GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
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OVERVIEW
This website is operated by HARK&GRAAF. The terms “we”, “us”, “our” and “ours” as used in this site refer to HARK&GRAAF. HARK&GRAAF offers this website and all information, tools and services available through this site to you – the user – conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (hereinafter referred to as “Terms” or “Terms”), including those additional terms and conditions and policies referenced or linked below. These Terms of Service apply to all users of the site, including users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the provisions of this agreement, then you may not access the site or use any services. To the extent these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
The Terms of Service shall also apply to any new features or tools which may be added to the current store. The current version of the Terms of Service will always be on this page. We reserve the right to change, modify or replace the Terms of Service, in whole or in part, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website after we post any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - ONLINE STORE TERMS AND CONDITIONS
By agreeing to these Terms of Service, you represent that you are of legal age under the laws of your country of residence, or that you are of legal age under the laws of your country of residence and have given us your consent to allow any minor under your jurisdiction to use this site.
You may not use our products for any illegal or unauthorized purpose. You also may not, in the use of the Service, violate any laws in your jurisdiction (including copyright laws).
You must not transmit any worms, viruses or other malicious code.
Failure to comply with any of the provisions of these Terms and Conditions will result in immediate termination of your Services.
ARTICLE 2 - GENERAL PROVISIONS
We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to the data to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any elements on the website through which the Service is provided, without our express written permission.
The headings herein are for convenience only and will not affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete or out of date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical data. Historical data, by its very nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that you are responsible for monitoring changes to our site.
ARTICLE 4 - CHANGES IN PRICES AND SERVICE
Prices for our products are subject to change without notice.
We reserve the right from time to time to modify or discontinue the Service or any part thereof without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES
Certain products or services are offered exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.
We do our best to display as accurately as possible the colors and images of our products at the store. However, we cannot guarantee that your computer monitor will accurately display all colors.
We reserve the right, without obligation, to limit the sales of our products or Services to certain persons, regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions and product pricing are subject to change by us at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where such offer is prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. Purchases may be limited or canceled by us, in our sole discretion, per person, per household or per order. These restrictions may also apply to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may notify you by contacting the e-mail and/or billing address/phone number you provided at the time the order was made. We reserve the right to limit or refuse orders that we believe were placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information whenever you make a purchase at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Read our Returns Policy for more information.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You agree that access to such tools are provided to you ”as is” and “as available” without any warranties, conditions or endorsements on our part. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you read and approve of the terms on which tools are provided by the relevant third-party provider.
If we offer new services and/or features through the Site (such as the release of new tools and resources), these Terms of Service shall govern such new features and/or services.
ARTICLE 8 - LINKS TO THIRD PARTIES
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to external websites with which we have no association. We are under no obligation to examine or evaluate the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services offered by third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices before engaging in any transaction with them. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
ARTICLE 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send a submission (for example in a contest) or you spontaneously send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by regular mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to do so, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, malicious, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates these Terms of Service or any party's intellectual property rights.
You agree not to post comments that violate any right of any third-party, including copyright, trademark, privacy, personality or other proprietary right. You further agree not to post comments that are libelous or otherwise unlawful, abusive or obscene material, or that contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address or impersonate someone else, or otherwise mislead us or third-parties as to the source of any comment. You are solely responsible for the comments you post and their accuracy. We assume no responsibility and liability for any comments posted by you or any third-party.
ARTICLE 10 - PERSONAL DATA
Our Privacy Policy governs how we collect and use personal information. Read our Privacy Policy.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
Our site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If any information in the Service or on any related website is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without notice (including after you have submitted an order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. A date on the Service or on any related website that information is updated or refreshed does not mean that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you may not use the Site and its content:
(a) for any unlawful purpose; (b) to incite or permit others to commit any unlawful acts; (c) to violate any international, national or local law or regulation; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity or nationality, race, age, or disability; (f) to transmit false or misleading information
(g) to upload or transmit viruses or other malicious code that may in any way affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for any reason whatsoever in connection with this prohibited use provision.
ARTICLE 13 - DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
We do not guarantee that our Service will be uninterrupted, timely, secure or error-free during your use of it.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may periodically remove the Service for indefinite periods of time and cancel the Service at any time, without notice to you.
You expressly agree that your use of the Service is at your sole risk, and that you bear the sole risk of any unavailability of the Service. The Service and all products and services delivered to you through the Service are (unless we expressly state otherwise) provided to you "as is" and "as available" without any express or implied warranties of any kind, including warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
In no event shall HARK&GRAAF ., our officers, directors, affiliates, agents, representatives, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, special, punitive or consequential damages of any kind, including damages for loss of profits, loss of revenue, loss of savings or data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including claims of errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if we have been advised of the possibility of such damages.
Because some jurisdictions do not allow limitation of liability for incidental or consequential damages, our liability for such damages shall be limited to the maximum amount permitted by law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless HARK&GRAAF and our parent, subsidiaries, affiliates, partners, officers, directors, agents, subcontractors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand made by any third party, including reasonable attorneys' fees, arising out of your breach of these Terms of Service or the documents incorporated by reference herein, or your violation of any law, regulation or the rights of a third party.
ARTICLE 15 - SEPARATION
If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision shall remain in full force and effect to the fullest extent permitted by law and shall be deemed severable from these Terms and Conditions without affecting the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations incurred by the parties prior to the date of termination shall survive the termination of this Agreement in all cases.
These Terms of Service will remain in effect until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If we believe or suspect in our sole discretion that you have breached any provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. In addition, we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement between you and us and govern your use of the Service, superseding all prior and existing oral or written agreements, communications and proposals between you and us (including any prior versions of the Terms of Service).
If any provision of these Terms and Conditions is open to multiple interpretations, it shall not be construed against us.
ARTICLE 18 - APPLICABLE LAW
These Terms and Conditions and any other agreements whereby we provide you with the Services shall be exclusively governed by and construed in accordance with the laws of HARK&GRAAF.
ARTICLE 19 - CHANGES TO THESE TERMS OF SERVICE
The current version of the Terms of Service can always be found on this page.
We reserve the right, at our sole discretion, to change, modify or replace these Terms of Service, in whole or in part, by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued access to our website or use of the Service after we post any changes to these Terms of Service constitutes acceptance of those changes.
ARTICLE 20 - CONTACT DETAILS
Questions about these Terms and Conditions can be sent to