescinded by the Buyer in case of:
- delivery of a Product that does not comply with the stated characteristics of the Product;
- a Price increase that is not justified by a technical modification of the Product imposed by the public authorities; or
- delivery occurs after the deadline set out in the order form or, in the absence of such a deadline, after thirty days following the acceptance of the order by the Seller.
- The order of Products can be rescinded by the Seller in case of:
- refusal of the Buyer to take the Delivery; or
- non-payment of the price at the time of order validation.
Article 12. Withdrawal
The Buyer has a withdrawal period of thirty (30) days from the date of Delivery of their order to return the Product to the Seller for exchange or refund without penalty, with the exception of the return costs, which shall be the responsibility of the Buyer.
To exercise the right of withdrawal, the Buyer must inform the Seller of wanting to exercise that right by email or by mail within thirty (30) days from the date of Delivery. The Buyer can use the following withdrawal form, however its use by the Buyer is not mandatory.
(If you want to cancel the contract, please fill out the following form and send it via to the following email: info@waterdrop.com:
I hereby give notice that I withdraw from the contract of sale of the following goods
Ordered on (*)
Name of consumer(s)
Address of consumer(s)
Date
(*) Delete as appropriate
Any return must be reported in advance to the Seller’s customer service department: by e-mail:
info@waterdrop.com
or by phone: 1 (929) 999-4799
Returns must be made in their original and complete condition (packaging, accessories, instructions) and must include the original purchase invoice. Returns must be made as soon as possible and, at the very latest, within thirty (30) days following the communication of the Buyer’s decision to withdraw from the contract. Returns are made to the following address:
Waterdrop Microdrink LLC
Cargo Partner Network, Inc.
725 center ave
Carol Stream, IL, 60188
Any damage to the Product during its return is the Buyer’s responsibility and may, at the Seller’s sole discretion, be of such a nature as to invalidate the Buyer’s right of withdrawal.
In the event of a return which satisfies the conditions set out above, the Seller will refund the Buyer the sums paid for the product, including Delivery costs, upon receipt of the returned Products.
The refund will be made using the same method of payment as the one used by the Buyer in the initial transaction, unless the Buyer expressly agrees to use another method of payment. The Seller is not obliged to refund the additional costs if the Buyer has expressly chosen a more expensive Delivery method than the standard Delivery method offered by the Seller.
The right of withdrawal granted in case of remote selling may not apply in particular to the following contracts:
- supply of goods that are likely to be deteriorated or expire quickly; or
- supply of goods which have been unsealed by the Buyer after Delivery and which cannot be returned for hygiene or health protection reasons.
- In case of a Product exchange, the shipment of the Product from the Buyer to the Seller and the reshipment of the new Product will be at the Buyer’s sole expense.
- Notwithstanding the above, in the case of a B2B Buyer, it may not withdraw their order after the order confirmation has been sent if their order has been personalized (i.e. includes non-standard products or engravings for example).
All Products available for order on the Site benefit from the legal guarantee of conformity and the guarantee against hidden defects. The Products must be returned by the Buyer in the condition in which he received them with all the elements (accessories, packaging, instructions, etc.), as well as with the invoice justifying payment. Delivery costs will be refunded to the Buyer by the Seller on the basis of the invoiced rate and return costs will be refunded to the Buyer by the Seller upon presentation of supporting documents.
The provisions of this article do not prevent the Buyer from benefiting of the withdrawal right provided by Article 12.
The Seller warrants that there are no hidden defects in the Products which make the Product unfit for the purposes for which they were intended. Any action by the Buyer against the Seller resulting from hidden defects must be brought within two years from the discovery of the defect. The Seller warrants that the goods will be in conformity with the contract and will be liable for any lack of conformity existing at the time of delivery.
No Medical or Health Advice
Due to the nature of waterdrop’s business, this site may offer health, wellness, fitness, nutritional and other related information. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your risk.
Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Article 14. Customer account
The Buyer can create a customer account that gives them access to many advantages, including: (i) order faster; and (ii) register different addresses.
To create a customer account, the Buyer must provide the following information:
- first and last name;
- e-mail address; and
- a password.
The Buyer has the possibility to create an account with their Facebook or Google account.
The Buyer with a customer account is required to log in to order Products on the Site.
In addition, in accordance with Article 15 and the Seller’s Privacy & Cookie Policy, a customer account is automatically created for any Buyer ordering Products who does not yet have a customer account. This customer account will then be essential for all future product orders.
If the account becomes inaccessible to the account holder, the account holder may report it to the Seller’s services by contacting customer service.
Article 14a. Mobile Message Service Terms
Waterdrop also operates a mobile message service to any individuals subscribing to the respective mobile message service offered on our Website. Waterdrop may modify or cancel such mobile message services or any of its features without notice. Waterdrop may also modify these mobile message service terms at any time and the Subscriber´s continued use of the mobile message services following the effective date of any such changes shall constitute the Subscriber´s acceptance of such changes.
Waterdrop does not charge for the mobile message services, but the Subscriber shall be responsible for all charges and fees associated with text messaging imposed by the Subscriber´s wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. The Subscriber´s consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If the Subscriber has opted in, the mobile message services provides shipping updates, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Waterdrop via text messages through the Subscriber´s wireless provider to the mobile number the Subscriber provided. Message frequency varies.
The Subscriber shall text the single keyword command STOP to Waterdrop to cancel at any time. The Subscriber will receive a one-time opt-out confirmation text message. For Service support or assistance, the Subscriber shall visit our help-center contact page: https://www.waterdrop.com/pages/help-center-contact
Waterdrop may change any short code or telephone number Waterdrop uses to operate the mobile message services at any time and will notify the Subscriber of these changes. The Subscriber acknowledges that any messages the Subscriber sends to a short code or telephone number Waterdrop has changed may not be received and Waterdrop will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the mobile message services are not liable for delayed or undelivered messages. The Subscriber agrees to provide Waterdrop with a valid mobile number. The Subscriber agrees to maintain accurate, complete, and up-to-date information with Waterdrop related to the Subscriber´s receipt of messages, including, without limitation, notifying Waterdrop immediately if the Subscriber changes it´s mobile number.
The Subscriber agrees to indemnify, defend, and hold Waterdrop harmless from any third-party claims, liability, damages or costs arising from the Subscriber´s use of the mobile message services or from the Subscriber providing Waterdrop with a phone number that is not the Subscriber´s own.
The Subscriber agrees that Waterdrop will not be liable for failed, delayed, or misdirected delivery of any information sent through the mobile message services, any errors in such information, and/or any action the Subscriber may or may not take in reliance on the information or mobile message services.
Article 15. Personal data
For more information on the processing of the Buyer’s personal data, the Buyer is invited to consult the Seller’s Privacy & Cookie Policy which forms an integral part of these Terms of Use.
Article 16. Cookies
When surfing on the Site, the Buyer is asked to consent to the use of persistent and non-persistent cookies by the Seller. For more information on cookies, the Buyer is invited to consult the Seller’s Privacy & Cookie Policy which forms an integral part of these Terms of Use.
Article 17. Intellectual property
All the elements of the Site, whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, shape marks, copyrights, patent and trade name in the Site, the Product or any material on the Site or of the Seller, are and remain the exclusive property of the Seller.
Unless otherwise specified, the intellectual property rights in the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller. The Seller does not grant any license or any right to the Buyer other than the right to browse the Site and place orders for Products.
The reproduction of any page or content of the Site by the Buyer or any third party is subject to prior written authorization by the Seller. The reproduction of any page, content or documents published on the Site is only authorized for the exclusive purpose of information for personal and private use, any reproduction and use of copies made for other purposes being expressly prohibited by the Seller.
- It is prohibited for a Buyer to use any trademarks, images, brand name or other intellectual property rights of the Seller for any purposes.
- It is prohibited to copy, modify, create a derivative work, reverse the design or assemblage or in any other way attempt to find the source code (except as provided by law), sell, assign, sub-license or transfer in any way any rights relating to the Site.
- It is prohibited to modify the Site or use modified versions of the Site and in particular (without this list being exhaustive) in order to obtain unauthorized access to the Site and to access the Site by any means other than through the interface provided to the Buyer by the Seller for this purpose.
The Buyer who has a personal website and who wishes to put, for personal use, a link directly to the Site on their website, must request prior written authorization from the Seller, who has the right to refuse it without specific reason.
Any unauthorized links to the Site, pursuant to clause 17.7, must be removed immediately at the Seller’s request.
Article 18. Confidentiality
The Site and any software used in connection with it may contain confidential information protected by applicable intellectual property rights or any other law.
Article 19. Liability
The Seller will not be liable for any damage resulting from misuse of the Product by the Buyer or any third party. The parties agree that the total aggregate liability of the Seller shall be the price paid by the Buyer for the order.
The nutritional composition of each Product is clearly displayed on the Site, as well as on each order and on the Products, the Seller is not responsible for any intolerances or allergies of the Buyer.
The Seller is not liable for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses. The same applies to potential hypertext links present on the Site.
The Seller will not be liable in case any non-performance of its obligations would be attributable either to: (i) the unforeseeable and insurmountable circumstance of a third party to the contract; or (ii) a case of force majeure.
Article 20. Indemnification
You agree to indemnify, defend and hold harmless waterdrop® and its affiliates and their officers, directors, employees, contractors, agents, licensors, Site providers, subcontractors, consultants, advisors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of Site and any violation of these Terms of Use and/or Privacy & Cookie Policy. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Waterdrop reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with waterdrop® in the defense of such matter.
Article 21. Force majeure
Neither party shall be liable to the other party in the event of a force majeure event, due to external causes such as industrial disputes, pandemics or epidemics, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network, without this list being exhaustive.
Article 22. Archiving and proof
The Seller archives the purchase orders and invoices on a reliable and durable storage media.
The Seller’s computerized records shall be considered by all parties involved as proof of communications, orders, payments and transactions between the parties.
Article 23. Litigation
In case of a dispute, the Buyer must first contact the Seller’s customer service department by e-mail (info@waterdrop.com) or by mail (Waterdrop Microdrinks LLC, 200 S Wacker Drive, Suite 3100, Chicago, IL 60606).
In the case of failure to resolve the complaint of via the customer service department, or in the absence of a response from the customer service department within two months of receipt of the customer service department of the complaint, the Buyer may be submit to confidential, binding arbitration in Chicago, Illinois, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof, and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Chicago, Illinois, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
The laws of the state of Illinois and the United States govern these Terms of Use and any claims arising out of or relating to use of the Sites, without giving effect to any choice of law rules. We make no representation that our Sites are appropriate, legal, or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Illinois will serve as the venue for any actions brought, or claims made, arising out of your use of our Sites.
Article 24. Duration
These Terms apply throughout the period during which the Products offered for sale by the Seller are available online.
Article 25. Invalidity
If any of the clauses of these Terms should be deemed invalid with regard to a rule in force or a court decision that has become final, it shall then be deemed unwritten, without however causing the invalidity of all the Terms or altering the validity of the other provisions thereof.
Article 26. waterdrop® CLUB
Refer friends: The number of referrals is limited to 5 referrals per month (enables your friends to save $15. Only valid for new customers and on orders over $35), any points for further referrals will expire. Under no circumstances may the individual codes and links be distributed on third-party platforms. waterdrop® reserves the right to disable customer accounts that violate this rule, as well as any points and open orders. Any accumulated points expire if no new order is placed with the respective account for one year (12 months).
Last updated: March 25th 2024
