Terms and Conditions
Information Our Lawyers Want You to Read
The terms “we”, “us” and “our” are used to refer to HAIX NORTH AMERICA, INC. (“HAIX”); the terms “you” and “your” refer to the Purchaser (including a User of the site that does not purchase goods). The term “Item” is used to refer to our products or services or both provided under these Terms and Conditions. All shipments, services, sales and quotations between HAIX and Purchaser are subject to these general terms and conditions of sale. They are, therefore, valid for all business transactions between HAIX and Purchaser, even in cases where they are not expressly specified or re-agreed upon.
Purchaser’s order is binding only and immediately upon acceptance in writing (including confirmations via e-mail, fax or similar electronic communications) at the offices of HAIX in Lexington, Kentucky. We reject any terms and conditions in Purchaser’s order which are different from or additional to these terms and conditions or any changes to the order after acceptance, unless expressly approved in writing and signed by our authorized representative.
By making any purchase from us, through our site, you agree to abide and be bound by the terms and conditions of our Terms and Conditions of Purchase, as applicable, along with any other terms and conditions that you agree to in the course of making your purchase. You further agree that you will not make any purchase from us without complying with all applicable laws and regulations, and you warrant that you will not make any purchases through this site where such purchase is prohibited by your local law.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WITH THE EXCEPTION OF THE LIMITED MANUFACTURERS WARRANTY DESCRIBED BELOW, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY HAIX ON AN “AS IS” AND “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HAIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HAIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
THE SELLER ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU ARE BUYING THESE GOODS.
HAIX DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM HAIX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAIX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
1. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THIS SITE, AND ACCESS TO ANY LINKED SITE, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU HEREBY DISCLAIM ALL WARRANTIES BY GD RELATING TO YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE WEBSITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND WEBSITE-RELATED SERVICES.
1. Limitation of Liability
IN NO EVENT SHALL HAIX, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, RESULTING FROM YOUR USE, MISUSE, OR INABILITY TO USE THE WEBSITE, YOUR USE, MISUSE, OR INABILITY TO USE THE SERVICES PROVIDED BY US, YOUR USE, MISUSE OR INABILITY TO USE ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY, HOWSOEVER ARISING, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND THE GD LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR ANY SERVICE RELATED TO ANY DAMAGES SUFFERED BY YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
LICENSE TO USE SITE
HAIX grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HAIX. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HAIX. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HAIX without express written consent. You may not use any meta tags or any other "hidden text" utilizing HAIX's name or trademarks without the express written consent of HAIX. Any unauthorized use terminates the permission or license granted by HAIX. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of haixusa.com and haix.comHAIX.com so long as the link does not portray HAIX, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HAIX logo or other proprietary graphic or trademark as part of the link without express written permission.
Use Solely for Lawful Purposes. The Website may be used for lawful purposes only. Submission, transmission or maintenance of any information or materials in violation of any federal or provincial regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. We reserve the right to refuse service to anyone client without providing reason or cause.
Prohibited Acts. You agree not to knowingly:
i. use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
ii. post or transmit to the Website any unlawful, fraudulent, harassing, libelous, or obscene Information of any kind;
iii. post or send to the Website any Information that contains a virus, bug, or other harmful item;
iv. post or transmit into or on the Website any information in violation of another party’s copyright or intellectual property rights;
v. take any action which imposes an unreasonable or disproportionately large load on our infrastructure;
vi. redeliver any of the Content using “framing”, hyperlinks, or other technology without express written permission;
vii. use any device or technology to provide repeated automated attempts to access password-protected portions of the Website; or
viii. alter or change any materials or distribute, publish, transmit, reuse, re-post or use the content of the Website for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the materials is strictly prohibited and is a violation of the rights of us and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
(a) Links to third party sites. This Website may link to other sites not maintained by or related to us. We have not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked Web site is at the user’s own risk.
In consideration of your use of the any services provided on this site, you agree to:
i. provide true, accurate, current and complete Registration Data as prompted by the registration process;
ii. maintain and promptly update the Registration Data to keep it accurate, current and complete. If we have reasonable grounds to suspect that the information you have provided is untrue, not current or incomplete then we have the right to suspend or terminate the services provided to you by us and refuse any and all current or future use of our website;
iii. maintain the security and confidentiality of your password and any other security or access information you may be given by us and to not provide such information to any other person.
iv. be liable for all activities undertaken by you using any service provided by us, including, but not limited to, access to materials on the Internet and use of email. All activities are at your own risk;
v. be liable for any activities that occur under your password or account;
vi. refrain from transferring your account in the Website to any other party without our prior written consent.
vii. refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username or password.
viii. refrain from using another person’s account without permission.
ix. immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Website or the Service or any other breach of security that you become aware of involving or relating to the Site.
x. allow us to send you communications electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfies any legal requirement that such communication be in writing. Any feedback that you provide shall be deemed to be non-confidential.
2. Collection of Personal Information
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. HAIX does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use haixusa.com and haix.comHAIX.com only with involvement of a parent or guardian. HAIX reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
While we attempt to provide accurate information on this Website, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to information on the website, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Website.
You should assume that all materials, designs, text, audio, graphics, user interfaces, visual interfaces, photographs, images, trade-marks, logos, sounds, music, artwork and computer code contained in the Website (collectively, the “Materials”) are copyrighted property of us or related entities. We neither warrant nor represents that your use of these Materials will not infringe rights of third parties unrelated to us.
Trade-marks and Proprietary Materials
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HAIX reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant HAIX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HAIX and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HAIX for all claims resulting from content you supply. HAIX has the right but not the obligation to monitor and edit or remove any activity or content. HAIX takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from HAIX are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
HAIX attempts to be as accurate as possible. However, HAIX does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by HAIX itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself.
With respect to items sold by HAIX, we cannot confirm the price of an item until the item is purchased 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 sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by HAIX. Your purchases from third-party sellers using Marketplace Payments by HAIX are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
HAIX North America, Inc.
2320 Fortune Dr. Suite 120
Lexington, KY 40509
The items purchased by Purchaser are subject to the Manufacturer’s Limited Warranty. We agree to act as the manufacturer’s designated entity to handle any claims against the manufacturer under the Manufacturer’s Warranty. HAIX disclaims any and all express or implied warranties in accordance with the Disclaimer of Warranty and Limitation of Liability above. Any advice regarding product or service selection or suitability for any application is provided solely as a convenience to Purchaser, on an as-is basis and without any warranty (express or implied) and does not constitute a recommendation or suggestion as to any particular product service selection or use for any particular application.
HAIX shall have no liability or be in breach for any failure or delay in performance due to strikes, lockouts, concerted acts of workmen or other industrial disturbances, fires, explosions, floods or other natural catastrophes, civil disturbance or riots, armed conflict whether declared or undeclared, terrorists acts, curtailment, shortage, rationing or allocation of normal sources of supply of labor, materials, transportation, engineering, technical or design difficulties, adverse future government action, energy or utilities, accidents, acts of God, delays of subcontractors or vendors, sufferance of voluntary compliance with acts of government and government regulations, embargoes or any other similar or dissimilar cause which is beyond the reasonable control of HAIX.
APPLICABLE LAW AND VENUE
Any disputes or differences arising out of the sale of Items to Purchaser, including any questions regarding the existence, validity or termination of this document regarding its performance shall first be discussed and negotiated between the parties. If no settlement can be reached, at the request by either party, the dispute shall be finally settled by arbitration under the Commercial Rules of the American Arbitration Association by three arbitrators appointed by the AAA in accordance with such rules.
In the event of any arbitration, the place of arbitration shall be Lexington, Kentucky. Both parties consent and submit to the personal jurisdiction and venue of the trial courts of Fayette County, Kentucky, and also to the personal jurisdiction and venue of the United States District Court for Eastern District of Kentucky for purposes of enforcing this provision. The arbitration shall take place at a time noticed by the American Arbitration Association regardless of whether one of the parties fails or refuses to participate.
Either party may seek injunctive relief or restraining procedures against the other in any court of proper jurisdiction with respect to any breach or threatened breach of this document.
These terms and Conditions shall be governed by the laws of the State of Kentucky without regard to its conflicts of law.
If any provision of this Contract is held illegal or unenforceable by any court or other authority of competent jurisdiction, such provision shall be deemed severed from the remaining provisions of this Contract and shall not affect or impair the validity or enforceability of the remaining provisions of this Contract.
Our failure or delay to insist upon compliance of any term or condition shall not operate as, and is not intended to be, construed as a waiver or amendment of such term or condition or of our right to insist upon compliance with such term or condition or to take remedial steps to recover damages or other relief for non-compliance. Any express waiver of a term or condition will not operate and is not to be construed as a waiver of any subsequent breach irrespective of whether occurring under similar or dissimilar circumstances.
These terms and conditions constitute the entire understanding between the parties and supersede any previous communications, representations or agreements by either party, whether verbal or written, except as may be otherwise set forth in a writing signed by both parties which supersedes this provision. No change or modification of any term or condition shall be valid or binding on either party unless in writing and signed by an authorized representative of the party to be so bound.
The headings are for convenience only and are not to be used in the construction or interpretation of these terms and conditions.
Information in the Website is subject to change without notice. We make no representations that the materials in this Website are appropriate or available for use in other countries aside from Canada. Those who do access this Website from other countries are solely responsible for compliance with local laws of that country.
Violations of Terms and Conditions. Should you violate these Terms and Conditions or any other rights of it, we reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Website. If we should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
(e) Waiver. No delay or omission to exercise any right or remedy accruing to us upon any breach or default by you shall constitute a waiver by us of any breach or default.
(f) Notice. All demands, notices, communications and reports required under these terms and conditions of use directed to us shall be in writing and shall be either sent by email or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to us at the following address:
Mail: Haix North America, 2320 Fortune Drive, Suite #120, Lexington, KY, 40509, USA
Attention: Privacy Officer
E-mail: [email protected]
Any notice hereunder to the User shall be at the most recent email address that has been provided by you to us.
These Terms are effective as of and was last updated on the 6th day of April, 2016.