Terms of service
Terms of Service
This website is operated by Hale & Ellery. Throughout the site, the terms "we," "us," and "our" refer to Hale & Ellery. Hale & Ellery offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
When you visit our website and/or purchase something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use," "TOS"), including any additional terms, conditions and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the website, including but not limited to browsers, vendors, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this Agreement, do not access the website or use the Services.
Any new features or tools added to the current offering will also be subject to the Terms of Use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use.
SECTION 1 - TERMS AND CONDITIONS OF ONLINE STORE
By agreeing to these Terms of Use, you represent that you are at least the age of majority in the jurisdiction in which you reside and that you have given us permission to allow your minor dependants to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction, including copyright laws, while using the Service.
You must not transmit any worms, viruses or code of a destructive nature. A violation or breach of any of the Terms may result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service at any time for any reason.
You acknowledge that Your Content, other than credit card information, may be transmitted unencrypted and may involve transmission over different networks or modifications required to meet technical requirements when connecting networks or devices.
Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided without express written permission from us.
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current.
The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources of information.
Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is not current and is provided for reference only.
We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website.
SECTION 4 - CHANGES TO SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part or content thereof, at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Conclusion of the Contract
The presentation of products in the online store does not constitute a legally binding offer, but a non-binding online catalogue.
By clicking the "Buy" button, you make an offer to conclude a purchase contract.
Confirmation of receipt of your order follows immediately after submission by automated email. This email confirmation does not necessarily constitute acceptance of the contract.
Warranty
Statutory warranty rights apply.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may only be available online through the website.
These products or services may have limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device or computer monitor will display colours accurately.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or jurisdiction.
We reserve the right to limit the quantities of products or Services we offer.
All product descriptions and prices are subject to change at any time without notice and at our sole discretion.
We reserve the right to discontinue any product at any time.
We do not guarantee that the quality of any products, Services, information or other material purchased or obtained by you will meet your expectations.
Our products may be shipped directly to the customer from our supplier in China. Any customs duties, import duties or other applicable charges are the responsibility of the customer unless otherwise stated.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, at our sole discretion, limit or cancel quantities purchased per person, household or order.
These restrictions may include orders placed by or under the same customer account, credit card, billing address or shipping address.
If we modify or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided at the time the order was placed.
We reserve the right to restrict or prohibit orders that appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and payment information, so that we may complete your transactions and contact you when necessary.
For more information, please see our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind.
We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available through our Service may include materials from third parties.
Third-party links on this website may direct you to websites that are not affiliated with Hale & Ellery.
We are not responsible for examining or evaluating their content or accuracy and do not warrant or assume liability for third-party materials, websites, products or Services.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources or content through third-party websites.
Please review third-party policies and practices carefully before entering into any transaction.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS
If you submit contest entries, creative ideas, suggestions, proposals, plans or other materials to us, whether online, by email, postal mail or otherwise, you agree that we may edit, copy, publish, distribute, translate and otherwise use those submissions in any medium.
We are under no obligation to maintain comments in confidence, pay compensation for comments or respond to comments.
We may monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates intellectual property rights or these Terms.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy or other proprietary rights.
You are solely responsible for your comments and their accuracy.
Any additional customs clearance charges and/or import duties are not included in the product price and are the responsibility of the customer unless otherwise stated.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information through the Store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our website or Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information unless required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set out in these Terms, you are prohibited from using the website or its content:
- For any unlawful purpose.
- To solicit others to perform or participate in unlawful acts.
- To violate applicable laws or regulations.
- To infringe our intellectual property rights or those of others.
- To harass, abuse, insult, harm, defame, intimidate or discriminate.
- To submit false or misleading information.
- To upload or transmit viruses or other malicious code.
- To collect or track the personal information of others.
- For spam, phishing, scraping or similar activities.
- For obscene or immoral purposes.
- To interfere with or circumvent security features.
We reserve the right to terminate your use of the Service for violating any prohibited use.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that results obtained from the Service will be accurate or reliable.
You agree that we may remove the Service for indefinite periods or cancel the Service at any time without notice.
Your use of the Service is at your sole risk.
The Service and all products and Services delivered through it are provided "as is" and "as available", except where expressly stated otherwise and subject to applicable law.
Where certain jurisdictions do not permit the exclusion or limitation of liability, our liability shall be limited to the maximum extent permitted by applicable law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hale & Ellery, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand arising from your breach of these Terms of Service, violation of applicable law or violation of the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall nevertheless remain enforceable to the fullest extent permitted by law.
The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination for all purposes.
These Terms remain effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our website.
If we determine that you have failed to comply with any provision of these Terms, we may terminate this Agreement without notice.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us constitute the entire agreement between you and Hale & Ellery regarding your use of the Service.
They supersede prior or contemporaneous agreements, communications and proposals between you and us.
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
All disputes arising under these Terms shall be resolved exclusively in the courts of Nevada, United States.
SECTION 19 - CHANGES TO THE TERMS OF USE
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or Service after changes have been posted constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms of Use should be sent to:
Hale & Ellery
Email: info@haleandellery.com