Terms of service
OVERVIEW
Welcome to Hayfinity! The terms “we”, “us”, and “our” refer to Hayfinity. Hayfinity operates this shop and website, including all related information, content, features, tools, products, and services, in order to provide you, as the customer, with a customised shopping experience (the “Services”). Hayfinity is powered by Shopify, which enables us to provide the Services to you.
The rules and conditions below, together with any policies referenced herein (these “Terms of Use” or the “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights and include provisions such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to comply with these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Use, you confirm that you have reached the age of majority in the country or region where you reside, and that you have given us your consent for any minors under your care to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online shops or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery details. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account details and for all activity that occurs under your account. You must not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online shops. However, colours or product appearance may differ from how they are shown on your screen, depending on the type of device you use to access the shop and your device settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed or described in our online shops.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantity of any product offered to any individual, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Hayfinity reserves the right to accept or reject your order for any reason, at our sole discretion. Your order is not accepted until Hayfinity has confirmed that we have received it. We must have received and processed your payment before your order is accepted.
Please review your order carefully before submitting it, as Hayfinity may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, amend, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided at the time the order was placed.
Your purchases may only be returned or exchanged in accordance with our Refunds Policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without prior notice. The price for a product or service is the price in effect at the time of ordering and is stated in your order confirmation sent by email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs, or import duties.
Prices in our online shops may differ from prices in physical stores, online shops, or other shops operated by third parties. We may, from time to time, offer promotions through the Services that affect pricing and that are governed by rules and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotional terms shall apply.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card number, and expiry date, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card details you provide are true, accurate, and complete; (ii) you are authorised to use the credit card for the purchase; (iii) the charges incurred will be honoured by your credit card issuer; and (iv) you will pay the charges incurred at the listed prices, including shipping and handling costs and any applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and cannot be guaranteed. We are not liable for delays caused by courier services, customs clearance, or events beyond our control. Once we hand the products over to the courier, ownership and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Hayfinity, its subsidiaries, or licensors and are protected by applicable intellectual property laws.
These Terms allow you to use the Services only for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Unless expressly stated otherwise, nothing in these Terms grants you any licence or rights under any patent, trademark, copyright, or other intellectual property belonging to Hayfinity, Shopify, or any third party. Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Hayfinity.
Hayfinity’s name, logos, product and service names, designs, and slogans are trademarks owned by Hayfinity or its subsidiaries or licensors. You may not use such trademarks without prior written permission from Hayfinity. Shopify’s name, logo, product and service names, designs, and slogans are trademarks owned by Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or influence over.
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 have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the launch of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to visit. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not liable for any damage or loss associated with your access to third-party websites, your purchase or use of products, services, resources, or content available through third-party websites. Please read third-party policies and procedures carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Hayfinity is powered by Shopify, which enables us to provide the Services to you. However, all purchases and sales conducted in our shop take place directly between you and Hayfinity. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transaction between you and Hayfinity, including any damage or loss arising from products or services purchased. You hereby release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchases and transactions with Hayfinity.
SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is governed by our Privacy Policy, and certain personal data may also be subject to Shopify’s Privacy Policy, which can be accessed here. By using the Services, you confirm that you have read these privacy policies.
Because the Services are provided by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services for the purpose of providing and improving the Services for you. Information you submit through the Services will be transferred to and shared with Shopify and third parties that may be located in countries other than the one in which you reside, for the purpose of providing services to you. Please read our Privacy Policy for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, concepts, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, provide, evaluate, improve, and market the Services, and to fulfil our obligations and exercise our rights under these Terms of Use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with providing the Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) treat your Feedback as confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Use.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or contain any computer virus or other harmful software that may in any way affect the operation of the Services or any related website. You must not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for all Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS AND OMISSIONS
From time to time, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery 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 is inaccurate, without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You must not, directly or indirectly, use the Services:
(a) for any unlawful or harmful purpose;
(b) to violate international, federal, provincial, or national regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person;
(e) to submit false or misleading information;
(f) to send, intentionally receive, upload, download, use, or re-use material that does not comply with these Terms;
(g) to transmit or procure the sending of advertising or promotional material, including “junk mail”, “chain letters”, “spam”, or any other similar solicitation;
(h) to impersonate or attempt to impersonate any person or entity; or
(i) to engage in any other conduct that restricts or inhibits any other person’s use of the Services, or which, in our judgement, may harm Hayfinity, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track the personal data of others;
(d) send spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion and without prior notice. You remain responsible for all amounts due up to and including the date of termination.
The following sections shall continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general information purposes only. We do not guarantee that this information is accurate, complete, or useful. Any reliance on such information is entirely at your own risk. We disclaim all liability arising from your reliance, or anyone else’s reliance, on materials posted on the Services.
EXCEPT WHERE EXPRESSLY STATED BY HAYFINITY, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE OFFERED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, HAYFINITY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL NOT 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 SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Hayfinity and Shopify, and our subsidiaries, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from any losses, damages, liabilities, or claims, including reasonable legal fees, paid to a third party due to or arising from (1) your breach of these Terms of Use or the documents they reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify you promptly will not relieve you of your obligations unless you have been materially prejudiced. We may control the defence and settlement of such claims at your expense, including the selection of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You must cooperate in the defence of indemnifiable claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this website or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, previous versions of these Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be interpreted against the party who drafted them.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms of Use and any separate agreements under which we provide Services to you shall be governed by and interpreted in accordance with the laws and courts of the jurisdiction in which Hayfinity’s head office is located. You and Hayfinity consent to the venue and personal jurisdiction of such courts.
SECTION 22 – HEADINGS
Headings in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23 – 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, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
SECTION 24 – CONTACT DETAILS
Questions regarding the Terms of Use should be sent to us at info@hayfinity.com.
Our contact information is listed below:
Hayfinity
(Simplexor AB)
info@hayfinity.com
Konsulns väg 17, 254 82 Helsingborg
+46 708 417976
559419-8631
SE559419863101