Hable Terms of Sale

Last Updated: 25 August 2020            

 

Please read these terms of sale (these “terms”) carefully before purchasing products from Hable One BV (“Hable,” “WE”,  “US”, OR “OUR”).These Terms govern your purchase of our Products (“Order”) from our Sites and App. By purchasing products from us, you agree to be bound by these terms in addition to our terms of use and any other terms which are incorporated therein by reference.  if you do not agree to all of these terms, do not purchase products from us.  

 

We reserve the right to change or modify these Terms at any time and at our sole discretion.  If we make changes, we will notify you by revising the date at the top of these Terms. Every time you order Products from Hable, the Terms in force at that time will apply to such purchases. We encourage you to review these Terms each time you make a purchase from us to ensure you understand the terms and conditions that apply to such purchase.

1. Placing your order

The Hable website (www.iamhable.com) is the only place where Hable Products may be purchased from. Hable Products purchased from anywhere other than the Hable Sites (and in certain cases Hable-run events), will not be covered under the rights and provisions of any Hable policies, terms or conditions. 

 

To process your Order, you will be required to provide certain billing and shipping details so that your Order can be fulfilled. These details include your name, email address, physical billing address, physical shipping address and phone number. Please note that when you provide your credit card details for payment, you are providing them to our third-party payment service provider, who will process the payment for your Order. It is also important that the billing address that you provide corresponds with the party who paid for the Hable product(s). This is necessary to satisfy credit card processing requirements and to prevent fraud. For this reason, billing details cannot be changed once your Order is completed.

2. Pricing & Availability

By placing an Order, you agree to pay the amount displayed on your Order checkout page. All prices are shown in EUR. Although the Services may be accessible worldwide, the Products and Services are not designed and tested for use in all countries. All Products are subject to availability and we reserve the right to impose quantity limits on any Order, cancel all or any part of an Order, and discontinue Products without notice, even if you have already placed your Order. All prices are subject to change without prior notice.

3. Payment and billing information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your Order may be suspended or cancelled if you do not resolve the issue promptly.

 

You acknowledge that the amount billed may vary due to promotional offers, changes to your Order or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

4. Order fulfillment

All Orders must be accepted by Hable. Your order is still being produced and will be shipped after the production is complete. While we do everything in our power to prevent errors in Orders, in the event of an error in Hable communication, we reserve the right to correct such error and revise, cancel or refund your Order if necessary.

 

Please note that Products purchased by you are to only be for personal or gift use - any other use is not permitted under the Terms. All Orders are subject to availability. As part of Order processing, Hable may screen Order requests and reserves the right to reject all or part of an Order, in cases such as:

  • Insufficient stock or discontinuation of an item

  • If the party receiving the Order is suspected to be a reseller, suspected of fraud or is in a location that is not serviced by Hable’s shipping provider

  • Errors in Order details or credit card processing

 

 You may also be contacted via the email address that you provide in your Order, to confirm Order details. Hable takes illegal activity very seriously and reserves the right to cancel Orders and accounts, in instances of illegal activity.

5. Anti-fraud

Hable will engage in fraud prevention activities to protect the rights of legitimate customers and so as not to profiteer from fraudulent transactions. Hable reserves the right to monitor transactions for signs of fraud, such as: number of units ordered, time of Order, country of Order and information from the payment gateway. If a transaction is flagged for potentially being fraudulent, Hable reserves the right to cancel the transaction, refund any monies received and potentially bar the credit card and customer from future purchases.

 

Fraud prevention extends to the use of Hable Services, Products and Hable accounts and if they are subject to suspected fraudulent activity, Hable reserves the right to make contact using details provided, and lock both Hable accounts and hardware.

6. Shipping & handling

Hable Products are specially packed for shipping in environmentally friendly Hable packaging and a suitable box. Shipping boxes may be different for larger Orders. Shipping and handling charges are provided at the time of ordering, when details are entered via the Hable checkout page. You agree to check all charges before submitting your Order. You agree to pay any shipping and handling charges presented to you at the time you make a purchase. When you place your Order, you will also be provided with an estimated range of time that it will take your Order to reach you; please note that these dates are only provided as an estimate. Your Order is shipped to you via Hable’s third-party shipping provider and a local carrier. This means that title to, and the risk of loss for, all Products passes to the buyer upon our delivery of the Products to the third party carrier. In no event will Hable be liable for any loss, damage, or penalty resulting from a delay in shipment or delivery.

7. Taxes

We will collect applicable taxes and duties on Orders for which we determine we have a duty to collect. If an Order is subject to sales tax or duties, you agree that the amount of taxes and duties shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

8. Errors

We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all Product descriptions, photographs, pricing or other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, at a physical retail location, in an Order confirmation or in processing an Order or delivering a Product, we reserve the right to correct such error and revise your Order accordingly (including charging the correct price) or to cancel the Order and refund any amount charged. Your sole remedy in the event of an error is to cancel your Order and obtain a refund.

9. Return policy

In certain cases, you may be entitled to return your items from your Order. For details on when and how to return items from your Order, please visit our Returns Policy.

10. Limited product warranty

To the fullest extent permitted by applicable law and subject to any applicable consumer guarantees that cannot be excluded, modified or restricted by law, Hable warrants that your Hable Products shall, as of the date of delivery, be free from material defects for a period of one (1) year. The date of delivery is considered the date that our delivery service has recorded delivering your Hable Product as per delivery tracking, not any other date. As your sole and exclusive remedy and Hable’s sole liability for any breach of the foregoing warranty, Hable will repair or replace the affected Product in accordance with its Product Warranty Policy.  For details on Hable Product limited warranties, please visit our Product Warranty Policy.

11. No medical advice

Hable does not provide medical advice and hable products and services are not intended as a substitute for qualified medical advice or treatment.  In the instance that you are seeking medical advice, to diagnose a health condition, therapeutic benefits or are unsure of how hable products or services will interact with your health, please consult with a medical professional before using or relying on any information provided by the hable products and services. information provided to you via hable products and services is based upon predictive indicators, and a user must draw their own conclusions – in consultation with a medical professional – about the value of the information provided by the products and services.

12. Indemnification

To the fullest extent permitted by applicable law, and in addition to the indemnification obligations set forth in the Terms of Use, you agree to indemnify, hold harmless and defend Hable and the Hable Parties from and against all claims, damages, losses, liabilities, costs and expenses, including but not limited to, attorneys’ fees, that are caused by, arise out of or are related to (a) your purchase or use of any Product in a manner that is illegal, tortious, or violates the rights of another, or that constitutes a misuse of the Product; (b) your breach of these Terms; or (c) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Hable reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms and your use of the Products. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Hable.

13. Disclaimer of warranties

Except for the limited product warranty expressly set forth herein and subject to any legal rights you may have under any law that applies to you which cannot be excluded, restricted or modified by agreement (“your consumer rights”), the products are provided strictly on an “as is” and “as available” basis without warranty of any kind, express or implied or statutory, the express warranties set forth in these terms are in lieu of, and hable specifically disclaims, all other warranties whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

Nothing in these terms of use limits, excludes, restricts, modifies or purports to limit, exclude, restrict or modify your consumer rights. if any part of these terms contradicts your consumer rights or any other applicable law, then your consumer rights or other applicable law will prevail over that part.  If you suffer any loss in connection with our products or services, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.

14. Contacting Hable

We want to help you stay informed about your privacy when you use Hable products and services. If you have any questions about this Privacy Policy, please contact us via contact@hable.info or write to us at:

 

Hable One B.V., Groene Loper 3, 5612AE Eindhoven, the Netherlands.

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Groene Loper 3, 5612AE Eindhoven, The Netherlands

KVK: 78194393

BTW: NL861297714B01

Copyright © 2020 Hable One B.V. All rights reserved.