SHOPHMTX TERMS AND CONDITIONS OF SALE FOR THE U.S.

By placing an order on shopHMTX.com, you agree to the terms and conditions of sale below (“Terms of Sale”).  These Terms of Sale apply to your use of this website, any associated mobile sites, services, applications, or platforms including our pages on third party social media platforms such as Instagram, Facebook, Twitter and any other websites or apps we own or run from time to time (“Sites”). The Terms of Sale will govern orders placed on our Sites and will constitute an agreement between HMTX Industries LLC as Seller (“Seller”) and you as Buyer (“Buyer”) of products (“Products”) sold on the Sites. Seller and Buyer are identified collectively as the Parties. Please read through these Terms in conjunction with our Terms of Use and Privacy Policy prior to using our Sites. When these Terms of Sale mention “shopHMTX,” “HMTX,” “we,” “us,” or “our,” it refers to HMTX Industries LLC, the owner of the Sites. If you use any of our services, we will refer to you using the terms “user”, “visitor”, “you”, “your” or “yours” in these Terms of Sale. Seller may amend these Terms of Sale at any time by posting updated Terms of Sale on its Sites.

These Terms of Sale prevail over any of Buyer's general terms and conditions of purchase in all cases. Fulfillment of Buyer's order for Products does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms of Sale.

 

PRIVACY STATEMENT

Our Privacy Policy explains how we collect, store and use personal information about you when you access our website, shop with us or otherwise provide your personal information to us. These terms will apply regardless of how our Sites are accessed and will cover any technologies or devices by which HMTX makes the Sites available to you. 

 

TERMS OF SALE

By placing an order, you are offering to purchase a product on and subject to the following Terms of Sale. All orders are subject to availability and confirmation of the order price.

 

1. ORDER ACCEPTANCE AND CANCELLATION

• After placing an order, you will receive an email from us acknowledging that we have received your order. If you need to cancel your order for any reason, you can do so by contacting us within 48 hours of placing your order. Once an order is shipped, you will receive an email notice with tracking information.
• Seller reserves the right to withdraw any products from the Sites at any time and/or remove or edit any materials or content on the Sites. Seller will not be liable to you or any other third party by reason of our withdrawing any product from our Sites, removing or editing any materials or content on the Sites or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt.

 

2. QUANTITY LIMITATIONS AND AVAILABILITY

• Seller reserves the right, in its sole discretion, to limit your orders to a maximum dollar value or maximum quantity per product.
• All orders for Products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we will send you an email advising you that we are unable to fulfil your order or one of our Customer Service team will contact you.
• The quantity of any shipment of Products as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence to the contrary.

 

3. PRICES

• Whilst we try and ensure that all details, descriptions and prices which appear on our Sites are accurate, errors may occur. If we discover an error in the price of any Products which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If the price of a product is incorrect, then we reserve the right to cancel your order and refund to you the amount that you paid.
• Prices do not include shipping and handling, or sales taxes, if applicable, which will be added to your total price unless otherwise indicated. Buyer is responsible for all sales taxes and customs. The cost of Products may fluctuate. All prices advertised are subject to such changes.

 

4. SHIPPING

• It is Buyer’s responsibility to provide Seller with accurate information at the time of order. Seller shall not be liable for any mistakes arising from inaccurate or incomplete information provided by Buyer. Seller is not responsible for loss of goods from shortages, damages or transit delays. Any claims for damage in shipment, misdelivery, loss of the Products or other damage shall be the responsibility of and filed by Buyer. Any delivery dates we provide you either on the Sites or in any communications (e-mails, order confirmations, etc.) are estimates only. Please review this additional information regarding Shipping & Delivery.

 

5. US ONLY

• The Products are intended for sale in the United States only, and accordingly, we will only ship to addresses within the United States.  You agree to comply with any U.S. or foreign laws relating to the export, re-export, transfer or resale of the Products.

 

6. RISK OF LOSS AND TITLE

• Risk of loss or damage to any physical products you purchase will pass to Buyer when Seller ships it from one of its warehouses. However, the Products shall remain the property of Seller until such time as Buyer has paid the agreed price (together with any accrued interest) and all other amounts owed to Seller.

 

7. INSPECTION AND REJECTION OF NONCONFORMING PRODUCTS

1. 1. Buyer shall inspect the Products promptly following delivery. Buyer will be deemed to have accepted the Products unless it notifies Seller of any Nonconforming Products or transit losses no later than seven (7) days following delivery and furnishes such written evidence or other documentation as required by Seller. Such notice can be given by contacting our Customer Care team using our Contact Us form. "Nonconforming Products" means only the following: (i) product shipped is different than as specified in Buyer's purchase order; or (ii) product's label or packaging incorrectly identifies its contents.
   2. If Buyer timely notifies Seller of any Nonconforming Products, Seller shall, in its sole discretion, (i) replace such Nonconforming Products with conforming Products, or (ii) credit or refund the Price for such Nonconforming Products, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. With Buyer’s cooperation, Seller shall arrange for the return or disposal of the Nonconforming Products.  If Seller exercises its option to replace Nonconforming Products, Seller shall, after receiving Buyer's shipment of Nonconforming Products, ship to Buyer the replacement Products in accordance with these terms.  Buyer acknowledges and agrees that the remedies set forth in this Section 7(b) are Buyer's exclusive remedies for the delivery of Nonconforming Products.

 

8. RETURNS AND DAMAGED PRODUCTS

• Seller will accept return requests for purchases of products of saleable quality returned in the original saleable condition within one hundred and twenty (120) days from the date of order.  Please review the additional information regarding our Returns Policy.
• In the unlikely event that you have received the wrong products from us or that the products are faulty or damaged in any way please contact our Customer Service team at 1-866-843-8453.

          Exceptions to Return Policy:

• If you wish to return a Product that came with a free promotional item, all items must be returned together to get a full refund. If you wish to keep the promotional item you will be refunded the cost of the Product minus the full value of the promotional item. Shipping and handling fees from your original order will not be refunded unless the return is due to Seller’s error (defective item/damaged).

 

9. PAYMENT TERMS

• You may pay using Visa, MasterCard, American Express credit/debit cards or PayPal. Your credit/debit card payment will be made through a secure website. All payments are subject to authorization by the card issuer. Card payments are subject to validation checks and authorization by your card issuer. If your card issuer fails to authorize the payment to us, we will not be liable for any delay or non-delivery, and may not be able to form a contract with you or we will not be able to proceed with your order. Seller must receive full payment for the order at the time the order is processed and before the product is dispatched.

 

10. CHARGEBACKS, FRAUD PREVENTION AND VOID TRANSACTIONS

• For your protection, shopHMTX may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.
• We may preauthorize or charge your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line.

 

11. END-USERS ONLY

• shopHMTX.com is intended only for end-user customers who will use Products for personal, household, family, or bona fide business use. If we determine that you are in the business of reselling products, then, in addition to any other remedies available to us, we may charge you for the full amount of any promotional value or rebate that was applied to the purchase or granted to you at any time after the purchase.

 

12. THIRD PARTY RIGHTS

• Buyer shall indemnify Seller against any and all liabilities, claims and costs incurred by or made against Seller as a direct or indirect result of the carrying out of any work required to be done on or to the Products in accordance with the requirements or specifications of the involving any infringement or alleged infringement of any rights of any third party.
• If at any time any allegation of infringement of trademark, patent, copyright or design rights is made in respect of the Products or if in Seller’s reasonable opinion such an allegation is likely to be made, Seller may at its option and at its own expense (a) modify or replace the Products without detracting from overall performance thereof, so as to avoid the infringement; or (b) procure for Buyer the right to continue to use the Products; or (c) repurchase the Products at the price paid by Buyer less depreciation at such rate as is applied by Seller to its own equipment.

 

13. LIMITED WARRANTY

1. 1. Except as specified above, the only warranty applicable to Seller’s products purchased by Buyer is specified in Seller’s warranty policy in effect at the time of sale, which may be found at our Warranty page. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED AND NOT APPLICABLE TO THE SALE OF PRODUCTS CONTEMPLATED BY THESE TERMS. 
   2. Products manufactured or supplied by a third party ("Third-Party Products") may be sold together with the Products. Third-Party Products are not covered by Seller’s warranty referred to in this Section. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

14. LIMITATION OF LIABILITY

• IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

15. INDEMNIFICATION

• Buyer shall reimburse, indemnify, defend and save Seller and its assignees, successors, permitted assigns and affiliates, and each of its and their respective officers, directors, equity holders and managers (each, an “Indemnified Party”) harmless from and against any damages, suits, claims, liabilities, costs, expenses, including reasonable attorneys’ fees, fines, penalties and/or sanctions arising, including from third parties, directly or indirectly out of (i) any breach of Buyer’s covenants, representations, warranties, undertakings or obligations hereunder, (ii) any additional or modified warranty, representation or agreement made by Buyer that does not comply with the published Products warranties and (iii) any contamination of or damage to the quality, condition or packaging of the Products caused by Buyer, except to the extent attributable to gross negligence, willful misconduct or bad faith of any Indemnified Party. Seller shall not settle or otherwise compromise any claims of a third party against any Indemnified Party without such Indemnified Party’s prior written consent.

 

16. COMPLIANCE WITH LAW

• Buyer shall comply with all applicable laws, regulations, and ordinances, including licensing and permitting. Buyer shall comply with all export and import laws of all countries involved in the Sale of the Products. Buyer assumes all responsibility for shipments of Products requiring any government import clearance. Seller may terminate or cancel any open orders for Products in the event that any governmental authority imposes antidumping or countervailing duties or any other duties or penalties on the Products.

 

17. PACKAGING

• Buyer shall meet the cost of any special packaging requested by Buyer or any packaging rendered necessary by delivery by any means other than Seller’s normal means of delivery.

 

18. CONFIDENTIALITY 

• All drawings, designs, specifications and information submitted by Seller shall be treated as confidential and shall not be disclosed to any third party without Seller’s written consent or used by Buyer other than for the purposes expressly authorized by Seller.

 

19. LICENSES AND CONSENTS

• If any license or consent of any government or other authority shall be required for the acquisition, carriage or use of the Products by Buyer, Buyer shall obtain the same at its own expense and if requested produce evidence of the same to Seller on demand. Failure to obtain any license or consent shall not entitle Buyer to withhold or delay payment of the price. Any additional expenses or charges incurred by Seller resulting from such failure shall be for Buyer’s account.

 

20. INTELLECTUAL PROPERTY

• Seller shall retain all legal rights, title and interest in all intellectual property related to the Products, including but not limited to any copyrights, trademarks and patterns (”Intellectual Property“). Buyer shall not use the Intellectual Property of Seller without Seller’s prior written approval. No license or right to use Seller’s Intellectual Property is hereby implied or granted.

 

21. CONFIDENTIALITY 

• The Parties agree to keep these terms confidential and take reasonable care not to distribute each other’s confidential or proprietary information.

 

22. FORCE MAJEURE

• The Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached its obligations, for any failure or delay in fulfilling or performing any term when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, public health emergency, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce), delays caused by exercise of governmental or civil authority, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

23. SAMPLES

• Any samples supplied to Buyer are supplied solely for information and in no way import any express or implied conditions or warranties as to quality, description, fitness for purpose or merchantable quality and Buyer shall be deemed to have satisfied itself as to such matters prior to ordering the Products.

 

24. TERMINATION

• In addition to any remedies that may be provided under these Terms, Seller may terminate any open orders for Products with immediate effect upon written notice to Buyer, if Buyer: (a) fails to pay any amount when due; (b) has not otherwise performed or complied with any of these Terms, in whole or in part; or (c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.

 

25. HEALTH AND SAFETY

• Buyer agrees to pay due regard to any information supplied by Seller and relating to the use for which the Products are designed or have been tested or concerning conditions necessary to ensure that they will be safe and without risk to health at all times when they are being set, used, cleaned or maintained by any person at work, and Buyer undertakes to take such steps as may be specified by the above information to ensure that as far as reasonably practicable the Products will be safe and without risks to health at all times as are mentioned above.

 

26. SEVERABILITY

• If any provision of these Terms of sale is deemed to be invalid, illegal or unenforceable (in whole or in part), then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Sale will remain in full force and effect.

 

27. RELATIONSHIP OF THE PARTIES

• The relationship between the parties is that of independent contractors. Nothing contained in these terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

 

28. NO FRANCHISE

• The relationship created by Sales of Products covered by these terms are not, and have not at any time been intended by the parties to constitute the granting of a franchise.  No federal or state franchise statute, law, regulation or rule is intended by the parties to apply to such relationship; nor shall any such franchise statute, law, regulation or rule be deemed as construed to apply to the formation, operation, administration or termination of the relationship between the Parties.

 

29. NO WAIVER

• No waiver by Seller of any of the provisions of these terms is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising under these terms or at law operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

30. GOVERNING LAW AND DISPUTE RESOLUTION

• These Terms of Sale as well as any disputes between the Parties will be governed by Delaware law without regard to its rules regarding conflicts of laws.  In the event of any disputes and claims that the Parties cannot amicably resolve, the Parties hereby agree to first attempt to settle the dispute in good faith via mediation, before resorting to litigation. The mediation will be held in Fairfield County, Connecticut and will be conducted by a mediator of Seller’s choice. The Parties waive any rights to a trial by jury in any dispute arising out of or related to the transactions contemplated by these terms. The Parties irrevocably and unconditionally agree that they will not commence any action, litigation, or proceeding of any kind whatsoever against any other Party in any way arising from or relating the Sales of Goods in any forum other than the federal and state courts of the State of Connecticut, Fairfield County. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of in Connecticut.  Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.