Terms and Conditions
OWNERSHIP OF SITE CONTENT — COPYRIGHTS, TRADEMARKS AND RESTRICTIONS ON USE
This site and all of the content made available on it, including all merchandise, designs, illustrations, photographs, graphics, articles, text, video and audio, all other copyrightable material, all trademarks, trade names, service marks, logos and domain names, and all other forms of intellectual property (“Content”), are owned by Hawthorne House, Inc. or third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. Hawthorne House, Inc. grants to you a non-exclusive, limited purpose license to access and view this site, and to print selected pages that appear on this site for your own personal reference and non-commercial use, but not to otherwise use the Content in any manner not expressly authorized in these Terms and Conditions. Nothing contained in these Terms and Conditions may be interpreted to grant to you any other license or right to access or use any of the Content without the prior written consent of Hawthorne House, Inc. or any third party owner of the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING, OR ANY OTHER MISUSE, OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. As a user of this site, you agree not to use the Content for any unlawful purpose, and not to violate Hawthorne House Inc’s rights, or any third party owner’s rights, in and to the Content.
YOUR REPRESENTATIONS AND WARRANTIES
By using this site, establishing your account and placing orders for merchandise featured on this site, you are representing and warranting that you are over 18 years of age, that all information that you provide to us is true, accurate and complete, and that you have the authority to provide that information and to place those orders.
SHIPPING POLICIES AND PROCEDURES
Please review our shipping policies and procedures before placing orders for merchandise made available on this site.
Unless noted, items available on this site for sale are shipped via a freight carrier with white-glove delivery service.
We will not be liable for any loss, damage, cost or expense related to delays in shipment or delivery of merchandise. The risk of loss of, and title to, all merchandise purchased on this site will pass to you upon our delivery of that merchandise to the carrier selected to deliver it.
For specific freight and delivery questions, please contact us.
TAXES AND DUTIES OR CUSTOMS CHARGES
Hawthorne House, Inc. will collect sales tax on all purchases of merchandise to be shipped to locations within the State of Georgia. Users are responsible for all sales taxes and other taxes, if any, applicable to merchandise shipped to locations outside the State of Georgia. The rate of sales tax applicable to all merchandise shipped to locations within the State of Georgia will be the rate applicable in Athens, Georgia at the time of purchase. You and/or the recipient will be solely responsible for any duties or customs charges imposed on all purchases of merchandise shipped to locations outside the United States.
RETURN POLICIES AND PROCEDURES
Please review our return policies and procedures before placing orders for merchandise made available on this site.
Items available for sale on this site are considered special order, special construction, and are not eligible for return or refund. In the event an item arrives damaged, a claim must be filed within 24 hours of receipt. To file a claim, please contact us.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOU ARE USING THIS SITE AT YOUR OWN RISK, AND THAT THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAWTHORNE HOUSE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, MERCHANDISE OR SERVICES FEATURED ON THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, HAWTHORNE HOUSE, INC. DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS SITE, THE CONTENT, MERCHANDISE OR SERVICES FEATURED, OFFERED AND/OR SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HAWTHORNE HOUSE, INC. DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT, FEATURED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, INDICATION OF AVAILABILITY, OR OTHER INFORMATION FEATURED ON THIS SITE.
HAWTHORNE HOUSE, INC. DOES NOT WARRANT THAT THIS SITE, THE SERVERS ON WHICH IT RESIDES OR E-MAIL SENT FROM THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAWTHORNE HOUSE, INC. WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE STATE LAWS.
LINKS TO OTHER SITES
We may provide links on this site to sites operated by other parties for your convenience. Because we have no control over these sites, we cannot take responsibility for their operation or for the content or merchandise featured on or made available through them. You should carefully review the terms and conditions of use and privacy policies associated with these sites before making any use of them, particularly because these sites may make use of your personally identifiable information in ways inconsistent with these Terms and Conditions.
You agree to indemnify and hold harmless Hawthorne House Inc., and its directors, officers, employees, contractors and suppliers (“Indemnified Parties”), from and against any and all claims, demands, actions, proceedings and damages, including without limitation reasonable attorneys’ fees and costs, that may be incurred by any of the Indemnified Parties and that arises from or relates to your use of this site.
GOVERNING LAW AND DISPUTES
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its principles of conflicts of laws. Any dispute arising between us shall be brought before any court located within the State, City and County of Georgia having jurisdiction over such a dispute. By using this site you irrevocably submit to the jurisdiction of the above-mentioned Georgia courts for purposes of resolving any such dispute, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction.
INFORMATION COLLECTION AND USE
Hawthorne House, Inc. is the sole owner of all information collected on this site. The information that you supply to us enables us to personalize your experience on this site, to better service your requests, to facilitate our communications with you, and to improve our overall customer service capabilities. The information that we collect from you is used entirely and only by us, except in cases where we use third parties to perform certain functions for us, such as credit card processing, order fulfillment, package delivery or data analysis. In these cases, we provide such third parties with access only to the information that is necessary for them to perform the specific tasks for which they are responsible, and they are not authorized to retain, share, store or that information for any other purpose. We will not share your information with, or sell or rent your information to, any other party for any reason. In the event that we contemplate using your information for any purpose other than those outlined above, we will notify you and provide you with an opportunity to choose not to share your information in the manner contemplated.
USE OF LOG FILES
We may use IP addresses to analyze trends, administer this site, track movement and to gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
We have incorporated into this site certain features designed to safeguard information that we obtain from you. For example, when you are asked to enter certain sensitive information (such as a credit card number), that information is protected with encryption software.
While we use measures like encryption to protect sensitive information, we also take measures to protect your sensitive information offline. Because our websites are an extension of our retail stores, the stores and online inventory and customer databases may be linked. Access to such databases is limited to those employees that require access in order to perform specific functions such as billing, order processing, shipping and customer service, and such access is password protected. If you have questions about the security features of this site, you may send an e-mail to firstname.lastname@example.org.
We send to all new registrants an e-mail to verify password and username information. Once you have established an account with us, you will occasionally receive information relating to our new merchandise and service offerings, activities at our stores, and other information that may be of interest to you.
CORRECTING/UPDATING PERSONAL INFORMATION
We will continue to make efforts to provide you with simple means by which you may correct, update or remove your personally identifiable information, such as your home address or phone number, from our database. You may do this on this site, by making corrections to the relevant data fields included in your user account, by e-mailing us at email@example.com or by notifying us by mail or fax (view our contact information)
CHANGES TO SITE AND TERMS AND CONDITIONS
We reserve the right to change or modify all or any portion of this site, including any and all Content, merchandise or services featured on this site, at any time in our sole discretion. Sales prices for merchandise and services are subject to change without notice, and if merchandise or services are listed at an incorrect sales price, we reserve the right to refuse, cancel or limit any orders placed for such merchandise or services at the incorrect price.
We also reserve the right to change or modify all or any portion of these Terms and Conditions at any time in our sole discretion. At times such changes may be necessary to address the addition or discontinuance of merchandise or services offered on this site, technological changes made to this site, changes made to our business procedures or practices, or other factors. More importantly, we will not be obligated to notify you of these changes as and when they are made. Accordingly, it is important that you review these Terms and Conditions regularly. If you disagree with any change that we may make to these Terms and Conditions, your sole recourse is to discontinue your use of this site.