Terms of service
Welcome to Hertel Electronics, LLC. (“DBA as a HertelPro”) website, a “Site”). Access to and use of the Site by clicking or tapping “Create Account”, “Sign In”,”Place Order” or make a purchase as a guest, entering or otherwise using our website, hertelpro.com, or mobile application, blogs (Collectively the “Site”), you agree to and accept these terms and conditions that govern your use of the Site (the “Terms of Use” or “Terms”). Please read and review these Terms carefully, because by accessing or using the Site , you agree to be bound by these Terms. If you do not agree to any terms or conditions, you should not use this site and if you are between the ages of 13 to 18, you may use the site only with the involvement of a parent or guardian.
ARBITRATION NOTICE: THESE TERMS BELOW ENTITLED “DISPUTE RESOLUTION” REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST HERTELPRO AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Changes to Terms or Services
HertelPro reserves the right to update or modify these Terms at any time at our sole discretion with notice or without prior notice. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Site anymore. Because the Site is evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
The Web Site may be accessed and used only if you are 18 years or older, who can form legally binding contracts with us and are not barred from using the Site under applicable laws. By using the Site, you represent and warrant that you are 18 years or older.
Account creations:
If you choose to create an account with us (“Account”), you represent and warrant to us that all information you provide to us is true, accurate, up-to-date and complete, and you agree to maintain such information, as needed to keep it accurate, up-to-date and complete. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account so that appropriate action can be taken. When you set up an account, you are required to provide your name, email address and a password. You may not transfer or share your account information with any third parties. You are solely responsible for maintaining the confidentiality of your account login information, including but not limited to taking steps to prevent unauthorized access by safeguarding your log-in information. You are solely responsible for any and all use of your account and all activities that occur through your account, whether or not you know about it. We are not responsible for losses or damage caused by your failure to safeguard your login Credentials.
Pricing
We strive to present the most accurate and reliable information on the site. However, in the event a product is listed at an incorrect price or inaccurate product description due to a typographical error, entry error or sudden change of price from the manufacturers, HertelPro shall have the right to refuse or cancel any orders in the case of such occurrence and payment of such order will be credit to your card account. Note, we will notify you of such cancelation or changes to your order. Any such unintentional error, will be updated or corrected without any prior notice.
Discounts & promotions
HertelPro may offer discounts and other limited-time promotions on one or more eligible products. If there is a discount applicable to an item, the discount for that item will appear on the product page. Each promotion may have official Rules and conditions which will be posted on the product page. As a registered user of Hertelpro, you agree to receive emails promoting any special offers. Time to time we may send push notifications or email messages with information about upcoming events or information about new products, offers, discounts. You may opt-out from receiving such a message by clicking on the “unsubscribe” link in any promotional email.
Payment
You agree that Hertelpro may charge your payment method for any services, or products you purchase and for any additional amounts (including any taxes, shipping cost if applicable) that may be accrued by or in connection with your account associated with your account Credentials. You are responsible for timely payment of all fees and for providing HertelPro with a valid payment method for payment of all fees through one of the methods that we list on the shipping, RETURN AND EXCHANGE POLICY FOR THE WEBSITE APPLICABLE TO SUCH SERVICE, PRODUCT OR SUBSCRIPTION FROM TIME TO TIME. You may be charged, and you agree to pay local sales tax or VAT, if applicable.
Prices for products and services offered via the website may change at any time, and we do not provide price protection or refund in the event of a price lowering or promotional offering.For uninterrupted use of the service, we encourage you to keep your payment method information uptodate. In the event of your payment method coming to it’s expiration date and you do not update your credit card information or cancel your account, you authorize us to continue to bill that credit card on the file, including extending the expiration date until we are notified by you or the credit card company.
Shipping and Delivery Risk of Loss
All items bought from Hertelpro are made in accordance with the law to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the Products to the carrier. Products will be shipped to the address came with the order or designated by you, if applicable, so long as such address is complete and valid. The time and location of delivery of the products to you is at the discretion of the carrier. For loss/damage claims, you must notify Hertelpro within 2 to 5 business days of delivery.
Replacement of products and refund credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.You agree that any applicable shipping charges are non-refundable. Repeated claims of undelivered merchandise may result in the cancellation of your account.
Trademarks
Hertelpro.com and other marks shown on the site are registered trademarks of Hertel Electronics LLC or it’s subsidiaries, in the U.S.A and other countries. All content on the Site (require permission from their respective owner) including but not limited to the design, artwork, text, images, videos, photographs, logos, button icons, scripts and other content on the site is owned by Hertelpro. All other trademarks shown on the site not owned by Hertelpro that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to us.
Alerts and Notifications
By participating in the HertelPro text messaging service, you are agreeing to these terms and conditions and to the hertelPro terms of use and Privacy policy. In order to inform you regarding your order, shipment confirmation, delivery, special promotions or discounts, new product offerings, recommendations, you may receive notifications, alerts, emails from us. If you don’t wish to receive such promotional emails from us you will have the option to “opt-out” by following the unsubscribe instructions provided in the email you receive.
Disclaimer of Warranties
THIS SITE IS PROVIDED BY HERTELPRO “AS IS”WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HERTELPRO EXPRESSLY DISCLAIMS ALL WARRANTIES. WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL HertelPro, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS OR ANY OTHER party involved in creating, producing or delivering the products or content BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HertelPro HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. HertelPro’s TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
By using the Website, products or services, you agree to indemnify, hold harmless and defend HertelPro and its affiliates from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of the website by you or any other person accessing the site using your login account.
Links to Third-party Websites
This website may contain links to third party websites such as manufacturer’s, that are provided to you as a benefit to our customers. HertelPro is not responsible for the privacy practices, security or content of these pages. In no event shall any reference to any third party product or service be construed as an approval or endorsement by HertelPro of that third party or their product or service.