Terms of Services
Last Updated: October 30, 2024
1. Overview
Welcome to the website of Oli & Carol US ("we," "us," or "our"). By accessing or using our website (the "Site") and purchasing products from us, you ("you" or "your") agree to be bound by these Terms of Service ("Terms"), including any additional terms and policies referenced herein or available by hyperlink. These Terms apply to all users of the Site.
Please read these Terms carefully before accessing or using our Site. If you do not agree to all the terms and conditions, you may not access the Site or use any services.
2. Eligibility
By using this Site, you represent and warrant that you are at least 18 years of age or the age of majority in your state or province of residence. If you are under 18, you may use the Site only with the involvement of a parent or legal guardian.
3. Privacy Policy
Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference.
4. Use of the Site
You agree to use the Site only for lawful purposes and in a manner consistent with these Terms and applicable laws and regulations. You agree not to:
- Use the Site in any way that could damage, disable, overburden, or impair it.
- Attempt to gain unauthorized access to any part of the Site or any systems or networks connected to the Site.
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
5. Intellectual Property Rights
All content on the Site—including text, graphics, logos, images, and software—is the property of Oli & Carol US or its content suppliers and is protected by U.S. and international copyright and trademark laws. Unauthorized use of any content is strictly prohibited.
6. Product Information
We strive to display product information, including pricing and availability, as accurately as possible. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
7. Orders and Billing
7.1. Order Acceptance
We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available for purchase, inaccuracies in product or pricing information, or problems identified by our credit and fraud avoidance department.
7.2. Payment Terms
By providing a payment method, you represent that you are authorized to use the payment method provided and that you authorize us to charge your payment method for the total amount of your order, including any applicable taxes and shipping fees.
7.3. Account Information
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You are responsible for updating your account and other information promptly.
8. Shipping and Returns
8.1. Shipping Policy
For information on our shipping practices, please review our Shipping Policy.
8.2. Returns and Refunds
Please refer to our Returns and Refunds Policy for details on returns and refunds.
9. Pre-Orders
Orders containing pre-order products will be shipped once all items are available. To receive available items sooner, please place separate orders for pre-order and in-stock products.
10. Third-Party Links
Our Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over—and assume no responsibility for—the content, privacy policies, or practices of any third-party websites or services.
11. User Content
If you submit or post any content on the Site ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, and distribute such content throughout the world in any media.
You represent and warrant that:
- You own or control all rights to the User Content.
- The User Content is accurate.
- Use of the User Content does not violate these Terms and will not cause injury to any person or entity.
12. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws or regulations.
- Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
- Uploading or transmitting viruses or any other malicious code.
- Collecting or tracking the personal information of others without consent.
- Engaging in any fraudulent or deceptive practices.
13. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
14. Limitation of Liability
IN NO EVENT SHALL OLI & CAROL US, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE.
15. Indemnification
You agree to indemnify, defend, and hold harmless Oli & Carol US and its affiliates, officers, directors, employees, and agents from any claim, demand, loss, or damages—including reasonable attorneys' fees—arising out of or related to your breach of these Terms or your violation of any law or the rights of a third party.
16. Termination
We reserve the right to terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.
17. Governing Law
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
18. Dispute Resolution
Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration will take place in New York, New York, and the arbitral decision may be enforced in any court of competent jurisdiction.
19. Changes to the Terms
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
20. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
21. Entire Agreement
These Terms, along with any policies or operating rules posted by us on the Site, constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior agreements.
22. Contact Information
If you have any questions about these Terms, please contact us at:
Email: sales@hotalinginc.com
Address: Hotaling Imports Inc., 102 E Seneca St suite 310, Sherrill NY 13461, United States