TERMS AND CONDITIONS OF SALE FOR HUMANKIND BOX, LLC
Order Acceptance and Cancellation. These Terms are a legally binding contract between you and HumanKind Box. You agree that your order is an acceptance of these Terms and forms a contract of sale between HumanKind Box and you.
Prices and Payment Terms. Prices do include shipping
All prices posted on this Website are subject to change without notice. We also reserve the right to increase prices if HumanKind Box's costs increase or for other circumstances beyond our control. Price increases will only apply to orders placed after such changes. Posted prices include charges for shipping and handling but do not include taxes. All such taxes will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. We may also substitute items of equal value contained within the Products depending upon availability and our discretion.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, JCB, Discover, and Diners Club for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. The price you pay includes all shipping and handling charges specified during the ordering process. Prices do include shipping.
Title and risk of loss pass to you upon our transfer of the Products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
HumanKind Box's Limited Warranty; Remedies. HumanKind Box specifically makes no warranty of merchantability or fitness for any particular purpose. HumanKind Box is not liable for Products damaged in shipment, or improper care or storage of the Products.
OUR LIABILITY TO YOU WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. WE DO NOT PROVIDE MEDICAL ADVICE OR CARE AND NOTHING CONTAINED WITHIN OUR WEBSITE, PRODUCT DESCRIPTIONS OR MATERIALS SHOULD BE CONSTRUED AS SUCH. OUR PRODUCTS ARE NOT INTENDED UNDER ANY CIRCUMSTANCES TO BE A SUBSTITUTE FOR MEDICAL ADVICE OR CARE.
5. Intellectual Property Use and Ownership. You acknowledge and agree that HumanKind Box and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each Product made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products made available through this Website or of any intellectual property rights relating to those Products.
6. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Statement, www.humankindbox.com/privacy, governs the processing of all personal data collected from you in connection with your purchase of Products through the Website.
7. Governing Law and Jurisdiction. All matters relating to these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
9. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of HumanKind Box.
10. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to HumanKind Box, LLC at 21927 Gaukler Street, Saint Clair Shores, MI 48080. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
12. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.