Merchandizing terms and conditions

Before you start surfing and shopping, please read our merchandizing terms and conditions (hereinafter “Conditions”).

These Terms and Conditions between You and Hooray Studios Inc., 401 Edgewater Place, Suite 300, Wakefield, MA 01880, USA, Reg. No.: 202268216, Tax number: 82-4516813 (hereinafter “Seller”). The Seller is registered with Tax number: 82-4516813. These Merchandizing Terms and Conditions govern Your use of the Hooray Studios Online Store including placing an offer and purchasing Products from Hooray Studios Inc., unless any special function is accompanied by a separate license, in which case the separate license shall govern.

Introduction

BY ACCESSING OR USING THE HOORAY STUDIOS ONLINE STORE YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT ACCESS AND/OR USE THE HOORAY STUDIOS ONLINE STORE.

Subject to Your acceptance of and compliance with these Conditions, we grant You a personal, limited, non-exclusive, revocable and non-transferable license to use the Website solely for Your personal and non-commercial purposes as set forth in these Conditions.

Before You use our Website or place an Order, if You have any questions relating to these Conditions, please contact hello@hoorayheroes.com.

Definitions

"Hooray Studios or We/Us or Seller" means Hooray Studios Inc., address: 401 Edgewater Place, Suite 300, Wakefield, MA 01880, USA, Reg. No.: 202268216, Tax number: 82-4516813 and its affiliates and subsidiaries;

"Faulty" means afflicted with an error or defect; imperfect or defective;

“Online Store or Store” means the store located on the Website;

"Website" means the website located at https://hoorayheroes.com or any other URL which may replace it;

"You" means a User of the Website;

"Users" means the Users of the Website collectively;

"Agreement" The Agreement shall consist of documents as described in Section “Order acceptance policy”, this Conditions and Privacy Policy. The agreement shall be deemed concluded when You place an Order to purchase the Product/s in accordance with these Conditions and receive the acceptance of Your Order by Us. By entering into this Agreement, You accept to be bound by these Conditions and the Privacy Policy;

“Your Order or Order” means the offer you place via our Store for the purchase of Our Products which shall be binding for Us upon our Acceptance of Your Order;

“Confirmation of receipt of Your Order” means confirmation of receipt of Your Order which shall be sent to You by e-mail promptly upon placing an Order. Confirmation of receipt of Your Order shall include a list of purchased Products, basic information from Product Description, purchase and delivery price;

“Acceptance of Your Order” means acceptance of Your Order which will be sent to You by e-mail after or together with the Confirmation of receipt of Your Order. Acceptance of Your Order constitutes binding Agreement and shall include a list of purchased Products, basic information from Product Description, purchase and delivery price, invoice, delivery information as well as these Conditions.By receiving the Acceptance of Your Order you have successfully placed Your Order and the Agreement between You and Us is deemed concluded.

"Special Conditions" means the terms and conditions in the Product Description as well as any additional conditions that apply to these Conditions;

"Product" means a Product displayed for sale on the Online Store, but especially excluding any books;

"Product Description" means that part of the Online Store where description, including certain terms and conditions in respect of the individual Product is provided;

"Cookies" means small text files which our Website places on Your computer's hard drive to enable information about Your shopping session and to identify Your computer;

"Personal Information" means the details provided by You on registration as well any information regarding behavior on the Website, information on placed Orders and sales and any other information submitted by You to Us.

Access to and use of the Website and Services

You are provided with access to this Website and/or Services in accordance with these Conditions and any Orders placed by You must be placed strictly in accordance with these Conditions. By placing an Order through Website You warrant that You are not a minor, that You are at least 18 years of age and that You have full legal capacity to enter into this Agreement. If You are under 18 years of age or a minor in Your country of residence, or under legal custody, You warrant that You are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

If You are placing an Order for a legal entity, You represent and warrant that You have acquired consent from the statutory representative for placement of such Order.

By placing Your Order, You acknowledge that we may review Your Order and its content for compliance with our policies and these Conditions, and may refuse to process an Order in the event of a breach of these Conditions and applicable policies.

When using the Website, You are responsible for maintaining the confidentiality of Your account and password (if any) and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.

You agree to use the Website in a manner that does not cause harm to Us, other Users or third parties. We reserve the right to terminate or restrict Your access to the Website without prior notice if You violate these Conditions or if You abuse the Website or access the Website to an unusual extent. We are entitled to prevent access to the Website if We have reason to believe that You are engaged in illegal activity or compromise other Users' or Our data security or privacy.

We may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website or offering it to the public at our sole discretion.

You consent to being automatically redirected to localized version of the Store which is closer to Your location, If such possibility exists.

The Website may not be used for any improper or unlawful purpose, or in violation of any applicable laws or licenses. You hereby agree to comply with all necessary instructions that we give you for the purpose of using the website.

Modifications to the Website

We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense.

Modification of these Conditions

We reserve the right to: modify and/or change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website and must not access and/or use the Website.

The most current version of the Conditions is available at https://hoorayheroes.com.

Third party links

To provide increased value to our Users, We may provide links to other websites or resources for You to access at Your sole discretion. You acknowledge and agree that, as You have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Property Rights and Rights of Use

All intellectual property rights (i.e. patents, registered and unregistered trademarks and service marks, domain names, utility models and design rights, copyrights, database rights, photo rights and the rights to computer programs and all computer code) on and of the website and all content and materials that are on the website ("Website Content") are and remain the property of the Seller or its licensors. The content of the website may be used for Your personal, non-commercial purposes only and may not be reproduced, modified, copied, altered, distributed, redesigned, republished, exhibited, transmitted, or sold in any form whatsoever, in whole or in part, and you may not remove any copyright notices or other proprietary designations that are part of the website's content.

The Intellectual Property Rights in Website and the materials on or accessible via it belong to ‘Hooray Studios’ or its licensors. This Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Website). ” Hooray Studios” and the Hooray Studios Logo are trademarks, which belong to “Hooray Studios”, and they may not be used, copied or reproduced in any way without written consent from “Hooray Studios”. All trademarks not owned by Hooray Studios are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. For these purposes “Intellectual Property Rights” includes the following, but is not limited to (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

All information contained on the Website including descriptions of Products, age recommendations, photos, book and previews may differ from the original. The Seller reserves the right to make minor changes in Product descriptions without having to inform customers and visitors.

Unsolicited Ideas and Materials

Every customer and visitor to our Website agrees that he is not entitled to any refund in exchange for ideas, especially because of the possibility that we are already developing such ideas ourselves. If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

• Hooray Studios has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and

• Hooray Studios will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

• Hooray Studios will consider the Submissions to be non-confidential and non-proprietary.

• Hooray Studios shall have no obligations concerning the Unsolicited Materials, including but not limited to, no obligation to return any materials or acknowledge receipt of any Unsolicited Materials or to review the Unsolicited Materials.

• Hooray Studios may use, redistribute, or disclose the Unsolicited Materials for any purpose and in any way, without any compensation to you or any third party.

Feedback

While we cannot accept unsolicited ideas, We are always pleased to receive feedback regarding the existing features of its Products and services. Please only provide specific feedback on existing features, and do not include ideas that our policy will not permit us to accept or consider. Any feedback you provide is deemed to be non-confidential and non-proprietary. We shall be free to use such information on an unrestricted basis, without any compensation to you or any third party.

Orders and specifications

All Products can be purchased if they are available within the Book and Your Order has been accepted by us. We reserve the right to refuse Orders without giving reasons. Your Order is valid only after the receipt of a confirmation of the Order without reservation.

Before submitting the Order, the customer has the opportunity to view the Product preview and is required to accept the preview before proceeding.

The Order confirmation contains details of Your Order and the price. It is Your responsibility to notify Us of any errors or errors in the Order as soon as possible. Otherwise, you may receive a Faulty Order. All details for the delivery time are informative and serve as guidance. The Seller will do everything to ensure that Your Order is delivered on time, but bears no responsibility if the Order is not delivered on time.

While we endeavour to reproduce and describe the inks used on the Products as accurately as possible on our Website, we cannot assure you that the colours supplied will exactly match those displayed on Your monitor or mobile phone due to different display settings. We reserve the right to change a Product on the Website or stop the sale of a Product without informing you. As to Products and services featured on this Website, please note that we make every effort to display as accurately as possible the Products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor or other electronic device will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our Products and services. By ordering specific Book, You can chose and add also other Products from Online Store. As to services featured on this Website, the terms of those service offerings may be specified in a separate General terms and conditions that will be provided to you in connection with the service purchased and will be supplemented by this Merchandizing Terms and Conditions. You must be 18 years of age or older to make any such purchases.

Place an Order

To place an Order, you must follow the Order procedure specified on the Website. Details of the price to be paid for each Product, as well as the payment process, are listed on the Website.

Any times and dates given for delivery are estimates only. We will use our best endeavours to deliver the Products within the specified times, but we will not be liable if the delivery is not made within that time.

By placing an Order through the Website, you are making an offer to purchase the Product and indicating that you accept these Conditions and our General Terms and Conditions. All Orders are only binding upon our acceptance; we are entitled to reject any Order you place. We will send a written acknowledgment of receipt to the e-mail address you enter when placing Your Order, but this confirmation does not constitute acceptance of the Order on our part. We will accept Your offer once we have received full payment from you. We will then send you a confirmation by e-mail; at this time, the Agreement is concluded. Once full payment is received, we will start processing Your Order (herein: »Acceptance of Your Order«). If we are unable to place an Order after accepting the payment, we will refund Your money and cancel the contract.

We may modify or discontinue our Products or services at any time without notice to you, and it cannot be ruled out that Products will become unavailable without prior notice. We accept no liability of any kind if a Product or service is not available.

You affirm that all the information you provide to us for the purpose of purchasing Products through the Website is correct, that the credit or debit card or electronic funds you use are Yours, and that sufficient cash or lending funds are available to cover the cost of the respective Products. If the payment is not received in full, we are under no obligation to supply the Products.

Product Description

Each Product is subject to its Product Description which sets out additional special conditions related to that Product. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered into the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the situation exactly at the moment You place an Order. Should a Product ordered by Us appear to be contrary to the Product Description provided, Your sole remedy is to return the Product(s) under these Conditions. We cannot confirm the price and any other component of Product Description until Your Order is accepted in accordance with Our Order acceptance policy.

Prices, payment and currencies

The prices valid on the day the Order is received by the Seller apply. All prices are in pounds sterling and include the statutory value added tax. Any shipping costs will be shown separately and be clearly stated. All prices and discounts will be clearly visible on the invoice, which all customers receive electronically. Therefore, it is very important that the customer provides a valid e-mail address.

After completing the Order, an invoice will automatically be sent by e-mail regardless of the payment method.

Payment options include: credit card (MasterCard, Visa, American Express) and PayPal.

Credit card and PayPal transfers are processed / executed via the Braintree system. The customer is debited immediately after the completion of the Order. A description of the process can be found here: https://www.braintreepayments.com/.

All Products are paid for via an external payment service provider. You will be asked to provide Your payment information to this external payment service provider and you may also be required to accept additional terms and conditions regarding the use of each service. We cannot assume any liability arising out of or in connection with Your use of any such external payment service provider and, to the extent permitted by law, hereby exclude such liability.

Unless otherwise agreed, all payments are due immediately upon invoicing. The bank account or the credit card account of the customer is debited immediately after the completion of the Order.

You warrant that all information provided to us for the purposes of Your Order and its delivery is accurate, that you have the power to dispose of the chosen method of payment, and that you have sufficient funds or credit at Your disposal to fully pay for the Order.

We are not responsible or liable for any errors of our provider.

Although we make every effort to ensure that the information on this website ("Website Content") is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to change prices or fees at any time without prior notice and may refuse or cancel delivery associated with any misrepresentation of the price or fees. You have obtained a license to use the Website and/or Store and Your rights are subject to this Conditions and Privacy Policy. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorized by Us or Our licensors. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only.

Discounts, promotions and benefits

Various benefits or discounts are not compatible. For a single Order, only one type of discount or benefit can be claimed. The buyer is entitled to a discount only if the Order has been made during the time of the sales promotion. No further discounts can be claimed on an already reduced price. Unless otherwise stated, discount codes only apply to a single Product and are not valid on past purchases. Discount codes are valid for as long as they are promoted in the footer of Our marketing e-mail or in Our Facebook ads.

To redeem a discount code, add an item to Your shopping cart and, when prompted to enter any discount codes (under “Promo Code”) in the first stage of the checkout process, simply enter Your code and be sure to click “Save”.

We can change the price of each Product up until the time an Order is placed.

Despite our best endeavours, certain Products listed on the Website may not be priced correctly or may increase in price between Your Order and our acceptance of Your Order. We will normally verify the prices as part of our handling procedures so that if the Product price is lower than the price quoted on the Website, we will charge you the lower price when shipping the Product. If the correct price of a Product is higher than the price stated on the Website, we will normally, at our sole discretion, either contact you to ask how you would like to proceed or cancel Your Order and notify you of such a cancellation so that you can, if you so choose, place a new Order at the correct price. If an inaccurate price quote is obvious and unmistakable such that you should have recognised it in good faith as the wrong price, we are in no way obligated to provide you with the Product at the wrong (lower) price.

Quoted prices are exclusive of all sales taxes imposed by any governmental authority on any amounts payable by the Buyer. The Buyer shall be responsible for all such taxes. If the Seller is committed to collecting and disposing of tax, this tax will also be reflected in Your invoice. Sales taxes are based on where the Product is sent, and as such may vary. The invoice will be issued with the shipping costs for the shipping service you have selected.

Delivery

The Products you Order will be delivered to the address specified in Your Order.

Shipping and delivery times may vary depending on the Product, its availability, the country of delivery, carrier's terms and other possible practical factors. Please bear in mind that the stated shipping and delivery times are averages, but not guarantees. In case of holiday rushes, We reserve the right to add a few additional days to the shipping times.

The usual delivery method is, unless otherwise expressly agreed, a shipment of the Products with the delivery services of UPS or FedEx. Once You place an Order, You accept the terms and conditions of a selected carrier

UPS Corporate Headquarters

55 Glenlake Parkway, NE

Atlanta, GA 30328

United States

FedEx Corporation

942 South Shady Grove Road

Memphis, TN 38120

United States

Delivery options

Expected time of delivery:

FedEx Deluxe - Delivery in 5 Working Days

UPS AIR - Delivery in 6 working days

UPS Ground Residential - Delivery in 9 working days

We endeavour to process Your Order and manufacture the Ordered Product within the specified period. However, the Production times may vary, and it should be noted that the delivery times given are not binding. According to these Conditions, the adherence to the delivery time is not a contractual obligation. We therefore assume no liability for damages or expenses that you have suffered due to delays in the delivery of Your Order.

You must inspect the Products for defects immediately upon delivery. In the case of a delivery of the Products by a carrier service, you are required to sign the required delivery confirmation. The signature on the document serves as proof that Your Order has been delivered to you without obvious defects or damage. Acceptance of the Order may be denied on the grounds that it is Faulty. If the Ordered Products have been delivered damaged or with defects, you are obliged to notify us in writing immediately and not later than 24 hours after the delivery of the allegedly defective or damaged Product and to personally sign the Notification (available here) or have it signed by a representative. Please see terms and conditions under Section on Damaged Products for further detailes.

We reserve the right to deliver Your Order in multiple parts. If the Order is delivered in several parts, each delivery establishes a separate contractual relationship. You therefore have no additional costs.

You must be able to receive a delivery so that the package can be delivered. If this is not possible, a new delivery date can be agreed upon with UPS or FedEx. If you have not picked up the package or unwillingly refuse to accept the Order, we are not obliged to refund you the purchase price nor are you entitled to claim the purchase price.

Acceptance of delivery

If you receive the Product(s), you must examine it for any errors and deviations from the contractual agreement before confirming with Your signature that these Products are in good condition. If you confirm with Your signature that the Products are in good condition, you confirm that the Products and/or goods are in an acceptable condition. All packages for which no signature is given, but which are accepted, shall be deemed to have been accepted as if their good condition had been confirmed with a signature. If you see any signs of damage on the package(s), please sign that the package arrived damaged. Otherwise, beyond Your statutory rights, we cannot refund or substitute the Product.

You must be present at the delivery date to accept the delivery as the courier will try to re-deliver not more than two times and the Products will then be returned to us at Your expense. If the delivery is rejected due to a faulty address or if the Products are returned, you will be charged for the return shipping costs.

Risk and property

Upon delivery to the agreed address, the risk of loss and deterioration of the Order passes to you. Notwithstanding the passing of risk, ownership of the Order will not be transferred to you until the purchase price and any other amounts due in connection with this or any other Order have been paid.

Return, refund and cancellation right

An Order can only be revoked in the following cases:

(a) if we do not deliver the Ordered Products within 30 days of the end of the day following Your Order;

(b) in the delivery of defective Products. The revocation must be made as soon as possible after the discovery of the defect or damage. The prerequisite is that you have checked the Product immediately after delivery, but in no case later than 24 hours after receipt of the Product;

(c) as described in detail under Section Guarantee, termination of the Agreement and return policy.

If an Order is revoked in accordance with (a) above, we shall be responsible for all sums paid (including shipping costs for the original delivery and any replacement) with respect to the Order in question.

The revocation must be communicated by e-mail to hello@hoorayheroes.com. As a precaution, it is specified that Conditions, except in the case of defects or errors of the Product, do not grant any right of revocation for Products which by definition have been made and customised according to Your wishes after 24 hours of their being placed.

The Products must be returned to us in their original packaging. As a precaution, keep the original packaging.Your statutory rights remain unaffected by this provision.

Guarantee, termination of the Agreement and return policy

We have a 14 days “no quibble returns guarantee”. We hope You will be pleased with Your purchase. Should You wish to return Product bought from Us, We will be happy to refund or exchange a Product provided it is in fully resalable condition. Fully resalable condition shall mean that the Product is unused, in perfect condition and in its original undamaged packaging with all materials (manual etc.). We reserve the right to withhold the refund of payment until the Product(s) is/are returned. You will be solely responsible for any costs related to the return of the Product back us, the Product should be sent to the address provided by Us to you, upon delivered Notification (available here). Please note that You are entitled to terminate this Agreement if You so wish, provided that You exercise Your right no later than fourteen (14) days after the day on which You received the Product or last of the ordered Products. You can terminate the Agreement by notifying Us via e-mail hello@hoorayheroes.com and/or via notification available here. You should state Your Order number and name/s and amount/s of the Product/s and return the Product/s within fourteen (14) days after placing notice of termination. The Agreement shall be considered terminated when the Product(s) is/are returned. The return of Products shall be at Your risk. Your only cost upon termination within the deadline shall be the charges of returning the Product to Us. We will refund Your payment within fourteen (14) days following return of the Product. If You miss the deadlines, You lose the right to terminate the Agreement without reasonable cause. If You return the Product within the deadline for termination without cause, such return shall be deemed as termination of the Agreement. You are fully responsible for any deterioration in or diminished value of the Product resulting from Your handling of the Product (weather by Your action or omission) other than what is necessary to establish the nature, characteristics and functioning of the Product.

If We find that the Product has not been returned to us in fully resalable condition, we reserve the right to refuse a refund on the Product, or deduct up to 20% of the original selling price from the refund amount. Where the returned Product was from a pack of bundled Products the Products will be refunded at 25% off its normal list price.

If Your return brings Your order total below the threshold for free or discounted delivery, You will be charged the full delivery cost for the remaining Products. We reserve the right to retain PayPal refunds where the refund is not through our fault.

Please note that Your right to return Products does NOT apply to Products which fall into the following categories unless they are Faulty:

• Products made to Your specification

• PDF files as these cannot be returned

• Products ordered especially for You from a third party supplier.

Please bear in mind that You can only use Your right according to this Section “Guarantee, termination of the Agreement and return policy” when the Product is not in any way damaged. In case of damages to the Product, Section “Damaged Products” and the rights stated therein shall apply.

Other than stated in this Section, we offer no other guarantees or post purchase assistance.

Damaged Products

Products are presumed to be in conformity with the Agreement if they: (a) comply with the Product Description; (b) are fit for the purposes for which goods of the same type are normally used; (c) show the quality and performance which are normal in Products of the same type and which You can reasonably expect, given the nature of the Product and taking into account any public statements on the specific characteristics, particularly in advertising or on labeling.

We shall be liable for any lack of conformity which exists at the time when the Product was delivered to You. In the case of a lack of conformity, You must notify us immediately, but not later than within two (2) months after such finding, by e-mail hello@hoorayheroes.com and/or by notification. You should clearly state reasons for non-conformance, Your Order number, picture or the video of the Product, and return the Product to Us only after Our confirmation. The address for product return will be send to You upon Our confirmation. If the non-conformance was not caused by Your acts or omissions, We shall repair or replace the Product free of charge, unless this is impossible or disproportionate. You can either terminate the Agreement and We will refund the purchase price or We can mutually agree on a reduction in the price. You are not entitled to have the Agreement rescinded if the lack of conformity is minor. The right in this Section will not be applicable if You (or any third party under Your control) have caused non conformity of the Product by Your actions or omissions or if non conformity has appeared after two (2) years from the delivery.

If You find a damaged Product please inspect the packaging to determine whether it was damaged in transit. If this is the case please e-mail us via hello@hoorayheroes.com within 24 hours, it is important that You keep the packaging in which We sent it to You, and it is helpful if You shall send us a photograph and/or video of the damage to the item and the packaging. Your rights shall be as stated in Section "Damaged Products".

Other than stated in this Section, we offer no other guarantees or post purchase assistance.

Cancellations

If You refuse to pay any fees due, the Agreement shall be automatically deemed terminated by Us. If You elect to refuse to accept the package, we will exercise the option (where applicable) to cancel the shipment and terminate the Agreement.

If there are any costs associated with the return of the shipment to Us, it will be Your responsibility to pay these charges (that will include but not be limited to any duties and taxes owed, storage fees charged by the customs office where the shipment is being held, brokerage, shipping, handling and restocking fees etc.), except as otherwise provided in Section “Guarantee, termination of the Agreement and return policy”.

Disclaimer and limitation of liability

Although we make every effort to ensure that information on this website ("Website Content") is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to make changes to the Website Content or the Products, pricing or fees described herein at any time without notice. Website Content may be out of date and we assume no obligation to update that content. We will use the necessary expertise and care in providing for the Website. Certain Website Content may come from third parties. We point out that we do not assume any warranty or responsibility for the accuracy, completeness, timeliness or reliability of such Website Content.

Unless otherwise provided in these Conditions, this website and the Website Content displayed on it are therefore in their present condition and without any express or implied (by customary, custom, legal provisions, etc.) representations or warranties of any kind. To the extent permitted by law, we disclaim all other terms, conditions, warranties, and representations (including, without limitation, any implied warranties as to the suitability of the website or the Website Content for any purpose). Website Content will not violate the rights of third parties.

We make no representation that the website or the Website Content or any functions of the website will be available uninterrupted or error-free, that errors will be corrected or that the website or the server that provides access to it will be free of viruses or other harmful content. We neither guarantee nor warrant that the website or Website Content will meet Your needs. We also make no warranty or representation with respect to the use or results of the use of any Website Content in terms of its completeness, accuracy, timeliness, reliability or other characteristics.

We cannot be held responsible for the security of, or any disruption to, the website of any kind. The same conditions apply to the loss or corruption of materials posted through the website, as well as the loss or falsification of materials or data downloaded from the website to a computer system.

Liability

We warrant that all Products purchased through this site are of satisfactory quality and suitable for the purposes for which Products of this type are ordinarily supplied.

To the extent permitted by law, We disclaim all other express or implied terms, representations and warranties (as may be implied by common law, custom, law, etc.).

We are not liable for any damage or loss that you incur when Ordering a Product as a result of a breach of this contract by Us.

You expressly agree that you are using this website and Website Content at Your own risk.

Subject to the above provisions, you agree that we cannot be held liable in the following cases:

(a) in case of immediate losses, claims or damages; (b) for indirect losses, claims or damages, as well as for punitive, special, incidental or consequential damages of any kind which are not directly related to the incident which was the cause of the claim; or (c) in the event of loss of profit, loss of savings or the falsification of data (direct or indirect), regardless of whether or not they arise out of contract liability, tortious liability (including negligence), strict liability or directly or indirectly (i) from any use of this website or Website Content, (ii) from any of these terms and conditions, (iii) from any of the Products, (iv) in the event of a failure or delay in the use of any part of the website, the Website Content or services, including but not limited to the unavailability of the website, Website Content or services, regardless of the duration of the period of unavailability, (v) from any use of or reliance on Website Content or other information, materials, software, Products, services or related graphics obtained through the website ; in all of these cases, the disclaimer applies even if we have been warned about the possibility of such loss or damage.

We shall not be liable for any loss, damage or expense (including lost profit) arising directly or indirectly from the default of fulfillment of the principal obligations under these Terms and Conditions if based on events or circumstances that arise beyond our control; these include, in particular, strikes, labour disputes, power failures, breakdowns, state action and force majeure.

According to local laws, liability may not be excluded or limited. In this case, the above limitations or exclusions of liability do not apply to you.

Due to the inherent risks of using the Internet, we cannot be held responsible for any damage or virus attack on Your computer equipment or other property that has occurred while using the website.

Because of the risks inherent on the Internet, we cannot be held responsible for any damage to Your computer equipment or other equipment, or for viruses that infest this equipment while using or navigating the website. Please note that you download or otherwise obtain Website Content from the website at Your own risk.

You agree that you accept responsibility for any damage to Your computer system or loss of data resulting from the downloading or purchasing of such website content.

Indemnification

You agree to indemnify us and our parent companies, affiliates and our respective officers, directors, employees, owners, intermediaries, contractors, partners, informants and licensors in respect of any claims, damages, liabilities, costs and expenses (including attorney's fees) (whether they were predictable or preventable) incurred or suffered by any other party, as well as any claim or legal action arising out of or in connection with Your use of the website, the Website Content or the services offered by the website, Your behaviour in connection with the website or the services offered or in connection with other users of the website, any purchases, transactions, actions or arrangements with a third party through the website or on the website of a third party or in relation to the violation of these General Terms and Conditions or any law or right of a third party arise or threaten to give, indemnify, defend and indemnify.

Choice of Law

This Agreement is concluded in English language. Any disputes arising out of or related to these Conditions shall shall be governed by and construed in accordance with the Massachusetts law without regard to its conflicts of law rules. Parties consent to exclusive jurisdiction of Massachusetts courts, without regard to its choice of legal rules and without regard to conflicts of legal principles.

Claims

You can receive general information by sending an e-mail to hello@hoorayheroes.com.

Any information, claims, requests and notices can be sent by e-mail on hello@hoorayheroes.com, and will be treated as stated in this Conditions and/or Privacy Policy. We will endeavor to reply within eight (8) days after the submission of Your claim. If non-conformance of the Product is obvious, We will endeavor to fulfill Our obligation within eight (8) days following Your claim.

If Your claim is denied and You have a legal right according to Your local law to submit the dispute to local authorities (excluding courts), You may do so, otherwise the dispute shall be settled with alternative dispute resolution procedure by CEDR, Centre for Effective Dispute Resolution International Dispute Resolution Centre, 70 Fleet Street, London, EC4Y 1EU, United Kingdom for EU Customers or by American Arbitration Association for US Customers.

For US customers

The Parties shall attempt to resolve any dispute between them informally before initiating arbitration proceeding. Any controversy or claim arising out of or relating to this Terms, or the breach thereof, shall be settled by consumer mediation administered by the American Arbitration Association (hereinafter referred to as AAS) under its mediation rules. If controversy or claim arising out of or relating to this Terms is not settled within 60 days of commencement of the mediation or within such further period as the parties may agree in writing, it shall be settled by arbitration administered by the AAS under its Arbitration Rules for the resolution of consumer-related disputes and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrators' decision shall be final and binding for both parties. The procedure shall be carried out in English language. The parties shall mutually agree on one arbitrator. Consumers are not prohibited from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction. All information regarding AAS and procedures are available on: http://www.adr.org.

Completion

We may remove the Website at any time at our sole discretion and for any reason, or discontinue the provision of any services available through the Website. We may terminate Your access to the Website for any reason, at our sole discretion, with or without notice to you at any time.

The right to deny services

We reserve the right that, in exceptional cases, if the Products will not be delivered. As an exception, technical restrictions apply to the personalisation of a Product or customer payment risk level, which is based on the decision of the seller. The Seller has the right to cancel the Order if he cannot receive a confirmation of the purchase by the customer by phone or e-mail. The seller is obliged to inform the customer about the non-delivery via e-mail or telephone. If the customer has not provided any correct personal information, the Seller is under no obligation to inform him. The seller shall not be liable for any loss, damage or expense resulting from any failure or delay in the performance of its obligations which were caused by an event or circumstance beyond its control.

Privacy

We will only use personal information that we obtain from you in accordance with our Privacy Policy. These policies are an integral part of these Conditions, and it is important that you read them. For the collection of data, advertising and the use of cookies, please refer to our privacy policy available at Privacy Policy.

Our Website uses cookies/advertising IDs for the purpose of advertising. This enables us to show our advertisements to visitors who are interested in our Products on partner websites, and emails. Re-targeting technologies use Your cookies or advertising IDs and display advertisements based on Your past browsing behavior. You can opt-out of interest based advertising by visiting the following websites: http://www.networkadvertising.org/choices, http://www.Youronlinechoices.com.

We may share data, such as technical identifiers derived from Your registration information on our Website or our CRM system with our trusted advertising partners. This allows them to link Your devices and/or environments and provide you a seamless experience across the different devices and environments that you use. To read more about their linking capabilities, please refer to their privacy policy listed in the above-mentioned platforms or listed under Cookie policy.

Limitation of liability and warranties

While We use reasonable endeavors to verify accuracy of any information We place on the Website, We shall not be responsible for and We disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any third party, as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any information contained on the Website, Your personal information or material and information transmitted over our system. In particular, neither We nor any third party or data or content provider shall be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. In addition, We do not make any warranty or representation that information on the Website or Store is appropriate for use in any jurisdiction.

Except as expressly provided in these Conditions, We disclaim any and all warranties of any kind, whether express or implied to the fullest extent permissible under applicable law.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-Agreement or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

• any loss of goodwill or reputation; or

• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

This Section does not affect Your statutory rights as a consumer, nor does it affect Your Agreement Cancellation Rights.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement and the Term

These Conditions together with General Terms and Conditions and Privacy Policy and any Specific Conditions govern Our relationship with You and concluded Agreement. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not in any way affected by these Conditions. The Term of this Conditions shall commence on the date You start using the Website and shall end on date You stop using the Website and/or the Agreement is fulfilled or We terminate this Conditions and Privacy Policy, whichever is earlier.

Last updated: June 1, 2020