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Terms of Use

Terms of Use

  1. Legal Notices

Hedgren USA, Inc., a Colorado corporation (“Hedgren,” “we,” or “us”) values its users (collectively or individually, “You” or “Users”) who use the website located at www.hedgren.com and other Hedgren-operated sites, including without limitation any mobile applications related to the website (collectively, the “Hedgren Site”).  By accessing and using the Hedgren Site, you expressly consent to and accept the terms of use set forth herein. Your use of the Hedgren Site shall constitute acceptance of the terms of use set forth herein, as modified by Hedgren at any time and from time to time. Any personal information you provide through the Hedgren Site is subject at all times to the Privacy Policy and these Terms of Use. Hedgren reserves the right to modify these Terms of Use at any time without prior notice.  At the bottom of this page (Section 25), Hedgren will notify you of the date these Terms of Use were last updated.   If you do not agree to the terms and conditions contained herein, you may not use the Hedgren Site.   Before you submit an order, you will be required to confirm that you have read and accepted these Terms of Use. Therefore, prior to submitting an order, it is highly suggested that you save a copy of these Terms of Use.

  1. Age Requirement.

You must be at least 13 years old to use the Hedgren Site. If you are at least 13 but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Hedgren Site.  Please have him or her read this Agreement with you. By granting your child permission to use the Hedgren Site, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Hedgren Site. Even if you are old enough to use the Hedgren Site and/or have your parent's or guardian's permission, some of the content available within the Hedgren Site may not be appropriate for you. Some content may contain mature subject matter. If you are under 18, do not view such content.  We require that all purchases be made either (i) by individuals who are the age of majority and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on the jurisdiction), or (ii) by minors with the permission of a parent or guardian to purchase items on the Hedgren Site.  By using the Hedgren Site, purchasing products from Hedgren or providing Hedgren with any information, you represent to Hedgren that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, that you have the express permission of your parent or guardian and that any information you provide to Hedgren is not inaccurate, deceptive or misleading. 

  1. Trademarks

The Hedgren Site contains certain intellectual property belonging to Hedgren and its affiliated companies, including without limitation many trademarks, trade names, service marks, copyrights and/or logos of Hedgren USA, Inc., a Colorado corporation and HEDGREN a Belgium corporation.   All content included on the Hedgren Site, such as (without limitation) text, graphics, photos, videos, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hedgren or its content suppliers and is protected by both United States and international copyright laws.  You agree that you will not change, modify and/or exploit the marks, nor participate in any activity which modifies and or exploits such marks.  All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.  Access to the Hedgren Site does not authorize you to use any name, logo or mark in any manner.

  1. Your Account; Prohibited Use

If you use the Hedgren Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur under your account or password.

Any use of the Hedgren Site for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and or (v) activities that infringe upon any legally protected property right, etc. By using this web site, you agree that any and all information transmitted to or with the use of the Hedgren Site cannot and shall not be deemed confidential or proprietary. Hedgren reserves the right to monitor transmissions and investigate any alleged prohibited use of the Hedgren Site and to disclose any and all information relating to such prohibited use. Hedgren, its officers, directors, affiliates, employees, agents, partners, subsidiaries and or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action Hedgren determines appropriate under the circumstances.

  1. Third Party Relationships

The Hedgren Site may contain several links to other sites. These links are provided merely to assist the user. These sites are independent of the Hedgren Site and Hedgren does not and cannot control the content and or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by Hedgren. The inclusion of a link does not mean that Hedgren accepts or endorses any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. Hedgren, and its officers, directors, affiliates, employees, agents, partners, contractors and subsidiaries disclaim any and all responsibility/ liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.

  1. Product Descriptions/Content

Hedgren strives to be as accurate as possible with respect to product descriptions. However, Hedgren does not warrant that product descriptions or other content of the Hedgren Site are accurate, complete, reliable, current, or error-free.  If a product offered on the Hedgren Site is not as described, your sole remedy is to return the product in unused condition.   

  1. Promotions; Coupons; Discounts.

We may from time to time extend promotional offers, such as free shipping, percentage discounts, or similar promotional offers by means of coupon or promotional codes.  Such promotions, coupons and discounts apply only to available inventory and only to your next purchase.  We do not offer rain checks.  Promotions, coupons and discounts may not be combined with free shipping offers or any other promotions, coupons or discounts.  Coupons, promotions and discounts may not be applied to the purchase of email gift certificates.  In the event that we offer shipping promotions based on volume purchase thresholds, such amounts are calculated based upon the price of the product(s) once all applicable discounts have been applied.

  1. Warranties & Limitation of Liability

THE HEDGREN SITE IS PROVIDED BY HEDGREN ON AN “AS IS”AND “AS AVAILABLE” BASIS. HEDGREN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HEDGREN SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEDGREN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE HEDGREN SITE, THAT YOUR USE OF THE HEDGREN SITE IS AT YOUR SOLE RISK.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY US IN WRITING.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HEDGREN OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE HEDGREN SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HEDGREN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

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.

  1. Force Majeure

Notwithstanding any other provision set forth in these Terms of Use, Hedgren shall not be liable for any failure or delay in its performance due to any cause beyond Hedgren’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts, financial hardships, market fluctuations and technology malfunctions; provided, however, that Hedgren shall use reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

  1. Indemnification

You hereby agree to indemnify, defend, and hold harmless, Hedgren, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners and subsidiaries from and against all claims, actions, suits, demands, costs and damages (including reasonable attorney’s fees and costs) asserted by any third party as a result of your use of the Hedgren Site. Hedgren has the right to control any defense pertaining to this section at the sole cost and expense of the User.

  1. Relationship

Nothing in these Terms of Use is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.

  1. Contract Formation

Once an order is submitted to Hedgren using the Hedgren Site, it is deemed that the customer has agreed to, and is bound by, the Terms of Use herein described.  The contract between you and Hedgren for the order of any products will only be binding after acceptance by Hedgren of the order submitted. Such acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to the customer at the time Hedgren sends the e-mail of confirmation to the customer that the product is available and has been shipped. This confirmation will be sent at the e-mail address the latter has entered during the ordering process (whether the customer receives that e-mail or not). For the avoidance of doubt, any such contract will be deemed to have been concluded in the City and County of New York. Hedgren may, in its sole and absolute discretion, refuse to accept an order for any reason including the fact:

 

  • That the product is no longer available on the Hedgren Site, or inventory has been exhausted;
  • There is an error relating to the price or the description of the product on the Hedgren Site;
  • There is an error or a lack of precision in the information provided by the customer in the submitted order;
  • Any other reason as determined by Hedgren in its sole and absolute discretion.

 

Specifically, regarding product availability, the inclusion of any product on the Hedgren Site does not guarantee that this product will be available at the time the order is submitted.

  1. Prices/Shipment Charges; Tax

Hedgren reserves the right to modify the price of the products at any time. The prices applicable will be those in effect at the time of acceptance of an order. All prices will be denominated in U.S. Dollars. Prices quoted in the Hedgren Site are exclusive of shipping charges, taxes and other fees.  In states where Hedgren has no physical presence, Hedgren is not required to collect and remit sales tax for purchases on the Hedgren Site.  However, some states may require that their residents file a sales or use tax return for items purchased on the Hedgren Site. We recommend that you consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In some states, Hedgren collects and remits sales tax. For those purchases where sales tax is applicable, you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Hedgren uses reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but Hedgren does not guarantee the accuracy of the amount of the tax Hedgren represents to you as the tax owed.  Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local tax holidays, the timing of rate changes or the application of certain taxes to categories of items we sell.  As a result of any error, Hedgren may overcollect or undercollect your tax. In consideration of Hedgren allowing you access to and use of the Hedgren Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless Hedgren, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.

  1. Payment

The available payment methods are displayed on the Hedgren Site.

Payment terms may be agreed in writing only on the conditions stipulated at that time.

If a credit card is selected as payment method, the conditions of the relevant credit card issuer will apply. Hedgren is not a party to the relationship between any User and the credit card issuer.

The Customer will pay all reasonable judicial and extrajudicial expenses of any nature whatsoever, including collection costs, that Hedgren incurs due to the User’s failure to fulfil the payment obligations agreed to upon checkout.

  1. Delivery

Hedgren delivers to customers who have an address in Albania, Argentina, Australia, Austria, Belgium, Bosnia & Herzegovina, Brazil, Canada, Colombia, Croatia, Czech Republic, Denmark, Egypt, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Indonesia, Israel, Italy, Ireland, Japan, Luxembourg, Macedonia, Malaysia, Mexico, New Zealand, Norway, Panama, Philippines, Poland, Portugal, Romania, Russia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, the Netherlands, Turkey, Ukraine, United Kingdom, United States and Vietnam.

Hedgren will ship, or have a third-party ship, orders that have been accepted by order of receipt in a reasonably timely manner. If delivery cannot be made within such time or cannot be made at all, Hedgren may, in its sole and absolute discretion, terminate the order and contract to fulfill the order, and provide a full refund to the User. You agree that Hedgren will not be liable for any loss or damages whatsoever arising from or alleged to arise from any delay or termination of delivery. Unless a longer delivery term is agreed, Hedgren will fulfil the order within 30 days. If the order cannot be fulfilled within 30 days, Hedgren will inform the User accordingly, and the User will have the right to cancel the order at no cost. Once the order leaves our warehouse an automated e-mail will be sent by UPS or other postal carrier to the User’s e-mail as provided to Hedgren via the Hedgren Site, which email may contain certain information related to the delivery.

  1. Returns/Right of Withdrawal

You shall be obliged to inspect the products (or have them inspected) immediately after receipt. With regard to products purchased from the Hedgren Site, you may, if accepted by Hedgren, return the purchase without giving any reason within 14 business days of delivery of the product(s) provided that the product(s) have not been used, damaged, altered or in any other manner devalued, and only if the original tags not have been removed. As soon as a product is delivered to the User, it becomes the User’s property and the User is responsible for any loss or damage that could occur to it thereafter.

You agree that in the case of a return as outlined above, you will return the item upon using the return document provided by Hedgren. You will inform Hedgren of your decision to cancel the purchase within the strict time limit of 14 days of delivery by sending by e-mail at the address E-Store@hedgren.com or by registered letter at the address Hedgren USA, Inc. 5500 Flatiron Parkway, suite 105, Boulder, CO 80301. Once you have sent such email, you have the obligation to return the product in the same condition as it was received within the 14 business days. The return shipping costs are at the expense of the User. Any refunds issued to the User will be made in a manner provided by Hedgren within 21 days after receiving the return in satisfactory condition.

 

  1. Disclaimer

To the fullest extent permitted at law, Hedgren is providing the Hedgren Site and its contents on an “AS IS” and “WITH ALL FAULTS” basis and makes no representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Hedgren does not represent or warrant that the information accessible via the Hedgren Site is accurate, complete or current. Price and availability information is subject to change without notice. Hedgren assumes no responsibility whatsoever for any links to the internet or other third-party websites from its website. Once you activate these links you will leave the Hedgren Site and Hedgren will not be responsible, or liable, for the content of any other websites on the internet to which you may visit from its site.

  1. Governing Law

These Terms of Use and your use of the Hedgren Site shall be governed by the laws of the State of Colorado, United States of America, without regard to principles of conflicts of law.

  1. Disputes; Jurisdiction

Any dispute relating in any way to your visit to the Hedgren Site, to these Terms of Use, to our Privacy Policy, to our advertising or solicitation practices or to products you purchase through the Hedgren Site shall be submitted to confidential arbitration in Boulder, Colorado, USA.  Notwithstanding the foregoing, in the event that you have in any manner violated or threatened to violate Hedgren intellectual property rights, Hedgren may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado, USA and you consent to the exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

  1. Interpretation, Severability, Waiver, Remedies

Headings are for convenience only and shall not be used to construe the terms of this agreement. No failure or delay by Hedgren in exercising any right hereunder will waive any further exercise of that right. Hedgren's rights and remedies hereunder are cumulative and not exclusive.  If one or more of the provisions contained in these Terms of Use are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these Terms of Use and the balance of these Terms of Use shall be enforceable.

  1. Successors, Assignment, No Third-Party Beneficiaries

These Terms of Use are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Hedgren's prior written consent. No third party shall have any rights hereunder.

  1. Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from Hedgren electronically. Hedgren may provide all such communications by email or by posting them on the Hedgren Site. For support-related inquiries, you may contact us. You may send notices of a legal nature to Hedgren at the following address:

Hedgren USA, Inc, 5500 Flatiron Parkway, suite 105, Boulder, CO 80301

Nothing herein shall limit Hedgren's right to object to subpoenas, claims, or other demands.

  1. Modification, Entire Agreement

These Terms of Use may not be modified except by a revised Terms of Use posted by Hedgren on the Hedgren Site or a written amendment signed by an authorized representative of Hedgren. A revised Terms of Use will be effective as of the date it is posted on the Hedgren Site. These Terms of Use and the Privacy Policy constitute the entire understanding between Hedgren and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

 

  1. User Reviews, Feedback, Submissions, Ideas

For all reviews, comments, feedback, emails, photos, videos, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Hedgren on or through the Hedgren Site, by email or telephone or written correspondence, or otherwise disclosed, submitted or offered in connection with your use of the Hedgren Site (collectively, the “Comments”) you grant Hedgren a royalty-free, irrevocable, fully sub-licensable, transferable right and license to use the Comments in any manner Hedgren desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world at any time.  Hedgren will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you or crediting you in any way.  Hedgren is and shall be under no obligation whatsoever (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you will not violate the terms of this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.   Hedgren shall not be required to regularly review Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant Hedgren the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit.  You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify Hedgren and its affiliates for all claims resulting from any Comments you submit. Hedgren and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

  1. Changes to the Terms of Use

These Terms of Use were last updated on February 20, 2018.  Please check our Terms of Use periodically for changes.

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