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Terms and Conditions

Thank you for visiting www.hestervaneeghen.com and www.hveus.com (hereinafter referred to as the "Site"). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THE SITE.

Your use of the Site is subject to the following terms and conditions (hereinafter referred to as the "Terms & Conditions"). If you prefer not to accept any of these Terms & Conditions, please exit the Site immediately. Your continued access to our Site implies that you agree to comply with and be bound by these Terms & Conditions, including the confidentiality rules and, when you make an online purchase, the information concerning your purchase. If Hester van Eeghen, BV and HVE US (hereinafter referred to as "the Companies") make a material modification to these Terms and Conditions, including the Privacy Policy, it will notify you by displaying a prominent announcement above the text of these Terms & Conditions or the Privacy Policy, as appropriate, for thirty (30) days.


Copyright, Registered Trademark and Other Intellectual Property Rights

This Site in its entirety as well as all the articles contained on this Site are protected by the laws governing copyright, registered trademarks and/or other intellectual property rights. These articles are either the property of "the Companies", or are used with the approval of their owners. Such articles include items such as photos, images, illustrations, texts, video clips, audio clips, drawings, logos, registered trademarks, graphics and other materials appearing on this Site, as well as the software used for designing and implementing the Site. All rights are reserved worldwide. The Hester van Eeghen name and brand, as well as all the other brand names associated with Hester van Eeghen mentioned on this Site, whether registered or not, are trademarks or international service marks of Hester van Eeghen. The data contained on this Site is presented for information and promotion purposes only. This Site is intended solely for private, personal and non-commercial use. You may download or reproduce information appearing on this Site solely for personal and non-commercial purposes. The downloading or reproduction of any document or software gives you no right, title or interest with respect to such documents or software. With the exception of personal and non-commercial use, you are prohibited from reproducing, publishing, transmitting, disseminating, displaying, erasing, deleting, adding to or modifying in any way whatsoever, creating derivative works from, selling or participating in the sale of any part of this Site, any material contained on this Site or any related software. Any other use of the articles contained on this Site, including their reproduction for purposes other than your personal non-commercial use, modification, dissemination or reproduction, without "the Companies" prior written consent, is strictly forbidden.


Suggestions and Submissions

You hereby agree that all comments, suggestions, drawings, know-how, concepts, photos, testimonials, and all articles or documents (except for the private information concerning you) communicated or entrusted to "the Companies" through this Site or by any other means (hereinafter referred to as the "Suggestions") shall not be deemed as confidential and shall not be your property. All Suggestions shall automatically become the property of "the Companies" as soon as they are made. The fact of making a Suggestion shall transfer to "The Companies" all rights, titles and interests, including the copyrights, linked to the Suggestions. "The Companies" have no obligation (i) to preserve the confidential nature of any Suggestion; (ii) to compensate financially anyone in exchange for or in connection with a Suggestion; or (iii) to reply to or acknowledge receipt of any Suggestion made to it. You hereby assert and guarantee that none of your Suggestions infringe on the rights of a third party, with respect to copyright, registered trademarks, patents, trade secrets, private life or any other personal or property rights. By making a Suggestion, you acknowledge that The Companies may (but is not obliged to) copy, publish, disseminate or use this Suggestion for any purpose, including, but not limited to, advertising, promotional or product development purposes or any other commercial purpose, without any financial compensation being payable to you or any other person. You are and shall remain liable for the content of any Suggestion made by you.


Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You are also prohibited from posting or transmitting any virus, worm, time bomb, Trojan horse, automated device, spider, crawler, bot, or routine that can collect unauthorized information or interfere with or disrupt the operations of the Web Site, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that The Companies or their affiliates may have at law or in equity, if The Companies or their affiliates reasonably determine that you have violated or are likely to violate the foregoing prohibitions, The Companies may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from the Web Site of such materials. The Companies, their affiliates or their service providers will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing The Companies, their affiliates or their service providers to disclose the identity of anyone posting such materials.


Links

This Site may contain links to other Internet sites. The Companies shall not be held liable for the availability or content of such sites or any article contained on or obtained through such sites. Any link to another site or any reference to information, products or services supplied by third parties, in no way imply that The Companies have given its approval concerning those sites or articles. Any question or comment concerning any other site must be sent to that site's operator. No link with the Site is authorised without The Companies' prior written approval.


Products

The Companies products featured on the Site are representative of The Companies' collection. However, not all products of The Companies are featured on the Site. Not all products featured on the Site are available in the Hester van Eeghen shops. The style drawings, models, and colours of The Companies' products featured on the Site may be modified without prior notice.


Disclaimer

The articles appearing on the Site may contain inaccuracies or typographical errors. The Companies shall not be held liable for any inaccuracy or error, or for loss or damage caused by or resulting from the use of information obtained on or through the Site. It is up to you to assess the information and any other content available on or through the Site. The Site and the information and articles appearing on it are liable to be modified at all times, possibly without further notice or advance warning.


No Guarantee

This Site and its contents are provided "as is" and "within the limit of their availability". The Companies shall not be held liable and provides no guarantee of any kind, whether express or implicit, including any guarantee as to the title or the absence of malevolent programs (such as viruses, worms or Trojan horses) or implicit guarantee as to trade value or suitability for a particular use, and expressly disclaims all liability and all guarantee. The Companies shall bear no liability and cannot guarantee that the information contained on the Site is accurate, complete or up-to-date, that the Site contains no defect or that any such defect shall be corrected. By using this Site, you agree to do so at your own risk and assume full responsibility for any impossibility to use the Site, any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the site, and you agree to hold The Companies harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Site. In cases where the applicable law does not permit the exclusion of implicit guarantees, some or possibly all of the disclaimer clauses mentioned above may not apply to you.


Limitation of Liability

The Companies shall under no circumstances be held liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, even if The Companies were previously informed of the possibility of such damage, whether during a contractual action, a prejudice or any other theory, resulting from, or connected to the use, incapacity to use or execution of information, products or documents on this Site. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, some or even all of the limitations mentioned above may not apply to you.


Representations and Warranties

You represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; and (c) your use of the Site will comply with these Terms & Conditions.


Compensation

You hereby agree to defend, compensate and refrain from holding The Companies, and affiliated companies as well as their representatives, directors, employees and shareholders liable for any lawsuit, damages, losses, costs and expenses, including among other things any reasonable lawyers' fees and legal costs ensuing from or connected to the use of this Site.


Indemnification

You agree to indemnify and hold harmless The Companies, their affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns, retail partners, or any other party involved in the creation, production or transmission of the Web Site from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of the Web Site, or the services provided in relation to the Web Site any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the Web Site or your downloading of any materials, from the Web Site.


Applicable Law

The laws of the State of Arizona will govern these Terms & Conditions, without giving effect to any principles of conflicts of laws. In connection with any litigation, without limiting our right to bring and action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state courts located in the County of Maricopa, in the city of Phoenix and in the federal courts located in the District of Arizona - Phoenix.


Termination

This Agreement is effective unless and until terminated by either you or The Companies, which termination may occur at any time. If The Companies determines, in its sole discretion, that you fail to comply with any of the terms or provisions of this Agreement, The Companies may terminate this Agreement immediately and without notice. Upon any termination of this Agreement by either you or The Companies, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.


Terms & Conditions of Sale

HVE US, LLC, Terms & Conditions of Sale (hereinafter “Terms”) is a legally binding part of HVE US sale and shipment to you the buyer, (“Customer”) of Hester van Eeghen goods and products. These Terms shall apply to the purchase and delivery of any and all Hester van Eeghen good(s) and product(s) and may be amended from time to time. By breaking the seal of the packaging containing Hester van Eeghen goods and products Customer expressly agrees to be bound by these Terms.

Goods and products included in the packaging are sold to Customer strictly for retail sale and under no circumstance: a) to be resold to other retailers, and b) for international shipments not imported back into the United States, nor c) otherwise sold in the United States, its territories and protectorates. Such actions will invalidate Customer’s license and authencity of the goods and products purchased in violation of controlling principals of intellectual property and United States Customs Service.

The price payable by customer will be the price HVE US, LLC sets forth in its Order Confirmation.

Payment is due immediately upon receipt of Hester van Eeghen good(s) and product(s), unless stated otherwise by HVE US. In case Customer doesn’t make payment(s) owed as set forth on the Order Confirmation and this Invoice Customer will have defaulted and breached this Agreement. Visa®, MasterCard®, American Express, Discover, and PayPal will be accepted by HVE US. Customer will indemnify HVE US against any and all costs, losses and expenses incurred by HVE US as a result of cancellation. Customer’s statutory right to set-off, if any, only applies to undisputed or judicially finally adjudged counter-claims. Any statutory rights of withholding by Customer, e.g. defective of goods, will only apply to said counter-claims which arise out of the same contractual relationship with HVE US.

Shipment, delivery, place of performance and payment is Phoenix, AZ. Risk of damage to or loss of goods passes to the Customer on delivery, FOB origin. Where goods are supplied for export, Customer is responsible for complying with any and all import regulations and in the country of destination and for paying any import duties. Date of delivery shall only be taken as an indication, conditions of shipping and transport are not guaranteed. Terms of delivery shall only commence upon the Confirmation of Order’s receipt and any necessary domestic or foreign certificates have been acquired and/or produced by Customer. HVE US's obligation of delivery shall be subject to HVE US's receipt of correct and timely deliveries from HVE US's suppliers. Customer is obligated to accept partial deliveries. Variations in size, weight and quality are permissible in accordance with the respective industry norms or, where such products are not covered by industry norms, in accordance with HVE US's customary practices.

HVE US's goods and products may only be returned after HVE US issues a Return Authorization. HVE US MAKES NO WARRANTIES WHATSOEVER. HVE US HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, AND/OR TRADE PRACTICE.

HVE US IS NOT LIABLE FOR LOSS OF PROFITS, USE, AND/OR ANY OTHER DIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES — for any reason. Any and all claims against HVE US – regardless of the legal reason – shall be barred and effectively waived six (6) months after discovery.

Customer acknowledges, agrees and warrants: Customer’s purchase of HVE US's good(s) and product(s) is for Customer’s sole benefit and not the benefit or any third party nor re-importation into the United States. HVE US retains all titles (including, without limitation intellectual property rights) and interest in any materials information and content not expressly granted licenses for herein and no implied rights or licenses are granted herein.

Nothing herein will be deemed to create a joint venture, partnership, franchise or any other type of business association between the Parties. No waiver, amendment or modification of these Terms shall be valid, enforceable or binding upon HVE US unless expressly agreed to in writing prior by HVE US. Any notice shall be made via Federal Express, United Parcel Service, Certified Mail, Registered Mail, return receipt requested. If any provision herein is invalid, illegal, or incapable of being enforced by reason of any rule of law, statute, regulation, or public policy, then the invalid, illegal or otherwise inappropriate part of such provision shall be deemed deleted, ab initio, and revised to the extent legally permissible to reflect the original intention of the parties and, to the extent reasonably possible, the remainder of such provision and all other provisions of this Agreement shall nevertheless remain in full force and effect. The same shall apply in case of gaps in the contract. If Customer breaches a term hereof, or unsuccessfully brings action against HVE US, Customer shall pay HVE US's costs and expenses, including attorney’s fees. Any and all claim(s) or cause of action arising out of or related to HVE US must be filed within six (6) months after such claim or cause of action arose or is forever barred, both at law and in equity.

Customer expressly agrees that any litigation concerning HVE US, its good(s) or products(s) shall be controlled by Arizona law without application of Conflict of Law provisions as well as venued in a Court in Maricopa County, Arizona.

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