Conditions of Use

Last Updated: 11/19/2022

Welcome to Hiwyn.com. Hiwyn.com LLC and/or its affiliates provide website features and other products and services to you when you visit or shop at Hiwyn.com. By using the Hiwyn.com Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

Please read these conditions carefully.

We offer a wide range of services, and sometimes additional terms may apply. When you use a Hiwyn.com Service (for example, Your Profile, Gift Cards, Video, devices, or applications) you also will be subject to the guidelines, terms and agreements applicable to that Hiwyn.com Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Hiwyn.com Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Hiwyn.com Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Hiwyn.com Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Hiwyn.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Hiwyn.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Hiwyn.com Service is the exclusive property of Hiwyn.com and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Hiwyn.com Service are trademarks or trade dress of Hiwyn.com in the U.S. and other countries. Hiwyn’s trademarks and trade dress may not be used in connection with any product or service that is not Hiwyn's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hiwyn.com. All other trademarks not owned by Hiwyn.com that appear in any Hiwyn.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hiwyn.com.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Hiwyn.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Hiwyn.com Services. This license does not include any resale or commercial use of any Hiwyn.com Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Hiwyn.com Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Hiwyn.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No Hiwyn.com Service, nor any part of any Hiwyn.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hiwyn.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hiwyn.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Hiwyn.com's name or trademarks without the express written consent of Hiwyn.com. You may not misuse the Hiwyn.com Services. You may use the Hiwyn.com Services only as permitted by law. The licenses granted by Hiwyn.com terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Hiwyn.com account to use certain Hiwyn.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Accounts to manage your payment and other options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Hiwyn.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Hiwyn.com Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Hiwyn.com Household. Alcohol listings on Hiwyn.com are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Hiwyn.com reserves the right to refuse service, terminate accounts, terminate your rights to use Hiwyn.com Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Hiwyn.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Hiwyn.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hiwyn.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hiwyn.com for all claims resulting from content you supply. Hiwyn.com has the right but not the obligation to monitor and edit or remove any activity or content. Hiwyn.com takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Hiwyn.com respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us and let us know.

RISK OF LOSS

All purchases of physical items from Hiwyn.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Hiwyn.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Hiwyn.com does not take title to the refunded item. For more information about our returns and refunds, please see our Shipping and Returns policy.

PRODUCT DESCRIPTIONS

Hiwyn.com attempts to be as accurate as possible. However, Hiwyn.com does not warrant that product descriptions or other content of any Hiwyn.com Service is accurate, complete, reliable, current, or error-free. If a product offered by Hiwyn.com itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Hiwyn.com and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Hiwyn.com.

With respect to items sold by Hiwyn.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Hiwyn.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by Hiwyn.com, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any Hiwyn.com Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Hiwyn.com Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Hiwyn.com Software), technology, and services.

OTHER BUSINESSES

Parties other than Hiwyn.com operate stores, provide services or software, or sell product lines through the Hiwyn.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Hiwyn.com. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Hiwyn.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE HIWYN.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIWYN.COM SERVICES ARE PROVIDED BY HIWYN.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HIWYN.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HIWYN.COM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIWYN.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HIWYN.COM SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, HIWYN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIWYN.COM DOES NOT WARRANT THAT THE HIWYN.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIWYN.COM SERVICES, HIWYN.COM'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HIWYN.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, HIWYN.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HIWYN.COM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HIWYN.COM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Hiwyn.com Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using any Hiwyn.com Service, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hiwyn.com.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of Hiwyn.com Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to us.

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.