OVERVIEW
This website is operated by Heariva Throughout the website, the terms “we”, “us” and “our” refer to Heariva. Heariva offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, guidelines and notices set forth herein.
By visiting our website and/or purchasing anything from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including these additional terms and policies referenced herein and/ or accessible via hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, sellers and/or contributors of content.
Please read these Terms of Use 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 Use. If you do not agree to all the terms of this Agreement, you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current Store shall also be subject to the Terms of Use. You can review the most recent version of the Terms of Use on this page at any time. We reserve the right to update, change or replace parts of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of changes constitutes acceptance of those changes.
Our store is hosted by 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 TERMS
By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence, or that you are of legal age in your state or province 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, by using the Service, may you violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit worms or viruses or codes of a destructive nature.
Violation 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 to provide services to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transmitted unencrypted and involve (a) transmission over different networks; and (b) changes to accommodate and accommodate technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over the network.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part 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 our express written permission. .
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 the information available on this website is not accurate, complete or current. The material on this website 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 current sources of information. Any reliance on the material on this site is at your own risk.
This website may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to change the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We are not liable to you or any third party for any changes, price changes, suspensions or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and may only be returned or exchanged in accordance with the Returns Policy.
We have made every effort to display the colors and images of the products displayed in the store as accurately as possible. We cannot guarantee that your computer monitor's display of any colors will be accurate.
We reserve the right, but have no obligation, to restrict the sale 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 quantity of any products or services we offer. All descriptions of products or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service offered on this site is void where prohibited.
We do not guarantee that the quality of products, services, information or other materials 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 orders you place with us. We may, at 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, same credit card and/or orders using the same billing and/or delivery address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number you provided when 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 in our store. You agree to update your account and other information, including your email address, credit card number and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please review our returns policy.
SECTION 7 - OPTIONAL TOOLS
We may give you access to third-party tools over which we neither monitor nor have any control or 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 have no liability whatsoever arising out of 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 agree to the terms under which the tools are provided by the applicable third party provider(s).
We may also in the future offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these terms of use.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may contain material from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for investigating or evaluating their content or accuracy, and we do not warrant and will have no responsibility for any third-party materials or websites, or for any other third-party materials, products or services.
We are not responsible for any damages or injuries related to the purchase or use of goods, services, resources, content or other transactions made in connection with third party websites. Please read the third party's policies and practices carefully and make sure you understand them before entering into 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 entries (such as contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise ( collectively, 'Comments'), you agree that we may at any time without limitation edit, copy, publish, distribute, translate and otherwise use any Comments that you forward to us. We are and shall be under no obligation (1) to maintain 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 any content that, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms for use. .
You agree that your Comments will not violate any third party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain defamatory or otherwise illegal, offensive or obscene material, or contain any computer virus or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false email 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 and 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 subject to our privacy policy. To view our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Sometimes there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, 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 information in the Service or on any related website is inaccurate at any time without notice (including after you submit your order). . We undertake no obligation to update, change 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 update date used in the Service or on any related website shall be taken to indicate that any information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USE
In addition to other prohibitions set forth in the Terms of Use, it is prohibited to use the Site or its Content: (a) for any illegal purpose; (b) soliciting others to perform or participate in illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, defame, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to send false or misleading information; (g) to upload or transmit any virus or 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 any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, spoof, 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 guarantee that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that we may from time to time remove the Service indefinitely 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 own risk. The Service and all products and services provided to you through the Service are provided (except as expressly provided by us) 'as is' and 'as available' for your use, without any representation, warranty or condition 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 event shall Heariva, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damage, loss, claim or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, compensation costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the Services or products acquired through use of 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, errors or omissions in any Content, or any loss or damage of any kind arising as a result of the use of the Service or any Content (or Product) posted, transmitted or otherwise manner made available via the service, even if they are informed of their possibility. Because some states or jurisdictions do not allow the exclusion or 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 - REMEDIES
You agree to indemnify, defend and hold harmless Heariva and our parent companies, 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 resulting from your violation 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 - DIFFERENCE
In the event any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such provision shall not affect the validity and enforceability of other remaining provisions.
SECTION 16 - TERMINATION
The parties' obligations and liabilities accruing prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service apply unless and until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you stop using our Site.
If, in our sole judgment, you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts owed to and with the date of termination; and/or consequently may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any guidelines or operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals. , whether oral or written, between you and us (including, but not limited to, previous versions of the Terms of Use).
Ambiguities in the interpretation of these terms of use shall not be interpreted against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of the Slovenia.
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You can review the most recent version of the Terms of Use on this page at any time.
We reserve the right, at our sole discretion, to update, change or replace parts of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our Site or Service following the posting of changes to these Terms of Use constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the terms of use should be sent to us at info@heariva.com