TERMS AND CONDITIONS

TERMS OF SERVICE

 

Please Read the following Terms of Service and Disclaimers carefully before using this Web Site. Please review these Terms and Conditions. Your use of this web site (“Site”), including the purchase of merchandise or beverage products, constitutes your acceptance of the following terms and conditions. 



Acceptance of Terms



This Site is operated by PepsiCo, Inc. ("DEW Store"). By using this Site, you agree to be legally bound by these Terms and Conditions and this SitePrivacy Policy.  If you do NOT agree to these Terms of Service, please do NOT use this site. The DEW® Store reserves the right to change the terms of these Terms and Conditions or to change, modify or otherwise alter any features of this Site at any time and for any purpose without notice. You should visit this page regularly and review these Terms and Conditions for the current terms, since your continued access or use of the Site will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. This site is intended for and applicable only for individuals who are legal residents of the US currently residing in one of the fifty (50) United States or the District of Columbia and at least 18 years of age or older.   If you are not a legal resident of the US currently residing in the one of the fifty (50) United States or District of Columbia and 18 years of age or older, please stop and discontinue your use of this website.  

 

Your Use of Site

 

All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) is the exclusive property of and owned by PepsiCo, Inc., its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited. DEW Store or its licensors or content providers retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in DEW Stores sole discretion. DEW Store neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with DEW Store.

 

As a condition of your use of the site, you will not use the site for any purpose that is unlawful or prohibited by these Terms of Service or any applicable laws.

 

From time to time, DEW Store may ask that you transmit to the Site by electronic mail your feedback on the Site or on the products that are offered for sale. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by DEW Store, (b) become the property of DEW Store and DEW Store shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by DEW Store, its agents, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, DEW Store shall be under no obligation to respond to any such communication.  We ask that you not send us any Comments that you do not wish to assign to us.

 

Registration

 

We are pleased to offer free UPS SurePost Shipping Service on merchandise orders over $10 USD  to all registered members of DEW® Nation HQ, the free Mountain Dew® Membership Platform. You can complete your registration by heading to shop.mountaindew.com and clicking “Sign Up Now” in the Free Shipping section of the homepage, or by signing up at dewnationhq.mountaindew.com. Please note that MTN DEW beverage products are not eligible for free shipping. 

 

If you do not wish to sign up for DEW Nation HQ during checkout, you will have the option to checkout as a “Guest.” Our Guest checkout requires users to give us contact information (such as name, mailing address, daytime telephone number and e-mail address).   The customer contact information you supply on the checkout form will be used only to contact you concerning the status of an order or to answer your questions.

 

You also agree that you will only register for one account on the site. We reserve the right to suspend or terminate your use of our Site if we discover that you have violated these Terms of Service. You are responsible for maintaining the confidentiality of your account details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data.

 If you do not wish to create an account for DEWStore.com during your Site visit or at checkout, you will have the option in certain instances to checkout as a Guest.” Guest checkout requires users to give us contact information (such as name, mailing address, payment information and e-mail address).   The customer contact information you supply on the checkout form will be used only to contact you concerning the status of an order or to answer your questions. 

 

Terms of Payment

 

You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Dew Store the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. 

 

Pricing

 

DEW Store cannot confirm the price of an item until you submit an order. Despite our diligent efforts, it is possible that Products in our catalog may be mispriced. If the correct price of a Product is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products as well as all other associated fees, including shipping and handling charges and applicable taxes, at the price(s) in effect when such charges are incurred. 

 

Availability 

 

Dew Store reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.

 

All goods and services available on the website are subject to change without notice and is available while supplies last. You hereby expressly accept and agree that Dew Store, at its sole discretion, reserves the right (without obligation) to substitute goods of greater or equal value in the event products of any one item run out. Goods may be available only in limited quantities and will be distributed on a first-come, first-served basis. You should regularly consult the website for updates regarding product availability. 

If an item is out of stock, Dew Store, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Dew Store, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value.

Dew Store’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Dew Store aims to describe and display its products accurately on the website. However, some items on the website may be mispriced, described inaccurately or unavailable, and Dew Store may experience delays in updating information on the website and in our advertising on other sites. As a result, Dew Store cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. Dew Store reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. As part of our shipping procedures, Dew Store verifies the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, Dew Store will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if Dew Store determines that there were inaccuracies in our product information, Dew Store may cancel your order and notify you of such cancellation via email. 

 

Delivery

 

Delivery of the products shall be made to the address specified by the customer when placing the order depending on the shipping options chosen below.  The address must be in one of the forty-eight (48) contiguous United States or the District of Columbia.  Currently we do not ship to Alaska or Hawaii. 

If a product is currently unavailable in your area, there will be a corresponding disclaimer on the product page and at checkout. 

 

DEW Store has the right, but not the obligation, to subcontract all or any of its obligations for delivery of the products to any other party as it may from time to time decide without giving notice of the same to the customer.

 

Except to the extent required by law, no responsibility is assumed by Dew Store for goods after they have been delivered to the carrier. The risk of loss for and title to products purchased on the website passes to the purchaser upon delivery to the carrier. Dew Store reserves the right to charge you for shipping fees to re-ship any products that have been returned to Dew Store due to your shipment refusal, your failure to include a sufficient address, or if the product is otherwise undeliverable.

Shipping Policy

Your order will typically arrive within 2-4 business days. Please note the estimated delivery date on your order confirmation page or updated delivery dates in email notifications   Any dates quoted for delivery of the products are approximate only.  Delivery times may vary, especially during peak periods. 

 

DEW Store offers a variety of shipping methods and the shipping cost is calculated based on the location of the delivery address, shipping speed chosen and the weight of the products you order. Shipping costs will be calculated at checkout. 

 

We do not ship internationally, to P.O. Boxes, or FPOS. To help ensure proper and efficient delivery of your order, your shipping address must be a street address. 

Free Ground  Service is available on merchandise orders over $10 to all registered members of DEW Nation HQ who reside in one of the forty-eight (48) contiguous United States only and does not include Alaska or Hawaii and  will automatically be applied at checkout. If you are not a member of DEW® Nation HQ,  a member of DEW® Nation HQ residing in Alaska or Hawaii, or purchasing a beverage product the DEW® Store, the DEW Store offers $8 flat rate UPS Ground Shipping for all orders, as well as  a variety of  express shipping methods. Express shipping costs are calculated based on the location of the delivery address, shipping speed chosen and the weight of the products you order. Shipping costs will be calculated at checkout and will be determined by weight of product, shipping method, and shipping address. 

Shipping Options

Shipping Method

Estimated Delivery Date

UPS Sure Post

2-7 Business Days

UPS Ground Service

5-7 Business Days

2nd Day Air Service

Guaranteed within 2 business days
Orders must be placed by Noon ET to be delivered in 2 business days for an additional fee.

Next Day Air Service

Guaranteed within 1 business day
Available to most destinations. Orders must be placed by Noon ET and will be delivered by the end of the following business day for an additional fee.

 



Product Orders and Returns 

 

All orders placed through the Site are subject to DEW Store acceptance. This means that DEW Store may refuse to accept or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else. 



Cancellations 

 

DEW Store does not support order cancellation. Please reach out to our Customer Care team at https://contact.pepsico.com/dewstore with any concerns.  

 

Return and Refund Policy 

 

If you are unsatisfied with merchandise items that you have purchased, you may return the      merchandise for an exchange or refund.  To return an unwanted merchandise for a refund of the purchase price, please send the unopened merchandise within forty-five (45) days from the date of shipment.  Merchandise must be returned in new condition, in original boxes (whenever possible), and with all paperwork, parts, instructions and accessories to ensure full credit.  Original shipping and handling and return postage charges will not be refunded.

 

All beverage sales on DEWStore.com are final. We do not offer any refunds, returns or exchanges. If you are unsatisfied with a product that you have purchased, or you have a problem with an item in your order, please reach out to our Customer Care Team during their business hours (Monday-Friday 9am-5pm Eastern Time (ET”) to report the issue. All reports of issues or shortages must be reported within forty-five (45) days after delivery to receive support. 

 

Merchandise Return Procedure

  1. Please contact the Customer Care Team by phone, email or Chat before initiating a return or refund to ensure your request falls within the forty-five (45) days and the arrival time back to our distribution center is not counted against the time frame. 
  2. Once a return has been initiated, our Customer Care team will send you a return label with which to return your merchandise via electronic mail, as well as instructions about how to complete your return. 

 

  1. Once we receive your item, and verify that they meet return criteria (unwashed, undamaged, unused, with original tags and packaging) the credit card you used for the original purchase will be reimbursed the price you originally paid for the returned item(s). In most cases this credit should appear on your card in the next regular billing cycle. If you have requested an exchange for the same item, the new order will be placed for you by the Customer Care Team once the return has been completed. 

 

  1. Any returns of items that you received as a gift will be issued in the form of an online DEW Store discount code in lieu of a refund.

Shipping charges for orders that are deemed "undeliverable" by the shipping carrier (either due to an improperly entered address or any other reason) are non-refundable. Please ensure that you enter the correct "ship-to" address when placing your order, as we do not modify shipping addresses in any way before they leave our distribution center.

 

DEWStore.com Promotions

 

Some discount codes that offer discounts on DEWStore.com merchandise may carry certain restrictions. Please refer to the specific DEW Store program that generated the code for full information about restrictions or limitations including but not limited to whether or not that code can be combined with other discount codes for DEWStore.com.  If a discount code cannot be combined, there will be a corresponding disclaimer on the checkout page. 

 

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through DEWStore.com may be governed by rules that are separate from or supplement these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will govern with respect to the applicable Promotion.

 

Materials You Submit

 

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

 

If you do submit material, and unless we indicate otherwise, you grant DEW Store and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that DEW Store is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to DEW Store. You grant DEW Store and its affiliates the right to use the name, image, and all other likeness in such materials you submit. All personal information provided via this site will be handled in accordance with the site's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify DEW Store for all claims resulting from content you supply.

 

Disclaimers; Limitation of Liability 

 

Your use of this site is at your sole risk. The site is provided on an "as is" basis.

DEW Store expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non-infringement.  If you download any material from this site, you do so at your own discretion and risk. You are responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

Limitation of Liability

 

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PEPSICO OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SITE INCLUDING ANY INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL PEPSICO OR THE INDEMNIFIED ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PEPSICO’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL PEPSICO OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PEPSICO’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PEPSICO NOR THE INDEMNIFIED ENTITIES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PEPSICO IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND PEPSICO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. 

 

Indemnification

 

You agree to defend, indemnify and hold DEW Store and the Indemnified Entities harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of the Site or a breach of the Terms of Service.

 

Copyright Notice

 

Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of DEW Store and its parent company, affiliates and subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of DEW Store.

 

Cautionary Language Regarding Forward-Looking Statements

 

This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from DEW Store's historical experience and our present expectations or projections. Dew Store undertakes no obligation to publicly update or revise any forward-looking statements.

 

Third-Party Sites and Third-Party Content

 

Certain areas of the Site and our payment processing functions may be operated on behalf of DEW Store by third parties and may be subject to the terms of use and/or privacy policies of those parties. DEW Store is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas operated by third parties.

 

Our Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, which we encourage you to review.

 

Some of the Content, services, and features on our Site, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Site created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Site. You acknowledge that any reliance on representations and warranties provided by any party other than DEW Store will be at your own risk. You expressly agree to hold DEW Store harmless for any claims of damage arising from any Content, product, or service provided by any third party.


Trademarks

 

The Trademarks displayed on the Site are registered and unregistered Trademarks of PepsiCo, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, DEW Store will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

Privacy

 

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. We respect your privacy and the use and protection of your personal information. Please see the Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of the Site.


Applicable Law and Jurisdictional Matters

 

These Terms of Service are governed and interpreted under the laws of the state of New York, United States of America. By using this Site, you consent to the jurisdiction of the courts located in New York for any action arising from these Terms of Service. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS OF SERVICE, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.  These terms operate to the fullest extent permissible by law.

 

If any portion of these Terms of Service is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. DEW Store's failure to act with respect to a breach of these Terms of Service by you or others does not constitute a waiver and shall not limit DEW Store's rights with respect to such breach or any subsequent breaches. 

 

These Terms of Service constitute a binding agreement between you and Dew Store and is accepted by you upon your use of the Site or your account. These Terms of Service constitute the entire agreement between you and Dew Store regarding the use of the Site and your account. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Service.