Conditions of Use
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws and H Commerce, Inc owns copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer of sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You may make copies of select portions of the Content, provided that the copies are made only for sale of Hmart.com’s products or process of such sale transactions and that you have obtained Hmart.com’s permission.
Hmart.com, other marks, and brand names indicated on the Site are registered trademarks or registered service marks of Hmart.com.
Hmart.com provides information and services related to products on the Site, purchase transactions, purchased items, shipping information, and other related advertisement and/or promotional events in addition to other services determined by Hmart.com.
Prices, availability of products, and shipping terms on the Site are subject to change. If such change is unavoidable, Hmart.com will post such changes on the Site seven-day prior to effective date. However, if it is impossible to explain the contents of such change, Hmart.com will post why such changes are inexplicable instead. Hmart.com will compensate members for damage resulted from change. However, Hmart.com shall not be held responsible and/or liable for damages that are unintentional or not faults of Hmart.com.
Errors will be corrected when discovered, and Hmart.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted.
Our Site is open 24/7. Our Site may be interrupted from time to time for maintenance, system troubles, or telecommunication failure. Hmart.com compensates members for damage resulted from such temporal interruption provided that Hmart.com caused damage. Otherwise, Hmart.com shall not be responsible and/or liable for any other matter.
In order to process an order, you will be asked to click on the desired product, input your and recipient’s information, including desired shipping date/address, select payment method, confirm a summary of an order, and consent to Hmart.com’s Terms and Conditions.
Hmart.com will process and approve an order, provided that all of requested user’s and recipient’s information is truthfully registered without any error. Hmart.com may not process or approve any order believed to incur technical impediment or illegal acts.
You agree to conform to Hmart.com’s shipping procedure and policy for delivery of your order. Hmart.com will send you an email to confirm approval of your order upon completion of purchase process.
All payments shall be made by credit cards or other methods that Hmart.com honors at the time of order. While placing your order, you will be prompted to enter your credit card number, expiration date, and your name as it appears on the card.
Service Fees and Order Approval
All credit card payment process is displayed on the Payment Page. However, you may refer to your credit card’s agreement for specific terms and conditions regarding use of your credit card. Hmart.com will not process and approve your order if payment is declined or denied from your credit card company.
Hmart.com ships to any street addresses within 48 continental United States. Unfortunately, we currently do not ship to P.O. Boxes. Sales tax will be collected only on orders that contain taxable items shipped within New Jersey.
Hmart.com usually ship out merchandises within 48 hours from the date received your order. You will be notified by e-mail if there is any extraordinary circumstance.
Return, Refund, and Exchange
No cancellation or refund of order already delivered to the designated recipient shall be allowed, except: (a) when the delivered product was defective; (b) when the product was delivered damaged. Hmart.com Online will allow refund, return, or exchange (whichever applicable) in the above two cases. If a package and/or product are/is tampered, no refund shall be allowed but exchange only. If you purchase the product that is out of stock, Hmart.com Online will inform you immediately and refund payment within seven (7) days of paid date or cancel all transactions within seven (7) days of its occurrence date if payment has not been received.
These Terms and Conditions are applicable to you upon your entering the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Hmart.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Applicable Laws, shall survive
Hmart.com may keep in contact with members by mailing (regular mail service) materials related to its announcement or advertisement to the addresses found in email or registration contents.
Hmart.com is not responsible for the content of any sites that may be linked to or from www.Hmart.com, or any bulletin board associated with Hmart.com. These links are provided for your convenience only and you access them at your own risk. Any other websites accessed from the Site are independent from Hmart.com, and Hmart.com has no control over the content of that other website. In addition, a link to any other web site does not mean that Hmart.com endorses or accepts any responsibility for the content or use of such other website.
On Line Conduct
You shall use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind against individual, groups, companies, or institutions, including but not limited to any material that encourages conduct that would constitute commercial advertisements, violation of these Terms and Conditions, a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Disclaimers and Limitations of Liability
The Site is provided on an “AS IS,” basis. Neither Hmart.com, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively “Associates”) check contents of the Site uploaded by users and communication contents among users and warrant the use of the Site will be uninterrupted or error-free. Under no circumstances shall Hmart.com or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from contents of the Site, public communication among users and the use of or inability to use the Site, including but not limited to, reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, system failure, theft, destruction or unauthorized access to Hmart.com’s records, programs, or services. Hmart.com reserves the right to prevent or delete the contents of public communication or uploaded files, images, graphics, or words that are determined by Hmart.com to be: (a) abusive, defamatory, or malicious; (b) private-invasive, fraudulent, deceptive, or untruthful; (c) infringement of copyright or trade/service mark, or violation of property; (d) aggressive, sexual, or any other conditions deemed to be inappropriate for the Site by Hmart.com.
You hereby indemnify, defend, and hold Hmart.com, affiliates, subsidiaries, and designees, respective officers, directors, employees, agents, designers, sponsors, licensors or the like (collectively “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified parties in connection with any claim arising out of any breach by you of these Terms and Conditions or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
By visiting the Site, you agree that the laws of the United States and South Korea will govern these Terms and Conditions and any dispute of any sort, including your On-Line purchase, that might arise between you and Hmart.com or its affiliates and subsidiaries.
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to arbitration or courts deemed appropriate in the United States or South Korea, except that, to the extent you have in manner violated or threatened to violate Hmart.com’s intellectual property rights, Terms and Conditions, you consent to waive all your legal rights. Additionally, any dispute shall be made within a year of the date of such dispute has arisen. All of these Terms and Conditions shall be deemed severable and not amendable and shall not affect the validity, transferability, and enforceability without Hmart.com’s consent.