Return and Refund Policy
Here is Hamelin's Return & Refund Policy:
TERMS OF SALE
These Terms of Sale apply to your purchase of Hamelin Brands Inc. (“Hamelin,” "we," or "us") products directly from us online (the “Products”) through our website and mobile application (collectively, the “Site”).
YOU AGREE TO THESE TERMS OF SALE BY PLACING YOUR ORDER. THIS IS A BINDING AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PLACE AN ORDER.
Hamelin reserves the right to update and change these Terms of Sale effective upon posting of the updated Terms to the Site. You are advised to check the Terms of Sale from time to time for any updates or changes that may affect you.1. Pricing
Unless otherwise indicated, all prices, fees, and other amounts included on the Site are in U.S. dollars and do not include any applicable taxes or shipping costs, for which you are responsible.
2. Placing and Order
Hamelin strives to communicate accurate pricing and Product information but will not be held responsible for any pricing, typographical, or other errors in on the Site and/or in our communications.
Placing an order in your shopping cart does not guarantee the availability of the Product. All orders are subject to availability and confirmation. Payment must be received prior to our acceptance of an order, and we reserve the right, but have no obligation, to confirm the credibility of all payment transactions. We reserve the right to decline your order in the event that we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, or we do not have the item in stock.
We do not sell Products through our Site to persons under the age of 18 unless you have the permission of a parent or legal guardian as you have to have a credit or debit card to complete your order. If you are under the age of 18, you should ask an adult to make the purchase on your behalf.
You must create an account to place an order through the Site. You are responsible for maintaining the confidentiality of your login and password and for restricting access to your account. You agree to accept responsibility for all orders placed and activities that occur under your account or password.
4. Return and Exchange Policy
All sales are final. Unfortunately, we are not able to accept Product returns. We do allow exchanges of items made within thirty (30) days of the initial sale. If you return an item for exchange, you are responsible for the associated shipping and delivery costs. If you purchased an item from an outside retailer and would like to return or exchange the item, please contact the retailer directly for their policy. We are not responsible for any products not purchased directly from Hamelin through the Site.
We currently accept payments for orders through our Site via debit card and credit card (Visa, American Express, MasterCard, Discover, JCB, and Diners Club). All payments are processed by our third party service provider. Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of the credit/debit card rejects authorization of payment to us, we will not be held liable for any delay, non-delivery, or cancelation of your order.
6. Sales Tax
We charge sales and shipping tax where required by the applicable law, in which event such tax will be added to the order amount.
All shipments are handled either by USPS, UPS, or FedEx. A shipping, handling, and insurance charge is added to each order. The total delivery time for your order is based on the processing time and shipment method selected. Once processed, your order will ship as indicated on the order. Our shopping bag is currently configured for customers billing and shipping within the United States and Canada only, and we are unable to process or ship orders outside of the US and Canada.
8. Product Descriptions
Product images are subject to change. Some items may appear larger or smaller than their actual sizes, and are not shown to scale. The item descriptions indicate approximate dimensions. Also, please note that because computer monitors have different settings, colors and sizes may vary. If you have any questions regarding the size, color, or any other physical aspect of a particular Product, please contact us at email@example.com. However, Hamelin does not warrant that Product images or descriptions are accurate, complete, reliable, current, or error-free. If a Product is not as described on this Site, your sole remedy is to return it in unused condition, for an exchange or refund, as solely determined by us.
9. Products Not For Resale
The Products are available for purchase by consumers only and not for commercial use, resale or export.
10. Limited Warranty; Disclaimer
Hamelin warrants to the original purchaser only that the Product purchased from the Site is free from defects in workmanship and material under normal and intended use. Hamelin’s obligation under this warranty is limited to replacement or repair, at our option, of any Product that does not confirm to this limited warranty, provided that you must give us written notice within thirty (30) days from receipt of the defective Product. This warranty does not apply to any Product that has been misused or damaged due to negligence, accident, or otherwise, or any alterations to the Product.
Additionally, you have thirty (30) days from receipt of your order to notify Hamelin of any missing, incorrect, or damaged portion of your order, which we will correct or replace, at our option, or we cannot be held responsible or liable for these issues.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER EXPRESSED AND IMPLIED WARRANTIES, WHICH WE DISCLAIM. REPRESENTATIONS OR PROMISES INCONSISTENT WITH OR IN ADDITION TO THIS WARRANTY ARE UNAUTHORIZED AND SHALL NOT BE BINDING ON HAMELIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
11. Limitation of Liability
HAMELIN DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL HAMELIN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR SIMILAR DAMAGES, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE NATURE OF THE CLAIM. IN NO EVENT SHALL HAMELIN BE LIABLE TO ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, HAMELIN IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
12. Governing Law
You agree that these Terms of Sale, any order or purchase through the Site, or any claim, dispute, or controversy (whether in contract, tort, or otherwise) between you and Hamelin arising from or relating to these Terms of Sale, or the interpretation, breach, or validity thereof, are governed by the laws of the State of Massachusetts, without regard to conflicts of law.
13 .Dispute Resolution and Binding Arbitration
YOU AND HAMELIN ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Any claim, dispute, or controversy (regardless of the cause of action or nature of the claim) between you and Hamelin, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you or Hamelin in connection with your purchase, or arising from or relating in any way to your order or purchase, the Products, these Terms of Sale, or the interpretation, breach, termination, or validity thereof, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Sale is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (“AAA”). Arbitration proceedings shall be governed by this provision and the applicable procedures of AAA. You agree to an arbitration on an individual basis and agree to hereby waive any right to pursue any class action or collective claim or action. Regardless of any law to the contrary, any claim against Hamelin must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. If any provision of this arbitration provision is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced, but in no case shall there be a class arbitration. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
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If you have any other questions or concerns don't hesitate to contact us: https://www.hamelin.store/pages/contact