Terms and Conditions
Last updated: May 9, 2026
Effective date: June 10, 2026
Welcome to the online store operated by FR D FS d/b/a Halara ("Halara", "we", "our", "us")! We appreciate your interest in our products and hope you enjoy everything we have to offer.
These Terms and Conditions are a contract between you and Halara that informs you of the terms, conditions, exclusions, notices, policies, and agreements (collectively, the "Terms") that set out the basic rules governing your access to and use of services owned or operated by Halara and our affiliates and subsidiaries, including our websites linked to these Terms ("Sites"); our mobile applications ("Apps") that have these Terms linked to them; or any other websites, pages, features, or content owned and operated by us that are linked to these Terms (collectively, including the Sites and Apps, the "Services").
YOUR ACCESS TO AND CONTINUED USE OF THE SITES, APPLICATIONS, AND SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND CONTINUED COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW.
By accessing or using the Services in any way, including, but not limited to, visiting or browsing the Sites, downloading the mobile applications, registering an account, or contributing content or other materials to the Sites or on or through the Apps, you expressly understand, acknowledge, and agree to be bound by these Terms. In addition to these Terms, our Privacy Policy and Cookie Policy govern how Halara collects, stores, and protects your information when you use the Services. Our Shipping and Returns Policy governs how Halara handles the shipping and returns of our products. Our Privacy Policy, Cookie Policy, and Shipping and Returns Policy are incorporated by reference into these Terms as if fully included herein. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT REGISTER FOR, USE, OR ACCESS THE SERVICES.IMPORTANT NOTICE REGARDING ARBITRATION: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT THAT LIMITS YOUR RIGHTS TO FILE A LAWSUIT IN COURT, TO FILE A CLASS ACTION, AND TO HAVE LITIGATION RESOLVED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. SEE SECTION 15 FOR DETAILED INFORMATION ABOUT ARBITRATION (INCLUDING THE ARBITRATION OPT-OUT PROCEDURE).
Click on the links below to access that section of the Terms.
INDEX
1. GENERAL
1.1. Updates to the Terms . We reserve the right to modify these Terms, including the Privacy Policy and Cookie Policy, at any time and without prior notice, at our sole discretion. Each time you order Products from us, the Terms in effect at that time will apply to the Contract between you and us. We will use all reasonable efforts to notify you of such changes. However, it is your responsibility to periodically check the "Last Updated" legend at the top of this page to see when these Terms were last modified. When changes are made to these Terms, they will become effective immediately upon posting on this page, unless otherwise stated. If we substantially modify these Terms, to the extent permitted by applicable law, such modification will become effective when (i) you first use the Services with effective notification of such change, or (ii) 30 days after the posting of such change, whichever occurs first. We may notify you of modified Terms at our sole discretion, and such notification may include, for example, email, a notice posted on the Sites or Apps, or other means. Your continued access to and use of the Services after any changes constitutes your acceptance of and agreement to be bound by the revised Terms in effect at that time. You agree to review these Terms periodically and to be bound by them and any modifications thereto. Because our Services evolve over time, we may also change or discontinue all or part of the Services at any time without prior notice.
2. USE OF OUR SERVICE
2.1. Representations and Age Restriction . By using our Services, you represent and warrant that: (a) the information and details you submit to the Services are true and accurate; (b) your use of the Services does not violate any applicable law or regulation. You affirm that you are at least the age specified in any applicable age rating or restriction specific to the Service, and that you are fully capable and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms, and to be bound by and comply with these Terms. We offer the Products for sale only to individuals over 18 years of age who are end consumers, meaning those acting for purposes unrelated to their trade, business, or professional activity, in accordance with the Consolidated Text of the General Law for the Defense of Consumers and Users. We reserve the right to refuse orders placed by individuals who are not consumers or orders placed by consumers under 18 years of age. We only supply the Products for domestic and private use. 2.2. Account Creation. To access certain features available on the Services, you must create an account ("User Account"). To create a User Account, you must be at least 16 years old, be a "natural person" in your country of residence, and provide truthful and accurate information about yourself. You agree that you are responsible for all activities that occur under your User Account, as well as for maintaining the confidentiality of your password and restricting access to your devices so that others cannot access our Services in violation of these Terms. You may not use another person's User Account. Each time you use a password or identification, you will be deemed authorized to access, confirm your agreement to the Terms and Conditions updated by Halara from time to time, and use the Sites or Apps in a manner consistent with these Terms, and Halara has no obligation to investigate the authorization or source of such access or use of the Services. You will be solely responsible for all access to and use of the Services by any person using the password and ID originally assigned to you, whether or not such access and use of these Sites is actually authorized by you, including, but not limited to, all communications and transmissions and all obligations (including, but not limited to, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You agree to immediately notify Halara of any unauthorized use of your password or ID or any other breach or threatened breach of the security of the Sites or Apps of which you become aware that involves or is related to the Services.We reserve the right to take all measures we deem necessary or reasonable to maintain the security of our Services and your User Account, including, without limitation, canceling your User Account, changing your password, or requesting information to authorize transactions in your User Account.
2.3. Account Cancellation. We may occasionally restrict access to some or all parts of the Services, including the ability to upload documents, make payments, or send messages. We may cancel your Account at any time, at our sole discretion, without cause or notice, or if we believe you have violated these Terms. You may cancel your account at any time, for any reason, by following the instructions on the Sites or in the App, or by contacting us as described in the "Contact" section below. 2.4. Customs. In accordance with customs regulations, customers must provide valid and accurate information, including but not limited to names and addresses. The customer is solely responsible for the accuracy of the information provided. If any information is incorrect and prevents any shipment, delivery, or customs clearance, we will not be held liable and will not offer any compensation in such cases. As importers, customers are responsible for complying with all laws and regulations of their own countries. For more information, please see our Privacy Policy.3. OUR INTELLECTUAL PROPERTY RIGHTS
3.1. Content. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing on or with the Services (“Content”) are protected intellectual property, or used with permission or under license by Halara. Such Content may be protected by copyright, trademarks, patents, or other intellectual property rights and laws. This includes all Content on each Site and App, protected by copyright and as a collective work. All intellectual property rights associated with the Services, and related equity, are owned by us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Services. All rights not expressly granted herein are reserved. 3.2. Halara Trademarks. The trademarks, service marks, icons, graphics, word marks, designs, and logos of "Halara" ("Trademarks") are owned by Halara and our subsidiaries and affiliates. The Halara Trademarks are registered trademarks in the United States and in other countries for which applications are pending or registrations have been issued. You do not have and will not acquire any right, title, or interest in or to any of the Trademarks. The appearance of the Halara Trademarks, whether on any product offered for sale on the Sites or Apps, or appearing as a logo or text anywhere on the Services, is not a representation that Halara owns any copyright or other intellectual property rights in or to the products offered for sale on the Sites or Apps. Halara sources some of its products from third-party manufacturers and wholesalers. 3.3. Subject to the terms and conditions of these Terms, Halara grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services and their Content by displaying them in your internet browser, in the case of our Sites, or on your mobile devices, in the case of our Apps, solely for the purpose of purchasing personal items sold on the Sites or Apps and, in no event, for your commercial use or on behalf of any third party, unless expressly permitted by Halara in advance. Any breach of these Terms will result in the immediate revocation of the license granted in this paragraph, without prior notice.Except as permitted in the preceding paragraph, you may not copy, reproduce, republish, distribute, display, sell, lease, transmit, create derivative works, translate, modify, reverse engineer, disassemble, decompile, or otherwise exploit the Services or any part thereof, unless expressly permitted by Halara in writing. You may not make any commercial use of the information provided in the Services or use the Services for the benefit of another business, unless expressly permitted by Halara in advance. Halara reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion, including, without limitation, if we believe that customer conduct violates applicable law or is detrimental to our interests.
4. CONTENT SUBMITTED BY YOU
4.1. Reviews, Comments, and Submissions. You are responsible for all information, including but not limited to text, reviews, posts, images, ideas, know-how, techniques, questions, comments, suggestions, or other materials or Content that you upload or transmit through our Services (“User Content”). You agree, represent, and warrant that any User Content you transmit through our Services is truthful, accurate, non-deceptive, and offered in good faith, and that you have the right to transmit such User Content. You will not upload, post, or otherwise make available on or through our Services any User Content that is protected by copyright, trademark, or other proprietary rights of third parties without the express written authorization of the owner of such right(s). You will be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other damages resulting from such User Content. PLEASE DO NOT POST OR SUBMIT ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROTECTED, OR FOR WHICH YOU EXPECT COMPENSATION. By submitting any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will not be considered confidential or proprietary, (iii) we may already have something similar under study or development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances, unless we expressly agree otherwise in writing. Please note that we have no obligation to maintain the confidentiality of User Content, unless expressly stated otherwise. You will not use a false email address, impersonate anyone other than yourself, or otherwise mislead Halara or third parties as to the origin of any User Content. Halara may, but is not obligated to, remove or edit any User Content (including comments or opinions) for any reason. Please note that individuals under the age specified in the "Age Declarations and Restrictions" section are prohibited from posting images of themselves or others on our Services. 4.2. User Content License. By submitting User Content to us, directly or indirectly (including through the use of third-party social media platforms directed to us), you grant us (or warrant that the owner of such information and material has expressly granted us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (i) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit, and distribute or otherwise make available to third parties such User Content (in whole or in part and for any purpose) throughout the world; (ii) to incorporate such User Content into other works in any form, medium, product, service, or technology now known or hereafter developed for any purpose, including sale, manufacture, or advertising (and to exercise all intellectual property rights associated with such products or other works); and (iii) to use your name, username, location, photograph, likeness, voice, likeness, and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Services a non-exclusive license to access your User Content through our Services, and to tag, rate, review, comment on, use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of our Services and under these Terms. In addition, you irrevocably waive any "moral rights" or other rights with respect to the attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. 4.3. Our Rights. You acknowledge and agree that we reserve the right (but are not obligated) to take any or all of the following actions, at our sole discretion: (i) evaluate User Content before allowing it to be posted through our Services; (ii) monitor User Content; (iii) alter, remove, refuse, or deny posting or allowing to be posted, without prior notice, any User Content, for any reason or no reason at all, provided, of course, that we have no obligation or liability to you for not doing so or for doing so in any particular way; and/or (iv) disclose any User Content, and the circumstances surrounding its transmission, to any third party for the purpose of providing our Services, protecting ourselves, visitors to our Sites, and users of our App, complying with legal obligations or governmental requests, enforcing these Terms, or for any other reason or purpose we deem appropriate. If you see User Content through our Services that you believe violates these Terms, please contact us using the information in the Contact section.5. PROHIBITED USE OF OUR SERVICES
While using the Services, you are obligated to comply with all applicable laws, orders, regulations, rules, and other rules. You are prohibited from:(i) use the Services to send or post harassing, abusive or threatening messages;
(ii) transmit through the Services any information, data, text, file, link, software or other material that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racial, ethnic or otherwise objectionable, solicit passwords or personal information for commercial or illegal purposes, including hidden pages, links or images, provide instructional information about illegal activities, or that threatens our relationships with our partners, customers or suppliers;
(iii) attempt to conceal or falsify the identity of the sender or the person sending the information, or otherwise invade someone's privacy;
(iv) disrupt the normal flow of the Services, including any dialogue within the Services or otherwise act in a manner that negatively affects other participants;
(v) send spam or other direct marketing communications or post, transmit or link to any unsolicited advertising, promotional material or any other form of solicitation or commercial content;
(vi) intentionally or unintentionally engage in or promote any activity that violates any applicable local, provincial/state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing the Services;
(vii) publish or transmit executable programming of any kind, including viruses, spyware, Trojan horses, Easter eggs or any other form of computer programming or disabling mechanism.
(viii) publish User Content or use the Services in a way that damages the image or rights of Halara, other users or third parties;
(ix) use any robot, spider, or other automated program or device, or manual process to monitor, copy, summarize, or otherwise extract information from these Services or Halara Content in whole or in part, including without limitation, creating any frame in any other Service that belongs to any part of these Services; and attempt to circumvent, disable, or otherwise interfere with the security-related features of the Services that prevent or restrict the use or copying of any Halara Content or impose limitations on the use of the Services.
6. PRIVACY POLICY AND COOKIES POLICY
When you use our Services and place orders through them, you agree to provide us with your email address, postal address, and/or other contact information truthfully and accurately. You also agree that we may use this information to contact you regarding your order, if necessary.
We respect your right to privacy. To see how we collect, use, or disclose your personal information in connection with your use of our Services, including how to opt out of our non-transactional communications, please see our Privacy Policy and Cookie Policy, which you can access in the website footer for Sites, and through the application menu for Apps.
7. ERRORS AND OMISSIONS
Occasionally, information on a Site or App may contain errors, including, but not limited to, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. If permitted by local law, Halara reserves the right to correct, at any time and without prior notice, any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service is inaccurate (even after you have placed your order).
If you notice an error in your personal data entered during registration for our Services, you can contact us to correct it in the "My Account" section. In any case, you can correct errors related to the personal information provided during the purchase process by contacting us, and you can also exercise your right to rectification as outlined in our Privacy Policy through our Websites and Apps. The Services display confirmation boxes at various stages of the checkout process that prevent you from proceeding with your order if the information in those sections has not been entered correctly. The Services also provide details of all items you have added to your shopping cart during the checkout process so that you can modify your order details before making your payment. If you notice an error in your order after completing the checkout process, you should contact our customer service team immediately or email us at service@thehalara.es at any time to correct the error.Although Halara strives to provide accurate product and pricing information, typographical or pricing errors may occur. Halara cannot confirm the price of an item until after an order has been placed. If permitted by local law, if an item is listed with an incorrect price or incorrect information due to an error in pricing or product information, Halara reserves the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event of an incorrectly priced item, at our discretion and as permitted by local law, we may contact you for instructions or cancel your order and notify you of such cancellation.
8. TRADE STANDARDS
8.1. Price, Orders and Payment.
8.1.1. We may make improvements and/or changes to the products described in our Services, add new features, discontinue a material Service with proper advance notice, or discontinue complementary Services at any time without prior notice, as permitted by applicable law. Furthermore: (a) we reserve the right to change the products advertised or offered for sale through our Services, the prices or specifications of such products, and any promotional offers at any time without prior notice or liability to you or any other person; (b) we cannot guarantee that products advertised or offered for sale on our Services will be available when requested or subsequently; (c) we reserve the right to limit the quantities sold or offered for sale; (d) we do not guarantee that the information on our Services is error-free; (e) If permitted by local law, we reserve the right to modify, cancel, terminate, or not process orders (including accepted orders) when the price or other material information about our Services is inaccurate, when we do not have sufficient quantities available to fulfill an order, or for any other reason, at our sole discretion. If we do not process an order for such a reason, we will not charge you or will apply a credit to the payment method used for the order. Some jurisdictions may not allow the exclusion and disclaimer of certain implied warranties, so some of the provisions of this section may not apply to you.
8.1.2. All prices include applicable VAT and all other taxes (if applicable). All prices exclude shipping costs. Shipping costs are always available via the "Shipping Information" link on the website or apps. They are also specified individually for your order during the checkout process. The total cost of the order consists of the price of the products ordered and the shipping costs.
8.1.3. Our product presentation through the website or app constitutes a non-binding offer. Once you have selected an item you wish to purchase, it will be added to your shopping cart. To process your order and make payment, you will need to follow the steps in the checkout process, providing or verifying the information requested at each step. Throughout the checkout process, before payment, you can modify your order details. You may also be asked to log in to your account or register with us, enter a shipping address, and select a payment and shipping option. A detailed description of the checkout process is available on the "Order Process" page. If your order triggers a fraud alert in our security system, a confirmation email may be sent to your email address.
8.1.4. You can use the payment methods listed on the local website, which may include Visa, Mastercard, JCB, Diners Club, PayPal, Klarna, Afterpay, Discover, Diners Club, and online banking, etc. Depending on the method you choose, you will need to enter additional details and, if necessary, be redirected to the payment provider's website to authenticate yourself as an authorized user before you can place your order. You can also use your wallet balance, as explained in our Terms of Service. By clicking "Authorize Payment," you confirm that you are the authorized user of the payment method and, if applicable, that it is your credit card. If the payment provider, such as your credit card issuer, does not authorize the payment, we will not be liable for any delays or failure to deliver and we will not be able to enter into a contract with you.
8.1.5 Once you have completed the checkout process, you can place an order by clicking the "Buy Now" button, thereby submitting an offer to purchase (all) the products in your shopping cart (your "Order"). To minimize the risk of unauthorized access, your credit card details are encrypted. Once we receive your order, we will request pre-approval on your card to ensure that there are sufficient funds to complete the transaction.
8.1.6. We will then process your order and send a message to the email address you provided during the checkout process to confirm receipt of your order and contain its details ("Order Confirmation"). The order confirmation and/or the charge to your credit card or other payment method are confirmation that we have received your order.
8.1.7. Our acceptance of your order and the conclusion of the contract between us will occur when we ship the product(s) to you. Your card will be charged at the time of ordering, unless you have chosen the "Pay Later" service (available in certain countries), in which case your card will be charged upon delivery. If you choose the online banking option, your order will include a direct debit mandate to charge your account.
8.1.8. Customers are responsible for any duties, taxes or additional costs imposed on the products at the time of importation, and must pay such costs.
8.2. Packaging . Unless otherwise stipulated, we will only comply with the minimum commercially reasonable packaging standards for the shipping method you have selected. The cost of any special packaging, loading, or reinforcement requested by you will be at your expense.
8.3. Shipping and Delivery. Halara ships from various warehouses in different countries. For orders with more than one item, we may split your order into multiple packages depending on stock levels, at our discretion. We aim to deliver orders as quickly as possible. However, occasionally, during peak sales periods, deliveries may take longer. The estimated delivery time is up to 15 days, but for deliveries from non-European countries, it could be longer, depending on the information provided during the ordering process. If you have not received your delivery within 15 business days, please contact our customer service team at service@thehalara.es
8.4. Ownership and Risk of Loss . Delivery to the carrier constitutes delivery to the Customers, and from that moment, the risk of loss or damage passes to the Customers. Any claim by the Customers relating to damage during shipment or delivery must be made directly to the carrier or, first to Halara, and then assumed by the carrier. Any claim by the Customers against Halara for shortages or damage occurring before such delivery to the carrier must be made within five (5) days of receipt of the goods and must be accompanied by the original transport invoice signed by the carrier stating that the carrier received the goods from Halara in the condition claimed. Notwithstanding the transfer of the risk of loss to the Customers, title to and right of possession of the goods sold as set forth herein shall remain with Halara until all payments set forth herein, including installment payments evidenced by notes or otherwise, interest, and transportation costs, shall have been made in cash, and the Customers undertake to perform all acts necessary to perfect and maintain that right and title with Halara.
8.5. Right of Withdrawal You may withdraw from the Purchase Contract at any time, for any reason, without penalty and without giving any explanation within fourteen (14) days from the date of delivery of the Products. To exercise your right of withdrawal, you must contact us through our customer service department at service@thehalara.es, informing us by means of an unequivocal statement of your decision to withdraw from this contract. In the event of withdrawal, you must return the Products to Halara without undue delay, and in any event within fourteen (14) days from the date on which the notification of withdrawal was submitted to Halara, bearing the costs of return. The product must be returned in its original packaging, and must be carefully stored and used only for the purpose of verifying its nature, specifications, and size, and must not show any signs of use or soiling. We reserve the right to refuse the return of any Product that does not meet the aforementioned requirements. If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs but excluding any customs duties or taxes incurred, as well as any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us. However, in any event, this reimbursement will be made no later than 14 days from the day on which we receive your notification of withdrawal from this contract. For this reimbursement, we will use the same means of payment as you used for the original transaction, unless we have expressly agreed otherwise with you; in no event will you incur any fees as a result of this reimbursement. We may withhold reimbursement until Halara has properly received the returned Product or until you have supplied evidence that the Product has been properly returned, whichever is the earliest. We will not be obliged to reimburse the delivery costs of the Products if you specifically selected a delivery method other than the standard delivery offered by Halara. Please note that, in addition to your right of withdrawal, we have a RETURN AND REFUND POLICY. You should read this policy, as it offers you additional benefits. You can find this policy below.
8.6. Refunds, Returns, and Exchanges. The exact return period and return policy differ from country to country. Please read our Return Policy or contact our customer service for details. Shipping costs are the responsibility of the customer. No refunds, returns, or exchanges will be issued for products not purchased directly through our Services. We reserve the right to refuse a refund, return, or exchange and/or issue a purchase credit to your Account if we determine that our policy is being abused. We may use any means at our disposal, including coordinating with other companies, to determine if you are abusing our policy. This decision is made at our sole discretion.
9. COLORS
We have made every effort to display, as accurately as possible, the colors of our products that appear on the Services. However, since the actual colors you see will depend on your monitor, we cannot guarantee that the display of any color on your monitor will be accurate.
10. THIRD-PARTY LINKS AND RESOURCES
Our Sites and Apps may contain links to third-party sites that are not owned or controlled by us. Any information, statements, opinions, or other content provided by third parties and made available on our Services are those of the respective authors and not ours. We do not guarantee the validity, accuracy, completeness, or reliability of any opinions, advice, services, offers, statements, or other Third-Party Content on our Services. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party site or service. We do not guarantee the accuracy, completeness, or timeliness of content posted on the Sites or in our Apps by third parties. We strongly recommend that you read all third-party terms and privacy policies. By using our Services, you expressly release Halara from any and all liability arising from your use of any Third-Party Content.
11. EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure or delay in performing any of our obligations under these Terms or other agreements when such failure or delay results from events beyond our reasonable control ("Force Majeure"). Force Majeure includes any act, event, non-occurrence, omission, or accident beyond our reasonable control, including, but not limited to, the following:
- Strike, lockout, or other forms of protest.
- Civil disturbances, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared) or threat or preparation for war.
- Pandemic, disease, or other events that affect the global supply chain in a way that is beyond our reasonable commercial control.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Inability to use trains, ships, airplanes, motor transport or other means of transport, public or private.
- Inability to use telecommunications systems, public or private.
- Acts, decrees, legislation, regulations or restrictions of any government or authority.
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
Our obligations under these Terms or other agreements will be suspended for the duration of any Force Majeure event, and we will be granted an extension of time to perform such obligations for a period equal to the duration of the Force Majeure event. We will use all reasonable endeavors to bring the Force Majeure event to an end or to find a solution that allows us to perform our obligations under these Terms or other agreements despite the Force Majeure event.
12. DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL SERVICES, CONTENT, FEATURES, AND MATERIALS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, OR UNINTERRUPTED ACCESS, ANY WARRANTY RELATING TO THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT MAY ARISE FROM COURSE OF DEALING NEGOTIATIONS, COURSE OF PERFORMANCE, OR COURSE OF DEAL, AND WE HEREBY DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS INCLUDED ON IT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR NEEDS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. HALARA ALSO DISCLAIMS ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS, USE, OR BROWSING OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE NOT SATISFIED WITH THE SITE, YOUR ONLY REMEDY IS TO STOP USING IT.
WITHOUT LIMITING THE FOREGOING IN THIS SECTION, HALARA AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT OR SERVICE REQUESTED OR PROVIDED THROUGH THE SITE, AND YOU HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICE INSTRUCTIONS, FAQ DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH HALARA OR ITS AGENTS. ALL PRODUCTS AND SERVICES REQUESTED OR PROVIDED THROUGH THE SITE ARE PROVIDED BY HALARA "AS IS", EXCEPT TO THE EXTENT THAT, IF APPLICABLE, OTHERWISE STATED IN A SEPARATE WRITTEN LICENSE OR SALES AGREEMENT BETWEEN YOU AND HALARA, OR ITS LICENSOR OR SUPPLIER.
13. LIMITATION OF LIABILITY
(1) Unless specific warranties are expressly given when purchasing products from us, we do not provide any additional warranties or guarantees with respect to such products beyond those implied by applicable law (these include, for example, that the products are of satisfactory quality and reasonably fit for all purposes for which products of that type are commonly supplied).
(2) We will not be liable for any failure or delay in performing any of our obligations under these Terms or other contracts when caused by events beyond our reasonable control.
(3) We will not be liable for any loss of income, profits, contracts, business, anticipated savings or any other indirect loss suffered or incurred by you, arising out of or related to the provisions of any matter under these Terms.
(4) Subject to the foregoing, any liability for losses we assume in connection with the purchase of products is limited to the purchase price and any foreseeable losses. A loss or damage is only considered foreseeable when it could have been contemplated by both you and us at the time you accepted these Terms.
(5) Except for liability related to the sale of products, we cannot be held liable for any direct or indirect damages, regardless of their cause, origin, nature, or consequence, resulting from the use of the Site. In particular, this includes damages resulting from interruptions or inaccessibility of the Site, the appearance of viruses or errors, inaccuracies in the information contained on the Site, or any damages resulting from fraudulent acts by third parties originating from the Site.
(6) Our Site may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site by anyone other than us.
(7). The limitations of liability will also apply in favor of the Company's legal representatives, employees and substitute agents if claims are brought directly against the Company.
(8). Applicable mandatory legal provisions are not affected by the limitations of liability.
14. TERMINATION
The Services and these Terms will remain in effect until terminated by either you or us. We may terminate these Terms by notifying you through any contact information we have about you or by posting such termination on our Services, including your User Account. You may terminate these Terms by notifying us in writing of your intention to terminate, including your detailed contact information and any information from your User Account or other Service credentials, using the information in the Contact section.
In addition to any rights or remedies we may have under applicable law, we may suspend, limit, or terminate all or part of your access to our Services or any of their features at any time, with or without notice and with or without cause, including, without limitation, if we believe you have violated or acted inconsistently with the language or spirit of these Terms. Upon such termination, you must (i) destroy all Content obtained from the Services and all copies thereof; (ii) immediately cease all use of and access to the Services; (iii) we may remove or disable access to any of your User Content at any time; and (iv) we may delete your User Account at any time. You agree that if your use of our Services is terminated pursuant to these Terms, you will not attempt to use such Service under any name, real or fictitious, and you further agree that if you breach this restriction after being terminated, you will indemnify and hold us harmless from any liability we may incur. Your use of the Service after termination will constitute a breach of this section, which survives any termination. Even after the termination of these Terms or your User Account or access to a Site, any User Content you have posted or submitted may remain on our Services indefinitely.
The provisions of these Terms relating to the protection of intellectual property rights, prohibited use, User-Submitted Content, disclaimers, limitations of liability, indemnification and Disputes, as well as any other provisions that by their nature should survive, shall survive any termination.
15. LEGAL TERMS
15.1. Assignment. The User may not assign or transfer these Terms (or any of their rights or obligations under them) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer these Terms. These Terms will inure to the benefit of the parties and will be binding upon them and their respective legal representatives, successors, and assigns.
15.2. Entire Agreement. These Terms, together with our Privacy Policy, Cookie Policy, Shipping and Returns Policy, and any other legal notices posted on the Sites or Apps, constitute the entire agreement between you and us relating to the Services, and supersede all prior terms, agreements, discussions, and writings relating to the Services.
15.3. Severability. If any provision of these Terms is held to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
15.4. No Waiver. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.5. Indemnification. You agree to release, indemnify, and defend Halara and its subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each from all third-party claims and costs (including reasonable attorneys' fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; or (3) your breach of these Terms. We will promptly notify you of any such claim and provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our expense, to assume the exclusive defense of any matter subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
15.6. Interpretation. When reading or interpreting these Terms and Conditions, the headings are for convenience only, and should not be considered.
15.7. Electronic Notifications and Communications. When you visit our Sites or Apps, or send us emails or text messages, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, text message, pop-up notification services, or by posting notices on our Sites. 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.
15.8. Applicable Law. These Terms shall be governed by and construed in accordance with the laws of France. However, if you are a consumer habitually resident in another country, you will also benefit from the mandatory provisions of the law of that country.
Any controversy, dispute, or claim arising out of or relating to this Agreement, or its interpretation, breach, termination, or validity, shall first be submitted to resolution through consultations between the parties to such controversy, dispute, or claim. If, within thirty (30) days after the commencement of such consultations, the controversy cannot be resolved, it shall be submitted to arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC Administered Arbitration Rules in effect at the time the Notice of Arbitration is filed. The law applicable to this arbitration clause shall be the law applicable to this Agreement. The seat of arbitration shall be Singapore. The arbitral proceedings shall be conducted in English, subject to the appointment of the arbitrator.
16. CONTACT
We welcome your questions and comments about our privacy practices or these Terms. You can contact us by email at Legal@halara.com .