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Terms

TERMS AND CONDITIONS ("Terms")

Last updated: Aug 1, 2017

 

By using HomeCrate.com, you agree to these conditions. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.homecrate.com website (the "Service") operated by HomeCrate ("us", "we", or "our").

 

PRIVACY

Please review our Privacy Notice, which also governs your use of HomeCrate Services, to understand our practices.

 

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

[This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our HomeCrate's use of cookies in accordance with the terms of HomeCrate's privacy policy.

 

License to use website

Unless otherwise stated, HomeCrate and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent.

 

You must not use this website for any purposes related to marketing without [NAME'S] express written consent.

 

YOUR ACCOUNT

You may need your own account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. HomeCrate does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the HomeCrate Services only with involvement of a parent or guardian. HomeCrate reserves the right to refuse service, terminate accounts, terminate your rights to use HomeCrate Services, remove or edit content, or cancel orders in its sole discretion.

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

Your user content including but not limited to reviews, comments, photos, videos, and other content; must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties, objectionable, or any form of "spam" or unsolicited commercial electronic messages, and must not be capable of giving rise to legal action whether against you or HomeCrate or a third party (in each case under any applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant HomeCrate a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, and fully sublicensable right to use, reproduce, adapt, publish, translate, modify, perform, create derivative works from,display and distribute your user content in any existing or future media.  You also grant to HomeCrate the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

You grant HomeCrate and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HomeCrate for all claims resulting from content you supply. HomeCrate has the right but not the obligation to monitor and edit or remove any activity or content. HomeCrate takes no responsibility and assumes no liability for any content posted by you or any third party.

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

HomeCrate reserves the right (but not the obligation) to edit or remove any material submitted to this website, or stored on HomeCrate servers, or hosted or published upon this website.

 

Risk of Loss

All purchases of physical items from HomeCrate are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Returns, Refunds AND Title

HomeCrate does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, HomeCrate does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.

 

Product Descriptions

HomeCrate attempts to be as accurate as possible. However, HomeCrate does not warrant that product descriptions or other content of any HomeCrate.com website is accurate, complete, reliable, current, or error-free. If a product offered by HomeCrate is not as described, your sole remedy is to return it in unused condition.

 

Pricing

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on HomeCrate and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on HomeCrate.

With respect to items sold by HomeCrate, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by HomeCrate is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process or.

 

No warranties 

The HomeCrate website and all information, content, materials, products (including software) and other services included on or otherwise made available to you through HomeCrate services are provided by HomeCrate on an “as is” and "as available" basis, unless otherwise specified in writing. HomeCrate makes no representations or warranties of any kind, express or implied, as to the operation of the HomeCrate website, or the information, content, materials, products or other services included on or otherwise made available to you through the HomeCrate, unless otherwise specified in writing. you expressly agree that your use of the HomeCrate website is at your sole risk.

 

Without prejudice to the generality of the foregoing paragraph, HomeCrate does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

 

To the full extent permissible by law, HomeCrate disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HomeCrate does not warrant that the HomeCrate website, information, content, materials, products (including software) or other services included on or otherwise made available to you through the HomeCrate website, HomeCrate's servers or electronic communications sent from HomeCrate are free of viruses or other harmful components. To the full extent permissible by law, HomeCrate will not be liable for any damages of any kind arising from the use of any HomeCrate service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any HomeCrate service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

 

Limitations of liability

 

HomeCrate will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if HomeCrate has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit HomeCrate's liability in respect of any:

  • fraud or fraudulent misrepresentation on the part of HomeCrate; or
  • matter which it would be illegal or unlawful for HomeCrate to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

You accept that, as a limited liability entity, HomeCrate has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against HomeCrate's officers or employees in respect of any losses you suffer in connection with the website.

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect HomeCrate's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as HomeCrate.

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify HomeCrate and undertake to keep HomeCrate indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HomeCrate to a third party in settlement of a claim or dispute on the advice of HomeCrate's legal advisers) incurred or suffered by HomeCrate arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to HomeCrate's other rights under these terms and conditions, if you breach these terms and conditions in any way, HomeCrate may take such action as HomeCrate deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

HomeCrate may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

HomeCrate may transfer, sub-contract or otherwise deal with HomeCrate's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions constitute the entire agreement between you and HomeCrate in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

HomeCrate's details:

The full name of HomeCrate is HomeCrate Inc

HomeCrate is registered in New York Sate.

HomeCrate's address is 334 County Route 49, Middletown, NY 10940. 

You can contact HomeCrate by emailing ben@homecrate.com