Felix Hardy.com is operated by Felix Hardy Retail (“Felix Hardy”) on behalf of itself and its affiliates (the “Web Site”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE WEB SITE.
USE OF THIS WEB SITE
Users of all ages are welcome to browse the Web Site under the terms set forth herein, however, you may only establish an account if you are of the age of majority in your state of residence – which is usually 18- or older. In order to purchase products or services from the Web Site and in order to access or use some features on the Web Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account and further that you have agreed to these Terms and Conditions. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer or device. All activities that occur under your account or password shall be your responsibility. In the event you become aware that your account or password have been lost, compromised or are being used in an authorized fashion it is your responsibility to contact our customer service immediately.
ACCURACY OF INFORMATION
We attempt to ensure that information on the Web Site is complete, accurate and current. Despite our efforts, information on the Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on the Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any product or service on the Web Site at a particular time does not imply or warrant that the product or service will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
CORRECTION OF ERRORS AND INACCURACIES
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event that a product is listed at an inaccurate price due to typographical error or error in pricing information or for any other reason, we have the right to (i) refuse or cancel any orders placed for the product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, we will offer a refund to you of previous amounts paid in respect of your purchase. The display of products on the Web Site shall not constitute an offer to sell.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Web Sites. All purchases from the Web Sites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
USE OF CONTENT ON THE WEB SITE
The design of the Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from the Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You agree not to circumvent or interfere with security-related features of the Web Site or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Web Site or any materials herein. You may not use any robot, “bot”, spider, crawler or other automatic device or manual process to gather data from the site for commercial use. Any unauthorized use of this Web Site, or any such information or materials contained herein may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on the Web Site are registered and unregistered trademarks, trade names and service marks of Felix Hardy or its affiliate(s). Other trademarks, trade names and service marks used or displayed on the Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including our vendors or suppliers. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Site without the written permission of such other owner.
LINKING TO THE WEB SITE
Creating or maintaining any link from another web site to any page on the Web Site without our prior written permission is prohibited. Running or displaying the Web Site or any information or material displayed on the Web Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Web Site must comply will all applicable laws, rule and regulations.
THIRD PARTY LINKS
From time to time, the Web Site may contain links to web sites that are not owned, operated or controlled by Felix Hardy or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the Web Site, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, harassing, insensitive, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that is derogatory towards, among others, any individual, race, religion, gender, sexual orientation or could constitute or encourage violence or conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law on or through the Web Site. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
YOUR USE OF THE WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GIORGIO DI MARE NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER, GIORGIO DI MARE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. 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. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GİORGİO Dİ MARE HEREBY DISCLAIMS 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 THE WEB SITE. 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.
You agree to defend, indemnify and hold us harmless from and against any and all claims made by, and any and all damages and judgments (including reasonable attorneys’ fees) awarded to, any third party due to or resulting from: (1) your misuse of the Web Site or any of its contents; (2) your violation of these Terms and Conditions or any applicable law; or (3) your breach of any of your representations and warranties set forth herein.
LIMITATIONS OF LIABILITY
Neither Felix Hardy nor any of its affiliates, assume any responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Web Site, or your downloading of any information or materials from the Web Site. IN NO EVENT WILL GIORGIO DI MARE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITE, ANY WEB SITES LINKED TO THE WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEB SITE.
REVISIONS TO THESE TERMS AND CONDITIONS
We reserve the right to modify these Terms and Condition at any time. If we modify these Terms and Conditions, we will post the revised Terms and Conditions on the Web Site and note the date the Terms and Conditions was last updated. We also may highlight the link to the Terms and Conditions, post a notice on the Web Site or send an email describing the changes. Your continued use of the Web Site following any revisions to these Terms and Conditions signifies your agreement to be bound by the revised Terms and Conditions. You should visit this page from time to time to review the then current Terms and Conditions.
Additional terms may apply in connection with certain features of the Web Site (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms will be made available to you, for example: (i) where you are permitted to submit materials, enter a promotion, access or use particular features, or purchase specific products and services, or (ii) in a link adjacent to where you are permitted to submit materials, enter a promotion, access or use particular features, or purchase specific products and services. Unless otherwise stated, those additional terms are incorporated into and made a part of these Terms and Conditions by reference. In the event those additional terms conflict with these Terms and Conditions, the additional terms shall control solely with respect to the subject matter to which those additional terms apply.
COPYRIGHTED MATERIAL – ALLEGED INFRINGEMENT
If you are a copyright owner or an agent thereof and believe that any content on this Web Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: Attn. Privacy [email protected] For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement. We suggest that you consult your legal counsel before filing a claim.
MANDATORY ARBITRATION OF DISPUTES
These Terms and Conditions provide that all disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms and Conditions is contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms and Conditions, including with respect to the interpretation of any provision of these Terms and Conditions or concerning the performance or obligations of Felix Hardy or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Felix Hardy or you pursuant to the following conditions:
Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at the JAMS facility in your area.
Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
The arbitration shall be conducted by a single arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms and Conditions, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Felix Hardy will be responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures. Except where prohibited by law, the prevailing party shall be entitled to an award of reasonable attorney fees.
The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions and you agree that any arbitration or other proceedings by or between you and Felix Hardy will be conducted on an individual basis and not in any class action, consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
You or we may suspend or terminate your account or your use of the Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by e-mail at [email protected]