This website is operated by Chromehearts. Chromehearts is referred to as “we,” “us,” and “our” throughout the site. All content, features, and services included or offered through the Chromehearts website are offered to the User subject to the following terms, conditions, policies, and notices.
The following terms and conditions (“Terms of Service”, “Terms”) apply to all users of the site, including without limitation those who visit the site, purchase something from us, and/or use any of the other services accessible on or via the site (together, our “Service”). Anyone who accesses or uses the Service, whether as a browser, vendor, consumer, merchant, or content creator, is bound by these Terms of Service.
Before using our website in any way, we ask that you read our Terms of Service carefully. You agree to be bound by these Terms of Service by accessing or using any portion of the site. You may not use the site or its services if you do not accept all of the terms and conditions of this agreement. These Terms of Service constitute an offer, and if accepted, can only be fulfilled according to their terms.
The Terms of Service apply equally to any updated versions of the shop or any new features or tools that may be made available. The most recent version of the Terms of Service will always be available on this page for inspection. The Terms of Service may be revised, amended, or replaced at any time by us, and such revisions, amendments, or replacements shall be effective immediately upon posting on the website. You must verify this page for updates on a regular basis. If you continue to use or access the site after any changes have been posted, you will be deemed to have accepted the changes.
SECTION 1 – ONLINE STORE TERMS
You affirm that you are at least the minimum legal age to enter into these Terms of Service in the country in which you reside, or that you are at least the minimum legal age in the country in which you reside and you have given us your agreement to allow any of your minor dependents to use this site.
Neither the Service nor your use of it may be used in violation of any local, state, national, or international law, including but not limited to any laws on the protection of intellectual property.
You are not allowed to send malicious programs such as worms, viruses, or Trojan horses.
If you violate any of the Terms, your Services will be immediately canceled.
SECTION 2 – GENERAL CONDITIONS
At any time, for any reason, we can reject service to anyone.
You are aware that the transmission of your content (not including credit card information) may entail (a) transmissions over multiple networks and (b) adjustments to conform and adapt to the technological requirements of connecting networks or devices. The transmission of credit card data over networks is always encrypted.
You may not make any commercial use of any of the information supplied on the Service or obtained through using the Service or any contact on the website through which the Service is delivered, without our prior written permission.
All section and paragraph headings herein are for reference purposes only and shall not in any way limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
If something on this site isn’t right, complete, or up-to-date, it’s not our fault. You should not make any important decisions based just on the content presented here; instead, you should look into main, more accurate, more thorough, and more timely sources of information. You should not put any stock in the content of this website.
It’s possible that there is some old data here. Information from the past is presented here for illustrative purposes only and should not be relied upon as current. We may make changes to the information on this site at any time, but are under no obligation to do so. You acknowledge that it is your duty to keep up with any updates we make to the site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Our prices are dynamic and may change at any time.
We may at any time and without prior notice change or stop providing the Service, or any part thereof.
If we decide to make changes to the Service or its pricing, or if we decide to temporarily or permanently stop providing the Service, we will not be liable to you or to any third person.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
There could be items or services that can only be purchased on the website. There may be a restricted number available, and returns or exchanges will only be accepted if they fall within the parameters of our Return Policy.
The colors and photos of our products that show at the store have been displayed with the utmost care to reflect their true nature. We make no claims as to the faithfulness of your monitor’s display of any color.
Sales of our items or provision of our Services may be restricted to specific individuals, geographic areas, or legal jurisdictions at our discretion. On a case-by-case basis, we reserve the right to do so. Any items or services that we provide may have their production or distribution numbers restricted. We reserve the right, at any time and without prior notice, to alter the terms, conditions, and prices of any of our products or services. We may stop selling a particular product at any moment. All product and service offers made on this website are null and invalid where prohibited by law.
We make no guarantee that you will be satisfied with the results that you get from using the Service, or that any defects in the Service will be fixed.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
Any order you place with us may be rejected at our discretion. We reserve the right to set purchase quotas and/or cancel orders as we see fit. Orders placed by or under the same customer account, credit card, and/or using the same billing and/or delivery address may be subject to these limitations. To keep you updated on the status of your order (or to cancel it entirely), we may use the e-mail and/or billing address/phone number you gave us when placing your order to get in touch with you. Any orders that appear to be placed by a dealer, reseller, or distributor may be restricted or prohibited at our discretion.
You promise that any and all purchase and account information you give us will always be true, complete, and accurate. To ensure timely transaction completion and communication, you agree to keep your account and other information, such as your email address, credit card numbers, and expiration dates, current and accurate.
Please refer to our Returns Policy for further information.
SECTION 7 – OPTIONAL TOOLS
In some cases, we may give you access to external tools over which we have no control or input.
You understand and agree that our provision of access to such tools is “as is” and “as available” and without any representations, warranties, or terms of any kind, and without any endorsement. Using optional third-party technologies will not subject us to any responsibility or liability.
You should make sure you are familiar with and approve of the conditions under which tools are given by the applicable third-party provider(s) before using any optional tools offered through the site.
In the future, we may additionally provide additional services and/or features via the website (such as the introduction of additional tools and resources). These Terms of Service apply equally to any new features or services that may be added in the future.
SECTION 8 – THIRD-PARTY LINKS
Our Service may make third-party content, products, and services available to you.
There are links on this site that will take you to other websites that we have no control over. We do not endorse and are not responsible for the content or accuracy of any third-party materials or websites, nor do we make any representations or warranties about such materials or websites, or the products or services that may be obtained from them.
Nothing we say or do on this site should be taken as our endorsement of any goods, services, resources, material, or transactions offered on any website other than our own. Before entering into any transaction with a third party, you should make sure you completely grasp their policies and procedures. You should contact the manufacturer, distributor, or retailer of any third-party goods with any complaints, claims, concerns, or questions you may have.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
By submitting content to us via any of the following methods (online, email, postal mail, or otherwise) (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. This includes, but is not limited to, contest entries and other submissions we specifically request (such as feature articles). We are not obligated to (1) keep any feedback private, (2) pay any money for any feedback, or (3) provide any sort of response to any feedback.
Content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service may be monitored, edited, or removed at any time without prior notice or liability.
You guarantee that your feedback won’t infringe on anybody else’s intellectual property, privacy, publicity, or other rights. You also promise that your comments won’t be defamatory or contain any other illegal, abusive, or obscene content, or that they won’t include any computer viruses or other malware that could compromise the functionality of the Service or any associated website. You are not allowed to use a false e-mail address, impersonate another person, or otherwise attempt to deceive us or other users as to the origin of any remarks. The veracity and content of your comments are entirely up to you. We will not be held liable in any way for comments made by you or anyone else.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be typographical mistakes, inaccuracies, or omissions that may pertain to product descriptions, price, promotions, offers, shipping costs, transit times, and availability that may appear on our site or in the Service. If any of the details in the Service or on any associated website are incorrect at any time without prior notice (including after you have completed your order), we shall have the right, at our sole discretion, to either contact you for instructions or cancel your order and notify you of such cancellation.
Except where required by law, we will not be responsible for updating any information contained within the Service or on any related website, including, but not limited to, pricing information. You shouldn’t assume that because a certain time has passed since an update or refresh was implemented in the Service or on a related website that all of the information in the Service or on the associated website has been updated as of that time.
SECTION 12 – PROHIBITED USES
You may not use the site or any content on the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. If you use the Service or any associated website for any of the restricted purposes, we may suspend or terminate your access to the Service or the restricted website.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
No promises, assurances, or warranties are made on the availability, timeliness, security, or error-free nature of our service.
We make no claims about the precision or dependability of any outcomes you may get from using our service.
You acknowledge that we may, at our discretion and without prior notice to you, temporarily suspend the Service for any reason or permanently cancel the Service.
You acknowledge and accept that you use the service, or do not use the service, at your own risk. All products and services purchased or obtained by you through the Service are provided “as is” and “as available” without representation, warranty, or condition of any kind, either express or implied, including, but not limited to, the implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement (except as expressly stated by us).
For any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, Chromehearts, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable. Our liability shall be restricted to the maximum extent permitted by law in those states and jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.
SECTION 14 – INDEMNIFICATION
Any third-party claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, will be indemnified, defended and held harmless by Chromehearts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 20 Crossways Park Dr. N Ste. 412, Woodbury, NY, 11797, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
Schedule 1. Terms and Conditions
1. You are shopping on a merchant’s website (the “Merchant”).
2. If you place a Qualifying Customer Order, the Merchant will sell the Product(s) to Passport Global Inc (“Passport”), and Passport will then sell the Product(s) to you under these Terms and Conditions. In order for Passport to fulfill your Qualifying Customer Order, we will disclose your payment information, shipping address, and any other information required or requested to do so, directly with Passport and its nominated agents and contractors.
Third, these Terms and Conditions and any other applicable terms and conditions imposed by the Merchant apply to your Qualifying Customer Order. By completing your purchase, you indicate your understanding of and agreement to be bound by these terms and conditions. You acknowledge and agree that by placing a Qualifying Customer Order on the Merchant’s website:
You are working with and providing information to Passport in Section 3.1. You might get a call from a passport officer concerning your purchase.
3.2 Passport and its designated agents reserve the right to contact you, adjust the pricing, and/or cancel your order if the price for a Product on the Merchant’s website is incorrect or the price is applied to the product during the sale and processing of your order for the Product.
Payment processing for your order still falls under the purview of the Merchant as of this 3.3.
3.4 Upon Passport receiving payment, the things will be released to you as the buyer.
3.5 We are unable to send to some addresses, including post office boxes.
3.6 Passport reserves the right, for any or no reason, to reject service, refuse to process or finish Qualifying Customer purchases, remove or amend material, or cancel such purchases.
3.7 If you are not of legal purchasing age in your place of residence, you must have a parent or legal guardian’s permission to make a purchase.
In connection with the distribution of any Products, you give Passport and its designated agents and contractors permission to do any of the following:You authorize us to: (i) act as your agent to make and file customs declarations and all related actions as your direct representative, including but not limited to completing any documents, amending product or Harmonized System codes, and paying any duties, taxes, or penalties required under applicable laws and regulations; (ii) act as your forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry.
4. Currency. At checkout, you’ll be given a selection of payment methods and currencies from which to choose. It is important to keep in mind that the actual purchase price for items in your order may differ based on the currency selected due to fluctuations in the relative value of currencies.
5. Billing. If you choose to pay for your purchase using a credit card or another electronic payment method, the Merchant’s policies will govern the charges made to your account.
6. Shipping. Your order may arrive in one or more shipments, depending on its contents. You will only be charged for the things that make it to your doorstep, even if they came in several different shipments or if your purchase was only partially fulfilled.
Deleted Transactions, Fraud Protection, and Chargebacks, Number 7. To protect its customers, Passport may employ a number of fraud prevention measures and rules, as well as conventional industry verification techniques. Protocols and policies, such as card authentication and verifying the “ship to” and “bill to” addresses, must be followed. No changes can be made to the “ship to” or “bill to” address after an order has been placed if it has already been validated. If a transaction for which authorization has been rejected is processed or accepted due to a system problem, it will be null and void.
Maintenance and Refund Policy No. 8. You should contact the Merchant if you have any questions or concerns about your order. A passport could be able to help you out with the Merchant in any way they see fit. You may return Products to the Merchant’s designated address and receive a refund for the purchase price, as long as this is in conformity with the Merchant’s return policy. However, if the object being returned is subject to a limitation, the passport may refuse the return. You agree that your only available legal recourse is directly against the Merchant. The Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer in the event of an authorized return by the Customer, and at Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. If Passport or the Merchant agrees to accept a return, the Merchant, acting on Passport’s behalf, must issue a credit note to the Customer for the full purchase price of any Products returned. You allow Passport and its nominated agents to act on your behalf and collect any import duties and taxes relating to any returned Products to the Merchant. You agree to sign any document reasonably necessary to effect a return of the Products and the collection of any applicable import duties and taxes.
Nine, Basic Conditions. Any order placed by a Qualifying Customer on the Merchant’s website is subject to the following terms and conditions:
In a nutshell, 9.1 Obey all Laws that Apply. By placing a Qualifying Customer Order, you confirm that the Products will not be imported, exported, sold, or transferred in violation of any applicable laws, including but not limited to the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, or equivalent statutes, regulations, and codes of England and Wales or the EU. If you plan to import Products purchased through the Merchant’s website into your country, you must comply with all local laws. By submitting a Qualifying Customer Order, you confirm that you are legally able to import the Products to the country listed as the delivery destination.
This is Section 9.3 of Electronic Communications. Customers who place Qualifying Customer Orders through the Merchant’s website agree to the terms of this Agreement and to the receipt of notices, disclosures, and other communications from Passport in an electronic format (email).
9.4 Modifications. You understand that Passport reserves the right to alter the structure of its website, its policies, and these Terms and Conditions at any time. Each time you place a Qualifying Customer Order on the Merchant’s website, Passport will offer you with the most up-to-date version of these Terms and Conditions. Before placing any Qualifying Customer Order, you must carefully read these Terms and Conditions. Do not submit your order if you do not agree to the updated Terms and Conditions. If you place an order after the effective date of a modification, you will be bound by the new terms and conditions together with the previous ones.
9.5 Severability. If any provision of these Terms and Conditions is held to be defective, void, or unenforceable, that provision or provision(s) shall be severed from these Terms and Conditions and the remaining provisions shall remain in full force and effect.
9.6 Proceedings. You irrevocably submit to the exclusive jurisdiction of the courts located within the state of California, United States, in any action or proceeding arising out of or related to these Terms and Conditions.
9.7 Language. This Agreement and all related papers have been set out in English at the mutual desire of the Parties.
9.8 Member State, Third Country, and Third Territories are defined in accordance with Article 5 of Council Directive 2006/12/EEC. Products are defined as items listed for sale on the Merchant’s website that do not fall under the scope of any export, sale, or transfer restrictions imposed by any Applicable Laws and are not of a class or description subject to any duty of excise, whether or not the goods are chargeable with that duty and whether or not the duty has been paid. As used herein, “Product Prices” refer to the prices, inclusive of VAT at the applicable rate, of the Products as shown for sale to Customer by Merchant and, by extension, by Passport to Customer; and “Product Price” refers to the price of a single Product. A “Qualifying Customer Order” satisfies each of the following criteria:
(A) It is a shipment including an order for Products or Products placed through the Merchant’s website and destined for:
from a third country or territory (with the exception of Northern Ireland; “NI”) to an address in a Member State of the EU (for example, the United States to France); from a third country or territory (with the exception of the United Kingdom) or from a Member State of the EU (for example, Germany to England); or from a third country or territory (with the exception of NI) to an address in NI (with the exception of the United States);
(B) Regarding the delivery of a Product or Products to a given location:
If the Products in an order total more than £135 (one hundred and thirty-five) GBP, they must be shipped in multiple consignments, each of which must have an intrinsic value of less than £135 (one hundred and thirty-five) GBP. If the Products in an order total more than £135 (one hundred and thirty-five) GBP, they must be shipped in a single consignment, the value of which must not exceed £135 (one hundred and thirty-five) GBP.