Terms of service
OVERVIEW
This website is operated by HEKNE, with the legal name BYLUNDE&HEKNE AS. Throughout the site, the terms “we”, “us”, “our” and “ours” refer to HEKNE. HEKNE offers this website, including all information and tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices contained herein.
By visiting this website or purchasing anything from us, you are using our service and agreeing to be bound by the following terms and conditions (hereinafter referred to as the “Terms of Use” or “Terms”), including any additional terms and conditions referenced herein or available through links. These Terms apply to all users of the Site, including, without limitation, users who are visitors, sellers, customers or resellers who contribute content.
You should read these Terms carefully before accessing or using the Site. By accessing or using any part of this Site, you agree to be bound by these Terms. If you do not agree to all of the terms of this Agreement, you may not access the Site or use any Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms.
Any new features and tools posted to the current Store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, modify, and replace any part of these Terms by posting updates or changes to the Site. It is your responsibility to check this page periodically to see if any changes have been posted. Your continued use or access of this Site after we post any changes constitutes your acceptance of those changes.
Our Store is operated by Shopify Inc. They provide us with the online e-commerce platform that enables us to sell products and services to you.
SECTION 1 – ONLINE STORE TERMS
By accepting these Terms, you represent that you are over the age of majority in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow any of your dependents to use this Site. You may not use our products for any illegal or unauthorized purpose, and in using the Service, you may not violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You may not transmit any worms, viruses, or malicious code. You will be immediately banned from the Service if you violate or breach any of these Terms.
SECTION 2 – GENERAL TERMS
We reserve the right to refuse service to anyone at any time for any reason.
You agree that your content (not including credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) modifications to comply with and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree that you may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings in this Agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We disclaim all responsibility for the accuracy, completeness or timeliness of information made available on this Site. The materials on this Site are provided for general information only. You should not rely on it or use it as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Any reliance placed on the material on this website is at your own risk. This website may contain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to change the content of this website at any time, but we are not obligated to update the information. You agree that it is your responsibility to monitor the website for changes.
SECTION 4 – CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice. We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice and at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products and services may be available exclusively online through the Site. These products or services may be in limited quantity and may only be returned or exchanged in accordance with our return policy.
We have made every effort to accurately display the colors and images of our products that appear in the store. We cannot guarantee that the colors will be reproduced accurately on your computer screen. We reserve the right, without obligation, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of products or services we offer. All product descriptions and product prices are subject to change at any time without notice and in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for products or services on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will be as expected, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel the number of purchases per person, per household or per order. These restrictions may include orders placed by or on the same customer account or credit card, and orders using the same billing or shipping address. If we change or cancel an order, we may attempt to notify you at the email address, billing address or telephone number provided when the order was placed. We reserve the right to limit or refuse orders that, in our sole discretion, appear to be placed by resellers or distributors.
You agree that you must provide current, complete and accurate purchase and account information for all purchases you make from our store. You agree to promptly update your account and other information, including your email address and credit card number and expiration date, so that we can process your transactions and contact you as needed.
For more information, please see our Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or influence. You acknowledge and agree that we provide such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We disclaim all liability for any consequences arising from or related to your use of any third-party optional tools.
If you use the optional tools offered through the Site, you do so entirely at your own risk and discretion, and you must ensure that you are familiar with and agree to the terms of the tools offered by the relevant third-party providers.
In the future, we may also offer new services and features on the Site (including the release of new tools and resources). Such new features and services will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The content, products and services available through the Service may include materials from third parties. Links to third parties on this Site may take you to the websites of third parties that are not affiliated with us. We have no responsibility to investigate or evaluate the content, including its accuracy, and we do not warrant or assume any liability for materials or websites belonging to third parties, or for other materials or products or services of third parties. We are not responsible for any damages that may arise from your purchase or use of any goods, services, resources, content, or other transactions made on or through any third-party website. You should carefully review and understand the policies and practices of any third-party website before entering into any transaction. You should direct any complaints, claims, concerns, or questions regarding any third-party products to the relevant third party.
SECTION 9 – COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS
If, at our request, you submit specific submissions (for example, contest entries) or without a request from us, you submit creative ideas, suggestions, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate or otherwise use any Comments you submit to us in any medium. We are not, and will not be, obligated to (1) treat any Comments as confidential, (2) pay any fee for any Comments or (3) respond to any Comments.
We may, without obligation to do so, monitor, edit or remove any content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third party's intellectual property rights or these Terms.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, and that they will not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate anyone other than yourself or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the accuracy of any comments you post. We disclaim all liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Personal information you provide through the Store is subject to our privacy policy, which you can read here: Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, the information on our website or in our Service may contain typographical errors, inaccuracies or omissions regarding product descriptions, prices, promotional offers, promotions, shipping costs, transit times and availability. We reserve the right at any time and without notice to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on a related website is inaccurate (including after you have submitted your order).
We undertake no obligation to update, change or clarify any information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. Any stated update date used in the Service or on any related website should not be taken as an indication that all information in the Service or on any related website has been changed or updated.
SECTION 12 – PROHIBITED USE
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its Content for (a) any unlawful purpose, (b) to encourage others to perform or participate in any unlawful act, (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances, (d) to infringe or violate our or others’ intellectual property rights, (e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate against others 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 any viruses or other malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites or the Internet, (h) to collect or track the personal information of others, (i) to send spam, to phish, pharm, spoof, crawl, or impersonate someone you are not, (j) obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for any prohibited use.
SECTION 13 – DISCLAIMER; LIMITATION OF LIABILITY
We do not warrant, represent, or assume any responsibility that your use of the Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You agree that we may suspend the Service indefinitely or cancel it at any time without notice to you.
You expressly agree that your use of the Service or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service (except as expressly stated by us) are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall HEKNE, its directors, representatives, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damage, loss, claim or direct, indirect, incidental, punitive or special economic or consequential damages of any kind, including, but not limited to, loss of profits, revenue, savings or data, replacement costs or similar damages, whether in contract or tort (including negligence), strict liability or otherwise, arising out of your use of the Service or products you have acquired using the Service, or for any other claim in any way related to your use of the Service or any product, including, but not limited to, any errors or omissions in content or any loss or damage of any kind arising out of the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if advised of this possibility. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNITY
You agree to indemnify and defend HEKNE and its parent, subsidiaries, affiliates, partners, representatives, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, 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.
SECTION 15 – SEVERABILITY
If a court of competent jurisdiction determines that any provision of these Terms is illegal, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations of the parties prior to the termination date shall survive any termination of this Agreement for any reason. These Terms will continue to apply unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by discontinuing use of our Website.
If, in our sole discretion, you fail to comply with any term or provision of these Terms, or we suspect that you have failed to do so, we may also terminate this Agreement at any time without notice and you will be liable for all amounts due up to and including the date of termination. We may also deny you access to the Services (or any portion thereof) for the same reason.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules published by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, proposals, and all communications between you and us, whether oral or written (including, but not limited to, prior versions of these Terms). Any ambiguities in the interpretation of these terms and conditions shall not be construed against the party that drafted them.
SECTION 18 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you with access to the Services shall be governed by and construed in accordance with the laws of Norway.
SECTION 19 – CHANGES TO THE TERMS OF USE
You may review the most current version of the Terms of Use at any time on this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website from time to time for any changes. Your continued use of or access to our website or Service after any changes to these Terms are posted constitutes your acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
You may send any questions about these Terms to us at info@hekne.com.
Our contact information:
BYLUNDE&HEKNE AS
info@hekne.com
Corporate ID/VAT no.: NO 919 041 587
