TERMS AND CONDITIONS OF USE
Last Revised October 26, 2022
These Terms and Conditions of Use (the “Terms and Conditions”) are a legally binding agreement between you and Henry Design Studio, Inc., a New York company with a principal office at 445 E. Palmetto Park Drive, Boca Raton, Florida 33432, and its subsidiaries and affiliates (collectively, “Henry Designs”, “StingHD”, “StingHD.com,” “we”, “our”, or “us”).
YOU UNDERSTAND THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND LEGALLY ABLE TO ENTER INTO A CONTRACT.
The Terms and Conditions govern your access and use of the website located at http://www.stinghd.com (the “Website”). By accessing, browsing, and/or using the Website or by checking a box indicating your acceptance thereon, you acknowledge that you have read, understood, and agree to comply with, and be bound by, the Terms and Conditions and to comply with all applicable laws and regulations in the jurisdiction where you use the Website.
This agreement is not assignable by you; any attempted assignment by you will be void. Henry Designs may assign this agreement, in part or in whole, in our sole discretion. If you do not agree with these Terms and Conditions, or any modifications thereto, please exit the Website now and do not purchase any of the products offered for sale on the Website.
The purchase of any products offered on the Website is subject to these Terms and Conditions. Orders may only be placed on the Website by individual consumers and corporations purchasing goods other than for resale. If you are entering into this agreement on behalf of a corporation or other legal entity, you represent that you have the authority to bind such legal entity and its affiliates to these Terms and Conditions. Any resale or distribution of Henry Designs products purchased on the Website is strictly prohibited.
Henry Designs may update these Terms and Conditions at any time without prior notice.
For any order you place on the Website, your acceptance of the Terms and Conditions in force at the date of the order will be requested and required.
Acceptable Use of the Website
In connection with your use of the Website, you shall not: (a) engage in any activity that could damage, disable, impair, interrupt, or interfere with the Website, including networks and servers connected to the Website; (b) consume a commercially disproportionate amount of bandwidth, CPU usage, memory storage space, or any other network or system resources; (c) introduce a virus, worm, Trojan Horse, or any other malicious or harmful software code, data, or file that may damage, interfere with, intercept or expropriate any system, data, personal information or property of another; (d) attempt to gain unauthorized access to accounts not owned by you, or to any connected network or servers to the Website through hacking, phishing, or other means; (e) utilize the Website in connection with any activity that would constitute a violation of any applicable law, regulation or ordinance of the jurisdiction where you use the Website; (f) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; (g) defame, defraud, abuse, harass, stalk, threaten, or otherwise violate any legal rights of others, including our representatives; (h) utilize “bots,” “scripts,” “spiders,” “scrapers,” “web crawlers,” “data mining tools,” “extraction tools” or utilize computer programs that recursively query the Website over the Internet; (i) “frame,” “cache,” “grab,” use, or copy any content included on the Website; (j) aggregate any content or other data from the Website; (k) utilize the Website or content thereon for purposes competitive to Henry Designs or for the benefit of a third party; or (l) reverse engineer the Website or content thereon for any purpose whatsoever.
You acknowledge that you are solely responsible for any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which we may suffer) of any such breach. Henry Designs, in our sole discretion, may terminate your account for any possible breach of your obligations under these Terms and Conditions.
Purchase - Terms of ordering
The Website may be used to order a selection of Henry Designs’ products from Henry Designs, directly online via the Internet. You may also place your order by telephone by dialing (516) 801-2760 from Monday to Friday, 9.00 a.m. to 6.00 p.m. EST.
The delivery zone for Henry Designs’ products ordered via the Website and through the phone number referred to above is worldwide. An order can be placed for one or several delivery addresses. (See section below titled “Shipping and Delivery - Delivery Zone").
For each product selected on the Website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to Henry Designs for processing.
While every effort is taken to try to ensure that the coloring, design and style of product photographs displayed on the Website are representative of the original Henry Designs’ products, variations may occur due to the nature of crafting custom orders using natural leathers, stones and metals. In addition, true color representations may also be affected by technical restrictions of color reproduction on your computer equipment.
Henry Designs reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, Henry Designs shall not be liable for any error or inaccuracy in the photographs or graphical representations of Henry Designs’ products displayed on the Website. If you have any questions about our products, you may contact our customer service by clicking on the hyperlink labeled "contact us".
Henry Designs reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if Henry Designs has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate cause.
To ensure the best quality service and product availability, you may not order on the Website more than three (3) items of the same reference number within a period of fifteen (15) calendar days. For any exceptional order, please contact our customer service by clicking on the hyperlink "contact us" or by phone.
Purchase - Availability
Our offers of products are valid as they are displayed on the Website, subject to availability. Instructions about the availability of products are provided at the time of the ordering. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the Website in substitution or to cancel your order. If you choose to cancel your order, you will be refunded if your bank account has been debited or if the transaction has posted to your credit card account.
Henry Designs shall not be liable in case of stock outage or unavailability of products. Henry Designs reserves the right to change, at any time and without notice, the items offered for sale on the Website.
Purchase - Order Confirmation
At the end of the ordering procedure, you will be invited to complete the checkout procedure, at which time your order will be transmitted to Henry Designs for processing and may not be amended or cancelled except pursuant to the conditions provided for herein or conditions provided for pursuant to applicable law. You will receive an order summary.
Your interactions with the Website establish the terms of the transactions between you and Henry Designs In the case of a dispute between Henry Designs and its customers relating to a transaction entered into using the Website, the data recorded by Henry Designs through your interactions with the Website will form the terms of the transaction, consistent with these Terms and Conditions. Notwithstanding the foregoing, Henry Designs reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.
Purchase - Price Payment
The prices of Henry Designs’ products are indicated in US dollars, excluding taxes and shipping costs (see "Shipping and Delivery" below).
Henry Designs reserves the right to modify the prices of products offered on the Website at any time without prior notice. You will be charged the prices displayed on the Website at the time your order was confirmed provided the goods ordered were available at this time. However, Henry Designs reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.
You are required to pay for any order placed on the Website immediately upon confirmation of your order. We accept payment by credit card as well as PayPal, Amazon Pay, Shop Pay, and financing through Affirm.
All orders are payable in US dollars. Our payment processor accepts the following charge cards and credit cards: MasterCard, Visa, American Express, and Discover. Your order will only be dispatched once we have verified your payment method and received authorization to process your payment.
Your charge card or credit card will be debited when your order is processed. If any of the products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the goods available.
Purchase - Reservation of title
The ordered products remain the property of Henry Designs until full payment is tendered to Henry Designs.
In case of a payment dispute, you undertake to return the received products to Henry Designs immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.
Shipping and Delivery - Delivery Zone
Goods will be shipped to the delivery address(es) specified during the ordering procedure.
Please note, Henry Designs will not process any order for which a post office box or APO/FPO address is provided.
Shipping and Delivery - Shipping costs
Delivery costs depend on the shipping address of your order.
All items are handcrafted in Boca Raton, Florida and will be shipped via USPS. Shipping is free within the United States.
Allow between two to three weeks between the date of your order and your date of delivery.
We will inform you of the shipping costs for the shipment method in the order summary displayed on the Website before you confirm your order. This amount will be payable by you in addition to the price, including taxes (if applicable), of the goods ordered.
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Delivery Time - Time required for delivery
During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased.
However, Henry Designs reserves the right to divide your order into partial shipments. In this case, your charge card or credit card will only be debited for the goods shipped for a single shipment.
Delivery Time - Problems of delivery
Any failure to deliver or late delivery exceeding twenty-one (21) days should be reported to our customer service as soon as possible. In order for your claim to be accepted, please notify us within thirty (30) calendar days from the date of confirmation of your order.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
Returns - Exchanges – Refunds
All sales are final. Any product ordered on the Website cannot be returned for exchange or refund.
Warranty – Product Disclaimer
Products plated in yellow gold, rose gold or black platinum may wear over time. These products can be re-plated for a surcharge. Please contact us utilizing the “contact us” link on the Website for more information.
The products sold on the Website are protected by a 1-year (365 day) limited warranty from the date of delivery.
General Terms and Conditions of Use of the Website
The Website is operated by Henry Designs. Henry Designs, the parent of the StingHD group, operates the Website and has granted StingHD the right to sell a selection of Henry Designs’ products over the Internet.
The use of the Website constitutes your agreement to comply with, and be bound by, these Terms and Conditions and your consent to our Privacy Policy; see "Security and Personal Data" below.
Henry Designs may update these Terms and Conditions and the Privacy Policy at any time without notice. By continuing to use the Website following any such change, you agree to comply with and be bound by the Terms and Conditions and consent to the Privacy Policy, each as modified. You can view the most current version of the Terms and Conditions or the Privacy Policy at any time by clicking on the hyperlinks located at the footer of this Website labeled "TERMS & CONDITIONS" and “PRIVACY POLICY” respectively.
By using the Website, you agree that you have read our Privacy Policy, that you understand our Privacy Policy, and that you consent to the collection of personal information and other data under the terms of our Privacy Policy.
Security and Personal Data
The Website’s Privacy Policy governs the use of any personal information that you provide to Henry Designs on this Website, via email, or through telephone conversations. Henry Designs may modify or amend the Privacy Policy at any time as provided in the Privacy Policy.
The Website is not intended for minor children under the age of 18.
Intellectual Property
All material on the Website (including, but not limited to drawings, designs, graphics, product descriptions, illustrations, photographs, sound tracks, written text, logos, trademarks, trade dress, patents, and all other intellectual property of any nature) are the exclusive property of Henry Designs and its subsidiaries. You may not reproduce, by any means or process (except as expressly provided herein), in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Website.
The "StingHD" trademark, the trademark image of H “crown” H and “StingHD” and all other Henry Designs related marks and logos, whether or not registered, arising under Federal, State, or Common-Law, as well as the domain name "StingHD.com," are and will remain the exclusive property of Henry Designs. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of Henry Designs is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein. You may make a single copy of web pages published on the Website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained thereon.
Your Account
You may register for an account on the Website and provide us with certain company and/or personal information. By registering for an account, you agree that all of your registration information will be legal, accurate, and complete. You agree that your registration information is current and correct. You are responsible for the confidentiality of your account information, including your username and password. Any transaction made through your account is your responsibility. If you become aware of any unauthorized use of your account, you must notify us immediately. Any email notification sent by us to the email address listed in your account will be considered delivered when sent. You may cancel your account any time by deleting your account. Henry Designs, in our sole discretion, may cancel your account for any reason and without notice.
Linking
The Website may contain links to third-party websites not under the operation or control of Henry Designs. Such links are provided as a convenience only and cannot, and should not, be interpreted as an express or implied endorsement of such third-party websites or any products or services offered thereon. You should review the terms and conditions and privacy policy of any third-party website that you visit.
You may only provide a link to the Website if expressly authorized in writing by Henry Designs.
Limitation of Liability
Henry Designs shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the Website, even if Henry Designs has been advised of the possibility of such damages.
Disclaimer of Warranty
Henry Designs does not guarantee or represent that:
- the Website is free from viruses, worms, trojan horses or other destructive material;
- the information contained on the Website is accurate, complete or up to date.
The Website may contain technical inaccuracies or other defects; Henry Designs does not guarantee that any such defects will be corrected. The Website and its contents are provided on an "as is" and "as available" basis. Henry Designs expressly disclaims all warranties of any kind, whether express or implied.
Entire Agreement
These Terms and Conditions sets forth the entire agreement between you and Henry Designs regarding the use of the Website. You agree that there are no other representations regarding your use of the Website, other than those reflected herein and that you are not relying on any other representations regarding your use of the Website, other than those reflected herein.
Severability
If any provision of these Terms and Conditions is held illegal or unenforceable in any proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions herein remain legal and enforceable, the remainder of these Terms and Conditions shall remain in full force and effect.
Force Majeure
Any failure or delay in performance by either party shall be excused if and to the extent caused by an Act of God (fire, flood, earthquake, storm, hurricane or other natural disaster), war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, government actions, lockout or interruption or failure of electricity of network service, pandemics, or other cause beyond the reasonable control of the parties.
Law - Disputes
The parties agree that any dispute, claim, or controversy arising out of or related to the Terms and Conditions (including, without limitation, any dispute relating to the arbitrability of this agreement or any provision of this agreement or any other dispute relating to arbitration), shall be settled by final and binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), rather than in a court of law. You agree that you are knowingly and voluntarily giving up your right to a trial and have your dispute heard by a judge or jury in a court of law. Any such dispute, claim, or controversy shall be arbitrated on an individual basis and shall not be joined or consolidated with a claim of any other party or class. You agree that the arbitrator’s decision shall be controlled by this agreement and any other agreement that you have with us. You agree that the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be administered by the AAA, pursuant to the rules of the AAA. For more information on the rules, procedures, and fees of the AAA, please visit their website at www.adr.org. The foregoing shall not preclude Henry Designs from seeking any injunctive or other equitable relief in Federal or State court for protection of intellectual property rights.
These Terms and Conditions, including binding arbitration, shall be governed by the law of the State of Florida, without regard to principles of conflicts of laws. If any dispute, controversy, or claim cannot be resolved in binding arbitration between the parties, then it shall be submitted for resolution to a court of competent jurisdiction in Palm Beach County, Florida, and the Federal Courts in and for the Souther District of Florida, and the parties hereby submit that exclusive venue shall lie with such court(s), and the parties hereby agree to submit to the jurisdiction and venue of such court(s). The language of these Terms and Conditions is English. Henry Designs shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.
Each of the parties acknowledges and agrees that it is the intent of the parties that arbitration and litigation, if any, between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.