These Terms will apply to your use of our Site and to any contract between us for the sale of Products to you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before using our Site or ordering any Products from our Site. By using our Site and by placing an order for Products on our Site, you confirm that you accept these Terms and that you agree to comply with them.
We offer Products for sale on our Site for purchase by consumer customers only. If you are a business or trade customer and wish to purchase any Products, please contact us at email@example.com before placing any order.
These Terms, and any Contract between us, are only in the English language.
“Custom Products” means made-to-order products that are personalized, including without limitation customized mobile phone covers made in accordance with your instructions.
“Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
1.1 We operate the Site at www.goheadcase.com. We are Ecell Global, Inc., a corporation organized under the laws of the State of Florida with its principal address at 1020 Sunshine Lane, Suite 1104, Altamonte Springs, Florida 32714.
2.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the Products. Your Products may vary slightly from those images.
3.1 Use of our Site includes accessing, browsing or registering to use our Site. Please read these Terms carefully before you start to use our Site, as they will apply to your use of our Site.
3.2 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3.3 Our Site is made available free of charge:
(a) the content on our Site is provided for general information only. We make reasonable efforts to update the information on our Site and may update our Site from time to time, and may change the content at any time. However, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date;
(b) we do not guarantee that our Site, or any content on it, will be free from errors or omissions; and
(c) we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
3.4 You may not use our Site:
(a) in any way that breaches any applicable law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in clause 12.1;
(e) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
(f) to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of our Site or any computer software or hardware. You must not attach our Site via a denial-of-service attach or a distributed denial-of-service attack. In the event of such a breach, your right to use our Site will cease immediately.
3.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
5. Our contract with you
5.1 By placing an order for Products through our Site you warrant that you have legal capacity under applicable law to enter into a binding Contract.
5.2 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.
5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site as referred to in clause 10.5 or because the content you provide with respect to Custom Products does not meet our requirements set out in these Terms, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5.6 We reserve the right to withdraw any product from this Site at any time or to edit any materials or content on the Site. While we will make reasonable efforts to process all orders, there may be exceptional circumstances where we may need to refuse to process an order after we have sent you a Dispatch Confirmation. We reserve the right to do this at any time, at our sole discretion.
5.7 All orders for Products are subject to availability and, in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you may have already paid.
6.1 We amend these Terms from time to time. Please look at the Effective Date at beginning of these Terms above to see when they were last updated.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. Faulty or mis-described Products
7.2 As a consumer, you have legal rights in relation to goods that are faulty or not as described.
7.3 If you consider that any Product we have supplied is faulty or mis-described, please notify us by email at email@example.com and include a photograph of the faulty or mis-described Product.
7.4 If any Products you have purchased from us are faulty or mis-described, provided you return such Products to us if requested in accordance with our reasonable instructions we will refund the price of the Products in full, together with any applicable delivery charges, and the reasonable costs you incur in returning the Products to us.
8.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order) unless we agree. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
8.2 For signature-required deliveries, we will make three attempts to deliver your parcel before initiating a return. For all other purposes, we will try to find a safe secure place to leave your parcel. Please note that an order can be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor is based upon the judgement of the delivery driver. Signature-require deliveries which cannot be delivered after three attempts will be returned to the warehouse.
8.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us in accordance with your instructions and the Products will be your responsibility from that time.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges, and they have been delivered to you.
8.6 You may cancel an Order for products other than Custom Products for any reason for a full refund within14 days of placing the order by following the instructions in clause 8.9.
8.7 If we miss the applicable delivery deadline for any Products then you may cancel your Order if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.9 You can cancel an Order in accordance with clause 8.6 or clause 8.8 in any of the following ways:
(a) You may call us at 1-888-509-0294,
(b) You may e-mail us at firstname.lastname@example.org, or
(c) You may go to the following page on our website: www.goheadcase.com/en-US/Returns and follow the instructions on that page. Items must be returned in new condition at the customers expense.
9.1 Purchases from this Site are only available for delivery within the United States. If you live outside of the United States and wish to place an order, please check our group homepage www.ecellglobal.com to see if we operate a website in your International Delivery Destination.
9.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9.3 Nothing in these Terms shall affect your rights as a consumer under the applicable law in your jurisdiction.
10.1 The prices of the Products will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 All prices are shown in US dollars.
10.4 The price of a Product includes charges for standard delivery. Our delivery charges are explained to you during the check-out process before you confirm your Order.
10.6 If you wish to apply a coupon code to your order, please enter the code during the online checkout process. Please note the following rules apply to the use of promotional coupon codes (“Codes”):
(a) only one Code can be used per order;
(b) additional terms and conditions may apply in respect of the use of Codes; and
(c) we reserve the right to decline to accept any Code that is invalid for the order placed or that has expired.
11.1 You can only pay for Products using a debit card or credit card, or using PayPal. We accept the following cards: Visa and Mastercard.
11.2 Payment for the Products and all applicable delivery charges is in advance. We will take payment from you in respect of your order for Products when you submit your order through our Site.
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(d) infringe any intellectual property rights of any third party;
(e) be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(f) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(g) promote any illegal activity or unlawful act; or
(h) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or anxiety.
12.2 If we determine, in our discretion, that you have breached clause 12.1, we reserve the right to refuse to accept your order, cancel your Contract or take such other action as we deem appropriate.
13.1 We are the owner or the licensee of all intellectual property rights in our Site and in the material published on it (including the Company and Site logos which are registered trademarks). Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
13.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use.
13.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.4 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
13.5 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
13.7 Subject to clause 13.8, all intellectual property rights in our Products shall be owned by us, our licensors or our suppliers (as applicable) and nothing in these Terms grants or shall be deemed to grant to you any right to use these rights other than to the extent necessary for the ordinary use of the Products you have purchased in accordance with these Terms.
(a) you are solely responsible for ensuring the accuracy of such content and we shall not be liable for any fault in your Custom Product(s) arising from our using any content supplied by you;
(c) you (or your licensors) shall retain all of your ownership rights in such content;
(d) you grant to us a limited license to use, store and copy such content to the extent required in order to manufacture your Custom Product(s); and
(e) you shall indemnify us and hold us harmless against all liabilities, costs, expenses, damages and losses suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of any such content under this license.
14.1 Our liability in connection with any product purchased through our Site is strictly limited to the purchase price of that product.
14.2 We publish information on this Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.
14.3 YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDE “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS, AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY (1) WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, (2) WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (3) WILL MEET YOUR EXPECTIONS OR REQUIREMENTS, (4) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (5) THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISIFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THESE TERMS. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO, IF YOU ARE GOVERNED BY THE LAWS OF SUCH A JURISDICTION, THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
14.5 IN NO EVENT, SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGHT THE STIE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICPATED PROFITS, OR LOST BUSINESS, DATA, OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF COMPANY OR ITS REPRESENTATIVES OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
14.6 IF YOUR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SITE WILL BE LIMITED TO U.S. $200 IN THE AGGREGATE.
14.7 To the fullest extent possible pursuant to the law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel a Contract under this clause 15 please contact us using the details set out in clause 8.9.
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid U.S. Mail to the address you provide to us in your order.
17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may also link pages of our Site to your personal social media accounts where social media plug-ins are available on our Site.
17.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the standards set out in clause 12.1.
17.3 If you wish to make any use of content on our Site other than that set above, please contact us at email@example.com.
17.4 Our Site may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
18. Other important terms
18.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 The courts of Orange County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida will be the exclusive jurisdiction and venue for all legal proceedings that arise out of these Terms. You consent and agree to the personal jurisdiction of such courts.
18.7 These Terms will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
18.8 These Terms constitute the entire understanding of the Parties with respect to the subject matter of this agreement and supersedes any prior understanding or representation of any kind preceding the Effective Date. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this agreement.