Acceptance of Terms of Service
These Terms form a legally binding agreement between you and Warm Winds Ltd. (“Warm Winds”, “we”, or “us”). Please read these Terms carefully as they contain important information about your legal rights regarding Warm Winds.
Your access and use of the website and any feature, tool or part thereof, is subject to these Terms. Any time you visit the website, register for an Account on the website, purchase any product from us, or enter into any transaction with us whatsoever, you expressly acknowledge and agree to be bound in entirety by these Terms. If you do not agree to be bound by these Terms, you must not access the website.
We may amend these Terms at our sole discretion and at any time. We may not post a notice on the website when such change occurs. Your continued use of the website indicates your acceptance of the modified Terms.
By choosing to access the website, you represent and warrant that you are of sufficient legal age or otherwise have legal capacity to enter into these Terms, or that you are of sufficient legal age or otherwise have legal capacity to enter into these Terms and you have given us your consent to allow any of your minor dependents to use this website.
During the use of the website and to order any product or service displayed on the website, you may be required to create an account (“Account”).
You may only create one user I.D. that will be associated with your Account. You may not: (a) select as your user I.D. a name of another person with the intent to impersonate that person; (b) select as your user I.D. a name that is offensive, vulgar, or obscene; and (c) use as user I.D. any name, which is subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion.
When you create and activate your Account make sure that all the personal information, such as your name, email address and other details that you are required to provide (“Account Information”) are true, accurate, current, and complete. In the event you fail to maintain and promptly update the Account Information to keep it accurate, current, and complete, we reserve the right to suspend or terminate your Account and refuse your use of the website, including, but not limited to, sales resulting from the website.
You agree to keep your Account Information and password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account. We are not liable for any loss or damage arising from any kind of unauthorized activity that takes place under your Account.
Limited License and use of Website
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access the website and its content and to use the website to order any products or services for your personal and non-commercial use.
In accessing and using the website, you agree and acknowledge that you will:
- comply with applicable laws and regulations relating to access and use of the website;
- not attempt to alter or modify any part of the website;
- not use the website in any way that may damage, disable, overburden, or impair the website or interfere with any other person’s use or enjoyment of the website;
- not disassemble, decompile, or reverse engineer the website, or, in any way, adapt or modify the website, or create any derivative works therefrom;
- not circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the website or Materials;
- not conduct vulnerability tests or scans on the website;
- not rent, sublease, sublicense, market or otherwise distribute the website (in whole or in part) to any third person;
- not harass anyone in any manner or form on or using the website, including via email, chat or by using obscene or abusive language;
- not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law;
- not use the website to solicit business for any other website, service or entity or contact other users for a purpose unrelated to use of the website as per the Terms;
- not alter or remove, visually or otherwise, any trade or proprietary marks, logos or rights owned by us;
- not register an alternate Account in the event your access to the website has been suspended or terminated by us; and
- not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
Online Order and Order Confirmation
By submitting an online order, you make an offer to purchase products or services from us. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell.
Limitation on Quantity
We are entitled to set limitations on the quantity of products or services that you may order at a time. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under same Account, the same credit or debit card, and/or orders that use the same billing or shipping address.
All prices are subject to change without notice and must be paid without setoff or deduction in accordance with these Terms.
We accept the payment methods as indicated on the website. By submitting your order you represent and warrant that you are authorized to use the chosen payment method and that you authorize us to charge the price of the relevant order to the chosen payment method.
You agree to keep the payment method current until your order is complete and quickly resolve any issues that may arise while we process your order. We may suspend or cancel your order without notice if the payment method cannot be verified, is invalid or otherwise unacceptable.
We are entitled to charge you:
- an additional charge depending on the payment method you choose;
- any cost which we pay to recover any amount owed to us by you, including without limitation any legal fees and debt collection charges; and
- any bank or merchant fees, or commissions charged to us because of any issue with your payment method, together with additional administration fee to process such issues. All such charges must be paid to us on demand.
We have made efforts so that the website displays the dimensions and colors of the products as accurately as possible. However, the colors you see in our products will depend on your monitor. We cannot guarantee that your monitor's display of any colors will be accurate.
We do not warrant that the information on the website, including any product descriptions mentioned thereupon is accurate, complete, reliable, current, or error-free. We undertake no obligation to correct any errors, inaccuracies, or omissions in the information on the website, or to change or update any information on the website. No specified update or refresh date mentioned on the website, should be taken to indicate that the information on the website is accurate, complete, reliable, current, or error-free.
The information on the website should not be relied upon or used as the sole basis for making decisions, without consulting alternate sources of information. If a product offered by the website is not as described, your sole remedy is to return the product in accordance with our Returns Policy.
Correction of Inaccuracies and Errors
In the event that any product or service is mistakenly listed at an incorrect price on the website, we reserve the right to refuse or cancel any order placed for the product or service listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, we shall issue a credit to your payment method in the amount of the incorrect price.
All products are subject to availability and all orders will be executed at your sole risk.
Change or Cancellation of Order
- We reserve the right at any time after receipt of your order, including after you receive an order confirmation, to decline or cancel your order for any reason.
We may reduce the products ordered by you without notice, amongst others, for any of the following reasons, or for no reason:
- the product is no longer available; or
- there was difficulty in processing payment information; or
- delivery to the address was not possible.
- Any order for products may be cancelled by you at any time prior to their dispatch, but not thereafter.
- Upon cancellation of your order or reduction in products ordered by you, any price paid in advance for such products will be refunded via your original payment method.
Special Pricing and Offers
All special pricing will begin and end on the date and at the time specified with the applicable offer. Please read the specific terms for the applicable offer to understand what restrictions or limitations may apply on your purchase of eligible products. In case of any inconsistency between such specific terms and these Terms, the specific terms and conditions will prevail. Any offer for any product or service made on this website is void where prohibited.
For certain promotions, campaigns or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion, or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion, or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Discontinuation of Products and Services
We reserve the right to suspend or discontinue the sale of any product or service, without notice at any time.
Use of the Products and Services
You agree that you will not use our products and services for an illegal or unauthorized purpose.
Shipment of Products
For more information about shipment of your products, please refer to our Shipping Policy. The Shipping Policy is incorporated into these Terms by reference.
To know about product returns, please refer to our Returns Policy. The Returns Policy is incorporated into these Terms by reference.
Intellectual Property Rights
All right, title and interest in and to the website, and all of the content on the website, including but not limited to, the text, graphics, code, designs, images, photographs, video clips and other materials thereon whether registered or not (collectively the “Materials”) and the trademarks, service marks, and logos contained on the website are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
You acknowledge and agree that you have not been granted or vested with any right, license, or ownership in or to any part of the Materials. Nothing in these Terms shall be construed to confer upon you any right to use any part of the Materials, whether by estoppel, implication, or otherwise.
You acknowledge and agree that no part of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way without our prior written permission. You may also not alter, modify, or create derivative works from any part of the Materials without our prior written permission.
You acknowledge and agree that any breach by you of your obligations regarding the Materials will cause irreparable harm to us or the third party licensor thereof for which there is no adequate remedy at law. Therefore in the event of any breach or threatened breach of your obligation regarding Materials, such third party licensor or we will be entitled to seek immediate injunctive relief in addition to the other remedies available under these Terms or under applicable law.
Third Party Sites
You acknowledge and agree that when you access a third party website available via a link contained on the website:
- you do so at your own risk and that to the fullest extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of such third party website; and
- we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third party website.
We are not liable for any damage, harm, or liability related to the purchase or use of products, services, or any other transactions made through any third party websites or their content. Any queries, concerns, or complaints regarding third party products or services should be directed to the third party.
Third Party Tools
We may provide you with access to third party tools which we neither control nor do we endorse their use. You acknowledge and agree that we provide access to such third party tools “as is” and “as available” without any warranties, representations or conditions of any kind.
You acknowledge and agree that you will ensure that you are familiar with the tools and approve of the terms on which the third party tools are provided by the relevant third party providers, before using such tools.
When you use any third party tools offered through the website you do so at your own risk and that to the fullest extent permitted by applicable law, we will not be liable for any loss, damage or harm suffered by you or any other person as a result of or in connection with your access or use of such third party tools.
Disclaimer and Limitation of Liability
THE WEBSITE IS OPERATED BY US ON AN “AS IS” AND “AS AVAILABLE BASIS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OR GUARANTEE AS TO CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT YOU WILL NOT HAVE DISRUPTION OR OTHER DIFFICULTIES IN USING THE WEBSITE.
YOU USE THE WEBSITE AT YOUR OWN RISK. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INACCURACY, ERROR OR OMISSION IN ANY MATERIALS OR INFORMATION CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRNTIES OF ANY KIND ABOUT THE PRODUCTS AND SERVICES ON THE WEBSITE, INCLUDING THEIR SUITABILITY FOR ANY PURPOSE.
ALL SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT IN RESPECT OF SUCH PRODUCTS AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT AND WILL NOT ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES OF ANY KIND ARISING UNDER THESE TERMS, OR OUT OF YOUR USE OF, OR DELAY OR INABILITY TO USE THE WEBSITE, OR THE MATERIALS ON THE WEBSITE, OR RELATED TO THE PURCHASE OF PRODUCTS AND SERVICES FROM OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR LOSSES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, OUR LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO SUCH CLAIM. OUR LIABILITY IS EXCLUDED TO THE EXTENT THAT YOU CONTRIBUTED TO THE LIABILITY AND IS ALWAYS SUBJECT TO YOUR DUTY TO MITIGATE YOUR LOSS.
IN THE EVENT THAT WE TERMINATE THE WEBSITE OR YOUR ACCESS TO THE WEBSITE PURSUANT TO THESE TERMS, YOU RELEASE US FROM ALL LOSS, DAMAGES OR LIABILITIES SUFFERED BY YOU AS RESULT OF OR ARISING OUT OF SUCH TERMINATION.
ALL OF THE ABOVE PROVISIONS ARE CUMULATIVE TO ONE ANOTHER.
Release and Indemnity
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless us, our officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (a) your use of, or inability to use, the website; (b) your User Submissions; (c) your violation of these Terms or any applicable law; (d) any matter for which we have purported to disclaim liability under these Terms; (e) reduction or cancellation of your order, howsoever caused; (f) any activity carried out under your Account by you or any third party accessing your Account; and (g) any defect in the products or services or their use or the repair, or storage of any product.
We reserve the right to monitor areas of the website electronically and may, in our sole discretion, use and/or disclose any data or communication of any kind.
We may alter, suspend, or discontinue this website in whole or in part, at any time and for any reason, without notice or cost.
From time to time, we may run promotions intended to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from us by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.
We may suspend your Account and your accessibility to all or part of the website, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third party or us.
We reserve the right to deny your purchase of any product if it is apparent that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by you to protect us to these ends.
These Terms are effective until terminated by either party with no prior written notice. If you no longer agree to these Terms, you must stop your use of and visit to the website. We, may in our sole discretion, including if you fail, or we suspect that you have failed to comply with any term or provision of these Terms, terminate your access to the website and any current order without prior notice. You acknowledge and agree that we may in such case immediately deactivate or delete your Account and all related information and files in your Account and bar any further access to such files or our website. Further, you agree that we shall not be liable to you or any third party for any termination of your access to our website.
Consequences of termination: You acknowledge and agree that termination of your agreement, any current order or your access to the website does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
Ownership of User Submissions: You may be able to submit feedback, comments, suggestions, ideas, materials, notes, drawings and other content to the website, including uploading photographs (collectively, “User Submissions”). You are entirely responsible for the content of, and any harm resulting from, any User Submissions that you provide on or through the website. When you create or make available User Submissions on or through the website, you represent and warrant that: (a) you own or have sufficient rights to provide your User Submissions on or through the website; and (b) have fully complied with any third party licenses relating to User Submissions and shall pay all royalties, fees and any other monies required to be paid in connection with User Submissions that you provide on or through the Website. We do not claim any ownership rights in the User Submissions that you post on or through the website. You continue to retain any rights you may have in your User Submissions, including any intellectual property rights or other proprietary rights associated with your User Submissions, subject to the license you grant to us below.
Grant of license for User Submissions: By making User Submissions, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sub licensable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market and distribute the User Submissions in connection with the website, our business, or the promotion of the website or our business in any media formats and through any media channels now known or subsequently created.
Rules governing User Submissions: You agree that you shall be solely responsible for your User Submissions and the consequences of posting or publishing them. You represent and warrant that no User Submissions submitted by you will: (a) encourage, incite, promote or threaten immediate physical harm against another; (b) promote bigotry, racism, sexism, religious intolerance or hate against any group or individual; (c) solicit personal information from anyone under the age of 13 or exploit anyone in a violent or sexual manner; (d) contain material which are fraudulent, deceptive, misleading, inaccurate, inappropriate, offensive, vulgar, pornographic, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise unacceptable to us in our sole discretion; (e) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s); (f) contain advertisements or solicit any person to buy or sell products or services; or (g) install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another person.
Our obligations towards User Submissions: You agree that we are under no legal obligation to: (a) keep the User Submissions in confidence; or (b) to read, act on or respond to any User Submissions.
Our responsibility for User Submissions: You agree that we do not and cannot review all User Submissions and are not in any manner responsible for the content of the User Submissions. You acknowledge that we do not endorse any User Submissions posted on the website or warrant that any User Submissions posted on the website will remain there for any length of time. You further acknowledge that by providing you with the ability to view and distribute User Submissions on the website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any User Submissions. However, we reserve the right to block or remove any User Submissions that we, in our sole discretion, determine to be in contravention of the rules stated in clause.
Delivery Notes: You agree that our delivery notes will be deemed proof of delivery to you of the products described in the delivery note. In the event of a dispute as to the number of products sold and delivered or their value, the onus of proving that the products were not delivered and/or the quantity and price thereof is not in accordance with our invoices will be upon you.
US based Website: The website is controlled and operated by Warm Winds Ltd from its office in the State of Rhode Island. We do not make any representation that the products, services or any Materials are available or appropriate for use in your location and would require you to make independent judgment thereof.
Unexpected Events: We are not liable for any failure to complete any order if the failure (directly or indirectly) arises out of circumstances which are not within our reasonable control such as pandemics, epidemics, failure of usual modes of product delivery, national health emergencies, total or partial lockdowns, strikes, lock outs, failure of usual sources of supply of products, civil commotion, acts of terrorism, commercial exigencies, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government agency or instrumentality that adversely impacts us or our operations. If such circumstances occur, we may delay or suspend delivery of products or provision of services, without any cost to us. In such an event, we may with your consent cancel the order and at our sole discretion, issue a credit, or refund any moneys paid in advance, after which you will have no further claim on the products, services or against us. If the order is not so cancelled, we will complete delivery or provide the services as soon as reasonably practicable.
Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision of these Terms. Any waiver of any provision of these Terms by us can only be done expressly in writing. No breach of any provision of these Terms by you will be waived except with our prior written consent.
Payments: All payments to be made by you must be free and clear, without any set-off, counter claim, or condition.
Notices: Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on any working day (any day other than Saturday, Sunday or public holiday) in which case they are deemed to be received on the next working day. Any notice will be delivered to you by means of an e-mail, a general notice on the website, or by other reliable method to the address you have provided to us. Any notice to us must be sent to [email protected]
No modifications by our Employees: If any of our employees offers to modify the terms of these Terms, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Assignment: You must not assign, sublicense, or otherwise deal in any other way with any of your rights under these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you.
Severability: If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Choice of Law and Jurisdiction: You agree that any cause of action or claim directly or indirectly arising out of or relating to our website or the products or services provided through our website must be commenced within one (1) year from the date on which such cause of action or claim first arose. You agree that all such cause of actions and claims shall be governed by the laws of the State of Rhode Island, notwithstanding conflict of law provisions and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the state of Rhode Island and irrevocably agree that all such claims and cause of actions shall be heard in such court. You hereby waive any objection to the laying of venue or based on the grounds of forum non-convenience which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction.
Copyright Infringement:Notice and Take down Procedures: If you judge that any materials on this website infringe your copyright, you may request that they be removed. This request be made under the signature of the copyright holder or an authorized representative and must : (a) identify the allegedly infringing materials; (b) indicate where on the website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright matters relating to the website is: Warm Winds, LTD., 26 Kingstown Road, Narragansett, RI 02882 and our email id is: [email protected].
Entire Agreement: The contents of these Terms constitute the entire agreement between you and us and supersede any prior negotiations, representations, understandings, or arrangements made between you and us regarding the subject matter of these Terms, whether orally or in writing. Neither the course of conduct between you and us nor trade practice shall act to modify any of these Terms.
Survival: Upon termination of these Terms, all of the provisions of these Terms will cease to have effect, except for clauses 6 (Intellectual Property Rights), 9 (Disclaimer and Limitation of Liability), 10 (Release and Indemnity), 13 (User Submissions) and 14 (Miscellaneous), all of which shall survive any termination and continue to have effect.