Welcome to HotCherry.com AKA “HotCherry” website terms and conditions for use. These terms and conditions apply to the use of this website at HotCherry.com. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
This website (our "Site" or "Sites") is operated by HCCO Retail Ltd. Throughout the Site, the terms “we”, “us” and “our” refer to HCCO Retail Ltd. HCCO Retail Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
HotCherry.com is an online store that offers adult novelties for men and women over the age of 18 years or more, depending on your state or province. The products sold on our site are supplied as is. Products are intended as novelty only, and no representation is made or implied regarding their suitability or safety for any particular use. Purchasers use the products entirely at their own risk. The manufacturer or re-seller is not liable for any direct, indirect, incidental or consequential damage or loss howsoever arising caused by use or misuse of the products. This includes, but is not limited to, damage to the products and personal injury or damages due to use or misuse. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. We reserve the right to refuse service to anyone for any reason at any time.
Definitions
Here are certain definitions as used in Terms of Use:
- "Suppliers" means third-party manufacturers or brand owners who make their products available for purchase through Hotcherry.
- "Supplier Materials" means Suppliers' trademarks, logos, product/model photos and images, product information, advertisements, links, and other materials that are provided by Suppliers for use or display on this Site.
- "Site Content" means all content and information displayed or provided by HotCherry on this Site, including text, trademarks, logos, graphics, designs, artworks, images, photos, videos and audios, and Supplier Materials but excluding User Content (as defined below). All Site Content is deemed part of this Site.
- "User Content" means anything originated by users, such as user-generated photos, images, videos, messages, suggestions, comments and reviews but excluding the following: (i) users' personal information such as account information and purchase information; and (ii) anything that is copied or derived by users from content that is owned by HotCherry. To the extent User Content contains users' names, voices, likenesses, photographs, biographical information, etc., all such identifying elements will be deemed part of User Content.
Registration
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please update your details in My Account. The account password you provide should be unique and kept secure, and you must notify HotCherry.com immediately of any breach of security or unauthorized use of your account. Please refer to our Privacy Policy for information about how we use your data.
Eligibility to Purchase
You must be over 18 to agree to this agreement, use this site, or make a purchase. However, HotCherry.com cannot prohibit minors from visiting this site. Parents or guardians are responsible for supervising children and adolescents as to which materials are appropriate for them to view.
We require that all purchases be made by individuals over 18 years of age. In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. The Site is available only to individuals and others who meet the HotCherry.com terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to HotCherry.com and who have authorized HotCherry.com to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
Orders
- By placing an order at HotCherry.com, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not legally entitled to order certain goods, we will not be obliged to complete the order.
- All orders made by you at HotCherry.com are subject to acceptance and availability. We may choose not to accept your order for any reason.
- HotCherry.com reserves the right not to accept your order at its own discretion. In such case, HotCherry.com will inform you by email of the cancellation of the order.
- All prices of products are correct at the time of entering information. We reserve the right to change prices without prior notice. We will inform you if any such price change affects your order.
- If you want to cancel an order you already placed, you must do it before receiving our Shipping Confirmation Email. Afterwards, you may still obtain a refund or a substitution according to our Return Policy.
- Orders are processed and shipped from Monday to Friday, except holidays. Items are shipped via courier with tracking. The usual delivery time within USA is 2 to 6 business days after the order is processed and shipped. These shipping times are only estimates and not guaranteed.
Pricing Policy
Prices shown on the Site are in US Dollars, exclusive of taxes and are subject to change without notice. If sales tax is applicable to your state, it will be applied to your order during the checkout process. No other tax or import duty will be applied to orders shipped within the USA.
Customers purchasing from outside the USA maybe charged additional import duty or taxes at the point on entry. Costs will be invoiced to you directly from the courier or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
While we do our best to update information on our Site, we are not responsible if information made available on this site is not accurate, incomplete or dated. In the event that a HotCherry.com product is mistakenly listed at an incorrect price, HotCherry.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HotCherry.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HotCherry.com shall issue a credit to your credit card account in the amount of the incorrect price.
Accuracy, Completeness and Timeliness of Content
"Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. HotCherry tries to ensure that the information on this Site is accurate and complete. However, we do not promise that HotCherry’s Content is accurate or error-free.
The Content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
HCCO Retail Ltd. provides the HotCherry.com website 'as is' and does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Any contributors’ opinions expressed on HotCherry.com are the personal opinions of the authors and do not reflect the views of HotCherry. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to HotCherry a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated but HotCherry does not commit to checking all content and will not be liable for third party posts.
If you have a complaint about any posts, reviews, or comments please email contact@hotcherry.com
HotCherry reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site. The personal opinions of the brands whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of HotCherry.
Products
Certain products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors of our products that appear on HotCherry.com. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Limits on Our Liability
By using this site, you acknowledge and agree as follows:
(i) This site and all user content are provided "as is" and "as available" without warranty of any kind, whether express or implied. To the fullest extent permitted by law, HotCherry and its suppliers expressly disclaim any and all warranties, whether express or implied, with respect to this site and all user content, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, and warranties of title and non-infringement. HotCherry and its suppliers do not warrant that: (a) this site and all user content will be accurate, error-free, up to date, complete, or useful, or will be uninterrupted, or will be available at any particular time or location; (b) any defect or error in this site (including any site content) or in any user content will be corrected; or (c) this site and all user content will be secure and free of any virus or other harmful component.
(ii) In no event shall HotCherry and/or its suppliers be liable to you or any other user (whether under contract, tort, negligence, strict liability, warranty or any other legal or equitable theory) for any direct, indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, loss or corruption of data, loss of business, profit or revenue or goodwill) arising out of or related to this site or any site content, or any user content, or the provision or use of any of the foregoing, even if HotCherry and its suppliers have been advised of the possibility of such loss or damages.
(iii) In no event shall HotCherry and/or its suppliers be liable to you in connection with a purchase you make on this site, for any damages in excess of the total amount actually paid by you for the purchase.
Because some jurisdictions do not allow the exclusion or limitation of certain warranties, damages, or liabilities, some of the exclusions and limitations set forth above may not apply to you. Accordingly, nothing in this section affects any warranties, damages, or liabilities that cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify, defend and hold harmless HCCO Retail Ltd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Governing Law
These Terms of Service with all our policies and procedures will be governed by and construed in accordance to the relevant Canadian law.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact Information
If you have any concerns with, or do not understand, our Terms of Service, we encourage you to contact us at contact@hotcherry.com.