1.Introduction
These Terms of Use constitute a legal agreement (the “Agreement” or “Terms of Use”) between CROSSROCK CASE COMPANY and/or its affiliates (“we” or “us”) and you that governs your use of the Service and purchase and use of any Crossrock products (“Products”) through the Service.
BY ACCESSING AND USING THE WEBSITE, YOU (“YOU” or “USER”) ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS TERMS OF USE REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER FOR AN ACCOUNT WITH US (“ACCOUNT”) OR ORDER FROM US. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
2.Privacy Policy & Cookies
By using the Service, you represent and warrant that you have read and understood and agree to be bound by our Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement by reference. Please read these following terms and conditions, which include our Privacy Policy and Cookies Policy (collectively, this “Terms of Use”), carefully before you use the Website because they affect your legal rights and obligations.
As explained more fully in the Privacy Policy, the Service uses Cookies to collect certain information from you. By using the Service and agreeing to these Terms of Use, you consent to our use of Cookies in accordance with the terms of our Privacy Policy.
3.Eligibility
By accessing and/or using the Service, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Service on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.
4.Account
Each Account registration is for a single user only. We do not permit you to share your Account username and/or password with any other person, nor with multiple users on a network.
You are responsible for all use of your Account, and all activity emanating from your Account, whether or not such activity was authorised by you. You are solely responsible for maintaining the confidentiality and security of your username and password. If you know or suspect that someone else knows your password or that your Account has been accessed by unauthorised persons, you should contact us immediately and change your password at the earliest possible opportunity.
We may suspend or cancel your registration, or terminate your Account immediately at our discretion where we reasonably believe that: (a) you are in breach any of your obligations under this Terms of Use; (b) there are transactions on your Account which might be fraudulent, illegal or criminal activity; or c) your use of the Website or your Account constitutes a violation of applicable laws or regulations.
You may terminate your Account at any time by sending us notice in writing to info@crossrockcase.com. However, so long as you continue to use the Website, this Terms of Use will continue to apply to you notwithstanding that you no longer have an Account.
5.Ordering
There are various methods and information on how to place an order with us throughout other areas of the Website. All orders placed by you via the Website are subject to the latest version of this Terms of Use.
The product images shown on the Website are for illustrative purposes and should be treated as general guidance only. Actual products and colours may vary. It is your responsibility prior to ordering to clarify with us exactly what products are being provided for you to purchase.
As part of our order process, you will be given the opportunity to check your order and to correct any errors. Following receipt of your order, we will send you an order acknowledgement email, detailing the products you have ordered. Please note that this order acknowledgement email is not an order confirmation or order acceptance from us.
Our acceptance of an order and the completion of a contract between you and us takes place only when we dispatch the order even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
We may refuse to accept an order:
a) where products are no longer available;
b) where we cannot obtain authorisation for your payment or suspect fraud;
c) if there has been a pricing or product description error; or
d) if you do not meet any eligibility criteria set out in this Terms of Use.
Sales to destinations not within our list of shipping countries will only be accepted with prior arrangement with our export department, and will be subject to prepayment and a minimum export sale order. You may contact us at email: info@crossrockcase.com for enquiries.
We reserve the right to limit the quantity of any product sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. In any such event you will receive a refund.
6.Pricing
All prices are in United States Dollars and include all taxes (where applicable) at the current rates but do not include delivery or other charges.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates will be made known to you.
Our prices are reviewed regularly and while we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
7.Payment
We take payment immediately and all products are subject to availability. In the event that we are unable to supply a product, we will inform you of this as soon as possible.
In the interests of preventing fraudulent use of credit, debit and charge cards, we will validate the names, addresses and other information supplied during the order process against commercially available records (e.g. electoral roll data, credit reference services etc.). A third party may also be instructed to complete these checks. By ordering from the Website, you consent to such checks being made. Any information you provide to us may also be disclosed to a registered credit reference agency which may keep a record of the information. All personal data provided by you will be processed in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy.
We do not accept foreign currencies. At the point of payment, your card issuing bank will convert the amount paid in United States Dollars to other currencies using their current exchange rate. Please bear in mind our other currency display is a guide and that your bank exchange rate may be different to our online display and will be reflected on your card statement.
8.Delivery
At present, products bought on the Website will be delivered to locations within the United States of America.
Your order will be delivered to the address you indicated when you placed your order.
Delivery charges and estimated timescales are specified on our delivery page and also when you place an order. Unless otherwise agreed with you and subject to clause 14, delivery of the products will be within 30 days beginning with the day after you ordered the products. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
9.Returns
If your product is delivered damaged, you should contact us at info@crossrockcase.com.
10.Licence
You are permitted to print and download extracts from the Website for your own use on the following basis:
a) no documents or related graphics on the Website are modified in any way;
b) no graphics on the Website are used separately from accompanying text; and
c) our copyright and trademark notices and this permission notice are to appear on all copies.
Unless otherwise stated, the copyright, trademark and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of this Terms of Use, any use of extracts from the Website other than in accordance with clause above for any purpose is prohibited. If you breach any of the terms in this Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in this Terms of Use are reserved.
11.Access
While we endeavour to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for any reasons beyond our control.
12.Prohibited Conduct
We impose certain restrictions on your use of the Service. Any violation of this Section 10 may subject you to civil and/or criminal liability.
You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent.
You must not engage in any of the following conduct on the Service, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to us or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another’s) business, or causing others to do so; or (h) paying anyone for interactions on the Service.
You must not use the Service to transmit or send unsolicited commercial communications.
You must not use the Service for any purposes related to marketing without our express written consent.
13.User Content
In these Terms of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Service, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that we shall not bring an action for infringement of any Product reviews posted by you without your express further permission.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to the Service, or stored on our servers, or hosted or published upon the Service.
Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Service.
14.Disclaimer
While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
The material on the Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of merchantable quality, fitness for purpose and the use of reasonable care and skill) which but for this Terms of Use might have effect in relation to the Website.
We do not warrant that the Website or its contents are appropriate or acceptable for use in every country of the world. It is prohibited to access the Website from territories where its contents are illegal or unlawful. Your use of the Website is at your own risk and you are responsible for compliance with applicable local laws.
15.Limitation of liability
Save as precluded by law, we and any of our group companies, officers, directors, employees, shareholders or agents of any of them will not be liable for any losses or damage that you suffer under this Terms of Use which were not a foreseeable consequence of a breach of this Terms of Use. We are not responsible for consequential and/or indirect losses which were not contemplated including, but not limited to, any loss of income or profits, loss of reputation, business or goodwill, loss of data or loss of opportunity.
We are not liable for losses that arise in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
Nothing in this Terms of Use shall exclude or limit our liability for any liability which cannot be excluded or limited under applicable law.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify, defend and hold us and our affiliates, and our and their respective officers, directors, employees, agents, contractors, successors and assigns, harmless from and against all claims, liability, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with any breach of this Terms of Use by you, or your use of the Website, or any activity related to your Account, be it by you or by any person accessing your Account with or without your consent.
16.Impossibility of performance
We shall be relieved of the obligations to perform our obligations under this Terms of Use to the extent that the performance thereof is prevented by events or circumstances beyond our reasonable control including, but not limited to, acts of God, riots or civil disorder, fire, flood, lightning, industrial dispute, war or military operations, labour disturbance, inclement weather, disease outbreaks and any acts or omissions of government, persons or bodies beyond our reasonable control.
17.Comments, questions & complaints
We welcome your feedback, however, any comments, ideas, notes, messages, suggestions or other communications sent to us regarding the Website and/or the products and services we provide shall be and remain our exclusive property, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.
18.Governing law and jurisdiction
This Terms of Use shall be governed by and construed in accordance with the laws of the State of California and without regard to its conflict of law provisions. Disputes arising in connection with this Terms of Use shall be brought in any state and federal courts located in California. WE AND YOU HEREBY KNOWINGLY AND WILLINGLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS TERMS OF USE..
19.Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights or obligations under this Terms of Use.
If any provision of this Terms of Use is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
A person who is not a party to this Terms of Use shall have no right to enforce any terms, or to enjoy any benefit under this Terms of Use.
