Effective February 28, 2024

1. INTRODUCTION AND ACCEPTANCE
Welcome to hy-fashion.com (“Website”), an interactive online service operated by H&Y Fasion LLC and its subsidiaries (“us,” “we,” or “our”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME), YOU AGREE TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME, AS OUTLINED IN SECTION 24 BELOW. IF YOU DISAGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which you acknowledge as a result. In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use your information. Accessing or using the Website also signifies your acknowledgment and agreement to our Privacy Policy.

2. PAYMENT
Payment must be made at the time of purchase. Payment may be made with secure credit cards. We currently accept American Express, Discover, Visa, and MasterCard. Generally, credit cards will be authorized with your order total when you place an order.

3. ORDER CHANGE OR CANCELLATION
Once accepted by us, orders are not subject to change, cancellation, or deferment of shipping date, except with our written consent and upon terms that will indemnify us against resulting loss or damage. We reserve the right to cancel or reject your order at any time for any reason. If we reject or cancel your order, we will attempt to notify you using the contact information you have submitted with the order. In cases where we cancel or reject an order, we will issue a refund if a charge has been made against your credit card.

4. PRICING
Except where noted otherwise, the Regular Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Regular Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Regular Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the Regular Price may be provided by the merchant.
With respect to items sold by us, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. This policy applies only to products sold and shipped by us.

5. SHIPPING
Shipping dates that may be provided at the time you place the order are estimated shipping dates only. We will use reasonable efforts to deliver your order in accordance with the estimated dates, but do not warrant or guarantee any particular delivery dates. Unless otherwise stated herein, you will be charged for shipping. Shipping costs for orders from us depend on the method of shipping you choose. For more information on shipping rates, schedules, and policies, please Contact Us via email or by phone as indicated on our Shipping and Returns web page.

6. SALES TAXES
We collect and remit sales tax as required by law.

7. RISK OF LOSS
We will ship products of FOB origin (you pay shipping and insurance). Upon delivery of products to the carrier, the title and risk of loss will be passed on to you. The carrier will be deemed to be your agent, and you and/or the carrier shall bear all risk of loss or damage during transit. We will not be liable for any damages, including indirect, incidental, or consequential damages, in connection with the delivery or non-delivery of any product, including but not limited to damages incurred during shipment or caused by a delay in delivery. You must notify us within 30 days of shipping date if you believe any part of your purchase is missing, wrong, or damaged.

8. RETURN POLICY
Products purchased from hy-fashion.com are subject to our Return Policy.

9. CHANGED OR DISCONTINUED PRODUCTS
We may revise the selection of products and services or discontinue products and services at any time without notice to you. This may affect information saved in your online Shopping Cart, Wish List, and previous orders.

10. COMPLIANCE WITH APPLICABLE LAW; NOT FOR RESALE OR EXPORT
You agree to comply with all applicable laws and regulations of the various states and the United States. You agree and represent that you are buying our products only for your home use, not for resale, commercial use, or export.

11. INTELLECTUAL PROPERTY
The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names, and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

12. WEBSITE ACCESS AND USE
Access to the Website, including, without limitation, the Website Content, is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. We may permit you to download or print Website Content or both in certain instances. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
Furthermore, except as expressly permitted in these Terms of Use, you may not:
Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
circumvent, disable, or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website or Website Content;
use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission. Notwithstanding the preceding, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
collect any personally identifiable information from the Website, including, without limitation, user names, passwords, and email addresses;
solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
attempt to or interfere with the proper working of the Website or impair, overburden, or turn off the same;
decompile, reverse engineer, or disassemble any portion of any of the Website;
use network-monitoring software to determine the architecture of or extract usage data from the Website;
encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as defined in Section 15 without permission, etc.);
violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
You agree to fully cooperate with us to investigate any suspected or actual activity that breaches these Terms of Use.

13. USER REGISTRATION
To access or use some features of the Website, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.
If you become a registered user, you will provide true, accurate, and complete registration information, and if such information changes, you will promptly update the relevant information. During registration, you will create a username and password (an “Account”), which may permit access to specific website areas unavailable to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity under your Account, whether or not you have authorized the activity. You agree to notify us immediately, via email or phone as indicated on our Contact Us web page, of any security breach or unauthorized use of your Account.

14. USER CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and other materials (“User Content”). Subject to the rights and license you grant herein, you retain all rights, titles, and interests in your User Content. We do not guarantee any confidentiality concerning User Content, even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or any other harm resulting from the User Content you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
is an advertisement for goods or services or a solicitation of funds;
includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
contains a formula, instruction, or advice that could cause harm or injury; or
is a chain letter of any kind. Moreover, any conduct by a user that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website will not be permitted.
By submitting User Content to us, simultaneously with such posting, you automatically grant or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media, or technology now known or later developed for the entire term of any copyright in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.
By submitting User Content, you also grant us the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the preceding, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” concerning the User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on our distribution partners’ websites and advertising networks and third-party service providers (including their downstream users).
We have the right to monitor User Content, but not the obligation. We have the right, at our sole discretion and for any reason whatsoever, to edit, refuse to post, remove, or restrict access to any User Content.

15. WEBSITE CONTENT & THIRD PARTY LINKS.
We attempt to be as accurate as possible. However, we do not warrant that this site’s product descriptions or other content are accurate, complete, reliable, current, or error-free. If a product we offer is not as described, your sole remedy is to return it unused. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
In many instances, Website Content will include content posted by a third party or represent a third party’s opinions and judgments. We do not endorse, warrant, or are responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
Suppose there is a dispute between persons accessing the Website or between persons accessing the Website and any third party. In that case, you understand and agree that we are not obligated to become involved. If there is such a dispute, you hereby release H&Y Fashion LLC and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their Website.

16. INDEMNIFICATION
You agree to indemnify and hold harmless H&Y Fashion LLC and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may occur in connection with:
your access to or use of the Website;
User Content provided by you or through use of your Account;
any actual or alleged violation or breach by you of these Terms of Use;
any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
your acts or omissions. You agree to cooperate fully with us to defend any claim that is the subject of your obligations hereunder.

17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY H&Y FASHION LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. H&Y FASHION DIRECTLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, H&Y FASHION LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. H&Y FASHION LLC DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS OR E-MAIL SENT FROM H&Y FASHION LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. H&Y FASHION LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW 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.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
In some jurisdictions, limitations of liability are not permitted. Some of the preceding limitations may not apply to you in such jurisdictions. These limitations shall apply to the fullest extent allowed by law.

18. DISPUTES
Any dispute relating in any way to your visit to the Website or to products or services sold or distributed by hy-fashion.com or through the Website in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or County Courthouse in Spokane, Washington. You consent to exclusive jurisdiction and venue in such courts.

19. TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Website for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that H&Y Fashion LLC shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website.
Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Account or these Terms of Use shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury.


20. COPYRIGHT POLICY
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).
Our Designated Agent is:
H&Y Fashion LLC
eCommerce Specialist
330 W Dalton Ave
Spokane, WA 99205
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or accessed, which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

21. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

22. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

23. AMENDMENT; ADDITIONAL TERMS
At our sole discretion and for any reason, we reserve the right to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. You are responsible for reviewing the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any of the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Account.

24. MISCELLANEOUS
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Except where expressly stated otherwise (e.g., Section 13), if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the parties’ entire agreement with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
You may not assign these Terms of Use, or assign any rights, or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null, void, and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.


OUR ADDRESS

H&Y Fashion LLC
330 W Dalton Ave
Spokane, WA 99205