TERMS & CONDITIONS
PLEASE READ THE FOLLOWING SITE TERMS CAREFULLY. ANY USE OF OUR WEBSITE OR PURCHASES OFF OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS.
NOTE: NO COPYRIGHTED MATERIAL, NUDITY, VIOLENCE, DRUGS, OR OTHERWISE EXPLICIT CONTENT WILL BE ACCEPTED FOR PRINT.
These terms (“Terms”) apply to all uses you (“You”) may make of this website (the “Site”) including, but not limited to any: use of the Site’s product customization service (“Service”), use of the shopping cart and ordering service, as well as using any of our products.
1. YOUR SUBMISSIONS TO THE SITE
1.1 Under these Terms, You may NOT place any of the following material or obtain any such material using the Service (a “Submission”):
Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law
Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material
Any material sent from an anonymous or false address.
2. CUSTOMER SUPPORT AND AGE REQUIREMENTS
You must be at least 13 years of age to use the Site. If you, your parent or guardian, have any concerns please feel free to contact Seller at customer support at firstname.lastname@example.org
3. COPYRIGHTED MATERIAL, SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS
All of the information, content, software and materials Seller offers at the Site are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. The Marks and other brand names in this Site are the worldwide trademarks or registered trademarks of HR a La Mode or are being used with the rights secured by HR a La Mode, hereunder. Trademarks of other parties are identified wherever possible and Seller acknowledges their rights.
You agree to indemnify, defend and hold harmless Seller, its affiliates and subcontractors, and all their officers, directors, employees, agents, licensors, suppliers and any third parties providing information relating to the Products or Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to Your account (including negligent or wrongful conduct) by You or any other person purchasing Products or accessing the Service using Your account.
Any action under these Terms must be brought, if at all, within one year from the accrual of the cause of action. You and Seller agree that any claims under these Terms shall be subject to the laws of the State of California, and hereby consent to jurisdiction and venue in the courts of San Diego, California.
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.
8. DISCLAIMER OF WARRANTIES FOR PRODUCTS AND SERVICES
THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SELLER’S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY REGARDING ANY PRODUCTS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY PRODUCTS, OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE, SERVICES, OR PRODUCTS, FROM ANY CHANGES TO THE SITE OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. HR a La Mode PRICING
With respect to items sold by HR a La Mode, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
11.REFUNDS, RETURNS, AND CANCELLATIONS
All sales are final. If You notify HR a La Mode you would like to cancel before your order is processed, we will do everything we can to cancel your order in time. HR a La Mode reserves the right to refuse an order cancellation if we are not able to stop processing or shipping.
12. INTERNATIONAL CUSTOMS CHARGES AND MISC FEES
We are not responsible for any miscellaneous fees or taxes. Some orders may incur a customs or import duty tax charge even if You have already paid for shipping through on website. We are unable to control additional International customs charges and they will vary based on location. The customer is solely responsible for all additional taxes and fees. Your order cannot be returned to the sender and HR a La Mode will not pay custom fees on your behalf.
13. LOST OR STOLEN PACKAGES
In the rare event of a lost or stolen package, HR a La Mode is not liable. To prevent a lost or stolen package, please make sure you require a signature on all packages at your address.
14.1 Seller may assign its rights and responsibilities under these Terms without notice to You. All items purchased through Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you on our delivery to our carrier (ie, F.O.B. Seller’s facility).
14.2 If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
14.3 These Terms constitute the entire agreement between you and Seller with respect to the Site, Products and Service, and supersede all other communications, written or oral, with regard to that subject matter.
15. PROCESSING AND SHIPPING TIMES
Our processing times and shipping times are estimates only. HR a La Mode is not liable for late deliveries or loss or damage relating to late deliveries. HR a La Mode is not responsible for incorrectly entered delivery addresses.
16. LIABILITY OF PRODUCT / SERVICE USE
HR a La Mode urges all users of our products to use them with safety. HR a La Mode is not liable for any injuries that occur from using any of our products / services.