Index
Privacy Policy
Terms & Conditions
Warranty (Section 13 of Terms & Conditions)
Shipping (Section 12 of Terms & Conditions)
Returns (Section 14 of Terms & Conditions)
Privacy Policy
Please read this privacy policy (this “Privacy Policy”) carefully. Your use of www.hypex.co (the “Website”) to access the Website and purchase products (the “Products”) offered by Hypex LLC (“Hypex Co” or “we” or “our” or “us”) on the Website and your acceptance of the Terms and Conditions (the “Agreement”) by using the Website creates a binding, legal agreement between Hypex Co and you (“you” or “your”). Your access to the Website and purchase of Products shall be governed by the Agreement and also by this Privacy Policy. This Privacy Policy also describes how Hypex Co collects and uses information you post to the Website and provide to Hypex Co. The Agreement and this Privacy Policy may be collectively referred to as the Agreement, are intended to be read together, and in the event of a conflict between the Agreement and this Privacy Policy, the terms of the Agreement shall prevail. Your use of the Website shall also become the effective date of this Privacy Policy (the “Effective Date”). If you choose to accept this Privacy Policy, you must do so as written, without modification. If you do not accept this Privacy Policy, you will not be allowed to access the Website. By using the Website, you accept the terms and conditions described in this Privacy Policy. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Privacy Policy as an individual or on behalf of your employer. Hypex Co and you are individual, a “party” and collectively, the “parties.”
1. Personal Information. When purchasing Products, you agree to provide the information requested on the Website completely and accurately. As part of the purchase process, Hypex Co asks you to provide your name, a method by which to contact you (such as a telephone number or email address), your location, your age, the Products you wish to purchase, your credit card or debit card information, and other information. Additionally, Hypex Co may request identification when a credit card payment is made. You are responsible for providing complete and accurate information (“Personal Information”). Hypex Co may occasionally send informational emails, such as newsletters, to registered users. To opt out of these informational emails, please follow the “unsubscribe” directions in those emails.
2. Updates to Privacy Policy. Hypex Co RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS PRIVACY POLICY IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS PRIVACY POLICY.
3. Children’s Privacy. The Website and the Products are directed to people who are at least 18 years old. Hypex Co does not knowingly collect Personal Information from anyone under the age of 18. If you are aware that Hypex Co has collected Personal Information from someone under the age of 18, please alert Hypex Co at info@hypex.co and the information will be removed from our system as soon as reasonably possible. Hypex Co does not knowingly aggregate or provide Public Information about people under the age of 18.
4. Third Parties. Except as expressly provided in this Privacy Policy, Hypex Co will not share your Personal Information with third parties without your permission. Hypex Co does not sell your Personal Information to third parties. Hypex Co may provide aggregate statistical information (such as the city or state in which you live) to third parties to describe Hypex Co' services to prospective partners, advertisers, and other third parties, and for other lawful purposes. Hypex Co will not, however, disclose any personally identifiable information to these parties without your express permission or unless permitted by this Privacy Policy.
You understand and agree that we monitor usage on the Website and the purchases of Products and that we may share your use of the Website and Services, including Personal Information, with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Website and purchase of Products is for an unlawful purpose. We may also share your use of the Website and purchase of Products, including Personal Information, to third parties without your prior consent as required by law, a court order, a subpoena, legal process, governmental request, to investigate fraud, or as Hypex Co determines is necessary or advisable to protect its interests or your safety or the safety of others.
We may also provide your Personal Information to companies that provide services to help us with our business activities such as hosting provider or analytics provider or for the purpose of processing your form of payment, such as a credit or debit card. These companies are authorized to use your Personal Information only as necessary to provide these services to us. We will not be liable for their acts or omissions, and you shall hold us harmless for such acts or omissions.
If you have any questions about the ways in which Hypex Co protects your Personal Information, or if you wish to update or remove your Personal Information from Hypex Co' database, please feel free to contact us at Info@hypex.co
We will retain your Personal Information for as long as your account is active or as needed to provide you Products. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, as required by law, or for applicable statutes of limitations periods. Subject to your right to remove Personal Information as described below and our right to remove posted information in violation of the terms of this Privacy Policy, your posted information may remain on the Website as stated in this paragraph. Hypex Co reserves the right to remove your posted information at any time for any reason.
5. Cookies. Hypex Co uses cookies on the Website. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. When you log in to Hypex Co the session ID cookie allows us to maintain a unique and secure (encrypted) connection with the user. A persistent cookie remains on your hard drive for an extended period of time. Hypex Co uses persistent session cookies to assist in navigation and for showing custom messages to you. You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory. If you reject cookies, you may still use the Website, but your ability to use some areas of the Website, such as logging in, will be limited.
The use of cookies by our partners, affiliates, tracking utility company, and service providers are not covered by this Privacy Policy. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, and service providers use session ID cookies to make it easier for you to navigate the Website.
6. Linking Policy. The Website may contain links to other websites. Unless expressly stated, Hypex Co does not intend these links to be referrals or endorsements of the linked entities. These links are provided because they may be of interest to you and other Hypex Co users. Hypex Co is not responsible for the privacy policies or content of other websites. We encourage you to carefully read the privacy policy of any website you visit.
Our Website may also include social media features, such as the Facebook Like button and widgets, the Twitter button, or interactive mini-programs that run on the Website. These features may collect your IP address, which page you are visiting on the Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Website. Your interactions with these features are governed by the privacy policy of the company providing it.
You can also log in to the Website using sign-in services such as Facebook and Google. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on the Website to your profile page to share with others within your network.
7. Security. The security of your Personal Information is important to Hypex Co. When you enter sensitive information such as a credit card number to purchase the Products, we encrypt the transmission of that information using secure socket layer technology (SSL). Hypex Co follows generally accepted standards to protect the Personal Information you submit to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
8. Posted Information. Your voluntary disclosures of Personal Information on the Internet can be collected and used by others. Hypex Co will not, however, include any personally identifiable information on our message boards unless you specifically voluntarily include it in the content of your posting. To request removal of your Personal Information from our blog or community forum, contact us at Info@hypex.co. In some cases, Hypex Co may not be able to remove your Personal Information, in which case Hypex Co will let you know if we are unable to do so and why.
9. Term and Termination. The term of this Privacy Policy shall begin on the Effective Date and continue until terminated as expressly provided in this Privacy Policy (the “Term”). The Agreement and this Privacy Policy shall run concurrently and if either terminates, then the other shall automatically terminate. You may terminate this Privacy Policy at any time by delivering an email to Hypex Co at Info@hypex.co. Hypex Co may immediately terminate this Privacy Policy as required by law or due to your breach of any provision of this Privacy Policy in Hypex Co' determination. Termination will become effective immediately. Upon termination, all license rights granted herein shall immediately terminate, and you will not be allowed to use the Website or Purchase Products. The following Sections of this Privacy Policy shall survive termination or expiration of this Privacy Policy for any reason: 8, 9, and 10.
10. Notice. Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed on the Website in our case, and to the address you listed in your registration page in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.
Terms & Conditions
1. Introduction. This website, www.hypex.co, (the “Website”) permits users like you to purchase products, in1. Introduction. This website, www.hypex.co, (the “Website”) permits users like you to purchase products, in accordance with the terms of these Terms and Conditions (the “Agreement”).
2. Legal Agreement.
(a) Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” or “your”) and Hypex Co LLC. a Ohio company (“Hypex Co” or “we” or “our” or “us””).
(b) The effective date of this Agreement (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as written, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately. You agree that by using the Website, such use constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. Hypex Co and you are individually, a “party” and collectively, the “parties.”
(c) You agree that any purchase of Products from us, whether through the Website, our retail store or otherwise, shall be governed by this Agreement.
3. Privacy Policy. Your access to the Website and purchase of the Products shall be governed by this Agreement and also by the Privacy Policy. The Privacy Policy also describes how Hypex Co collects and uses information you post to the Website or provide to us. This Agreement and the Privacy Policy may be collectively referred to as the Agreement, and are intended to be read together. A Privacy Policy link is available at the bottom of the website at all times.
4. Terms and Termination. The term of this Agreement shall begin on the Effective Date and continue until terminated as expressly provided in this Agreement (the “Term”). This Agreement and the Privacy Policy shall run concurrently and if either terminates, then the other shall automatically terminate. You may terminate this Agreement at any time by delivering an email to us at the address listed in the “contact us” section of the Website. Hypex Co may immediately terminate this Agreement as required by law or due to your breach of any provision of this Agreement in Hypex Co' determination. Termination will become effective immediately. Upon termination, all rights granted by Hypex Co to you under this Agreement, including your use of the Website, shall immediately terminate, and you will not be allowed to use the Website or purchase Products. The following Sections of this Agreement shall survive the termination or expiration of this Agreement for any reason: 4, 6, and 16 - 26.
5. Updates to this Agreement. Hypex Co RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. Hypex Co may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Products at any time.
6. Prohibited Uses.
(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).
(b) You shall not use the Website or Products: (i) to harass, intimidate, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, pornographic, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.
(c) You shall not copy, modify, creative derivative works of, or reverse engineer, in whole in or part, Hypex Co’ (i) Website, including its components or contents, in whole or part, (ii) Products, or (iii) trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “Intellectual Property”).
(d) Except as expressly stated in this Agreement, Hypex Co does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Hypex Co to you under this Agreement are expressly reserved to Hypex Co.
7. Orders. Some items on the Website may be illegal in your or other areas for possession. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website.
8. Hypex Co will not sell to any individual or group outside the State of Ohio without the above conditions being met.
9. Legal Disclaimers. Hypex Co offers no legal advice regarding laws applicable to your purchase of Products. We have provided general information herein to you of federal laws that may affect your purchase. It is your responsibility, as the buyer, and not Hypex Co, as the seller, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
10. Change and Cancellation Policy. If you order the wrong Products, you may change your order up until the time the order is shipped. Once an order has been shipped, if you wish to change an item you must follow the guidelines in the Returns and Exchanges section below. If you would like to cancel your order you may do so up until the time the order has shipped. Once an order has been shipped you must follow the guidelines in the Returns and Exchanges section below. You can contact us about a change or cancellation at the email listed in the footer section of the Website. If you choose to send an email you must use “order change” or “order cancellation” in your email subject line to make sure the email is prioritized before the order ships.
11. Payment.
Credit Card Orders. We accept Visa, Mastercard, Discover, and American Express. By ordering with a credit card you agree that you are authorized to use such credit card and, if there is a billing dispute, to handle any billing disputes with us.
Hypex Co reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer's order. If the order is cancelled and charges to the credit card used will be voided or refunded.
12. Shipping
We offer worldwide shipping (excluding the countries listed below) on all our products. Shipping prices differ between location. To calculate shipping, simply add your products to cart and enter your shipping address at checkout.
Orders are processed within two business days. Estimated shipping times start from when the shipment is collected by the carrier (UPS, USPS, DHL, etc).
During sale events and product drops/launches, there may be slightly longer processing times due to high demand.
Customers are responsible for any and all local import duties, tax, etc. Due to the nature of this product, Hypex Co is not responsible for any lost, stolen or seized packages and this risk falls to the customer. Please find our extended shipping policy here.
We are unable to ship to the below countries.
Customer Conditions:
13. Operation and Warranty. All our products are covered under warranty. For more information, please check out the WARRANTY section.. Products that have been modified or converted are not covered under a manufacturer's warranty. Except as expressly stated herein, no further warranties apply.
14. Returns
15. Representations and Warranties. By placing an order, you warrant and represent that you will use the Products in a lawful manner and that you are of legally able to purchase and use the Products.
16. Law Enforcement. Anyone known or believed to use the Products other than for the Purpose, or to provide false information, or to attempt to defraud us in any way will be reported to the proper authorities. You understand and agree that Hypex Co monitors usage on the Website and of purchase of Products and that, in accordance with the terms of this Agreement and the Privacy Policy, we may share your use of the Website and purchase of Products Services, including Personal Information (as defined in the Privacy Policy), with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Website or Products is for an unlawful purpose. We may also share your use of the Website and purchases of Products, including Personal Information, to third parties without your prior consent as required by law, a court order, a subpoena, legal process, governmental request, to investigate fraud, or as Hypex Co determines is necessary or advisable to protect its interests or your safety or the safety of others.
17. Indemnification. You shall defend, indemnify, and hold harmless Hypex Co and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
18. Disclaimer of Warranties.,
(a) EXCEPT AS EXPRESSLY STATED HEREIN, Hypex Co: (A) PROVIDES ACCESS TO THE WEBSITE AND THE PRODUCTS ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE PRODUCTS, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND THE PRODUCTS. EXCEPT AS EXPRESSLY STATED HEREIN, Hypex Co DOES NOT WARRANT THAT THE WEBSITE OR ANY THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, WEBSITE DOWNTIME, OUTAGES, WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation, and stock discrepancies) are inevitable. Hypex Co is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, Hypex Co will not be held liable for the misuse of any Product purchased from us or any of our distributors and dealers.
19. Limitations of Liability.
(a) Hypex Co SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Hypex Co' TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Hypex Co' UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
20. Compliance with Applicable Law. Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed under the “contact us” section of the Website in our case, and to the address you listed at time of last purchase in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.
21. Independent Parties. Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between Hypex Co and you.
22. Dispute Resolution. This Agreement and Privacy Policy shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to any applicable conflicts or choice of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall apply. For any dispute arising out of or in connection with this Agreement or the Privacy Policy, the parties hereto irrevocably consent to binding arbitration in Westlake, Ohio, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such city is inconvenient. You understand that you hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Agreement or the Privacy Policy. The prevailing party in any such arbitration action shall be entitled to collect from the non-prevailing party, in addition to any award, all reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees and court costs.
23. Complete Agreement. This Agreement and the Privacy Policy, and references to pages and sections on the Website, contain the entire agreement of the parties and supersedes any and all other agreements, whether oral or in writing, between the parties concerning the subject matter hereof. Without limiting our rights under Section 5 above, any other modification of this Agreement or the Privacy Policy shall be effective only if in a writing signed by the parties. In the event of conflict between this Agreement and the Privacy Policy/pages and sections of the Website, this Agreement shall prevail.
24. Severability. If any provision of this Agreement or the Privacy Policy is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
25. Assignment. You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Hypex Co. accordance with the terms of these Terms and Conditions (the “Agreement”).