LEGAL


 

All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain measurements 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 products or services in this website at a particular time does not imply or warrant that these products or services 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 regards to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

When an order is placed, it will be shipped to an address designated by the purchaser as long as the shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website 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.

We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or timeliness of any information on this website. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. We will correct any pricing errors on the website as and when discovered.

The website contains a large number of products and services and it is always possible that, despite our best efforts, some of the products or services listed on the website may be incorrectly priced. We will normally verify prices as part of our shipping procedures so that, where the correct price is less than our stated price, we will charge the lower amount when shipping the products to you. If the correct price is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before shipping the product, or reject your order and notify you of such rejection. We shall not provide the products to you at the incorrect (lower) price, even after we have sent you and order confirmation or a shipping confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

Please follow the instructions on the website to place your orders. Your order constitutes an offer to us to buy the products and services. After receiving an order, we will send you an e-mail acknowledging that we received your order ("Order Confirmation"). 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. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of you order (the "Shipping Confirmation"). A contract with us will be formed only when you receive the shipping confirmation. The contract with us will relate only to those products and services whose shipment we have confirmed in the shipping confirmation. We will not be obliged to supply any other products or service which may have been part of your order in the same or a separate order confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the products or services are no longer in our inventory. We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse revise to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order.

The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by Hautefit and are protected by copyright, trademark and other laws and may not be used except as permitted in these terms and conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website 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 this website without our written permission or the written permission of such third party owner.

The website contains copyrighted materials, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. This website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. 

Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply must comply with all applicable laws, rules and regulations.

From time to time, this website may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on our accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the website. Each of these activities shall be governed by specific rules accessible from the pages of the website offering the promotion.

If you believe that your rights under intellectual property laws are being violated by any content or materials posted on or transmitted through the website or any products advertised on the website ("Web Site Content"), please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content and/or advertisements. It is our policy to comply with The Digital Millennium Copyright Act ("DMCA") by disabling access to infringing materials, and terminating access or repeat infringement to the website.

Gift cards can only be redeemed via purchases made on the website, and are not redeemable for cash. Any unused balance will be placed in the recipient's gift card account and is not transferable. If you order exceeds the amount of your gift card, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift cards. We make no warranties, express or implied, with respect to gift cards, including without limitation, any express or implied warranty or fitness for a particular purpose. In the event a gift card code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift card. Certain state laws do not allow imitations on implied warranties or exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Other than personally identifiable information, which is subject to this website's privacy policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all user communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to monitor or review any user communications. We shall have no obligation to use, return, review, or respond to any user communications. We will have no liability related to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all user communications that includes any material we deem inappropriate or unacceptable.

Your use of this website is at your risk. The materials and services provided in connection with this website 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 we nor any of our affiliates warrant the accuracy or completeness of the materials or services on or through this website. The materials and services on or through this website may be out of date, and neither we nor any of our affiliates make any commitment or assumes any duty to update such 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 this website are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers if any. To the fullest extent permissible by applicable law, 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 website. 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 Improvement 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.

We assume no responsibility, and shall 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 this website or your downloading of any materials from this website. In no event will we, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this website be liable to any party 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 this website, any websites linked to this website, or the materials, information or services contained at any or all such websites, 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 this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this website, 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 this website.

We may revise these terms and conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website.

To the fullest extent permitted by law, these terms and conditions and any claim or dispute arising out of or relating to these terms and conditions, including but not limited to the website, will be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these terms and conditions, including but not limited to the website shall be subject to the exclusive jurisdiction of the State and/or Federal Courts located in San Mateo County, in the State of California and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the website or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States Export Laws and Regulations. If any provision of these terms and conditions is held to be unlawful, void, or for any reason unenforceable, such offending provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These terms and conditions, together with the privacy policy, constitute the entire agreement between you and Hautefit relating to your use of the website, superseding any other agreement between You and Hautefit with respect to the subject matter of these terms and conditions. Section heading in these terms and conditions are for convenience only and have no legal or contractual effect. If any provision of these terms and conditions shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these terms and conditions shall be admissible in judicial and administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice. Additional Assistance. If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to email us at info@hautefit.co.