Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE HESS TOY TRUCK STORE. YOUR USE OF THE HESS TOY TRUCK STORE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE HESS TOY TRUCK ONLINE STORE.
1. Products, Content and Specifications: All features, content, specifications, products and prices of products and services described or depicted on the Hess Toy Truck online store, located at http://www.hesstoytruck.com (the “Online Store” or “this website”), are subject to change at any time without notice. Hess Corporation (“we” or “us”), which operates the Online Store makes all reasonable efforts to insure its products will be available for purchase. However, the inclusion of any products on the Online Store at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Online Store. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. Shipping Limitations: When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with any shipping restrictions contained on the Online Store purchase form. All purchases from the Online Store are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Online Store pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information: Order Confirmation and Cancellation: We attempt to ensure that information on the Online Store is complete, accurate and current. Despite our efforts, the information on the Online Store may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on the Online Store. For example, products included on the Online Store may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Online Store. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We may require verification of information prior to the acceptance and/or shipment of any order. We are not responsible for and will not honor any price mistakes for any products sold on the Online Store.
4. Use of the Online Store: The design of the Online Store and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Online Store are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from the Online Store in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
5. Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on the Online Store are registered and unregistered trademarks, trade names and service marks of Hess Corporation and its affiliates. Nothing contained on the Online Store grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Online Store without the written permission of the Hess Corporation or its affiliates.
6. Linking to the Online Store: Creating or maintaining any link from another website to any page on the Online Store without our prior written permission is prohibited. Any permitted links to the Online Store must comply will all applicable laws, rule and regulations.
7. Third Party Links: From time to time, this website may contain links to websites that are not owned, operated or controlled by Hess of its respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
9. Indemnification: You agree to defend, indemnify, and hold harmless Hess Corporation and its affiliates, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees and costs, that arise from your use or misuse of this website. Hess Corporation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Hess Corporation in asserting any available defenses.
10. DISCLAIMERS: YOUR USE
OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED
ON OR THROUGH THE ONLINE STORE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF
ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HESS CORPORATION,
NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE ONLINE STORE. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE ONLINE STORE MAY
BE OUT OF DATE, AND NEITHER HESS CORPORATION NOR ANY OF ITS AFFILIATES MAKES ANY
COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR
SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE ONLINE STORE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. LIMITATIONS OF LIABILITY:
Hess Corporation and its affiliates. assume no responsibility, or will be
liable, for any damages to, or any viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising from your
access to, use of, or browsing the Online Store, or your downloading of any
information or materials from the Online Store. IN NO EVENT WILL HESS OR ANY OF
ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THE ONLINE STORE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF
THE ONLINE STORE, ANY WEB SITES LINKED TO THE ONLINE STORE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS. HESS IS NOT RESPONSIBLE FOR A USER’S BREACH OF THE PRIVACY
IN THE EVENT OF ANY PROBLEM WITH THE ONLINE STORE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE STORE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE ONLINE STORE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES LOCATED AT WWW.HESSTOYTRUCK.COM/RETURNS.
12. Revisions to these Terms and Conditions: These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Online Store.
13. Choice of Law; Jurisdiction: These Terms and Conditions supersede any other agreement between you and Hess Corporation to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Online Store will be brought only in the courts of New York. By using the Online Store, you agree with and consent to the jurisdiction of the courts in New York, and agree not to challenge venue in those courts.
14. Termination: You or we may suspend or terminate your account or your use of the Online Store at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Online Store at any time without notice.
15. Additional Assistance:
If you do not understand any of the foregoing Terms and Conditions or if you
have any questions or comments, we invite you to contact our Customer Service
Department by email at
RetailWebMaster@hess.com or by phone at 1-800-437-7645.