TERMS and CONDITIONS
Notwithstanding any statements on the web pages or herein, these
Terms and Conditions are the agreement between you and Huck Nets (“us”
or “we”). By submitting each order, you confirm and affirm that you have
read, understood and agree to these Terms and Conditions, of the form in
which they appear at the time the order is submitted.
Prices and Ordering
If the price listed on the web pages no longer applies, e.g. as a result
of interim changes to our price list, or should the product not be
available for delivery, we shall inform you after inputting the order,
so that you can choose if you wish to continue with the order under the
changed conditions or abandon the order altogether. With respect to
items sold by us, we cannot confirm the price of an item until you
order; however, we do not charge your credit card until after your order
has entered the shipping process.
Prices are subject to change without notice. Invoices reflect prices
in effect at the time of the shipment.
By submitting a completed order form, you offer to purchase, on and
pursuant to these Terms and Conditions and the order form, the items
that you select and submit to us for purchase via the order form. Your
offer may be accepted by us by sending you an electronic confirmation
that your order has been received and accepted. It shall be in our
discretion to accept or reject your offer. If we accept your offer,
these Terms and Conditions and the order form collectively constitute a
legal agreement between us and you governing your purchase of the
products from us over the online shopping service.
It is your responsibility to promptly notify your bank of any changes
to your billing information, or of any loss, theft, or unauthorized use
of your credit card number. You are responsible for updating your
registration information and your credit card information, as
applicable.
DISCLAIMERS:
THIS SITE IS PROVIDED BY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE
DO NOT PROVIDE ANY ASSURANCES OF THE AVAILABILITY OR USABILITY BY YOU OF
THE ONLINE SHOPPING SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES,
WHATSOEVER, AS TO THE SUBSTANCE, OR THE ACCURACY OR SUFFICIENCY THEREOF,
OF ANY PRODUCT INFORMATION LISTED ON THE WEB SITE. WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE OR AS TO THE PRODUCTS SOLD, THE ONLINE
SHOPPING SERVICES, DELIVERIES, OR OTHERWISE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE
DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL 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.
We do not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free.
Limitation of liability
We shall not be liable to you for any interception of online
communications, software or hardware problems (including, without
limitation, viruses, loss of data, or compatibility conflicts),
unauthorized use of your credit card, or other consequence beyond the
reasonable control of us. Any liability of us, our employees,
affiliates, or agents, to you for damages, losses and causes of action,
whether in contract, tort, or otherwise, either jointly or severally,
shall be strictly limited to the aggregate dollar amount paid by you to
us in the twelve (12) months (or, if less, such shorter period of your
use of the online shopping service) immediately prior to the claimed
injury or damage.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN,
INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING
AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, OR THE PROVISION OF
SERVICES AND SUPPORT. WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU
AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, WE ARE
NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT
INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS
AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT
SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Catalog format
The online catalog is for descriptive purpose only. Dimensions, weight,
and other product characteristics may vary slightly from what is in our
catalog. Due to continual product development, products may vary
slightly. Photos, descriptions, prices and conditions are subject to
mistakes or change without notice.
Payment terms
Your payment for any ordered products and shipping, including sales
taxes and assessments, is due upon completion of your order on-line. We
will charge the payment to the credit card which you submit to us, and
will collect the payment from your bank. You authorize us to make and
collect such charge, and agree to make payment to us if we cannot
collect the charge for any reason. The total amounts you shall pay for
the product per each order shall be the sums of the respective prices
for the items you select and submit via the order form, plus all
applicable sales taxes and shipping charges, as reported to you as in
the order form. Orders must be prepaid. We use PayPal to complete all
on-line purchases. We accept most major credit cards for phone orders.
We do NOT ship UPS COD. A finance charge of 1.5% per month will be
applied to all delinquent accounts. You are responsible for sales and
other taxes associated with the order.
Shortage
All shortage claims must be placed within thirty (30) days from original
shipment in order to be considered.
Damages
Loss or damage that occurs during shipping is your responsibility.
Damages for freight claims must be placed with the carrier. Be certain
to inspect all shipments for shortages and damages prior to signing for
the shipment. If this is not done we will not be able to help you
later..
Return policy
Please call toll-free 877-HUCK-NET (877-482-5638) to notify us of
returns, and you will be given a return merchandise authorization
number. All items must be returned within fifteen (15) days of purchase
date and accompanied with information from the original invoice or
packing list. Items must be returned in their original packing, clean
and in salable condition. The consumer is chargeable for the shipping
expenses. All items are subject to a 10% restocking fee. No
returns on special order items!
Shipping & handling
Consumer is responsible for all shipping costs, including tax and duty.
Shipments under 150 pounds will usually be shipped by UPS GROUND.
Shipments of 150 pounds or more will be shipped via UPS or by common
carrier which ever is most economical. For faster delivery of stocked
items, we can ship UPS Next Day or Second Day Air. Shipping dates are
estimates only.
UPS shipments will be charged a $5.00 handling fee.
Truck shipments, unless freight collect, will be
charged a $15.00 handling fee.
Orders shipped via US Postal Service will be charged a $15.00
handling fee.
Retention of Title
All sales are final unless arrangements are made to be returned within
fifteen days. Title to products passes from us to you on shipment from
our facility.
Protection rights
We reserve copyright and ownership over all designs, articles, catalog
illustrations, product take up in the Internet, drawings, sketches and
other documents. Any use or copying by third parties requires our
express permission, even when this is not expressly legally
protected.
Data protection / System safety
We save and process your data only in so far such information is
necessary to conduct our business and do so in a manner permissible
under data protection. You have the right to reject the sending of
further advertising material at any time. Send your objections to
nets@hucknet.com. Our clearing
process is concluded by PayPal
.
Export orders
Export orders count as an inquiry, answered by a quotation. Any country
specific import duties are to be borne by the customer. In those
countries where Manfred Huck GmbH has partners or franchise
arrangements, we reserve the right to pass on your order to our local
partner who will immediately send you a quotation or an order
confirmation.
Other business conditions
If one of the above trading conditions should be rendered invalid, all
other conditions remain valid and will logically form a corresponding
agreement. Other agreements must be in written form.
APPLICABLE LAW
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES HEREUNDER, AND/OR
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING
FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH,
TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM
THIS AGREEMENT, OUR ADVERTISING, OR ANY RELATED PURCHASE SHALL, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF
THE STATE OF CONNECTICUT, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE IN
ANY STATE OR FEDERAL COURT IN THE STATE OF CONNECTICUT.
Communications
We shall conclusively presume that online communications received from
you through your use of the online order form and registration process
are accurate, complete, and authorized by you as received by us. You
agree not to contest the validity and binding legal effect of those
communications.
Changes to Terms and Conditions
We reserve the right to, from time to time, with or without notice to
you, in our sole discretion; amend these Terms and Conditions for use
and purchases regarding the online shopping services. Any amendments
by us will be effective only as to orders you place subsequent to our
revisions of these Terms and Conditions on the web site to reflect the
amendments. It is your responsibility to review these Terms and
Conditions prior to submitting each order and we have no responsibility
to notify you of any changes prior to effectiveness of the changes or
otherwise.
Terms and Conditions Govern
These Terms and Conditions, as amended from time to time, shall be the
sole terms of the agreement between you and us regarding your online
purchases. All statements otherwise made on the web site are intended
only for your convenience and do not form and are not included in the
terms for your purchase.
Taxes
If you become aware of any unpaid sales taxes or other amounts with
respect to any purchases, you must expeditiously report this to us and
you must timely pay such taxes or amounts.
Right to Refuse Service
We, in our sole discretion, reserve the right to refuse service to
anyone, with or without cause or reason.