Terms of service
OVERVIEW
This website is operated by HEBA&CO. Throughout the site, the terms “we”, “us”, and “our” refer to HEBA&CO. HEBA&CO 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 any additional terms and 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
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 state or province of residence, or that you are the age of majority and 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, 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 transmissions over various networks and 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 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 2B – NON-CLASS ACTION CLAUSE
You agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, your use of the website, or any products or services purchased from HEBA&CO shall be resolved on an individual basis.
You expressly waive any right to bring or participate in any class action, class arbitration, private attorney general action, or any other representative proceeding.
All claims must be litigated individually and not consolidated with any other individual’s or entity’s claims. If a court determines this waiver to be unenforceable, the dispute must be resolved exclusively in a court of competent jurisdiction.
SECTION 2C – BINDING ARBITRATION CLAUSE
Any dispute, controversy, or claim arising out of or relating to these Terms of Service, your use of the website, or any products or services purchased from HEBA&CO shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration shall be conducted by a single neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration organization. Arbitration shall take place in a location mutually agreed upon or determined by the arbitrator. The arbitration shall be governed by the Federal Arbitration Act (FAA) and conducted in English.
By agreeing to arbitration, both parties waive the right to a trial by jury or to participate in a class action lawsuit. Each party shall bear its own arbitration costs and attorney’s fees unless otherwise required by law. The arbitrator’s decision shall be final and binding.
If any portion of this arbitration clause is found unenforceable, the remaining portions shall remain in effect.
SECTION 2D – PAYMENTS AND BILLING INFORMATION
By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order, including applicable taxes and fees.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information available on this site is not accurate, complete, or current. The material is provided for general information only and should not be relied upon without consulting primary or more accurate sources.
This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time without obligation to update any information.
SECTION 4 – MODIFICATIONS TO THE SERVICE 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 of it) at any time without notice.
We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display product images and colors accurately but cannot guarantee your monitor’s display will be accurate.
We reserve the right to limit sales by person, region, or jurisdiction and to discontinue any product at any time.
We do not warrant that the quality of products, services, or information purchased will meet your expectations or that errors will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order. Restrictions may apply to orders placed under the same customer account, credit card, billing address, or shipping address.
You agree to provide current, complete, and accurate purchase and account information and to update your information promptly.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties.
Any use of optional tools is entirely at your own risk.
SECTION 8 – THIRD-PARTY LINKS
Certain content or services may include third-party materials.
We are not responsible for examining or evaluating third-party content and assume no liability for third-party websites or transactions.
SECTION 9 – USER COMMENTS, FEEDBACK, AND SUBMISSIONS
If you submit comments, ideas, or suggestions, you agree that we may use them without restriction or compensation.
You agree that your comments will not violate any third-party rights or contain unlawful or offensive material.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate at any time.
SECTION 12 – PROHIBITED USES
You are prohibited from using the site or content for unlawful purposes, to violate laws, infringe intellectual property rights, harass others, upload malicious code, collect personal information, spam, or interfere with security features.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Service is provided “as is” and “as available” without warranties of any kind.
HEBA&CO shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service or products.
Where prohibited by law, liability shall be limited to the maximum extent permitted.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless HEBA&CO and its affiliates from any claim arising from your breach of these Terms or violation of any law or third-party rights.
SECTION 15 – SEVERABILITY
If any provision of these Terms is deemed unlawful or unenforceable, the remaining provisions shall remain valid.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by you or us.
We may terminate this agreement at any time without notice if you fail to comply with any term.
SECTION 17 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and HEBA&CO and supersede any prior agreements.
SECTION 18 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms at any time.
Continued use of the website constitutes acceptance of changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
info@hebaandco.com