Terms of service

Overview

This website is operated by Hausware ("we," "us," or "our"). Throughout the Site, these terms refer to Hausware. By visiting our Site or purchasing from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including all additional terms, conditions, and policies referenced herein. These Terms apply to all users of the Site, including browsers, customers, merchants, vendors, and contributors of content.

By accessing or using any part of the Site, you agree to these Terms. If you do not agree, you may not access the Site or use the Services. Any new features or tools added to the Site will also be subject to these Terms. We may update these Terms at any time by posting changes on the Site. It is your responsibility to review these Terms periodically. Continued use of the Site after changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products and Services to you.

Section 1 – Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have provided consent for any minor dependents to use the Site. You agree not to use our products or Services for any unlawful or unauthorized purpose, and not to violate any laws in your jurisdiction. You must not transmit any viruses, worms, or malicious code. Any breach of these Terms will result in immediate termination of your access to the Service.

Section 2 – License to Use the Site

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial shopping purposes only. This license does not include the right to resell or commercially exploit the Site or its contents, collect product listings or descriptions for any commercial purpose, or use any data mining, robots, or similar data gathering tools.

Section 3 – General Conditions

We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmission over various networks. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

Section 4 – Account Security

If you create an account on our Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to:

•       Provide accurate, current, and complete account information.

•       Maintain and promptly update your account information.

•       Keep your password secure and not share it with others.

•       Notify us immediately at legal@haus-ware.com of any unauthorized use of your account or any other security breach.

We are not liable for any loss or damage arising from your failure to maintain account security.

Section 5 – Accuracy, Completeness, and Timeliness of Information

We are not responsible if information on this Site is inaccurate, incomplete, or outdated. The material provided is for general information only and should not be relied upon as the sole basis for decision-making. Any reliance on the material is at your own risk. We reserve the right to modify the Site's contents at any time but are under no obligation to update any information on our Site.

Section 6 – Modifications to the Service and Prices

Product prices are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 7 – Products and Services

Certain products or services may be available exclusively online and in limited quantities. These items are subject to our Refund Policy (available at haus-ware.com/policies/refund-policy). We make reasonable efforts to display product images and colors accurately but cannot guarantee that your device's display will be accurate. We reserve the right to limit the sale of our products or Services to any person, geographic region, or jurisdiction. All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 8 – Accuracy of Billing and Account Information

We reserve the right to refuse, limit, or cancel any order at any time. Restrictions may include orders placed under the same account, billing address, credit card, or shipping address. We may also refuse orders that appear, in our sole judgment, to be placed by dealers, resellers, or distributors. If we change or cancel an order, we will attempt to notify you using the contact details provided at the time of purchase.

You agree to provide accurate, complete, and current purchase and account information for all purchases, and to promptly update such information as needed. For more details, please review our Refund Policy at haus-ware.com/policies/refund-policy.

Section 9 – SMS / Text Message Marketing

If you opt in to receive SMS or text messages from Hausware, you consent to receive recurring automated promotional and transactional messages (such as cart reminders and order updates) at the phone number you provided. You understand that:

•       Consent is not a condition of any purchase.

•       Message and data rates may apply.

•       Message frequency varies.

•       You may opt out at any time by replying STOP to any message.

•       Reply HELP for assistance or contact us at legal@haus-ware.com.

•       Carriers are not liable for delayed or undelivered messages.

Section 10 – Optional Tools

We may provide access to third-party tools which we neither monitor nor control. These tools are provided "as is" and "as available" without warranties of any kind, and we shall have no liability for your use of them. Any use of optional tools offered through the Site is entirely at your own risk and discretion.

Section 11 – Third-Party Links

The Service may include content or links to third-party websites. We are not responsible for the accuracy, content, or policies of those third parties and shall not be liable for any harm or damages related to third-party sites, products, or services. You should carefully review third-party policies before engaging in any transactions with them.

Section 12 – User Comments, Feedback, and Submissions

If you submit comments, reviews, feedback, photos, videos, or other materials to us (collectively, "User-Generated Content"), you grant Hausware a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media and for any purpose, including marketing and advertising.

You represent and warrant that you own or control all rights to any User-Generated Content you submit and that its use by Hausware will not infringe any third-party rights. We are under no obligation to maintain any submitted content in confidence, pay compensation for it, or respond to it. We may, in our sole discretion, monitor, edit, or remove content we determine to be unlawful, offensive, or otherwise objectionable.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any submission. You are solely responsible for any content you submit.

Section 13 – Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy, available at haus-ware.com/policies/privacy-policy.

Section 14 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct such errors and to update or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.

Section 15 – Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content:

•       For any unlawful purpose or to solicit others to perform unlawful acts.

•       To violate any applicable international, federal, state, or local laws or regulations.

•       To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

•       To harass, abuse, insult, harm, defame, or discriminate against others on any basis.

•       To submit false or misleading information.

•       To upload or transmit viruses or any other malicious code.

•       To collect or track personal information of others without authorization.

•       To spam, phish, scrape, or crawl our Site.

•       To interfere with or circumvent the security features of the Service.

We reserve the right to terminate your use of the Service for any violation of these prohibited uses.

Section 16 – Disclaimer of Warranties; Limitation of Liability

The Service and all products are provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

To the fullest extent permitted by applicable law, in no case shall Hausware, our affiliates, officers, directors, employees, agents, contractors, suppliers, or licensors be liable for any injury, loss, or damages of any kind — including direct, indirect, incidental, punitive, special, or consequential damages — arising from your use of the Service or any products purchased through it, including without limitation lost profits, lost revenue, lost data, or replacement costs.

In no event shall our total aggregate liability to you for all claims arising out of or relating to the Services exceed the greater of (a) one hundred U.S. dollars ($100.00) or (b) the total amount you paid to Hausware in the ninety (90) days immediately preceding the claim.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

Section 17 – Indemnification

You agree to indemnify, defend, and hold harmless Hausware and our affiliates, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers from any claim, demand, or damages — including reasonable attorneys' fees — made by any third party arising from your breach of these Terms, your violation of any law, or your violation of any third-party rights.

Section 18 – Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to your use of the Services, any products purchased through the Site, or these Terms — including disputes about their formation, validity, interpretation, breach, or termination — shall be resolved exclusively by binding arbitration, rather than in court, except that either party may bring an individual claim in small claims court if the claim qualifies.

The arbitration shall be conducted by a recognized arbitration organization under its applicable rules. The Federal Arbitration Act governs the interpretation and enforcement of this section. There is no judge or jury in arbitration; court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court.

CLASS ACTION WAIVER: You and Hausware each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial and agrees that any litigation shall be conducted solely on an individual basis.

This arbitration provision shall survive termination of these Terms and your relationship with Hausware.

Section 19 – Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity or enforceability of the remaining provisions.

Section 20 – Waiver

The failure of Hausware to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any right or provision of these Terms will only be effective if made in writing and signed by a duly authorized representative of Hausware.

Section 21 – Termination

These Terms remain effective unless terminated by you or us. You may terminate them by ceasing use of the Site and notifying us. We may terminate this agreement at any time, without notice, if we believe you have failed to comply with these Terms.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes, including but not limited to: indemnification obligations, limitation of liability, arbitration, and governing law.

Section 22 – Entire Agreement

These Terms, together with our Privacy Policy and any other policies or operating rules posted on the Site, constitute the entire agreement between you and Hausware and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 23 – Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 18, you consent to the exclusive personal jurisdiction of the state and federal courts located in Wyoming for the resolution of such disputes.

Section 24 – Changes to These Terms

We reserve the right to update or change these Terms at any time by posting the revised version on the Site and updating the "Last Updated" date. Your continued use of the Service after any changes are posted constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

Section 25 – Contact Information

Questions about these Terms of Service should be directed to:

•       Hausware

•       Email: legal@haus-ware.com

•       Website: haus-ware.com

•       [Mailing Address — add your registered business address or P.O. Box here]