TERMS & CONDITIONS
Welcome to the John Hardy USA Inc. (“John Hardy”) Website (“Site”). Please carefully read the following Terms and Conditions before using the Site. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions may be updated from time to time. Accordingly, you should check the date of the Terms and Conditions (which appears on this page) and review any changes since the last version. If at any time you do not agree to these Terms and Conditions, please do not use this Site, order any products from this Site, or provide us with your personal information.
This Site is not intended for children. If you use this Site to register an account, purchase a product from us, participate in or enter into online surveys, sweepstakes or contests, or provide us with your personal information for any purpose, you affirm that you are at least 18 years of age.
THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION/BINDING ARBITRATION” REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST JOHN HARDY. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND WAIVE YOUR RIGHT TO ASSERT A CLAIM ON BEHALF OF A CLASS. THE “DISPUTE RESOLUTION/BINDING ARBITRATION” SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
John Hardy reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. John Hardy reserves the right, at its sole discretion, to limit the quantity of items purchased if they appear to be placed by dealers, resellers or distributors. In the event that a product is listed at an incorrect price, John Hardy shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, John Hardy will promptly issue a credit to your credit card account in the amount paid at the incorrect price.
John Hardy endeavors to adhere to any stated delivery dates. However, such dates are estimates only and John Hardy shall not be liable for loss, damage, or expense resulting from any delay whether such circumstances are beyond John Hardy’s control or otherwise.
All content and materials on the Site, such as text, graphics, logos, button icons, images, audio clips and software, are owned, controlled or licensed by John Hardy and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site is strictly prohibited.
4. OUR RIGHT TO USER CONTENT
All trademarks, logos, service marks and trade names are proprietary to John Hardy or other respective owners that have granted the Site the right and license to use such intellectual property.
6. THIRD PARTY WEBSITES
You may be able to link to third party Websites, services or resources on the Internet from the Site, and third-party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "as is" basis without warranties of any kind. To the maximum extent permitted by law, all representations and warranties, express or implied, with respect to such information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance are disclaimed. In addition, the company and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. John Hardy is not responsible for typographical errors. Price and availability information is subject to change without notice.
8. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOHN HARDY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NON-CONTRACTUAL FAULT, WARRANTY FOR HIDDEN DEFECTS OR OTHERWISE, AND WHETHER OR NOT JOHN HARDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF JOHN HARDY ARISING OUT OF THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE SUM OF THE PURCHASE PRICE FOR THE RELEVANT PRODUCT(S) YOU PURCHASED.
NOTHING IN THESE TERMS AND CONDITIONS WILL EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR ANY DAMAGES CAUSED BY OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE TERMS AND CONDITIONS SHALL ALSO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
9. Applicable Law
By visiting this Site, you agree that any dispute, claim, action, cause of action, issue or request for relief between you and John Hardy arising out of or relating to these Terms and Conditions, your visit to this Site, or to products purchased on or through this Site (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and we irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in New York County, New York for all Disputes that are heard in court.
10. DISPUTE RESOLUTION / BINDING ARBITRATION
You and we agree to submit all Disputes to confidential arbitration in the State of New York on an individual and purely bilateral, non-class/non-representative basis. Arbitration on an individual basis is the exclusive remedy for any Disputes that might otherwise be brought on a class, collective, or representative basis between you and John Hardy. YOU AND WE WAIVE OUR RIGHT TO A JURY TRIAL.
This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You and John Hardy shall select a mutually agreeable arbitrator from the AAA. If we cannot agree within thirty (30) days after a request for arbitration is submitted, a single arbitrator will be selected by the AAA. Unless otherwise precluded by law, you and John Hardy shall each separately pay your or its own attorneys’ fees and costs.
Notwithstanding the above, if the Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, for instance the enforcement or validity of our, or our licensor’s, intellectual property rights, we may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the State of New York.
11. LIMITATION ON DISPUTES
You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute or you waive the right to pursue any Dispute based upon such event or facts forever.
Our failure to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision. A waiver must be in writing and signed by the party giving the waiver.
You agree that if any provision in these Terms and Conditions is found to be invalid, unenforceable, or void, that provision shall be struck and the remainder of these Terms and Conditions shall remain in full force and effect consistent with applicable law. However, in the event the provisions waiving or precluding class arbitration proceedings are found to be invalid, unenforceable or void for any reason, the entire agreement to arbitrate shall be void.
Effective Date: 26th September, 2022