Terms & Conditions
TERMS OF SERVICE
This website is operated by Seven Times Six. Throughout the site, the terms “we”, “us” and “our” refer to Seven Times Six. Seven Times Six offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to 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 express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales 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 quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, 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 quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by 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. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right 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, or 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, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, 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 case shall Seven Times Six, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable 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, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Seven Times Six and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any 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.
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 260 N 500 W Bountiful Utah US 840.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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
DHL Global Mail Terms and Conditions:
These conditions apply to the transaction and relationship between end consumer (“Purchaser”) and the owner of the website (“Seller”) through which a product or parcel (“Shipment”) is being bought and which will be delivered at the final destination as requested by the Purchaser.
Purchaser and Seller acknowledge that Carrier will provide the transportation, customs clearance, distribution and certain other value added services to that Shipment. Carrier herein shall mean DHL Global Mail (DHLGM) and/or any other vendor or subcontractor contracted by DHL Global Mail to perform any part of the transportation and delivery services to Purchaser or third parties. Purchaser acknowledges that the total price he is paying at the moment of purchase/checkout includes the price of the item acquired plus all shipping and transportation charges and an estimated calculation of the applicable duties and taxes. Purchaser expressly and irrevocably agrees to pay such price, including the calculation of the applicable duties and taxes.
Purchaser warrants that all declarations and information provided with respect to the Shipment are true and correct. Any false or misleading declaration can result in fines, penalties, storage or additional handling costs, damage, loss or misdelivery of the Shipment all of which Purchaser shall be solely responsible for. Purchaser hereby agrees to indemnify Seller and/or Carrier against any and all claims brought against them as a consequence of the information provided by Purchaser and shall compensate Seller and/or Carrier accordingly. Purchaser acknowledges that once the purchase is made, the items acquired will be grouped and prepared for shipment. By opting to check out the merchandise and paying for handling, taxes and the price of the item, Purchaser explicitly agrees that Seller and Carrier can commence the handling of the international parcel prior to the expiry of any withdrawal period and thus irrevocably waives any right to withdraw his shipping and distribution order.
By opting to entrust DHLGM with the handling and transportation of the Shipment, Purchaser agrees to the standard terms and conditions of carriage in place at the time of the transportation of the Shipment. The applicable standard terms and conditions of the carrier including any limitation of liability terms and its respective amounts, can be found at carrier’s website at www.dhlglobalmail.com
If the Purchaser gives oral or written instructions contrary to these general conditions when purchasing goods from a Seller’s website and/or when entrusting Carrier with the handling of the Shipment, Carrier shall not be bound by such instructions. Likewise, Carrier is not a party to any contract agreed upon between Seller and Purchaser, including but not limited to any contract regarding the transportation of the purchased goods.
Carrier will not carry items that may not be lawfully carried aboard airline, aircraft or other federally regulated carriers and is not a prohibited commodity under any applicable statutes and regulations, is not a hazardous material, complies with all applicable customs, import, export and other laws and regulations, and is properly packaged or sheathed for the purpose if necessary. Carrier reserves the right to refuse any item that by reason of danger or other character of its contents is likely, in the sole judgment of Carrier to soil, taint, or otherwise damage other merchandise or equipment, or that is economically or operationally impracticable to transport, or that is improperly packed or wrapped. If the Shipment cannot be delivered or transported for any of the reasons herein, Purchaser accepts it will not receive the Shipment.
Purchaser understands that transport by Carrier does not comprise any special facilities with respect to perishable goods. Shipments containing perishable goods are accordingly transported at the Purchaser's exclusive risk and without any liability of Carrier or Seller. Carrier does not agree to carry, and will not accept any liability for items which it is not permitted to carry by policy or any applicable law, cannot safely carry, or for any goods described in Carrier’s policy on unacceptable shipments.
Carrier may at any time refuse to handle or suspend the transportation of a Shipment if it considers that Carrier may be at risk of violating any internal policy or law or may become aware or has reason to believe the information provided is false or inaccurate or could be dangerous and impose risk to any person or property and shall therefore stop any service rendered immediately without any liability to Carrier. If for the preceding reasons Carrier needs to destroy the contents of the Shipments it shall do so at its own discretion and Purchaser shall be responsible for all costs.
For shipments destined to EU-member countries specifically, services will be provided to Purchaser only after Purchaser has paid for the duties and taxes at the moment of purchase of products at the Seller’s website and explicitly agreed to become Importer of Record, which Purchaser hereby explicitly agrees to. Customs clearance shall be made in the name and on behalf of Purchaser as ultimate Importer of Record. As the importer of record, the Purchaser agrees to be ultimately responsible for importing the purchased goods within the Shipment into the destination EU-member state.
Purchaser hereby gives a proxy or power of attorney (“POA”) to Carrier for the customs clearance of his Shipment. This POA authorizes Carrier’s assigned customs broker to act on behalf of Purchaser. Carrier's intervention with respect to customs formalities may be done by a customs agent designated by Carrier on the Purchaser's behalf.
Purchaser hereby acknowledges to have understood the concept of Importer of Record and the need of the POA and further states that the terms of the POA or terms of the purchase from Seller and transportation conditions from Carrier are not unreasonable or unknown to Purchaser, that Purchaser has read them, understood them and further has agreed to them.
Purchaser shall be solely responsible for the payment of customs duties, value added taxes (“VAT”) or other taxes. To the extent that Seller and or Carrier advance any customs duties, VAT or taxes, Purchaser shall reimburse any and all of such duties and taxes incurred. Purchaser acknowledges that the amount paid at the time of checkout is based on an estimated calculation of the applicable duties and taxes, but actual duties and taxes will be imposed only at the time of clearance and Purchaser is responsible to pay those actual duties and taxes even if they differ from the amounts provided at the time of checkout, plus additional penalties or fees imposed by the tax or customs authorities. In the event of a difference between the calculated and the actual taxes and duties levied on the goods purchased by the Purchaser, Purchaser is responsible to pay such difference. If such amount is advanced by Carrier in order to expedite delivery of goods, Purchaser shall be responsible for paying the amount to Carrier directly or through Seller.
In the event that customs authorities impose a procedural fine (eg. for restricted or prohibited goods, lack of documentation, etc.) to Carrier or Seller, Carrier may choose to pay the fine immediately in order to avoid any delay in the customs clearance process. Purchaser shall reimburse any and all fines incurred. Purchaser agrees that Carrier or any governmental agency, including customs authorities, may open and inspect the Shipment at any time, without prior notice. Purchaser releases Carrier and Seller of any liability for any delay or damage caused to the Shipment as a result of any inspection performed by any authority.
Carrier is not liable for any interruption of service due to causes beyond its control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the Shipment; acts of God; acts of public authorities; acts or omissions of customs or other authorities; insufficient information provided by Seller or Purchaser; the application of security regulations imposed by the government, or otherwise applicable to the delivery location; riots, strikes, or other labor disputes; civil commotions; disruptions in air or ground transportation networks, such as weather phenomena; and natural disasters.
The Shipment shall be delivered by handing it over at the address provided at the time of purchase and checkout. The Carrier is not obliged to hand over the Shipment personally to the Purchaser. If the delivery place has a reception (such as hotels or apartment complexes among others), the Shipment may be handed over at this reception. Carrier will make every reasonable effort and attempt to deliver the Shipment. If the Shipment is not received and its delivery turns impractical after several attempts according to Carrier’s policies or even impossible, the Shipment will no longer be delivered to Purchaser and Purchaser will not have a claim against Carrier or Seller for non-delivery of Shipment.
Carrier is strictly limited to direct loss only. It is agreed that the liability of Carrier shall be limited to the lesser of: (a) $US 25.00/kilogram or $US 11.34/lb for shipments transported by air or other non-road mode of transportation; or (b) $US 12.00/kilogram or $US 5.44 /lb for shipments transported by road; or (d) the actual value of the parcel. The “actual value” of a document or parcel means the cost of replacing or reconstructing the same and does not include any commercial utility or special value to the Purchaser or any other person. Carrier assumes no liability whatsoever for consequential damages of any kind, including without limitation, loss of income, profits, markets, interest, business opportunity, use of the goods; for any loss or damage arising from the inherent nature of the goods; for special damages or loss; for other indirect loss; or for breach of other contracts even if the risk of such loss was brought to Carrier’s attention before or after acceptance of the Shipment.
The Shipment is regarded to have been delivered in good condition unless the addressee has reported damage or loss of content at the time of receipt. Any loss or damage at the time of delivery must be reported to Seller on the day the Shipment was received or should have been received.
Questions about the Terms of Service should be sent to us at Levi@seventimessix.com.