ORDER TERMS AND CONDITIONS
Last Updated: Oct 1, 2021
This Agreement and the terms contained herein is subject to change by Halstead at any time, in its sole and absolute discretion, and without notice. Therefore, you are instructed to review the terms of this Agreement prior to using the Website. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after a replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.
All goods purchased are for adult use only.
Retail accounts that do not qualify for wholesale pricing will pay retail prices on all merchandise. Sales tax may also apply.
Orders shipping outside of the USA must ship to wholesale approved customers with valid Tax ID numbers for customs clearance.
New wholesale accounts must apply for wholesale status by providing current business documentation. Once approved, you will see wholesale pricing when you login to your online account. Wholesale status will expire if documentation is no longer valid. Keep your licenses current.
SALES TAX & EXEMPTIONS
Sales tax is charged to non-exempt customers shipping to most states. A sales tax estimate for your purchase is provided during checkout. State and local tax rates and laws are subject to change at any time.
Tax exempt customers must have a valid exemption certificate on file for the shipping destination state, or we will collect sales tax. We will not accept third party or expired licenses. Further details are available in the Exemption Certificates section of our online account set-up.
ARIZONA - Please note that we do not have a storefront or showroom. Our eCommerce warehouse is a secure facility, and no visitors are permitted. All orders must ship out to recipients. Thank you for understanding.
COLORADO – We will only accept tax exempt accounts shipping to Colorado. Please send a copy of your valid Colorado Resale Certificate with your first order.
Halstead is not required to and does not collect sales or use tax in some states. Non-exempt customers may be subject to use tax assessments, filing, or reporting directly with your state revenue administration office. Note that a purchase is not tax exempt merely because it is made via internet, phone or catalog from a remote seller. Please see the website of your state tax or revenue department for details.
800-528-0535 (call or text)
Phone: 8am - 3pm AZ (MST) Monday through Friday.
Chat: 7:30am - 4pm AZ (MST) Monday through Friday.
Please note that our Prescott, AZ warehouse is not open to the public
We answer phones, texts, emails and Live Chat online during these business hours. If you do not receive a response by the next business day, please resend your message.
TEXT MESSAGING - You can now text message us at 800-528-0535. Be sure to include your name and customer number. You can text STOP anytime to block text messages from us.
EMAIL - Please include your name and customer number. Please send email orders as text, not attachments.
ADULT USE ONLY
WARNING: NOT INTENDED FOR CHILDREN. Halstead Bead products are not intended for use by children or sale to children. Under the Consumer Product Safety Improvement Act, as well as under state law in many states, including Minnesota, Connecticut, Illinois, New York, California, Maine, Maryland, Rhode Island, Vermont, Oregon, and Washington, the resale of the enclosed jewelry may be subject to additional labeling and testing requirements not contained herein. In choosing to resale jewelry provided by Halstead Bead, you understand agree that Halstead Bead may not be held liable to you or any third parties for your failure to comply with any applicable federal or state labeling or testing law.
CALIFORNIA AND NEW YORK RESIDENTS WARNINGS
Residents of California and New York may view required product notice here: PROP 65 WARNING: https://www.halsteadbead.com/company/prop65
PLACING YOUR ORDER
By placing an order, you agree to all our Terms & Conditions.
TURNAROUND TIME – We are fast! FedEx & UPS orders finalized before noon (M.S.T.) will almost always be shipped the same day. However, shipment turnaround time will depend on daily order volume. If we cannot get in touch with you or if we have a question about your order it will delay your shipment. Please provide valid phone, text and email information with your orders!
CRITICAL ITEMS - If an item is crucial to your order, please let us know so we can verify availability. Please also request a call or text in the checkout comments section so the order does not ship without "the one thing you really needed." Call backs may delay your order if we cannot get in touch with you.
AVAILABILITY - We can offer availability information at the time of your order. This is the best information we have based on inventory levels in our computer system. However, computer inventory levels are sometimes inaccurate due to product weight conversions and other factors. You will only be charged for the quantity that ships.
ORDER ADDITIONS & HOLD FOR STOCK REQUESTS - Order additions can only be added to an order in process if it has not been boxed and shipped yet. Otherwise, they will ship separately at customer expense. Add-ons and hold for stock lines will be priced at the market basis on the day stock is both available and added to the order.
BACKORDERS - We will only backorder items when you specifically ask us to do so at the time of your order. There is a $30 per item minimum on backorders. We will reserve stock for a max of 4 business days after you are notified that backorder items have arrived. You will be charged the current market price when you confirm acceptance of backordered merchandise after it is available again. Please note that you will receive the quantity break based on your original order quantity on backorder shipments even though the automated shopping cart system will show the break based on the backorder quantity remaining. We update pricing when we import into our internal computer system.
PRODUCT PRICING & AVAILABILITY - Products made from gold or silver alloys are priced based on daily commodity markets as described under the sub-heading Market Based Metals Pricing.
Though Halstead makes reasonable attempts to ensure that the products listed on the Website are in stock and that the prices for all products are accurate, from time to time Halstead's Website may contain incorrect prices or incorrectly reflect the amount of stock of a particular product. Additionally, because many of Halstead's products are made from gold or silver alloys and are priced based on daily commodity markets, Halstead's prices may change quickly. All listings for products on the Website are an invitation to deal and Halstead reserves the right to modify the pricing of any products prior to shipment. If Halstead identifies that a price reflected on the Website is incorrect or a product listed on the Website and ordered by you is unexpectedly out of stock, Halstead will contact you in a reasonable time frame to advise you of the issue. You will only be charged for products that are shipped by Halstead.
MAXIMUM DISCOUNT - We offer a special discount program on orders over $2,000. These orders receive the best price break for the pricing class on all items, regardless of the individual quantities. You still must order in standard pack sizes and you must request this discount before placing your order. Each order must be over $2,000 to qualify for the discount. Please contact customer service for details.
CHAIN POLICIES - All chain footage is sold in minimum quantities of 12 inches unless otherwise noted with a 10ft minimum. If our only inventory available is in separate pieces shorter than 10ft, we will contact you to confirm before shipping. On spooled lengths 25ft or longer, we cannot guarantee continuous footage since all chain factories join segments when spooling. We will not re-spool to check for factory segmenting.
BULK WIRE POLICIES – Minimum quantity for bulk jewelry wire is 1 ounce per stock number for most metals, or ½ ounce per stock number for gold-filled. Order any greater amounts in 1 ounce increments. Wire orders are filled using pieces weighing at least .25 ounces. We cannot always guarantee one continuous length for the entire amount ordered. It is difficult to precisely weigh small wire coils before making a cut from the larger coil; therefore, please expect plus or minus 10% variance from the precise weight you request. Variance may be more on small cuts.
WIRE & SHEET CUTTING SERVICE – The first cut will cost 50 cents and each additional cut is 75 cents.
LATE ORDER CANCELLATIONS – May incur a 10% restocking fee to cover order preparation and return labor.
CREDIT CARD DATA – Please note that we no longer store credit card data at Halstead and we can only view part of your credit card data. The rest is stored by fully compliant, secure national processors. This is for the safety of your personal information and to ensure that we meet the highest standards of data security.
FRAUD PREVENTION – We reserve the right to require additional identity confirmation documentation prior to processing orders. We also reserve the right to request payment by bank transfer instead of credit card if we cannot adequately verify card ownership. This is for cardholder protection. Thank you for your patience.
We close for major US holidays. We also close for winter break every year from just before Christmas until the first business day in January. Please plan your ordering accordingly. During holiday closures, we apply the fix rates from the business day prior to close to all orders received over the closure period.
MARKET BASED METALS PRICING
We use daily market-based pricing for all precious metal merchandise. We update prices at approximately 4pm MST time each business day with the precious metal fixes posted earlier in the day on the Kitco NY a.m. website.
Market fix currently used
We use daily market-based pricing for all precious metal merchandise. We update prices at approximately 4pm MST time each business day with the precious metal fixes posted earlier in the day on the Kitco NY AM website. Those prices will be valid on orders placed from that moment until the next business day at 4p.m. when prices are updated again. During holiday closures, we apply the fix rates from the business day prior to close to all orders received over the closure period.
Sales order pricing is effective on the business day the order is submitted into our internal system. If you have been working on a shopping cart order for several days or more, the prices will update when you confirm on the order review page with current pricing for your review prior to submitting the order. Please note that Customer Service only has access to current pricing. Increment lists are available by request.
*Please note that SN prefix sterling items are updated every few months instead of daily.
SERVICIO EN ESPANOL
Servicio en espanol esta disponible solo por email email@example.com.
Orders shipped prepaid by credit card, debit card, or PayPal services. We do not accept checks. Your card will be charged at the time of shipment for the contents of the parcel. You are not charged for shorted quantity or items on backorder.
Credit Cards - We accept Visa, Discover, & Mastercard. Additional options are available through PayPal accounts. We cannot legally store credit card information; therefore, we will need to collect card details with every order. Declined credit cards will delay your order since we will need to contact you for an alternate card.
PayPal Payments – We will preauthorize $1.00 USD on your PayPal account when you place your order. You will not be charged for your entire order until it ships. The $1.00 pre-authorization should then drop off your account.
Each order submitted to Halstead through the Website is an offer to Halstead to buy the product(s) listed in the order. When you place an order to purchase a product through the Website, Halstead will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute Halstead's acceptance of your order. No order will have been deemed to have been accepted by Halstead until the product(s) contained within the order is shipped by Halstead to you.
Payment for all orders placed through the Website must be provided at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Halstead is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Halstead's payment processor. You agree that you will not initiate any chargebacks to Halstead unless otherwise authorized by Halstead in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Halstead.
You agree that You will pay all taxes or duties assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Website. Halstead will report as income all payments received from you to Halstead to all proper taxing authorities.
SHIPPING & HANDLING
Shipping & handling charges are set by Halstead to cover carrier fees plus assessorial add-ons such as residential delivery, fuel surcharges, and other carrier services. Charges also include related expenses such as shipping materials, product losses from lost or damaged parcels, and parcel handling.
Though Halstead may obtain insurance on products that it ships and may offer to handle any loss or damage claims, Halstead will ship all products Free Carrier FCA (Incoterms 2020) Prescott, Arizona and you bear the risk of loss upon Halstead's placement of the products with your chosen shipping carrier. Halstead provides you with the ability to obtain price quotes for different shipping methods and carriers when you purchase products through the Website. Shipping costs may vary based on package weight, size, zip code, and value.
SIGNATURE REQUIREMENTS – If you request that a package be left on a doorstep without a signature you may waive your declared value insurance coverage. Please arrange for delivery at a location with a person present. Signatures are mandatory for packages valued over $1,000.
FedEx and USPS have varying policies and procedures for when they require a signature for delivery and when they do not. However, it is important to note that both carriers ultimately give final discretion to your specific delivery driver regardless of whether you have paid for a signature/no signature designation. This discretion is the policy of the carriers and we do not have influence over their procedures.
SHIPMENT LOSS OR DAMAGE - Once packages leave our building, they are the responsibility of the shipping provider you choose. We will facilitate any loss or damage claims when packages are insured by an outside provider. We cannot ship replacements for lost merchandise during carrier claim waiting periods without payment according to our normal terms.
Order filling and shipping transit times do not include weekends and holidays. Weather delays along the route can affect delivery times.
Unclaimed or return-to-sender parcels will be assessed a 10% restocking fee, plus shipping charges.
FedEx charges a fee for address corrections in transit. If you enter a typo on your cart order you will be responsible for any assessed address correction fee.
Ground transit time map provided by FedEx.
We will accept returns that meet the following requirements; otherwise, they will be returned to sender:
- Goods must be returned within 30 calendar days of receipt.
- Goods must be accompanied by customer number, invoice number & date. A copy of the invoice is very helpful.
- Goods must be in sorted & in original condition. Used goods will not be accepted. We will not sort and identify mixed bags of stock.
- Goods must be safely packed in a box or heavily padded mailer to protect the merchandise. We do not accept goods damaged in return shipping. We will automatically reject any returns received in regular envelopes. These returns are logged and will not be accepted if they are mailed to us again in different packaging.
- Some products may not be returned. These items have notations.
- Precious metal items will be credited for the invoiced price regardless of market pricing when the return is received.
- There will be no processing fee on returns that meet these terms.
- House account credits unclaimed for 24 months after issue date will expire. Please use your credit promptly.
- Customer is responsible for return shipping charges.
Returns will be processed and credited within 5 business days of receipt. Please send returns that meet these criteria to:
6650 Inter Cal Way
Prescott, AZ 86301
Please note that the following product variances are within normal manufacturing parameters. You may return any items according to our Returns Policy; however, these conditions will not be considered defects.
- Cast metal items will vary in weight and thickness by approximately 10%.
- Hole sizes of beads will vary plus or minus .2mm on small beads and .5mm on large beads (8mm and larger).
- Chain widths will also vary plus or minus .2mm.
- Tarnish and patina are naturally occurring by-products resulting from metals reactions with the air. Many environmental factors contribute to the speed of these processes. Tarnish can be removed with readily available metal cleaners.
- Gold Filled finish colors will vary due to the different finishing processes used by manufacturers. Most items are near the industry standard "Hamilton" color; however, some items will be more yellow, tawny or darker in hue.
- Gold Filled blanks and sterling silver S4, SL, SU and SB prefix blanks are stamped or die struck. This type of manufacturing may leave light scratches on the surface.
- Finished sterling silver chains are often plated for a high polish after assembly. The plating process may cause spring ring and lobster clasps to be stiff the first few times they are triggered.
ANTI-TARNISH TREATMENT & OXIDIZING SILVER
In the printed catalog and website product listings, we have flagged sterling silver items that are known to be treated with anti-tarnish spray, dip, or e-coating with the green dot notation. Online, you can filter product listing pages by surface treatments. Most of these treatments are temporary and will have various efficacies depending on storage conditions, time since production, climate and air particulates in your area. These items are NOT guaranteed to resist tarnish for any amount of time. However, treated items will be resistant to after-market oxidation with liver of sulfur or other methods. We do not recommend attempting to oxidize these items. They may resist oxidation all together or yield poor, splotchy results.
All normal terms apply to International orders. However, there are also the following additions.
$250 MINIMUM ORDER. WHOLESALE ONLY.
All shipments outside the USA must go to a wholesale approved customer with a valid Tax ID on record with us for customs clearance. The customer is the importer of record responsible for any regulatory compliance for goods and shipments imported into their countries. European Union accounts must have VAT registration. Canadian customers must have GST, HST, or PST registrations. Businesses in other countries must have equivalent licensing.
DUTIES & TAXES - All international customers including Canada and Puerto Rico are responsible for the applicable importing duties, VAT, brokerage fees, & taxes in their home countries. We recommend that customers consult with FedEx or a local customs broker prior to placing a first order. Customs will not allow you to refuse payment after items have cleared, even if you decide to return goods or reject delivery. Duties and taxes are obligatory regardless of the shipping method you choose.
CREDIT CARDS - We accept foreign Visa & Mastercard payments.
BANK TRANSFERS - We accept payment via bank account wire transfer. The originating bank and any intermediary banks will assess processing fees on the wire that usually total between $30-$60 per transaction. Customers are responsible for these bank fees incurred during the transfer, but we do not add any additional processing charges.
DIRECT SHIPPING – We will only ship directly to the following countries. Customers in some other countries may have orders directed to broker services in the United States or one of the countries listed in the terms section of our website.
|BRITISH VIRGIN IS||VG|
|FRENCH Polynesia & Tahiti||PF|
|IRELAND, REPUBLIC OF||IE|
|TRINIDAD & TOBAGO||TT|
|UNITED ARAB EMIRATES||AE|
|US VIRGIN ISLANDS||VI|
We are compliant with AML requirements under the US Patriot Act. We maintain high standards of fraud screening and detection to protect our customers and credit card holders. We reserve the right to require additional documentation or payment via bank wire if an account is flagged for suspicious activity. We also reserve the right to decline any orders that we cannot sufficiently authenticate as legitimate business transactions.
HALSTEAD BEAD ACCESSIBILITY POLICY
Halstead Bead, Inc. (“Halstead”) is committed to providing a positive user experience to all our customers and we aim to facilitate the accessibility and usability of our website for all, including those with disabilities.
Halstead intends that its website, to the extent possible, will conform with the Worldwide Web Consortium's Web Content Accessibility Guidelines version 2.1, Level AA Conformance (WCAG 2.1 Level AA). Where conformance with these standards is not technically feasible or may require extraordinary measures to implement the standards, Halstead has provided alternative means by which those with disabilities may access or interact with the website, including, but not limited to, by implementing a telephone number to accept phone orders and to provide live support in accessing the website. Halstead also provides an email address to provide website accessibility support.
Halstead takes web accessibility seriously and prioritizes accessibility error and bug fixes to ensure that they are remedied at the same level of priority as any other critical website feature. Halstead also trains its employees and relevant contractors to ensure that they can aid those with disabilities in placing orders both through the Website and through alternative means.
If you have difficulty using or accessing any element of the Website, please feel free to email us at firstname.lastname@example.org or call us at 1-800-528-0535 and we will work with you to provide you with the requested information or to complete your intended transaction.
Please contact us at email@example.com if you have any feedback or suggestions as to how we may improve the accessibility of this website.
- Eligibility to use the Website.
By using the Website, you warrant that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
- Sales of Products Through the Website
All products sold through the Website are intended for sale to, and use by, individuals aged eighteen (18) or older. If you are under the age of eighteen (18), you are expressly prohibited from purchasing or using the products sold through the Website.
- Limited License
You acknowledge and agree that the Website is the property of or is licensed by Halstead and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Halstead reserves all rights not expressly granted through this Agreement.
Halstead provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
- Acceptable Use Policy
When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Halstead for such a breach, including, but not limited to, monetary damages, costs, and attorneys' fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
- Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Halstead through a separate, written agreement;
- Accessing or attempting to access the Website through automated means;
- Circumventing the technological protection measures of the Website;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
- Disrupting or otherwise interfering with the Website or its associated servers or networks;
- Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
- Diverting or attempting to divert customers of the Website to another website or service;
- Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
- Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.
Halstead reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. Halstead also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.
- Idea Submission Policy
Halstead may provide you with the ability to submit ideas to Halstead through the Website. If you submit ideas to Halstead, you agree that any ideas that you submit to Halstead will automatically become the property of Halstead and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to Halstead. You understand and agree that Halstead may use or redistribute any ideas that you submit to Halstead for any purpose and in any way and that Halstead has no obligation to keep any ideas submitted to Halstead confidential.
- User Account
Halstead may provide you with the ability to register a user account (“User Account”), which may provide you with access to additional areas of the Website, including, but not limited to, the ability to track your orders, obtain wholesale pricing, view your order history, edit your personal or personally identifiable information, update your billing methods, create and view your wishlist, create reviews, and view your review history. When creating your User Account, you must provide accurate and complete information. You are responsible for keeping your User Account information safe and secure, including your username and password, and you are solely responsible for the activity that occurs through your User Account. Although Halstead will not be liable for any losses caused by any unauthorized use of your User Account, you may be held liable for the losses of Halstead or others due to such unauthorized use. If you become aware of any breach of security or unauthorized use of your password or of your User Account, you must notify Halstead immediately at firstname.lastname@example.org.
You agree that you will not sell, transfer, license, or assign your User Account or access thereto. Halstead prohibits the creation of a User Account for anyone other than yourself. Halstead reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning. By creating a User Account, Halstead may contact you by any available means, including, but not limited to, by email.
- License to User-Generated Content
Halstead may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website through your User Account, including, but not limited to, product reviews (collectively “User-Generated Content”). You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to the Website, you grant Halstead a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Website. The customary and intended purposes of the Website may include, but are not limited to, displaying the Website's content to you or to third parties, providing the Website's services to you or to third parties, and archiving or making backup copies of the Website. By submitting User-Generated Content to the Website, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to the Website. When posting User-Generated Content to the Website, you warrant that your User Generated Content will be accurate, truthful, non-deceptive, and complete.
Halstead assumes no responsibility, and cannot be held liable, for, the conduct of any User Account that submits User-Generated Content to the Website, including, but not limited to, the accuracy, reliability, completeness, or truth of any review.
- Halstead as Service Provider
You understand and agree that Halstead provides the Website as a service and will not be held liable for and takes no responsibility for any interactions by and between users of the Website. You understand and agree that Halstead is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that Halstead cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though Halstead may edit, remove, or control the content submitted to and displayed through the Website by third parties, it will not be held liable for that content. The Website may contain links to third-party websites. The inclusion of such links does not imply approval or endorsement of the linked site by Halstead.
- Copyright Policy
- Halstead will respond to all duly authorized notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that a user of the Website has infringed upon your copyright rights, you may provide Halstead with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with the Digital Millennium Copyright, Halstead will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification under the Digital Millennium Copyright Act.
- All notices of copyright infringement submitted to Halstead must contain the following:
- the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work(s) alleged to have been infringed;
iii. the location of the copyrighted work(s) in the Website;
- your contact information, such as an address, telephone number, fax number, or email address;
- a statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- a statement, under penalty of perjury, that the information contained in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
- Upon receipt of a duly authorized notice of infringement, Halstead will undertake reasonable efforts to notify the poster of the allegedly infringing content so that the poster may issue a counter-notification. Counter-notifications must contain the following:
- The physical or electronic signature of the User;
- Identification of the material that has been removed or the location where the material previously appeared;
iii. A statement, under penalty of perjury, that the subscriber has a good faith belief that the material was removed due to mistake or misidentification; and
- The subscriber's name, address, and telephone number and a statement that the subscriber consents to the jurisdiction of the federal district court in which the subscriber is located.
- All notices of infringement may be sent to email@example.com.
- Ordering, Shipping, and Returns.
You understand and agree that the Website and your User Account may be subject to additional terms or policies, including, but not limited to, Halstead's wholesale, minimum order requirements, shipping, or returns policies. A current list of Halstead's policies is listed above on this web page. Halstead reserves the right to discontinue, modify, amend, or replace these policies at any time, without prior notice, and in its sole and absolute discretion. Your continued use of the Website after a change in any such policies constitutes your agreement with and manifestation of assent to any such changes.
- Proprietary Rights
You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of Halstead. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data or content contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by Halstead.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Website by Halstead, including, but not limited to, HALSTEAD and HALSTEAD BEADS, are common law or registered trademarks owned by or licensed to Halstead. You are expressly prohibited from using the trademarks of Halstead to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Halstead in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
- Term and Termination
The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Halstead terminates your access to the Website; or (ii) you cease using the Website and terminate your Account. Halstead reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
- Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT HALSTEAD WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE OR TRANSACTIONS THAT OCCUR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT HALSTEAD'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO HALSTEAD OR $1,000, WHICHEVER IS LESS.
HALSTEAD EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF ITEMS PURCHASED THROUGH THE WEBSITE. ITEMS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES FROM HALSTEAD, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
HALSTEAD WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, PERSONAL INJURY, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF ITEMS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, DEATH, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF ITEMS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT HALSTEAD'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO HALSTEAD OR $1,000, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless Halstead, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from and against any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your submission of User-Generated Content to the Website, (iii) your purchase of any item through the Website, (iv) your use of any item purchased through the Website, (v) your violation of any term or condition of this Agreement; (vi) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vii) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Halstead will not provide you with the ability to control Halstead's defense, and Halstead reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
- Choice of Law, Resolution of Disputes, and Stipulation to Jurisdiction
You and Halstead agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase or use of products through the Website, will be governed by the laws of the State of Arizona, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and halstead Halstead agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website or products purchased through the Website, including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Prescott, Arizona or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney's fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF ITEMS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND HALSTEAD EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN OR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Any claims must be brought within one year of each applicable invoice or will otherwise be barred.
- Force Majeure
Halstead will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Halstead's control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your Account, or the Website, including, but not limited to, your duty to indemnify and defend Halstead.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. Halstead reserves the right to assign its rights and duties under this Agreement, including in a sale of Halstead or its Website.
- Waiver and Integration
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.