TERMS AND CONDITIONS

TERMS OF USE

Please review these Terms and Conditions. Your use of this web site (“Site”), including the purchase of products, constitutes your acceptance of the following terms and conditions. 

About The DEW® Store

Pepsi-Cola Company, a division of PepsiCo, Inc. (“DEW”) is responsible for the hosting, operation and maintenance of this Site.

Acceptance of Terms

This Site is designed for and targeted to 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 (19 in AL/NE) or older. In order to use and access the features, services and purchase products provided or offered by this Site you must be a legal resident of the US currently residing in one of the fifty (50) United States or the District of Columbia and 18 years of age (19 in AL/NE) 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 (19 in AL/NE) or older, please stop and discontinue your use of this website. If for any reason you do not agree with these Terms and Conditions, including this Site's Privacy Policy, please discontinue using this Site. By using this Site, you agree to be legally bound by these Terms and Conditions.  DEW 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.

Representation

By using this Site you represent and warrant that you are 18 years of age (19 in AL/NE) or older, a legal U.S. Resident residing in one of the fifty (50) United States or the District of Columbia, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to abide by and comply with these Terms and Conditions.

Products

You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any product purchased through this Site shall be the amount of the purchase price. 

While DEW uses reasonable efforts to include accurate and up to date information in the Site, DEW makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Products may be purchased while supplies last.  Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. An order can be cancelled for various reasons. In every instance, we make every effort to communicate with you prior to cancelling the order.   If you are unsatisfied with a product, you may return it if it complies with the terms of our return policy. See below for our return and cancelation policy. Or click here

Use of Site

Use of and browsing in the Site is done at user's own risk. Neither DEW nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.  Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site.

From time to time, DEW 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, (b) become the property of DEW and DEW shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by DEW, 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 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.

Order Acceptance and Pricing

Please note that there are cases when an order cannot be processed for various reasons.  The Site reserves the right to refuse or cancel any order for any reason at any given time. 

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site.  As such, we reserve the right to refuse or cancel any order.  In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions, cancel your order or notify you of such cancellation.  We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

Registration

We are pleased to offer free UPS Ground Shipping Service on 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

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. I You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password. 

 

Terms of Payment

Customer shall be able to make payment for the products by using a major credit and debit cards including Visa, MasterCard, AMEX and Discover. You may also use Apple Pay. All payment processing (including cancellations and refunds) is operated by Braintree Payments and subject to its Privacy Statement. 


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 fifty (50) United States or the District of Columbia.  

DEW 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.


Shipping Policy

DEW aims to ship products within one (1) to five (5) business days from the time payment is received. Any dates quoted for delivery of the products are approximate only and provided by the shipping carrier. The time for delivery shall not be of the essence and DEW shall not be liable for any delay in delivery. 

Free UPS Ground Service is available on orders over $10 to all members of DEW Nation HQ the free MTN DEW® Membership Platform who reside in the Contiguous United States only, does not include Alaska or Hawaii, and  will automatically be applied at checkout. 

If you are not a member of DEW® Nation HQ (or a member of DEW® Nation HQ residing in Alaska or Hawaii), DEW 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 and will be determined by weight of product, shipping method, and shipping address. 

 

Shipping Options

Shipping Method

Estimated Delivery Date

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.

 

DEW Store Orders currently only ship to the United States. We do not ship to US territories Puerto Rico and Guam. We do not ship internationally, to P.O. Boxes, or FPOS. To ensure proper and efficient delivery of your order, your shipping address must be a street address. 

 

DEW Store Promotions

Some discount codes that offer discounts on DEW® Store merchandise may carry certain restrictions. Please refer to the specific DEW program that generated the code for full information about restrictions or limitations.  Promotional codes that offer discounts on DEW® Store merchandise are single-use and cannot be combined with any other offer.  

If the products cannot be delivered to customer or customer fails to accept delivery of the product (other than by reason of any cause beyond customer’s reasonable control or by reason of DEW’s fault) and the product is returned to DEW as undeliverable, then DEW may contact the customer and arrange for redelivery. The customer agrees to pay any shipping charges associated with redelivery of their items. 


Product Orders and Returns 

All orders placed through the Site are subject to DEW acceptance. This means that DEW 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 : 

You can cancel any order within one (1)  hour of receiving your purchase confirmation, by calling our friendly Customer Care team at 866-468-6339 during regular business hours. Customer Care Team business hours are  Monday-Friday 9am-5pm Eastern Time (“ET”). . If your purchase was made outside of business hours, please call before 10am ET the next business day to cancel your order. If your credit card has already been charged for an order  that is cancelled, you will be issued a refund.  In most cases this credit should appear on your account within the next regular billing cycle.


Return Policy : 

If you are unsatisfied with a product that you have purchased, you may return the product for a full refund.  To return an unwanted product for a refund of the purchase price, please send the unopened product within forty-five (45) days from the date of shipment.  Product(s) 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.


IMPORTANT!

It is the customer's responsibility to inspect and report any defects, shortages, returns or exchanges to Customer Care Team within forty-five (45) days after delivery. All claims reported after the 45-day period will not be honored, NO exceptions. Items marked as final sale cannot be returned or exchanged, unless required by law.

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 items via electronic mail, as well as instructions about how to complete your return. 
  3. 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. 
  4. 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 the initial purchase are non-refundable.

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.


Disclaimer

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 will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

YOU UNDERSTAND AND AGREE THAT THIS SITE, DEW, ANY OF ITS AFFILIATES, PARTNERS, CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Privacy

We respect your privacy and the use and protection of your personal information. Please see the MTN DEW®  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 and Conditions are governed and interpreted under the laws of the state of New York, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.