Terms & Conditions
1. Conditions of Use / General Conditions
Welcome to Hirly Arts' Website. ("Hirly Arts," "we," or "us") website, HirlyArts.com (the "site," "store," or "service"). We ask that you abide by the terms and conditions that follow, along with other terms and conditions that may appear on the Site from time to time (collectively, the "Conditions"). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make any changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
2. Data Protection Disclaimers / Privacy & Security
On some pages, you can enter personal or business data (e. g. e-mail addresses, names, postal addresses, etc.). The disclosure of this data is voluntary. If technically feasible and where reasonable, all services offered can be used without disclosing personal information or by use of anonymized data or aliases. Exceptions are forms for ordering publications or other materials, registration forms for events, or accreditation forms. Third parties are prohibited from sending unsolicited information to mailing addresses, phone or fax numbers, or e-mail addresses published on the imprint page or similar pages. We reserve the right to take legal action against anyone violating this prohibition by sending so-called spam.
3. Delivery Terms
For our delivery terms, please refer to our Delivery Policy page.
4. Payment Terms
You agree that you will pay for all products you purchase through the Site and that Hirly Arts may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your customer account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product plus any applicable tax: such tax is based on the bill-to-address and the tax rate in effect at the time you purchase the product.
All sales of products are final.
Prices for products offered via our Site may change at any time, and the Site does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but before shipment, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Hirly Arts.
5. Billing Information Terms and Conditions
We reserve the right to refuse any order you place with us. We may, in 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, the same credit card, or orders that use the same billing and shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address or billing/shipping address so that we can complete your transactions and contact you as needed.
6. Product Information
Occasionally there may be information on our site or in the service that contains typographical errors, inaccurate or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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 any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, 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 refresh date applied in the service or on any related website should be taken to indicate that all information in the Service or any related website has been modified or updated.
7. Liability Limitations
We do not guarantee, represent, or warrant that your use of our online service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without any notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all the products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions 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 case shall Hirly Arts, its officers, employees, affiliates, agents, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using 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 any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
8. Dispute Clause
Any dispute relating to any activity on this Site or the purchase of any product on this Site shall be submitted to confidential arbitration in Guinobatan, Albay, Philippines unless you have in some way threatened or violated our Site's intellectual property rights, whereby Hirly Arts may seek injunctive.
9. Trademarks / Intellectual Property / Copyrights
All trademarks and brands mentioned on the website, including those protected by third parties, are without limitation subject to the provisions under the respective labeling law and the rights of the copyright holder. The sole mention of a trademark on this website should not lead to the assumption that it is not protected by the rights of a third party. The author of the website has the exclusive copyright to all published objects created by him/herself. The reproduction or use of any such graphics, audio documents, video sequences, or texts in other electronic or printed publications is prohibited without the author's express consent.
10. External Links / Third-Party Links
The Site may contain links to third-party websites ("Other Sites") that are not under Hirly Arts' control. Hirly Arts makes no claim and accepts no responsibility regarding the quality, nature, or reliability of the Other Sites that are accessible by hyperlinks from the Sites or links to the Sites. Hirly Arts provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Hirly Arts or Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.
This article was last updated on 24 September 2024