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WEBSITE TERMS AND CONDITIONS

Access to and use of this website hsseashells.com (“Website”) is provided by HS Seashells (“HS”), subject to the terms of these Website Terms and Conditions and the information on the Website (“ Terms and Conditions”).

By using this Website, you agree to be legally bound by these Terms and Conditions and the Privacy Policy, which shall take effect immediately on your first use of this Website.

These Terms and Conditions also govern the supply of the following services via the Website (the “ Services ”): The sale of products from our website.

If you do not agree to be legally bound by the following terms, do not make use of the Services.

Use of Website

These Terms and Conditions govern your access to and use of the Website. No additions to or modifications of these Terms and Conditions shall be effective unless accepted by HS in writing. HS may modify these Terms and Conditions by posting an updated copy on the Website from time to time. By continuing to use the Website you agree to the amended Terms and Conditions.

You will not use the Website for any purpose that is unlawful or prohibited.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the Internet.

The Website and its content (including without limitation the Website design, text, graphics, photography) and all software and source codes connected with the Website are protected by copyright, trademarks, patents and other intellectual property rights and laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of HS.

HS has the right to terminate your access to the Website (in whole or in part) at any time, without notice, for any reason. HS may also at any time, at our sole discretion, discontinue the Website or any part thereof without prior notice and you agree that HS shall not be liable to you or any third party for any termination of your access to the Website.

User Account, Password and Security

You will be required to provide certain information and register a username and password for use on this Website. You are responsible for maintaining the confidentiality of the username and password and for all activities which take place under your account.

In no event will HS be liable for any direct, indirect or consequential loss or loss of profits or loss of goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

HS has taken reasonable measures to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your communications and personal information can never be guaranteed. HS has no control over the practices of third parties (e.g. website links to this Website, third-party sponsors or third parties who misrepresent themselves as you or someone else).

You agree that HS may process your personal information that you provide to it for the purposes of providing products and services to you and (with your consent) sending marketing communications to you, and that the Privacy Policy set out on this Website governs our collection and processing of your personally identifiable information.

Ordering Requirements

Initial orders and re-orders have a minimum requirement of $150. There is a $15 handling fee for Post Office orders. Minimum quantities must be met when ordering each item to receive the respective price break. When placing an order, be sure to state the item number, quantity desired, and the description of the item ordered. Always use your customer I.D. when ordering or corresponding.

Terms

All orders must be prepaid by credit card, unless you have been approved for credit and we have a signed and completed Credit Application from you. We require a minimum order of $250 to process credit. We accept all major credit cards.

Shipments

Shipping and insurance charges will be added to your invoice as all merchandise is shipped F.O.B. Fort Lauderdale, Florida. THE CARRIER IS YOUR AGENT AND CLAIMS MUST BE MADE DIRECTLY BY YOU TO THE CARRIER. Our liability ceases after we have the carrier's signed bill of lading of receipt. Our customer service department will make every effort to assist you when necessary.

Returns and Shortages

Our merchandise is not sold on approval or subject to return for credit or exchange. No merchandise will be accepted unless a return authorization number is issued. Any returns we approve will incur a 10% restocking fee, and you will pay shipping both ways. Shortage claims must be made within (5) days after your receipt of the shipment.

Limitation of Liability

HS has taken reasonable steps to ensure the reliability of the content of the Website and Services. HS disclaims to the fullest extent permitted by applicable law all warranties, conditions, guarantees, representations and statements (either express or implied and whether by statute or otherwise) that the Website or Services or any part of the Website or Services are accurate, available, correct.

The nature of Internet communications means that this Website may be susceptible to data corruption, interception, non-availability and delays. The Website may also be unavailable from time to time due to repairs, maintenance or development work. You agree that HS has no obligation to provide support for the Website.

<p">Use of the Website is at your own risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty or guarantee of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. HS makes no warranty that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

To the extent permitted by law, HS, its directors, employees or other representatives will not be liable for any loss or damage (whether direct or indirect or consequential loss) whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with your use of the Website or Services, whether caused by negligence or otherwise, although we do not limit or exclude our liability for death or personal injury resulting from our negligence.

If you are dissatisfied with the Website or any content or materials within it, your sole exclusive remedy is to discontinue your use of the Website.

You agree that any unauthorised use of our Website and/or any related materials as a result of your negligent act or omission could result in irreparable injury to HS, and HS shall treat any requests for Services made through such unauthorised use as legitimate requests subject to these Terms and Conditions.

Trademarks

You shall not commit any act which causes or may cause damage or loss to the reputation of HS or any trademarks owned by HS or an affiliate of HS.

Provisions relating to these Terms and Conditions

HS may at any time, without your consent, assign all or any part of its rights, benefits and/or obligations arising pursuant to these Terms and Conditions to a third party.

If any provision of the Terms and Conditions is held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms and Conditions shall not be affected.

The Terms and Conditions constitute the entire agreement between the parties relating to the subject matter of the Terms and Conditions, superseding all prior agreements or undertakings, oral or written.

No failure to exercise nor any delay in exercising any right under the Terms and Conditions shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right under the Terms and Conditions shall prevent any further or other exercise thereof or the exercise of any other right.

Nothing in these Terms and Conditions constitutes, or will be deemed to constitute, a partnership between us nor will it constitute, or be deemed to constitute, either of us as the agent of the other of us for any purpose.

No person who is not a party to these Terms and Conditions shall have any right to enforce any term of these Terms and Conditions.

If you wish to communicate with HS, please click on the “Contact Us” Icon on the Website for our contact details.