PLEASE READ CAREFULLY. This "Terms and Conditions of Use" Agreement applies to the use of the HT MART web site located at http://www.htmart.com (the "Site").
Agreement to Terms and Conditions / Return Policy is mandatory for all orders regardless if they originated by internet, email, fax, phone, postal mail or courier. By placing an order with HT Mart, you have acknowledged that you have read, understood and agree to our full Terms and Conditions, as set forth on our web site.
Check back to review our Legal Notices which also govern your visit to the HT MART web site.
Consent to Collection and Use of Your Personal Information:
You must disclose certain personally identifiable information in order to use, register and make purchases on the HT MART web site.
Consent to Communication with you Via Email:
By registering a user account with HT MART, and every time your make a purchase at our Site, you grant permission for HT MART to contact you at the email address you provide. You always have the option to opt-in or opt-out of receiving future marketing communications from HT MART. To opt-in or opt-out, please follow the directions on the bottom of a marketing email.
Site Usage by Children:
HT MART is a general audience site and is intended to be used by adult visitors who are looking for information, services, or to purchase merchandise. By registering with HT MART and purchasing products from HT MART, you represent that you are 18 years of age or older. If you are under the age of 18, you must ask your parent or legal guardian to facilitate the order. Every time you purchase a product(s) on the HT MART web site, you are representing to HT MART that you are either 18 years of age or older or you have the express permission of a parent or legal guardian.
All payments must be made via Visa, M/C, Discover Card, American Express and all methods currently accepted by PayPal, such as a direct withdrawal from your PayPal linked bank account. HT MART issued Gift Certificates are also accepted. All orders must be paid in full before they are shipped. We are not able to accept cash, money orders, nor do we accept C.O.D. orders. Official U.S. based businesses and government institutions also have the option to pay by Business Check or Cashier's (Bank) Check with prior approval. Check payments may take anywhere from 5 - 10 business days for the bank to clear before the order can be processed. Payments submitted for products that are out-of-stock or on Backorder... these products will automatically be shipped when new stock arrives and are therefore considered "Delayed Presentment". If the product is not in-stock and you do not want to wait, you may cancel that part of your order or your full order, anytime before new stock arrives. Payments for Personalized items, or items custom-made to your specifications, such as, but not limited to, cinema signs, home theater seating and home theater carpet, will be billed up-front before any custom work can be performed. Therefore, there will be a "Delayed Presentment" of product goods in these instances. Your card issuer agreement governs your use of your designated card and you must refer to that agreement and not this Terms and Conditions of User to determine your rights and liabilities as a cardholder. You, and not HT MART, are responsible for paying and/or disputing any unauthorized amounts billed to your credit card by a third-party.
Validating Your Order:
Once an order has been placed on the HT MART web site, we will check the information for validity by verifying your method of payment and/or shipping address, along with any other identifying information that may be available to us. We reserve the right to reject any order and to limit quantities on any order, without giving any reason. If we reject your order we will attempt to notify you at the contact email address you provided. Your credit card will normally not be charged for an order we have rejected, but if a charge has been made against your card, we will issue a refund.
Order Acceptance and Sales Contract:
When you click the "SUBMIT" Order Button, and the order is successfully validated, we will send you an automated email notification for receipt of your order. Your receipt of an electronic order notification does not signify acceptance of your order, nor does it constitute confirmation of our offer to sell. Your contract to purchase a product or products will not be complete until we send you an additional email notifying you that either: (1) the product(s) have been shipped (for non-custom orders), or (2) that the product(s) have entered production (for custom orders). If the Billing and Shipping addresses are different, HT MART reserves the right to take additional steps to verify the order via email, phone, physical address, and/or IP address. If HT MART's attempts to verify the order are unsuccessful, the order will be cancelled. HT MART reserves the right to accept or decline your order for any reason at any time.
You are responsible for carefully reading the full product description for each product you are ordering. You must also carefully read and choose any Product Options that are available. A copy of your order notification receipt will be emailed to you soon after placing your order. It is your responsibility to check your order notification receipt carefully for any errors, especially with regards to product description(s), customization, personalization, order quantity, and shipping address. If you detect any errors, please contact HT MART immediately. This is especially important with regards to phone orders, for you to closely examine the order notification receipt that you receive via email for any typos and order entry errors. If you do not provide an email address for a phone order, you will assume all liability for any mistakes with your order. If you fail to contact HT MART immediately, and your order has already entered production for customization/personalization, or has already been shipped, it may not be changed or cancelled. If you place an order and do not receive an email from HT MART, your business, educational institution, internet service provider, or email provider may be blocking our incoming email via a firewall, or routing our email into a Spam or Junk mail folder. Please check your Spam and Junk mail folders, and if you still unable to locate our email, then contact HT MART and provide us with an alternate email address.
HT MART reserves the right to "limit quantities" by canceling quantities or by supplying less than the quantity you ordered for an item, at any time and without prior notice to you. HT MART is a reseller to end users and reserves the right to limit or decline sales to other resellers, dealers, exporters, wholesalers or any other customers who purchase with the intent of resell, unless we have given you written consent. All orders on this Site are subject to product availability and product inventories are subject to change at any time without notice. HT MART reserves the right to cancel any order, at any time, for any reason.
Site Errors or Omissions:
HT MART shall not be held liable for any inaccuracies or typographical errors or data entry errors or omissions in pricing, product listings or other information found on this web site, or in communications from HT MART. If you suspect a pricing mistake, please contact HT MART for pricing confirmation before placing an order. We reserve the right to make changes to product and services prices, quantities, descriptions, photos, information, and availability at any time without notice. Product information is obtained from wholesalers and manufacturers and may be changed by the product supplier or manufacturer at any time without our knowledge. This includes, but is not limited to, product technical specifications and product photos. Therefore, a product may vary slightly from the product description or photo. HT MART will do its best effort to keep this information up-to-date, but makes no guarantee that it is up-to-date. HT MART is not responsible for product claims made by the manufacturer. HT MART will use its best efforts to eliminate any data entry errors. However, inaccuracies due to human input may cause a small number of products to be mis-priced. If an item's correct price is higher than our displayed price, HT MART, at our discretion, will either contact the customer about the inaccuracies and offer an amicable solution, or will cancel the order with a notification sent to the customer. HT MART shall have the right to refuse or cancel any such orders, whether or not the order has been completed and your credit card charged. If your credit card has been charged and the order is cancelled, HT MART will issue a credit to your credit card account.
Changes to Prices, Inventories, Descriptions, Payment Methods and Billing Terms:
HT MART reserves the right to change, at any time, it's product and services prices, product inventories (i.e. quantities), product descriptions, payment methods and billing terms for products or services sold. Products and Services may be added, removed, or modified at any time. Low product inventories (i.e. stock quantity on-hand) may not be 100% accurate, please call if you need the verify the current inventory of a product(s).
Product and Service Prices:
The product "Market Price" or "List Price" may be different from the actual retail prices in your area. We sell merchandise over the Internet on a national basis and therefore it is not possible to know if our products are sold at our market/list price in your particular location and/or particular time. You may do your own comparative shopping to compare prices on products before making a purchase. "Our price" may be the starting price of a product if it has product options available at additional cost. Published prices do not include shipping, sales tax and insurance.
Sales Tax Policy:
Sales tax is added to all orders shipped to addresses within the state of California (CA). If required state and local taxes are not added correctly to your order due to a software glitch or oversight, there may be a need to add tax to your order after it is placed. If this happens, HT MART will contact you prior to fulfilling your order.
Each unique Gift Cert ID may be used only 1 time, even if the amount is not totally used up the first time during an order.
Special time-sensitive Upgrade Links we send you may be changed for another customer’s upgrade option after the specified upgrade time-period has ended. These new upgrade links are completely independent of the upgrade offer we sent you. If your upgrade link has expired or changed, you may contact HT Mart to re-issue an upgrade link.
Promotional Codes and Discount Coupons:
Only one promotional code or discount coupon may be used per order. Promotional codes and discount coupons are not valid on previous purchases. Promotional codes and discount coupons may not be combined and have no cash value. Promotional codes and discount coupons have expiration dates that must be followed. Other conditional use factors such as a minimum purchase amount or purchase from a specific product category must be adhered to. Promotional codes and discount coupons are not always available.
Links to Third-Party Sites:
The HT MART web site may contain links to other web sites operated by third-parties. These links are available for your convenience and HT MART does not endorse, warrant or make any representation about the content, quality, functionality, security or accuracy of these third-party web sites. A link to a third-party web site on the HT MART web site does not constitute sponsorship, endorsement, approval or any responsibility for any products, services or content on a third-party web site.
Manufacturer Rebates and Warranties:
HT MART does not warrant other manufacturer's products sold on our web site. HT MART is not responsible for manufacturer defects. If your product has a manufacturer defect, please contact the manufacturer and follow the instructions of your manufacturer's warranty policy (typically found on the manufacturer's warranty card). Compliance with warranties, rebates and other promotional programs are the sole responsibility of the customer and are subject to the terms specified by the manufacturer. Consumer complaints with such warranties, rebates and other promotional programs must be filed directly with the manufacturer and shall not involve HT MART.
You agree to indemnify and hold harmless HT MART and its parents, subsidiaries, affiliates, service providers or their respective owners, officers, directors, employees, representatives, agents, contractors, designers, distributors, merchants, licensors, sponsors, suppliers, other end users, or the like (collectively, "HT MART Parties") from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms and Conditions of Use, or your violation of any law, regulation or third-party right.
Disclaimer and Limitation of Liability:
This Site operates "As-Is" and "As-Available", without liability of any kind. We are not responsible for events beyond our direct control. Neither HT MART, its parents, subsidiaries or affiliates, service providers, or their respective owners, officers, directors, employees, representatives, agents, contractors, designers, distributors, merchants, licensors, sponsors, suppliers, other end users, or the like (collectively, "HT MART Parties") warrant that use of the HT MART web site will be uninterrupted or error-free. Neither HT MART nor its Associates warrant the accuracy, integrity or completeness of the content provided on the HT MART web site or the products or services offered for sale on the HT MART web site. Under no circumstances shall HT MART or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the HT MART web site, including but not limited to reliance by you on any information obtained from the HT MART web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to HT MART records, programs or services. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of HT MART has been advised of or should have knowledge of the possibility of such damages. Furthermore, HT MART makes no representation that content provided on the HT MART web site is applicable to, or appropriate for use in, locations outside of the United States. HT MART and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by HT MART or its Associates shall create a warranty. You expressly agree that the use of the Site is at your sole risk. User hereby acknowledges that this Limitation of Liability shall apply to all content, products and services available throughout the HT MART web site. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not be applicable to you, in such states liability is limited to the fullest extent permitted by law.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE REMAINS WITH YOU. IN NO EVENT SHALL HT MART, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, DESIGNERS, DISTRIBUTORS, MERCHANTS, LICENSORS, SPONSORS, SUPPLIERS, OTHER END USERS, OR THE LIKE (COLLECTIVELY, "HT MART PARTIES") BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT, OR OTHER SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE, OR PROFITS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE) ARISING OUT OF THIS TERMS AND CONDITIONS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND CONTENT, WITH THE DELAY OR INABILITY TO USE THE HT MART SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, MEDIA, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HT MART SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF HT MART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS AND CONDITIONS OF USE OR POSTED ON THE HT MART WEB SITE, YOU AGREE THAT THE HT MART PARTIES MAXIMUM LIABILITY ARISING FROM ANY PRODUCT SOLD BY HT MART SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT ACTUALLY PAID TO HT MART BY THE END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF HT MART. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS AND CONDITIONS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT.
Manufacturer's product images, logos, or trademarks are copyrighted by their respective owners. The HT MART logos and site design are the property of their respective owners and may not be reproduced, copied or manipulated in any manner without the express, written approval of the site owner.
Termination of Use:
HT MART may, at our sole discretion, terminate your user account. You are personally liable for any orders that you place or charges that you incur prior to user account termination. In addition, we reserve the right to cancel or refuse an order from any customer at our sole discretion. HT MART reserves the right to modify, suspend, or discontinue any and all aspects of the HT MART web site at any time without prior notice.
By using the HT MART web site you agree to be bound by these Terms and Conditions of Use and by any revisions, if applicable.
This site and its contents, unless specifically noted, are copyright HT MART © 2005 - 2014. Unauthorized use of site content is prohibited. All rights reserved.
Please read through our Help Zone or contact us with any other questions you may have regarding our policies.
** HT MART Terms and Conditions last updated on August 21, 2013 **