Hello from HELPSY! We are an online community dedicated to cool ethical fashion and we're so happy you found us!
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BY USING THIS SITE YOU ARE AGREEING TO BE BOUND BY THESE CONDITIONS, EFFECTIVE IMMEDIATELY. IF YOU DO NOT AGREE TO THESE CONDITIONS, PLEASE DO NOT USE THIS SITE.
User's Acknowledgment and Acceptance of Terms
Norwood Road LLC (dba “HELPSY” and referred to as ”HELPSY” “us” “we” or “our”) provides shopHELPSY.com website (the “Site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (collectively, the “Conditions”). In addition, users shall be subject to any posted guidelines, policies, or rules that may contain terms and conditions in addition to those in these Conditions. Any such guidelines, policies, or rules are hereby incorporated by reference into these Conditions.
We reserve the right to change these Conditions from time to time without notice to you, and it is your responsibility to review this Site and these Conditions periodically to be aware of modifications. Your continued use of this Site after any modifications will constitute your acknowledgement and agreement to abide and be bound by the modified Conditions.
As used in these Conditions, references to our “Affiliates” include our owners, subsidiaries, employees, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
The names HELPSY and shopHELPSY.com, the HELPSY logo may not be used in connection with any product or service that is not HELPSY’s. Nor may they be used in any manner that is likely to cause confusion, or in any way that may disparage or discredit us. Other trademarks, service marks or logos that appear on the Website, in particular (but not exclusively) the designers, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of the trademark owner.
Use of Site
You may access and use the Site solely for your personal use in accordance with these Conditions. You agree not to access or use the Site in any manner that is prohibited by these Conditions or is otherwise unlawful. We reserve the right in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason at all), and you agree that if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site.
We sell products to customers (“Customers”) and, in connection with those sales, make a contribution to Nonprofits in the amount of 3-5% of the net proceeds of the purchase, excluding shipping charges and taxes (each such contribution a “Contribution”). We shall not request or receive any item of value from Nonprofits in connection with our transmittal of any Contribution. We retain the right to change the Nonprofits we support at any time.
INCREASES TO AMOUNT OF DONATION. Customer understands that if Customer chooses to increase the Contribution above and beyond the automatic donation, we will deduct a small transaction fee of 5.0% of the incremental Contribution to cover processing costs.
For purposes of these Conditions, “content” is defined as any information, text, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. All content presented to you on this site, including the selection and arrangement of the content, is owned by, or licensed to HELPSY, our affiliates, or our suppliers and protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.
LINKING POLICY. If you would like to link to this Site, or any other HELPSY Web site, you must comply with the following guidelines:
- Do not incorporate any content from this Site, or any other HELPSY site, into your web site (e.g., by in-lining, framing or creating other browser or border environments around HELPSY content). You may only link to this Site, or any other HELPSY site, by providing an underlined, textual link from your Web site to the home page of that HELPSY site (an “Authorized Link”). For example, www.shopHELPSY.com is the only Authorized Link to HELPSY' s web site. “Home Page” means the introductory or main web page of a Web site, typically serving as a table of contents for the site. No other link to any HELPSY site is permitted without the express, prior written approval of HELPSY.
- You may not present an Authorized Link to any HELPSY home page in a manner that suggests HELPSY has any relationship or affiliation with your site or endorses your site, products or services.
- Your site must not present false information about HELPSY, its products or services.
- You may not use any of HELPSY's names, logos, designs, slogans, trademarks or service marks or any other words or codes identifying any HELPSY site in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without HELPSY's express, prior written permission for a particular use.
- Your site must not contain content that could be construed as distasteful, offensive or controversial.
- HELPSY prohibits unauthorized links to its Web sites and the framing of any information contained on its sites, or any portion of its sites, without the express, prior written approval of HELPSY. Furthermore, you may not archive, cache, or mirror any HELPSY Web page or portions of a Web page. HELPSY reserves the right to disable any unauthorized links or frames. HELPSY hereby disclaims liability for any material on other Web sites that may contain links to this Site.
- If you would like to use, reprint, frame, or redistribute any content on any HELPSY site other than as permitted herein, you must request permission from HELPSY by writing to info@HELPSY.com. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.
We have made every effort to display colors of the products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
While we try to be as accurate as possible in our product descriptions, because many of the brands we carry on our Site offer products that are handcrafted and one-of-a-kind we cannot guarantee that the product picture on the Site will be an exact match with the item you receive. If you receive an item you are not satisfied with, please refer to our return policy.
At HELPSY we are committed to promoting and selling designers and brands that are taking ethical measures (socially conscious and/or eco-logically conscious) in the production and transportation of their products including the following qualities: non-disposable&well-made, eco-conscious, upcycled, recycled, fair-trade, vintage, sold to profit philanthropic causes, local production, handcrafted, and/or cruelty free. We cannot provide a guarantee about the practices of any brand, as we take them at their word.
From time to time there may have information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. HELPSY reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted your order.
We reserve the right to refuse any order you place with us. We may in our sole discretion, limit or cancel quantities purchased per person or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and / or billing address/ phone number provided at the time the order was made. We reserve the right to limit or prohibit orders. If your payment method has already been charged for an order that is later cancelled, HELPSY will issue you a refund.
In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. These sites may contain information or material that some people find inappropriate or offensive. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor does the inclusion of such a link or reference imply endorsement of, or association with, the other site or party by Us, or any warranty of any kind, either express or implied. Nonetheless, HELPSY seeks to protect the integrity of our Site and the links provided on it and therefore we accept any feedback relating to linked sites, including if a specific link does not work.
Disclaimer of Warranties
TEMPORARY INTERRUPTIONS OF THE SERVICES AVAILABLE THROUGH THIS SITE MAY OCCUR AS NORMAL EVENTS AND WE HAVE NO CONTROL OVER THIRD-PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF USING THIS SITE, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND OUR CONTROL. THE MATERIALS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
HELPSY AND OUR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, losses, damages, costs, and expenses, including attorney fees, that arise from the use or misuse of this Site (including negligent or wrongful conduct). We reserve the right, at our 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 us in asserting any available defenses.
Modifications to the Site
We may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability.
We may deliver notice to you by means of e-mail, a general notice on the Site, or by another reasonable method to an address provided by you to us.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, for any reason, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate your account and delete all related information.
User Comments, Feedback, and Other Submissions
Any comments, feedback, suggestions, ideas, and other disclosures (collectively, the “Comments”), submitted or offered to HELPSY are provided and received on a non-confidential basis. Such offer or submission, of any Comments shall constitute an assignment to HELPSY of all worldwide rights, titles, and interests and shall not be limited in any way in use, commercial or otherwise. HELPSY is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
These Conditions will be governed by and construed in accordance with the laws of the State 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 this Site will be brought only in the courts of the State of New York.
These Conditions constitute the entire agreement and an understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Conditions, these Conditions shall take precedence.
In any action to enforce these Conditions, the prevailing party will be entitled to costs and attorney fees. Any cause of action brought by you against us or our Affiliates arising out of or related to these Condition and/or the Site must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Conditions to any third-party, and any purported attempt to do so shall be null and void.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in the delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Conditions or related rights shall not constitute a waiver of that right or provision.
Ability to Accept Terms
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Conditions, and to abide by and comply with these Conditions.
Any questions, comments or concerns about this Site or these Terms and Conditions? Contact us at: info @ shopHELPSY.com, tel: (917)685-9187 or by mail at HELPSY, 210 Huron Rd., #3D, Brooklyn, NY 11222