These E-Commerce Terms and Conditions supplement H&J Liquidation and Closeout Inc. Terms and Conditions of Use and apply to your purchases on the hjcloseouts.com website and any other Web sites under the control of H&J Liquidation and Closeout Inc., however such websites are accessed and/or used, whether via personal computers, mobile devices or otherwise, and other interactive features, applications (including mobile applications) or downloads that are operated by us that are made available by us (“web site”). This web wite is owned and operated by H&J Liquidation and Closeout Inc. (“company”) (“we” and “us”). BY PURCHASING GOODS AND SERVICES ON OUR WEB SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE E-COMMERCE TERMS OF USE, AS WELL AS ANY ADDITIONAL TERMS OF USE THAT MAY BE ASSOCIATED WITH THE PARTICULAR GOODS AND SERVICES YOU ARE PURCHASING (COLLECTIVELY, THESE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT PURCHASE THE GOODS AND SERVICES FROM OUR WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS WILL APPLY RETROACTIVELY.
Order Eligibility. You may only purchase products and services which appear on this web site and are delivered to an address located in the United States. You may only purchase products and services for personal use by you, your educational institution or students of the educational institution. We may limit quantities or refuse any order that we have reasonable cause to believe is for onward sale or resale other than through distribution channels approved by us. We make no promise that products and services available on the Web Site are appropriate or available for use in locations outside the United States (“territory”), and purchasing goods and services for territories where their contents are illegal or unlawful is prohibited. If you choose to purchase goods and services from locations outside the territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this web site.
Pricing. Details of the products and services available for purchase are set out on the Web Site. All prices are displayed exclusive of all taxes or shipping/freight charges. Shipping charges, including charges for expedited shipping (if available), are detailed on the Web Site. We will also collect and remit sales tax on your purchase as required by United States law. If you are a tax-exempt entity, please enter the appropriate information where requested on Your order form and we will not collect sales tax on your purchase. Except where noted otherwise, the price displayed for products and services on our Web Site represent the full retail price listed on the product or service itself. Despite our best efforts, a small number of the items on our Web Site may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Items in your Shopping Bag reflect the current price displayed on the item’s product details page. Please note: This price may differ from the price displayed when the item was first placed in your Shopping Bag.
Paying for Your Order. You may pay for your orders with our electronic digital coupons and with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, and American Express®. Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm store availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your credit card issuer for more information. If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products are sold for private, home use (where no admission fee is charged), non-public performance, or classroom or instructional use and may not be duplicated.
Shipping Limitations. When an order is placed, it will be shipped via UPS Ground to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Return and Exchange Policy. You may return or exchange a product purchased from this Web Site in the event that the product is defective or you received the wrong product within 14 days of receipt, by calling our customer service hotline, 1-800-875-7712. Except for the foregoing, You may not return, cancel or exchange any product or service. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law. In the event that the return or exchange is due to an incorrect order or faulty product, we will be responsible for the shipping costs associated with such return. We will ship a replacement product upon receiving Your defective or incorrect product.
Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products or services included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Chemicals, Agricultural Materials, and Other Hazardous Materials. Certain products we offer may include chemicals, agricultural materials, or other material that may be subject to regulations or restrictions with respect to import or export or to whom we may sell such material or where and how such material may be used. It is your responsibility to read and abide by all warning notices that accompany any products that you purchase. In addition, we reserve the right to request additional information from you, verify your identity, to limit sales to certified educational or research institutions, or to cancel or delay your order if required by law or if we believe it is necessary or advisable. Due to special shipping and handling requirements, freight companies routinely impose a surcharge on each package of hazardous materials shipped. In such event, we will add such surcharge on your order.
Disclaimer of Warranties and Limitation of Liability. ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND BY US. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE PRODUCT. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCTS AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCTS OR SERVICES. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY WHO USES THE PRODUCTS AND SERVICES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR COVER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES. OUR LIABILITY SHALL BE LIMITED IN THE AGGREGATE TO YOUR DIRECT DAMAGES UP TO THE FEES PAID BY YOU TO US FOR THE AFFECTED PORTION OF THE PRODUCT OR SUPPORT SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONSEQUENCES OF ANY UNAUTHORIZED USE OF THE PRODUCTS OR SERVICES THAT VIOLATES ANY APPLICABLE LAW OR REGULATION.
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.