Terms & Conditions

Overview

Welcome to HyperReals. The terms "we," "us," and "our" refer to HyperReals. HyperReals operates this store and website, including all information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services").

The following terms and conditions, together with any policies referenced within them (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service and the Privacy Policy, you must not use our Services.

Section 1: Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing address, payment method and shipping address. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all the rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell or assign your account to another person, nor grant licenses connected to it.

Section 2: Our Products

We have made every effort to display our products and services in our online stores as accurately as possible. However, please note that colors or the appearance of a product may differ from what you see on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is displayed in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of the products we offer to any person, geographic region or jurisdiction as applicable.

Section 3: Orders

When you place an order, you are making an offer to purchase. HyperReals reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until HyperReals confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as HyperReals may be unable to honor cancellation requests once an order has been accepted.

If we do not accept, modify in any way, or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided when the order was placed.

Your purchases are subject to return or exchange only in accordance with our Refund Policy. You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.

Section 4: Pricing and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include charges for taxes, shipping, order handling, customs clearance or import fees.

Prices posted in our online stores may differ from those offered in physical, online or other stores operated by third parties. From time to time we may offer promotions for the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

For all purchases made in our stores, you agree to provide current, complete and accurate purchase, payment and account information. 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.

You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) your credit card company will cover the charges you incur; and (iv) you will pay the charges you incur at the posted prices, including any applicable shipping and handling charges and taxes, if any.

Section 5: Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events outside our control. Once we hand the products over to the carrier, title and risk pass to you.

Section 6: Intellectual Property

Our Services, including but not limited to trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by HyperReals, its affiliates or licensors, and are protected by copyright and intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services without our prior written consent. Unauthorized use of the Services may constitute a violation of intellectual property laws. HyperReals reserves all rights not expressly granted herein.

The HyperReals names, logos, product and service names, designs and slogans are trademarks of HyperReals, its affiliates or its licensors. You must not use such trademarks without the prior written consent of HyperReals.

Section 7: Optional Tools

As part of the Services, you may be given access to customer tools offered by third parties that we neither monitor nor have any control over or input into.

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 your use of optional third-party tools.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

Section 8: Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor for the accuracy of, third-party materials or websites you choose to access.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services or resources from third-party websites. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction.

Section 9: Feedback

If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use.

You further represent and warrant that: (i) you own all rights necessary to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You may not use a false email address, impersonate any person, or otherwise mislead as to the origin of any Feedback.

Section 10: Errors, Inaccuracies and Omissions

Occasionally there may be information about or on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice.

Section 11: Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any person; (e) to submit false or misleading information; (f) to transmit or procure the sending of spam or any other similar content; (g) to impersonate or attempt to impersonate any other person or entity; (h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

Section 12: Termination

We may terminate this agreement or discontinue your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature survives termination.

Section 13: Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by HyperReals, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant or represent that your use of the Services will be uninterrupted, timely, secure or error-free.

Section 14: Limitation of Liability

To the extent permitted by law, in no case shall HyperReals, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of our affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of any of the Services, or for any other claim related in any way to your use of the Services or any product, even if advised of the possibility thereof.

Section 15: Indemnification

You agree to indemnify, defend and hold harmless HyperReals and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

Section 16: 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 severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 17: Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

Section 18: Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

Section 19: Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of, and subject to the federal and state or territorial courts of, the jurisdiction to which HyperReals belongs. You and HyperReals submit to the venue and jurisdiction of such courts.

Section 20: Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 21: Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time on 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.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 22: Contact Information

Questions about the Terms of Service should be sent to us at hello@hyperreals.com.