Conditions of Use

Welcome to our online store!

R. Heller and Company, ABN 24 005 137 244, trading as S. Heller Enterprises ('us', 'we', 'our'), provides its services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and we will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content, including any compilation thereof, included on this site is the exclusive property of S. Heller Enterprises, Zen Cart or other content suppliers and protected by domestic and or international copyright law.

TRADE MARKS

Our trademarks may not be used in connection with any product or service that is not our own or in a manner that misleading or deceptive. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

LICENCE AND SITE ACCESS

We grant you a limited licence to access and make personal use of this site ('licence'). This licence does not allow you to download (other than page caching), modify, or enter into an arrangement for the resale or commercial use of this site or its contents including any product listings, descriptions, or prices. Any derivative use of this site or its contents including any use of account information for the benefit of another party, data mining, or similar data gathering and extraction tools, is expressly prohibited. This site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not use any meta tags or any other "hidden text" utilising our name or trademarks without our express written consent. Any unauthorised use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our site so long as the link does not portray us or our products or services in a misleading or deceptive manner. You may not use our logo or other proprietary graphic or trademark as part of the link without our express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with the express consent of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews or other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." We reserves the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. You may submit suggestions, ideas, comments, questions, or other information to us. In your dealings with us, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead or deceive us. If you do post content or submit material you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will fully indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

RISK OF LOSS

We send our products within Australia by registered post, in the event that your order does not reach you we will replace your order at no additional cost.

Where possible, we send our products internationally by, Registered and/or Insured, Airmail to eligible countries. Please see our Shipping & Returns page to check whether your destination country is eligible for insurance, and the type of cover provided. If your destination country is an eligible country, in the event that your order does not reach you, you must notify us so that we may lodge a claim with the carrier. If the determination of our complaint is upheld by the carrier, we will replace your order at no additional cost.

In all other circumstances, and for all other destinations, the risk of loss and title for your order passes to you upon our delivery of your order to the carrier.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by us on an "as is" basis. Whilst we attempt to be as accurate as possible in the description of our products, we make no representations or warranties of any kind, express or implied, as to the operation of this site, its content, or the products described therein.

To the extent permissible by law, we expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, or the products described therein, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow for limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

To the extent that we are liable for any loss or damage arising out of your use of this site, or use of our products, to the extent permissible by law, our liability is limited to either refund the purchase price, provide a replacement item, or provide liquidated damages of $100.00, in our sole discretion.

APPLICABLE LAW

The laws of Victoria, Australia govern these Conditions of Use and any contractual or other arrangement entered into between us and any other party. You expressly consent to the jurisdiction of Victoria, Australia, with respect to any dispute that may arise between you and S. Heller Enterprises.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping & Returns and Privacy Policy, posted on this site. These policies also govern your visit to our site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding these Conditions of Usage, Privacy Policy, or any other matter can be directed to our support staff by sending us an email here.

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