Last updated: March 01, 2023
Introduction
Welcome to the Hynade® Plasma Cutter, Welder website (the “Site”). This Site is owned and operated by Hynade (“Hynade,” “we,” “us” and/or “our”). By using this Site, you agree to be bound by these Terms of Use (the “Terms” or “Agreement”) and our Privacy Policy. If you do not agree to these Terms, do not use this Site.
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our Site following the posting of any updates or modifications constitutes your acceptance of the Terms. Please regularly check the Terms for updates. The date provided above indicates when the Terms were last revised.
Use of Site
You may use our Site for lawful purposes only: You agree to use our Site only for lawful purposes permitted by these Terms. You agree not to use our Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
You may not use automated methods to use our Site: You agree not to use any automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Site or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of our Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our Site. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access: You agree not to attempt to gain unauthorized access to any portion or feature of our Site, or any other systems or networks connected to our Site or to any server used by us, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test vulnerabilities of our Site: You agree not to probe, scan or test the vulnerability of our Site or any network connected to our Site, nor breach the security or authentication measures on our Site or any network connected to the Site.
You may not reverse engineer our Site: You agree not to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide our Site.
You must keep your username and password secure: If you register for an account on our Site, you are responsible for maintaining the confidentiality of your account password and restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
Intellectual Property Rights
Our Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto (“Content”), are the exclusive property of Hynade and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Feedback”) provided by you to Hynade with respect to the Site shall remain the sole and exclusive property of Hynade. You hereby assign to Hynade all of your right, title and interest in and to all Feedback.
User Content
Subject to our Privacy Policy, any material, information, photos, videos, graphics or other data you upload, transmit, display, provide or submit for display on the Site (“User Content”) becomes part of our Site and may be viewed by others. You own and retain all rights to the User Content you submit, post or display on the Site and you are responsible for protecting those rights.
By posting User Content to the Site, you grant us an unconditional, nonexclusive, royalty-free, fully paid-up, transferable, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly perform, publicly display, store, reproduce and exploit in any manner such User Content in all formats, on and through all media channels, whether now known or hereafter devised.
You represent and warrant that: (a) you own the User Content submitted by you on the Site or otherwise have the right to grant the license set forth in this section, and (b) the posting and use of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
Advertisements and Promotions
Hynade may run advertisements and promotions from third parties on the Site. Your dealings or correspondence with, or participation in promotions of, advertisers other than Hynade, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Hynade is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Third-Party Links and Information
The Site may contain links to third-party materials that are not owned or controlled by Hynade. Hynade does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, content, or product linked from the Site, you do so at your own risk. Hynade will not be liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services available on or through any such site or resource.
Termination of Access
Hynade may, in its sole discretion, suspend or terminate your right to access or use all or part of our Site at any time, with or without notice. You agree that Hynade shall not be liable to you or any third party for any termination of your access to the Site.
Indemnification
You agree to defend, indemnify and hold harmless Hynade and its affiliates and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Site.
Disclaimer of Warranties
The site and all site content are provided “as is” and “as available” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. Hynade does not warrant that any site content will operate error-free or that the site or its servers are free of computer viruses and other harmful mechanisms. If your use of the site results in the need for servicing or replacing equipment or data, hynade shall not be responsible for those costs. No advice or information, whether oral or written, obtained from Hynade or through the site shall create any warranty not expressly stated in these terms.
Limitation of Liability
Hynade and its affiliates and their respective officers, directors, employees, contractors, agents, licensors, or suppliers shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the site or any services or products obtainable therefrom, (b) the unavailability or interruption of the site or any features thereof, (c) your use of the site, (d) the content contained on the site, or (e) any delay or failure in performance of the site and service delivery beyond the control of a hynade party. In no event shall hynade be liable for any indirect, incidental, special, consequential or punitive damages arising out of or in connection with your access or use of or inability to access or use the site and any services or products provided. These limitations shall apply regardless of the failure of the essential purpose of any limited remedy and even if a party has been advised of the possibility of those damages. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall the aggregate liability of hynade (whether in contract, warranty, tort, negligence, strict liability or otherwise) arising out of or relating to these terms exceed the greater of $100 or the fees paid by you to Hynade for use of the site during the twelve (12) months immediately preceding the event giving rise to the claim.
Modifications to Site
Hynade reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice.
Severability
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be amended as to apply as broadly as possible without being invalid, and shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Governing Law
These Terms shall be governed by the laws of the State of Delaware without regard to conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration
Any dispute arising from the relationships between the parties to this contract shall be determined by one arbitrator who will be chosen, on application by one of the parties, by the Secretary for the time being of the Chartered Institute of Arbitrators. The seat and place of arbitration shall be Delaware. The language of the arbitration shall be English. The governing law shall be the substantive law of Delaware.
Contact Information
If you have any questions regarding these Terms or the Site, please contact us at:
Hynade® Plasma Cutter, Welder
123 Welder Lane
Newark, DE 12345
[email protected]
Placing an Order
By placing an order with Hynade, you warrant that you are legally capable of entering into binding contracts. Your order constitutes an offer to Hynade to purchase a product, which is accepted by Hynade only when the product is shipped. Hynade reserves the right to require additional verifications or information before accepting any order. You consent to receive communications from Hynade electronically.
Pricing: Prices and availability of products on Hynade’s website are subject to change without notice. Errors will be corrected when discovered and Hynade reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Hynade website and the prices listed thereon, and as such will be subject to cancellation.
Payment: All payment information provided by you must be accurate, complete, and current. Hynade reserves the right to refuse any order placed through the Site if the order appears fraudulent or erroneous. You authorize Hynade to charge your payment method for orders placed through the Site. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details.
Shipping: When you purchase an item, it usually ships within 1-2 business days. The shipping delivery time depends on the shipping method chosen. Hynade cannot guarantee when an order will arrive. Hynade does not guarantee delivery times and is not responsible for shipping delays. Delays can occasionally occur.
Returns: Hynade accepts product returns in accordance with its Return Policy posted on the Site.
Product Warranties
Warranty: Hynade warrants that its products will conform, during the warranty period set forth below, to Hynade’s published specifications when handled, used, stored and maintained in accordance with recommendations provided by Hynade, with consideration given to the category of product in question. Hynade’s liability and your remedy under this limited warranty are restricted to replacement or repair, at Hynade’s option.
Warranty Period: 12 months from date of shipment for equipment and 90 days for consumables and accessories when stored in proper conditions.
Warranty Exclusions: This warranty does not apply if:
- Damage caused by use with non-Hynade products or unauthorized parts or modifications
- Damage from accident, abuse, misuse, mishandling or improper installation, setup or operation
- Damage arising from consumption of electrode, swirl ring, nozzle, or other consumable parts during normal use
Disclaimers: THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE IN CONNECTION WITH THE PRODUCTS AND SERVICES DELIVERED BY HYNADE. HYNADE CANNOT AND DOES NOT MAKE ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. HYNADE SHALL NOT BE LIABLE BY VIRTUE OF THIS WARRANTY, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OR LOSS OF USE OF THE PRODUCT.
Return Policy
Hynade gladly accepts returns on most new, unused items within 30 days of delivery for a refund of the item price. Please see below for more details on our return policy.
Return Requirements: To be eligible for a return, items must be unused and in the same condition as when delivered. All packaging and documentation must be returned. Opened software, digital content, and gift cards are non-refundable. Custom or personalized orders are non-refundable.
Return Process: Contact Hynade customer service to start the return process. You will be provided with a Return Merchandise Authorization (RMA) number to include with your return. Returns must be shipped back within 30 days of the RMA being issued.
Refunds: Once your return is received and inspected, a refund will be issued to the original payment method used for purchase. You will receive an email notification once your refund has been processed. Refunds may take 1-2 billing cycles to appear on your statement.
Exchanges: If you would like to exchange an item for a different size, color, or entirely new item, please return the original item and place a new order.
Restocking Fee: No restocking fees apply. Return shipping costs will be paid or reimbursed by Hynade for all valid warranty claims. For non-warranty returns, the customer is responsible for return shipping costs. Expedited shipping costs are non-refundable.
Warranty Claims: If an item is defective, customers may return the item under Hynade’s Warranty Policy stated above. Hynade will provide a prepaid return label for warranty items.
Thank you for shopping at Hynade® Plasma Cutter, Welder! Please contact us with any questions about our returns process.
