This website is operated by HMK Emporium. Throughout the site, the terms “we”, “us” and
“our” refer to HMK Emporium. HMK Emporium 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.
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 (“Terms of
Service”, “Terms”), including those additional terms, conditions and policies referenced herein
and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these
Terms of Service carefully before accessing or using our website. 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 terms and conditions of this agreement,
then you may not access the website or use any services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use of or access to the website following
the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE
TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in
your country of residence, or that you are the age of majority in your country of residence and you have given us
your consent to allow any of your minor dependents to use this site.
You may not use our products for any
illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for
any reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. Credit card information is always encrypted during
transfer 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 contact on the website through which the service is
provided, without express written permission by us.
The headings used in this agreement are included 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 site is not
accurate, complete or current. 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 information. Historical information, necessarily, 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 it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject
to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
(if applicable)
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or exchange only according to our
Return Policy.
We have made every effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. 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 of products or product pricing
are subject to change at anytime without notice, at the sole discretion of us. 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 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.
SECTION 6 - ACCURACY OF
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions
may include 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 attempt to
notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment, 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 credit card numbers and expiration dates, so that we can complete your transactions and contact
you as needed.
For more details, please review our Return Policy.
SECTION 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 acknowledge and agree that we provide access to such tools ”as is” and
“as available” without any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion
and you should ensure that you are familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features and/or services shall also be subject
to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
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 third-party websites that are not affiliated with us. We are not responsible for examining or
evaluating 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 of third-parties.
We are
not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party websites. Please review carefully the third-party's
policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 -
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions
(for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans,
or other materials, whether online, by email, by postal 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 compensation for any comments; or (3) to respond to any comments.
We may, but have no
obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us
or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments posted by you or any
third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through
the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND
OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information in the Service or on any related
website 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 in the Service or on any related website, including
without limitation, pricing information, except as required by law. No specified update or refresh date applied in
the Service or on any related website, should be taken to indicate that all information in the Service or on any
related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to
other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a)
for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any
international or UK’s regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way that will affect the functionality
or operation of the Service or of 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 features 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 violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
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 from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of,
or inability to use, the service is at your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without
any representation, warranties or conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability,
title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of 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, but not limited to, any 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 advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 -
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees,
made by any third-party due to or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 -
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void
or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law,
and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall
not affect the validity and enforceability of any other remaining provisions.
SECTION 16 -
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and
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 when you cease using our site.
If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or 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; and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service 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 and understanding between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including,
but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these
Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING
LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed
by and construed in accordance with the laws of the country.
SECTION 19 - CHANGES TO TERMS OF
SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We
reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
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