Introduction
Welcome to our website helixcloth.shop (the “Website”), owned and operated by Helix Clothing Inc. (“Helix”, “we”, “us” or “our”). These Terms of Use (“Terms”) govern your access to and use of our Website and our online store, including any content, products, services, and features we offer on it (collectively, the “Services”).
Please read these Terms carefully before using our Website or Services. By accessing or using any part of the Website or Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Website or Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
We may amend these Terms at any time by posting the amended terms on our Website. We may or may not post notice of any changes. It is your responsibility to review these Terms periodically for any changes. Your continued use of our Website or Services following the posting of any changes to these Terms constitutes your acceptance of those changes.
Section 1 – Online Store Terms
By using our Website, you agree to the following terms related to our online store:
1.1 Product Sales
We sell various products through our online store including clothing, jeans, shirts, pants and other apparel items. All sales are final. Unfortunately, we do not accept returns or exchanges unless the product arrives defective or damaged.
1.2 Product Description
We strive to provide detailed and accurate descriptions of our products, including fabrics, fits, sizes and colors. However, we do not guarantee that the colors and sizes displayed on your monitor will exactly match the actual product due to variations in computer monitors. We recommend reviewing our sizing charts for each product.
1.3 Product Pricing
All prices and offers advertised on our Website are subject to change without notice. Prices displayed include taxes when applicable. We reserve the right to adjust prices for any order due to a pricing error or unforeseen technical issue.
1.4 Order Processing
We will make every effort to fulfill your orders as quickly as possible, but please allow up to 30 business days for delivery. We will email you a shipment confirmation with tracking information once your order has shipped.
1.5 Shipping & Delivery
We offer shipping to most countries worldwide. Shipping costs and delivery times will be calculated and displayed during checkout based on your location. We do not ship to P.O. boxes. Once your order has shipped, we cannot change the shipping address.
1.6 Customs, Duties and Taxes
When ordering products for delivery outside of the United States, you may be subject to import duties, customs taxes and fees levied by the destination country. You are responsible for all additional charges. Please contact your local customs office for details.
1.7 Payment
We accept Visa, Mastercard, American Express, Discover and PayPal. All transactions are processed through secure encryption to protect your personal and payment information. By submitting an order, you represent that you are authorized to use the designated payment method.
1.8 Promotions
Promotions, discounts, and coupon codes are subject to the specific terms that accompany them. Offers cannot be combined or used in conjunction with any other offer unless explicitly stated. We reserve the right to modify, cancel or extend any offer at any time for any reason. Limited quantity promo codes are issued on a first come, first served basis.
Section 2 – Acceptable Use Policy
You agree not to misuse our Website or Services. You will not:
- Attempt to interfere with, manipulate, damage, disable, overburden, or impair the proper working of the Website or Services;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit any resource available through the Website or Services for any commercial purpose;
- Use scraping or similar data gathering methods on the Website or Services;
- Reverse engineer any aspect of the Website or Services;
- Post or transmit any file, content or code that may damage, interfere with or disrupt the Website or Services.
Additionally, you agree:
- Not to use the Website or Services for any unlawful purposes, or in violation of any applicable laws;
- Not to violate or infringe upon the rights of Helix or any third party, including intellectual property, privacy, publicity or other proprietary rights;
- Not to post or transmit any offensive, obscene, abusive or defamatory content;
- Not to distribute spam, chain letters, advertisements or other unsolicited emails/messages;
- Not to impersonate any person or entity or provide false personal information to Helix.
Helix reserves the right to terminate your access to the Website or Services if we determine, in our sole discretion, that you have violated these Terms or applicable law.
Section 3 – Intellectual Property
The content available through our Website and Services, including designs, text, graphics, images, music, software, blog posts, articles, trademarks, logos and other materials are the exclusive property of Helix and its licensors, who reserve all rights in regard to such content. You may not distribute, modify, transmit, reuse, download, repost, copy or use the content of the Website or Services for commercial or non-commercial purposes without express written permission from us.
Section 4 – External Links
The Website and Services may contain links to third party websites. Any such third party links are provided solely as a convenience to you. We do not control, endorse or make any representations about third party websites or their content. We are not responsible for the availability, content or security of these sites. Your use of third party sites is at your own risk and subject to the terms and conditions set forth by those sites.
Section 5 – Disclaimers and Limitations of Liability
5.1 Warranty Disclaimers
YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICES IS AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HELIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR SERVICES. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE WEBSITE AND SERVICES IS SOLELY AT YOUR OWN RISK.
5.2 Limitations of Liability
IN NO EVENT WILL HELIX, ITS AFFILIATES, LICENSORS OR BUSINESS PARTNERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICES. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION AND OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE WEBSITE AND SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, THEREFORE SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Section 6 – Indemnification
You agree to defend, indemnify and hold harmless Helix, our affiliates, business partners and licensors, and our respective officers, directors, employees and representatives, from any claims, damages, liabilities, costs and expenses (including reasonable attorney fees) arising from your use of our Website or Services or any violation of these Terms. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you.
Section 7 – Modifications to Website or Services
We reserve the right to modify, suspend or discontinue all or any portion of our Website or Services at any time. We are not liable to you or any third party for any modification, suspension or discontinuance of our Website or Services, or any portion thereof.
Section 8 – Governing Law
These Terms and your access to and use of our Website and Services will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any legal proceedings arising out of or relating to these Terms, the Website or Services must be brought in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to personal jurisdiction and venue in such courts. Any cause of action arising from or relating to the Website or Services must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
Section 9 – Termination
We may terminate your access to and use of the Website or Services, at our sole discretion, at any time and without notice to you. You may cancel your Helix account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation or cancellation of Services or your Helix account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Section 10 – Assignment
Helix may assign its rights and duties under these Terms to any party at any time without notice to you. These Terms cannot be assigned by you without prior written consent from Helix.
Section 11 – No Waiver
Our failure to enforce any provisions of these Terms or to respond to a breach by you or others does not waive our right to subsequently enforce such provision or to respond to any subsequent similar breaches.
Section 12 – Severability
If any part of these Terms is determined to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Section 13 – Entire Agreement
These Terms constitute the entire agreement between you and Helix relating to their subject matter and supersede any prior understanding or agreements (written or oral) regarding the subject matter.
