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Terms & Conditions for HexClad
1. Introduction
Welcome to HexClad’s official website , operated by HexClad cookware LLC . These Terms & Conditions govern your access to and use of the Website, including the purchase of products, use of services, and interaction with content available on the Website.
By accessing, browsing, or using the Website, or placing an order for products (the “Products”) through the Website, you (hereinafter referred to as “you” or “User”) acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as our Privacy Policy, Payment Policy, and Return Policy (collectively, the “Policies”). If you do not agree with any part of this Agreement or the Policies, please do not access or use the Website.
This Agreement applies to all Users, including visitors, customers, and anyone who interacts with the Website. We reserve the right to modify this Agreement at any time, and such modifications will be effective upon posting the updated version on the Website. Your continued use of the Website after modifications are posted constitutes your acceptance of the revised Agreement. We encourage you to review this Agreement regularly.
2. Eligibility
To use the Website and purchase Products, you must:
- Be at least 18 years of age (or the legal age of majority in your jurisdiction);
- Have the legal capacity to enter into a binding contract;
- Provide accurate, complete, and current information when creating an account (if applicable) or placing an order;
- Comply with all applicable laws, regulations, and this Agreement.
We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion if we believe you do not meet these eligibility requirements or have violated this Agreement.
3. Account Registration (If Applicable)
3.1 Account Creation
To access certain features of the Website (e.g., tracking orders, saving payment methods, viewing order history), you may need to create a user account. When creating an account, you agree to:
- Provide true, accurate, and complete information;
- Maintain the confidentiality of your account credentials (username, password);
- Notify us immediately of any unauthorized use of your account or security breach;
- Be responsible for all activities conducted under your account.
3.2 Account Termination
We may suspend or terminate your account at any time, with or without notice, if:
- You violate any term of this Agreement;
- You provide false or misleading information;
- We suspect fraudulent or unauthorized activity associated with your account.
You may also terminate your account by contacting our customer service team. Upon termination, your right to use the Website and access your account will cease, but all obligations incurred prior to termination (e.g., payment for orders) will remain in effect.
4. Product Information and Orders
4.1 Product Descriptions and Pricing
We strive to provide accurate and up-to-date information about our Products, including descriptions, images, specifications, and pricing. However, we do not warrant that such information is error-free, complete, or current. In the event of a typographical error, pricing mistake, or product discontinuance, we reserve the right to:
- Correct the error;
- Cancel your order (with notification to you);
- Offer you the option to purchase the Product at the correct price.
All prices displayed on the Website are in [Specify Currency, e.g., US Dollars (USD)] unless otherwise stated. Prices include applicable taxes (e.g., sales tax, VAT, GST) based on your shipping location, where required by law. Shipping fees, handling charges, and other additional costs will be clearly disclosed during the checkout process before you confirm your order.
4.2 Order Placement and Acceptance
When you place an order on the Website, you submit a binding offer to purchase the Products specified in your order. We reserve the right to accept or reject your order in our sole discretion. Order acceptance is confirmed when:
- We send you an order confirmation email with your order number;
- Payment for your order is successfully processed;
- We ship the Products to you.
We may reject your order if:
- The Product is out of stock, discontinued, or incorrectly priced;
- We detect potential fraud or unauthorized use of payment information;
- Your billing or shipping information is incomplete or inaccurate;
- You violate any term of this Agreement.
4.3 Order Modifications and Cancellations
Once you have placed an order, modifications or cancellations may be requested by contacting our customer service team. We will attempt to accommodate your request if the order has not yet been processed or shipped. However, we cannot guarantee that modifications or cancellations will be possible after order submission. If your order has already been processed or shipped, you must follow our Return Policy to return the Products for a refund or exchange (if eligible).
5. Payment Terms
Payment for all orders must be made at the time of checkout using one of our accepted payment methods, as outlined in our Payment Policy. By submitting your payment information, you authorize us (or our third-party payment processor) to charge the full amount of your order to the payment method provided.
We reserve the right to decline any payment method if:
- The payment is declined by your bank or payment provider;
- We suspect fraudulent or unauthorized use of the payment method;
- The payment information provided is invalid or incomplete.
In the event of a failed payment, we will notify you via email, and you may retry the payment with an updated or alternative payment method within a reasonable timeframe. Failure to resolve payment issues may result in order cancellation.
6. Shipping and Delivery
6.1 Shipping Policy
We ship Products to locations specified on the Website (domestic and international, where available). Shipping times and delivery estimates are provided during checkout and are approximate. We are not responsible for delays caused by:
- Third-party shipping carriers (e.g., USPS, UPS, FedEx);
- Customs clearance procedures (for international orders);
- Weather conditions, natural disasters, or other unforeseen events;
- Incomplete or incorrect shipping information provided by you.
6.2 Shipping Costs
Shipping costs are calculated based on your shipping location, order weight, and selected shipping method. The total shipping cost will be displayed during the checkout process before you confirm your order. We may offer free shipping promotions from time to time, which will be subject to specific terms and conditions (e.g., minimum order value).
6.3 International Shipping
For international orders:
- You are responsible for paying all customs duties, taxes, and fees imposed by your country/region;
- We are not liable for delays or seizures due to customs clearance;
- You must comply with all import regulations and restrictions of your country/region.
6.4 Delivery Confirmation
Once your order is shipped, we will send you a shipping confirmation email with a tracking number (if available). You can use this tracking number to monitor the status of your delivery through the shipping carrier’s website. Risk of loss or damage to the Products passes to you upon delivery. If you believe your order was lost or damaged during shipping, please contact our customer service team within [Specify Timeframe, e.g., 7 days] of the estimated delivery date.
7. Returns and Refunds
All returns and refunds are governed by our Return Policy, which is incorporated into this Agreement by reference. To be eligible for a return or refund:
- The Product must be returned within [Specify Return Period, e.g., 30 days] of the delivery date;
- The Product must be unused, unopened, and in its original packaging, with all tags, manuals, and accessories intact;
- You must provide proof of purchase (e.g., order number, invoice);
- The return must comply with the terms of our Return Policy.
Certain Products (e.g., customized items, final sale items) may be non-returnable or non-refundable, as specified in the Return Policy. We reserve the right to reject returns that do not meet these requirements.
8. Intellectual Property Rights
All content on the Website, including but not limited to trademarks, logos, product names, images, text, graphics, videos, and software (collectively, the “Intellectual Property”), is the exclusive property of HexClad or its licensors. All Intellectual Property rights are reserved.
You are granted a limited, non-exclusive, non-transferable license to access and use the Website and its content for personal, non-commercial purposes only. You may not:
- Copy, reproduce, distribute, modify, adapt, display, perform, or transmit any Intellectual Property without our prior written permission;
- Use the Website or its content for commercial purposes (e.g., reselling Products, scraping content) without our prior written permission;
- Infringe upon any trademarks, copyrights, or other proprietary rights of HexClad or third parties.
9. User Conduct
You agree to use the Website in a lawful and respectful manner. You shall not:
- Use the Website to engage in fraudulent, illegal, or harmful activities (e.g., identity theft, phishing, distributing malware);
- Post, upload, or transmit any content that is defamatory, offensive, harassing, violent, or infringing upon the rights of others;
- Interfere with or disrupt the operation of the Website (e.g., hacking, DDoS attacks, spamming);
- Attempt to access unauthorized areas of the Website or obtain unauthorized information;
- Use the Website to violate any applicable laws, regulations, or this Agreement.
We reserve the right to take legal action against any User who violates these terms, including terminating accounts, reporting to law enforcement, and seeking damages.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- HexClad shall not be liable for any indirect, incidental, consequential, special, or punitive damages (including but not limited to loss of profits, data, or goodwill) arising out of or in connection with your use of the Website or purchase of Products, even if we have been advised of the possibility of such damages;
- HexClad’s total liability for any claims arising out of this Agreement or your use of the Website shall be limited to the total amount you paid for the Products giving rise to the claim;
- HexClad shall not be liable for any damages caused by third-party shipping carriers, payment processors, or other service providers;
- HexClad shall not be liable for any damages resulting from your failure to comply with this Agreement, including but not limited to incorrect information provided by you, unauthorized use of your account, or violation of applicable laws.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such cases, HexClad’s liability shall be limited to the maximum extent permitted by law.
11. Disclaimer of Warranties
The Website and all Products are provided “as is” and “as available” without any warranties of any kind, express or implied. To the maximum extent permitted by applicable law:
- HexClad disclaims all express warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement;
- HexClad does not warrant that the Website will be uninterrupted, error-free, or secure, or that any defects will be corrected;
- HexClad does not warrant that the Products will meet your expectations, be free from defects, or perform as described beyond the manufacturer’s warranty (if applicable).
Any implied warranties that cannot be excluded by law shall be limited in duration to [Specify Duration, e.g., 90 days] from the date of purchase. Some jurisdictions do not allow limitations on the duration of implied warranties, so the above limitation may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless HexClad, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your use of the Website or purchase of Products;
- Your violation of this Agreement or any applicable laws, regulations, or third-party rights;
- Your negligence or willful misconduct;
- Unauthorized use of your account.
13. Third-Party Links and Services
The Website may contain links to third-party websites, services, or content. These links are provided for your convenience only, and HexClad does not endorse or assume any responsibility for the content, privacy policies, or practices of third-party websites or services.
Your use of third-party websites or services is subject to their own terms and conditions and privacy policies. HexClad shall not be liable for any damages or losses arising from your use of third-party websites or services. We encourage you to review the terms and privacy policies of any third-party websites or services before accessing or using them.
14. Governing Law and Dispute Resolution
14.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Specify Jurisdiction, e.g., the State of California, USA], without regard to its conflict of law principles.
14.2 Dispute Resolution
Before filing a lawsuit, you agree to attempt to resolve any dispute, claim, or controversy arising out of or in connection with this Agreement or your use of the Website through good-faith negotiation with our customer service team. If the dispute cannot be resolved through negotiation within [Specify Timeframe, e.g., 30 days], either party may pursue legal remedies as provided below.
For disputes where the total amount in controversy is less than [Specify Amount, e.g., $10,000], the dispute shall be resolved through binding arbitration conducted in accordance with the rules of [Specify Arbitration Body, e.g., the American Arbitration Association (AAA)] or another mutually agreed-upon arbitration body. Arbitration shall be held in [Specify Location, e.g., Los Angeles, California] or another location mutually agreed upon by the parties.
For disputes where the total amount in controversy is [Specify Amount, e.g., $10,000] or more, either party may file a lawsuit in the courts of [Specify Jurisdiction, e.g., the State of California, USA] or the federal courts located in [Specify Location, e.g., the Central District of California].
You waive any right to a jury trial in any dispute arising out of or in connection with this Agreement.
15. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that best reflects the original intent of the parties.
16. Entire Agreement
This Agreement, together with our Privacy Policy, Payment Policy, and Return Policy, constitutes the entire agreement between you and HexClad regarding your use of the Website and purchase of Products. This Agreement supersedes all prior or contemporaneous agreements, understandings, or representations (whether oral or written) between you and HexClad.
17. Assignment
You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement without our prior written permission. We may assign or transfer this Agreement to any third party at our discretion, including in the event of a merger, acquisition, or sale of all or part of our assets.
18. Contact Us
If you have any questions, concerns, or requests regarding this Agreement or the Website, please contact our customer service team.We aim to respond to all inquiries within [Specify Timeframe, e.g., 2-3 business days].