These terms of use set forth the basis on which you are permitted to access and use this website, vanhawke.com

TERMS AND CONDITIONS OF USE AND TERMS AND CONDITIONS OF SALE FOR THE VANHAWKE.COM WEBSITE UPDATED AS OF 21 MAY 2024

A. GENERAL TERMS

BY USING THE VANHAWKE.COM WEBSITE (THE “WEBSITE”) OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS INCLUDED BELOW AND THE DOCUMENTS REFERRED TO WITHIN THEM, AS THE TERMS AND CONDITIONS FOR THE USE (“USE TERMS”), THE TERMS AND CONDITIONS OF SALE (“SALE TERMS”), AND ADDITIONAL TERMS, TOGETHER WITH THE PRIVACY POLICY, GOVERN YOUR (“CUSTOMER,” “YOU,” “YOUR,” OR SIMILAR TERMS) USE OF THE WEBSITE AND ANY PURCHASES THAT YOU MAKE OR ATTEMPT TO MAKE. THESE TERMS DO NOT APPLY TO USE OF OR PURCHASES MADE ON OTHER VAN HAWKE WEBSITES.

THE VANHAWKE.COM WEBSITE IS OPERATED BY VAN HAWKE LIMITED (“VAN HAWKE,” “WE,” “US” AND SIMILAR TERMS), A COMPANY REGISTERED IN ENGLAND (COMPANY REGISTRATION NUMBER 12680792), WITH REGISTERED OFFICES AT 43 BERKELEY SQUARE, LONDON, W1J 5AP, UNITED KINGDOM (VAT NUMBER 434055419).

QUESTIONS CONCERNING PAYMENTS OR ORDERS ON THE WEBSITE CAN BE ADDRESSED AT ASSISTANCE@VANHAWKE.COM.

YOU CAN VIEW THE MOST CURRENT VERSION OF THE USE TERMS, SALE TERMS, ADDITIONAL TERMS, AND PRIVACY POLICY AT ANY TIME BY CLICKING WWW.VANHAWKE.COM/TERMS-CONDITIONS BY CONTINUING TO USE THE WEBSITE AFTER ANY UPDATE YOU ACCEPT AND AGREE TO BE BOUND BY, AND CONSENT TO, THE CURRENT TERMS INCLUDING ANY CHANGES.

IF YOU DO NOT AGREE TO THESE TERMS PLEASE EXIT AND DO NOT USE THE WEBSITE.

PLEASE REVIEW OUR PRIVACY POLICY AT WWW.VANHAWKE.COM/PRIVACY-POLICY, WHICH GOVERNS HOW WE PROCESS YOUR PERSONAL INFORMATION.

B. TERMS AND CONDITIONS FOR THE USE OF THE VANHAWKE.COM WEBSITE

(1) GENERAL

ALL USE OF THE VANHAWKE.COM WEBSITE IS SUBJECT TO THESE USE TERMS. BY USING THE VANHAWKE.COM WEBSITE YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE USE TERMS. WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. BY CONTINUING TO USE THE WEBSITE AFTER ANY UPDATE, YOU ACCEPT AND AGREE TO BE BOUND BY, AND CONSENT TO, THE CURRENT TERMS INCLUDING ANY CHANGES.

(2) PRIVACY

(A) PRIVACY POLICY.  THE WWW.VANHAWKE.COM/PRIVACY-POLICY GOVERNS THE USE OF ANY PERSONAL INFORMATION THAT YOU PROVIDE TO VAN HAWKE ON THIS WEBSITE OR IS OTHERWISE COLLECTED THROUGH YOUR USE OF THE WEBSITE. WE PROCESS YOUR PERSONAL INFORMATION IN COMPLIANCE WITH THE LAWS OF ENGLAND AND WALES.

(B) NOT INTENDED FOR MINORS. THE VANHAWKE.COM WEBSITE IS NOT INTENDED FOR THOSE UNDER 18. BY USING THE WEBSITE YOU AGREE YOU ARE 18 YEARS OF AGE OR OLDER. FURTHERMORE, WE DO NOT KNOWINGLY COLLECT OR SOLICIT PERSONAL INFORMATION FROM THOSE UNDER 18 (INCLUDING THOSE UNDER THE AGE OF 13) OR KNOWINGLY ALLOW SUCH PERSONS TO REGISTER FOR AN ONLINE ACCOUNT OR TO POST PERSONAL INFORMATION ON OUR WEBSITES.

(3) INTELLECTUAL PROPERTY

(A) OWNERSHIP. THE VANHAWKE.COM WEBSITE AND MATERIAL ON THE VANHAWKE.COM WEBSITE (INCLUDING ALL INTELLECTUAL PROPERTY OF ANY NATURE, WHETHER REGISTERED OR UNREGISTERED, INCLUDING DRAWINGS, DESIGNS, ILLUSTRATIONS, PHOTOGRAPHS, VIDEOS, SOUND TRACKS, LOOK, FEEL AND GET UP, WRITTEN TEXT, LOGOS, TRADEMARKS) ARE THE EXCLUSIVE PROPERTY OF VAN HAWKE AND ITS AFFILIATES AND SUBSIDIARIES. YOU MAY NOT REPRODUCE BY ANY MEANS OR PROCESS (EXCEPT AS EXPRESSLY PROVIDED HEREIN), IN WHOLE OR IN PART, DISTRIBUTE, PUBLISH, TRANSMIT, CREATE DERIVATIVE WORKS BASED ON, MODIFY, OR SELL ANY MATERIAL CONTAINED ON THE VANHAWKE.COM WEBSITE.

THE VAN HAWKE TRADEMARK AND ALL OTHER VAN HAWKE RELATED MARKS AND LOGOS, WHETHER REGISTERED OR NOT REGISTERED, DISPLAYED ON THE VANHAWKE.COM WEBSITE, AS WELL AS THE DOMAIN NAME " VANHAWKE.COM," ARE AND WILL REMAIN THE EXCLUSIVE PROPERTY OF VAN HAWKE. ANY REPRODUCTION, DISTRIBUTION, TRANSMISSION, MODIFICATION, OR USE OF ANY VAN HAWKE TRADEMARK FOR ANY PURPOSE IS PROHIBITED.

(B) PROPRIETARY MARKINGS. YOU MAY NOT REMOVE ANY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY NOTICE CONTAINED ON THE VANHAWKE.COM WEBSITE OR ANY CONTENT CONTAINED THEREIN.

(C) FEEDBACK. YOU AGREE THAT ANY AND ALL FEEDBACK, REVIEWS, SUGGESTIONS, DESIGNS, CONCEPTS, PHOTOGRAPHS, TESTIMONIALS, AND OTHER ITEMS OR MATERIALS (EXCEPT FOR YOUR PERSONAL INFORMATION) DISCLOSED OR SUBMITTED TO VAN HAWKE THROUGH THIS WEBSITE OR BY OTHER MEANS ("SUBMISSIONS") ARE NEITHER CONFIDENTIAL NOR PROPRIETARY TO YOU AND MAY BE USED BY VAN HAWKE WITHOUT RESTRICTION OR COMPENSATION. BY MAKING A SUBMISSION TO VAN HAWKE, YOU GRANT TO VAN HAWKE UNDER ALL RIGHT, TITLE AND INTEREST, INCLUDING COPYRIGHTS, IN THE SUBMISSION AND A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, AND FULLY SUBLICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, DISPLAY AND OTHERWISE FULLY EXPLOIT SUCH SUBMISSIONS. VAN HAWKE HAS NO OBLIGATION (I) TO KEEP ANY SUBMISSION CONFIDENTIAL; (II) TO PAY YOU OR ANYONE ANY COMPENSATION FOR ANY SUBMISSION OR FOR USING A SUBMISSION; (III) TO CONTINUE USING ANY SUBMISSION; OR (IV) TO RESPOND TO OR ACKNOWLEDGE ANY SUBMISSION. YOU REPRESENT AND WARRANT THAT NO SUBMISSION YOU MAKE WILL VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHT. BY MAKING A SUBMISSION, YOU AGREE THAT VAN HAWKE HAS THE RIGHT (BUT NOT THE OBLIGATION) TO COPY, PUBLISH, DISTRIBUTE, OR USE SUCH SUBMISSION FOR ANY PURPOSE AND FOR ANY DURATION, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, PROMOTIONAL, PRODUCT DEVELOPMENT OR OTHER COMMERCIAL PURPOSES, WITHOUT COMPENSATION TO YOU OR TO ANY OTHER PERSON. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSION YOU MAKE.

(4) LINKING

(A) LINKS TO THIRD PARTY SITES. THE VANHAWKE.COM WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES NOT UNDER THE OPERATION OR CONTROL OF VAN HAWKE. ALL SUCH LINKS ARE PROVIDED AS A CONVENIENCE ONLY AND ARE NOT, AND SHOULD NOT BE INTERPRETED AS, AN EXPRESS OR IMPLIED ENDORSEMENT OF SUCH THIRD-PARTY WEBSITES OR ANY PRODUCTS OR SERVICES THAT MAY BE OFFERED THEREON. VAN HAWKE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE CONTENT, AVAILABILITY, OR OTHERWISE IN CONNECTION WITH SUCH THIRD-PARTY WEBSITES. ANY QUESTIONS OR CONCERNS ABOUT THIRD PARTY WEBSITES SHOULD BE DIRECTED TO THE OWNERS OR OPERATORS OF SUCH WEBSITES. PLEASE REVIEW THE TERMS AND CONDITIONS THAT MAY BE IMPOSED BY SUCH WEBSITES, AS THEY MAY BE DIFFERENT FROM THESE USE TERMS.

(B) LINKING ONLY WITH AUTHORIZATION. YOU MAY ONLY PROVIDE A LINK (INCLUDING DEEP LINKING) TO THE VANHAWKE.COM WEBSITE IF EXPRESSLY AUTHORIZED IN WRITING BY VAN HAWKE. 

(5) USE RESTRICTIONS

(A) NO SCRAPING. YOU MAY NOT USE ANY AUTOMATIC DEVICE, PROGRAM, OR METHODOLOGY (INCLUDING, WITHOUT LIMITATION, “PAGE-SCRAPE,” “ROBOT,” OR “SPIDER”), OR ANY SIMILAR OR EQUIVALENT MANUAL PROCESS, TO ACCESS, ACQUIRE, COPY, OR MONITOR ANY PORTION OF THE WEBSITE, TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS, DOCUMENTS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE THROUGH THE WEBSITE. VAN HAWKE RESERVES THE RIGHT TO BAR ANY SUCH ACTIVITY.

(B) NO CIRCUMVENTION. YOU MAY NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PORTION OR FEATURE OF THE WEBSITE, OR ANY OTHER SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE BY HACKING, PASSWORD “MINING” OR ANY OTHER ILLEGITIMATE MEANS.

IN ADDITION, YOU MAY NOT PROBE, SCAN OR TEST THE VULNERABILITY OF THE WEBSITE OR ANY NETWORK CONNECTED TO THE WEBSITE, NOR BREACH THE SECURITY OR AUTHENTICATION MEASURES ON THE WEBSITE. YOU MAY NOT REVERSE LOOK-UP, TRACE OR SEEK TO TRACE ANY INFORMATION ON ANY OTHER USER OF OR VISITOR TO THE WEBSITE, OR ANY OTHER CUSTOMER OF VAN HAWKE, OR EXPLOIT THE WEBSITE OR ANY SERVICE OR INFORMATION MADE AVAILABLE OR OFFERED BY OR THROUGH THE WEBSITE, IN ANY WAY WHERE THE PURPOSE IS TO REVEAL ANY INFORMATION, INCLUDING BUT NOT LIMITED TO PERSONAL IDENTIFICATION OR INFORMATION, OTHER THAN YOUR OWN INFORMATION, AS PROVIDED FOR BY THE WEBSITE.

(C) NO INTERFERENCE. YOU AGREE NOT TO USE ANY DEVICE, SOFTWARE OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE OR ANY TRANSACTION BEING CONDUCTED ON THE WEBSITE, OR WITH ANY OTHER PERSON’S USE OF THE WEBSITE.

(D) NO UNLAWFUL USE. YOU MAY NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE USE TERMS, OR TO SOLICIT THE PERFORMANCE OF ANY ILLEGAL ACTIVITY OR OTHER ACTIVITY WHICH INFRINGES THE RIGHTS OF VAN HAWKE OR OTHERS.

(6) DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE VANHAWKE.COM WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VAN HAWKE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VAN HAWKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VAN HAWKE DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT:

(A) THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIAL OR MALICIOUS CODE;

(B) THE INFORMATION CONTAINED ON THE WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE; OR

(C) THE VANHAWKE.COM WEBSITE IS FREE OF DEFECTS OR THAT ANY INACCURACIES OR DEFECTS WILL BE CORRECTED.

BY USING THE WEBSITE, YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT VAN HAWKE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST VAN HAWKE FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.

(7) LIMITATION OF LIABILITIES.

VAN HAWKE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT, OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, PERFORMANCE OF, OR INFORMATION PROVIDED THROUGH THE VANHAWKE.COM WEBSITE, EVEN IF VAN HAWKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, VAN HAWKE SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE TO DELIVER PRODUCTS OR OTHERWISE PERFORM ANY OBLIGATION AS SPECIFIED HEREUNDER IF THE SAME IS WHOLLY OR PARTLY CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE USE TERMS, VAN HAWKE IS 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, VAN HAWKE’S LIABILITY SHALL IN NO EVENT EXCEED GBP 100.00. 

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

C. TERMS AND CONDITIONS OF SALE FOR THE VANHAWKE.COM WEBSITE

THE PURCHASE OR ATTEMPTED PURCHASE BY YOU OF ANY PRODUCTS OFFERED ON THE VANHAWKE.COM WEBSITE IS SUBJECT TO THESE SALE TERMS AND THE SUPPLY OF PRODUCTS WILL BE IN CONFORMITY WITH THIS CONTRACT.

FOR EACH ORDER ON VANHAWKE.COM WEBSITE, YOUR ACCEPTANCE OF THE SALE TERMS IN FORCE AT THE DATE OF THE ORDER WILL BE REQUIRED BEFORE WE PROCESS YOUR ORDER.

(1) PURCHASE – GENERAL TERMS

(A) NOT FOR RESALE. ORDERS MAY ONLY BE PLACED ON THE VANHAWKE.COM WEBSITE FOR PERSONAL USE AND NOT FOR RESALE. ANY RESALE OR DISTRIBUTION OF VAN HAWKE PRODUCTS PURCHASED ON VANHAWKE.COM WEBSITE IS STRICTLY PROHIBITED. 

(B) ORDER VIA WEBSITE. THE VANHAWKE.COM WEBSITE MAY BE USED TO ORDER A SELECTION OF VAN HAWKE PRODUCTS DIRECTLY ONLINE VIA THE INTERNET FROM MOST GLOBAL LOCATIONS.

(C) PHONE ORDERS. YOU MAY ALSO PLACE YOUR ORDER BY TELEPHONE BY DIALLING +44 (0) 207 889 2888 FROM MONDAY TO FRIDAY, 9.30 A.M. TO 5.00 P.M. GMT/BST.

(D) DELIVERY. VAN HAWKE PRODUCTS ORDERED VIA THE VANHAWKE.COM WEBSITE MAY BE DELIVERED GLOBALLY. NOT ALL PRODUCTS MAY BE SHIPPED TO ALL LOCATIONS. IF YOU ATTEMPT TO PURCHASE A PRODUCT THAT CANNOT BE SHIPPED TO YOUR LOCATION CUSTOMER SERVICE WILL CONTACT YOU. PLEASE SEE THE SHIPPING AND DELIVERY SECTION FOR FULL DETAILS.

RIGHT TO CANCEL. VAN HAWKE RESERVES THE RIGHT TO CANCEL ANY ORDER PLACED BY A CUSTOMER IN ITS SOLE DISCRETION AND WITHOUT LIABILITY, INCLUDING WITHOUT LIMITATION, AN ORDER FROM A CUSTOMER WITH WHOM IT HAS A DISPUTE CONCERNING A PRIOR ORDER OR IF VAN HAWKE HAS REASONABLE CAUSE TO SUSPECT THAT SUCH CUSTOMER HAS VIOLATED THESE SALE TERMS OR IS ENGAGED IN ANY FRAUDULENT ACTIVITY. IF YOU WISH TO CANCEL YOUR ORDER, PLEASE EMAIL ASSISTANCE@VANHAWKE.COM AS SOON AS POSSIBLE, AND WE WILL MAKE EVERY EFFORT TO ACCOMMODATE YOUR REQUEST. IN ORDER TO CANCEL AN ORDER THAT HAS ALREADY SHIPPED, PLEASE RETURN YOUR ORDER ONCE RECEIVED IN ACCORDANCE WITH OUR RETURNS POLICY BELOW (“RETURNS AND EXCHANGES OF PURCHASED ITEMS”).

(F) QUANTITY RESTRICTIONS. TO ENSURE THE BEST QUALITY SERVICE AND PRODUCT AVAILABILITY, YOU MAY NOT ORDER ON THE VAN HAWKE WEBSITE MORE THAN SIX (6) ITEMS OF THE SAME SKU NUMBER WITHIN A PERIOD OF THIRTY (30) CALENDAR DAYS. ADDITIONAL RESTRICTIONS MAY APPLY TO CERTAIN PRODUCTS OR CLASSES OF PRODUCTS. IF YOU ATTEMPT TO ORDER MORE PRODUCTS THAN ARE PERMITTED, CUSTOMER SERVICE WILL CONTACT YOU.

(G) AVAILABILITY.  ALL OFFERS OF PRODUCTS AS THEY ARE DISPLAYED ON THE VANHAWKE.COM WEBSITE ARE SUBJECT TO AVAILABILITY. VAN HAWKE RESERVES THE RIGHT TO CHANGE THE ITEMS PROPOSED ON THE VANHAWKE.COM WEBSITE AT ANY TIME AND WITHOUT NOTICE. WE ATTEMPT TO PROVIDE INFORMATION ABOUT THE AVAILABILITY OF PRODUCTS AT THE TIME OF THE ORDERING, BUT AT TIMES ERRORS MAY EXIST, INCLUDING WHEN SIMULTANEOUS ORDERS OF THE SAME PRODUCT ARE BEING PLACED BY SEVERAL CUSTOMERS. ANY COMPLIMENTARY PRODUCTS SUCH AS GIFT WITH PURCHASES ARE AVAILABLE WHILE SUPPLIES LAST. IF A PRODUCT IS NOT AVAILABLE WITHOUT A MATERIAL DELAY AFTER YOU PLACE YOUR ORDER, YOU WILL BE INFORMED BY EMAIL OR BY PHONE, AND YOU WILL BE ALLOWED TO ORDER A SUBSTITUTE ITEM SHOWN ON THE VANHAWKE.COM WEBSITE, OR TO WAIT UNTIL THE PRODUCT IS AVAILABLE, OR TO CANCEL YOUR ORDER. IF YOU CHOOSE TO CANCEL YOUR ORDER, ANY AMOUNTS ALREADY CHARGED WILL BE REFUNDED AND THIS IS OUR ONLY LIABILITY TO YOU IF PRODUCTS ARE NOT IN STOCK OR OTHERWISE NOT AVAILABLE.

(H) AGE. YOU MUST BE 18 YEARS OR OLDER IN ORDER TO MAKE A PURCHASE ON THE VANHAWKE.COM WEBSITE, AND BY MAKING A PURCHASE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. WE DO NOT SELL PRODUCTS OR SERVICES FOR PURCHASE BY CHILDREN, THE WEBSITE IS NOT DIRECTED AT, NOR DO WE KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN, INCLUDING THOSE UNDER THE AGE OF 13.

(I) ACCOUNT. CERTAIN FEATURES OR SERVICES OFFERED ON OR THROUGH THE WEBSITE MAY REQUIRE YOU TO OPEN AN ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE INFORMATION FOR YOUR ACCOUNT, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP THIS INFORMATION SECURE AND CONFIDENTIAL. YOU AGREE TO NOTIFY VAN HAWKE IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD, OR ANY OTHER BREACH OF SECURITY. YOU MAY BE HELD LIABLE FOR LOSSES INCURRED BY VAN HAWKE OR ANY OTHER USER OF OR VISITOR TO THE WEBSITE DUE TO SOMEONE ELSE USING YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP YOUR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL. ACCESS TO YOUR ACCOUNT MAY BE TERMINATED OR SUSPENDED IN OUR SOLE DISCRETION. SEE THE TERMINATION OF ACCESS SECTION FOR MORE INFORMATION. 

(2) PURCHASE – CONFIRMATION

(A) PRE-ORDER SUMMARY. FOR EACH PRODUCT SELECTED ON THE VANHAWKE.COM WEBSITE, A SUMMARY PAGE WILL BE DISPLAYED AND MAY FEATURE A PHOTOGRAPH OF THE ITEM, ITS COLOURING AND REFERENCES, THE UNIT PRICE, THE QUANTITY ORDERED, AND THE TOTAL AMOUNT OWED FOR YOUR ORDER. BEFORE PLACING YOUR ORDER BY CLICKING ON THE “PURCHASE” BUTTON. PLEASE CONFIRM THAT THIS INFORMATION ACCURATELY REFLECTS YOUR SELECTION. ONCE YOU HAVE CONFIRMED YOUR ORDER, IT WILL BE SUBMITTED FOR PROCESSING. 

(B) VISUAL ACCURACY. WHILE WE TAKE STEPS TO TRY TO ENSURE THAT THE COLOURING, DESIGN, AND STYLE OF THE VAN HAWKE PRODUCTS IN THE PHOTOGRAPHS OR OTHER REPRESENTATIONS DISPLAYED ON THE VANHAWKE.COM WEBSITE ARE REPRESENTATIVE OF THE ORIGINAL PRODUCTS, VARIATIONS MAY OCCUR DUE TO TECHNICAL RESTRICTIONS OF COLOUR REPRODUCTION ON YOUR COMPUTER EQUIPMENT. ACCORDINGLY, VAN HAWKE SHALL NOT BE LIABLE FOR ANY ERROR OR INACCURACY IN THE PHOTOGRAPHS OR OTHER REPRESENTATIONS OF VAN HAWKE PRODUCTS DISPLAYED ON THE VANHAWKE.COM WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THE PRODUCTS, PLEASE CONTACT CUSTOMER SERVICE.

(C) SUBMITTED ORDERS. ONCE YOUR ORDER IS SUBMITTED FOR PROCESSING, IT MAY BE AMENDED OR CANCELLED ONLY AS SET OUT IN THESE TERMS OR PURSUANT TO APPLICABLE LAW. PLACING AN ORDER CONFIRMS YOUR ACCEPTANCE OF THE SALE TERMS. ONCE AN ORDER IS PLACED, YOU WILL RECEIVE AN ORDER SUMMARY VIA EMAIL. 

(3) PURCHASE – PRICING AND PAYMENT

PLEASE BE AWARE THAT VAN HAWKE IS USING TRUSTED E-COMMERCE SERVICE PROVIDER, STRIPE INC, TO PROCESS PAYMENTS MADE BY YOU FOR PURCHASES ON THIS WEBSITE. STRIPE INC IS HEADQUARTERD AT 354 OYSTER POINT BLVD, SAN FRANCISCO, CA 94080, UNITED STATES OF AMERICA.

(A) LISTED PRICE. UNLESS OTHERWISE INDICATED ON THE WEBSITE, THE PRICES FOR ALL VAN HAWKE PRODUCTS ON THE VANHAWKE.COM WEBSITE ARE IN UK POUNDS STERLING AND EXCLUDE LOCAL VALUE ADDED TAX (“VAT”) AND EXCLUDE DELIVERY CHARGES. PLEASE SEE "SHIPPING AND DELIVERY" FOR DELIVERY CHARGES AND OTHER FEES THAT MAY APPLY AND ARE NOT INCLUDED IN THE LISTED PRICE. VAN HAWKE RESERVES THE RIGHT TO MODIFY THE PRICES OF PRODUCTS OFFERED ON THE VANHAWKE.COM WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE. YOU WILL BE CHARGED THE PRICES DISPLAYED ON THE VANHAWKE.COM WEBSITE AT THE TIME YOUR ORDER WAS CONFIRMED, PROVIDED THE GOODS ORDERED WERE AVAILABLE AT THIS TIME. HOWEVER, VAN HAWKE RESERVES THE RIGHT NOT TO ACCEPT OR TO CANCEL YOUR ORDER IN OUR SOLE DISCRETION FOR ANY REASON WITHOUT LIABILITY, INCLUDING IF THE PRODUCTS ARE NOT AVAILABLE, ARE INCORRECTLY PRICED OR ARE OTHERWISE INCORRECTLY DESCRIBED.

(B)  PAYMENT METHODS. YOU ARE REQUIRED TO PAY FOR ANY ORDER PLACED ON THE VANHAWKE.COM WEBSITE IMMEDIATELY UPON CONFIRMATION OF YOUR ORDER. YOUR ORDER WILL ONLY BE PROCESSED FOR SHIPMENT ONCE WE HAVE VERIFIED YOUR PAYMENT METHOD AND RECEIVED AUTHORIZATION TO PROCESS YOUR PAYMENT. WE ACCEPT PAYMENT ONLY BY CHARGE CARD, CREDIT CARD, APPLE PAY OR PAYPAL. ALL ORDERS ARE PAYABLE IN UK POUNDS STERLING. WE ACCEPT THE FOLLOWING CHARGE CARDS AND CREDIT CARDS: MASTERCARD, VISA, AND AMERICAN EXPRESS. 

STORE CREDITS OR GIFT CERTIFICATES ISSUED BY VAN HAWKE RETAIL STORES ARE NOT ACCEPTED FOR PAYMENT FOR ITEMS OFFERED ON THE VANHAWKE.COM WEBSITE. YOUR CHARGE CARD OR CREDIT CARD WILL ONLY BE DEBITED WHEN YOUR ORDER IS SHIPPED. IF ANY OF THE PRODUCTS IN YOUR ORDER ARE UNAVAILABLE, WE WILL ONLY CHARGE YOU THE PRICES, TAXES, AND SHIPPING COSTS FOR THE GOODS AVAILABLE.

(C) TITLE. ALL PRODUCTS ORDERED THROUGH THE VANHAWKE.COM WEBSITE REMAIN THE PROPERTY OF VAN HAWKE UNTIL FULL PAYMENT IS TENDERED TO VAN HAWKE. IN THE EVENT OF A PAYMENT DISPUTE, YOU ARE REQUIRED TO RETURN THE PRODUCTS THAT ARE THE SUBJECT OF DISPUTE TO VAN HAWKE IMMEDIATELY UPON REQUEST, AND TO ASSUME THE RISKS (IN PARTICULAR THE RISKS OF LOSS, THEFT, AND DAMAGE) RELATING TO THE RETURN OF SUCH PRODUCTS.

(4) SHIPPING AND DELIVERY

(A) RESTRICTIONS. PRODUCTS PURCHASED THROUGH THE VANHAWKE.COM WEBSITE MAY ONLY BE DELIVERED TO SELECT COUNTRIES. VAN HAWKE WILL NOT PROCESS ANY ORDER FOR WHICH A POST OFFICE BOX OR APO/FPO ADDRESS IS PROVIDED. ANY SUCH DELIVERY ADDRESS WILL BE REFUSED DURING THE ORDERING PROCEDURE. GOODS WILL BE SHIPPED TO THE ACCEPTED DELIVERY ADDRESS SPECIFIED DURING THE ORDERING PROCEDURE. NOT ALL PRODUCTS CAN BE SHIPPED TO ALL LOCATIONS. IF REGULATIONS PROHIBIT SHIPPING OF PRODUCTS TO THE ADDRESS YOU SPECIFY, CUSTOMER SERVICE WILL CONTACT YOU.

(B) SIGNATURE REQUIRED. A SIGNATURE OF AN ADULT AGED 18 YEARS OR OLDER MAY BE REQUIRED FOR DELIVERY. CUSTOMER ASSUMES ALL RESPONSIBILITY ONCE A SIGNATURE IS OBTAINED AT THE DELIVERY ADDRESS.

(C) SHIPPING COSTS. YOU WILL BE ASKED TO SELECT THE SHIPMENT METHOD YOU WOULD PREFER AS PART OF THE ORDER PROCEDURE. DELIVERY COSTS DEPEND ON THE DELIVERY SERVICE YOU SELECT. WE WILL INFORM YOU OF THE SHIPPING COSTS FOR THE SHIPMENT METHOD YOU SELECT IN THE ORDER SUMMARY DISPLAYED ON THE VANHAWKE.COM WEBSITE BEFORE YOU CONFIRM YOUR ORDER. THIS AMOUNT WILL BE PAYABLE BY YOU IN ADDITION TO THE PRICE, INCLUDING TAXES, OF THE GOODS ORDERED. VAN HAWKE RESERVES THE RIGHT TO DIVIDE YOUR ORDER INTO PARTIAL SHIPMENTS. IN THIS CASE, YOUR METHOD OF PAYMENT WILL BE DEBITED FOR THE GOODS SHIPPED AND FOR A SINGLE SHIPMENT.

(D) DELIVERY TIMING. DURING THE ORDERING PROCEDURE, WE WILL INFORM YOU OF THE TIME REQUIRED FOR DELIVERY AND THE VARIOUS FORMS OF DELIVERY AVAILABLE FOR THE GOODS PURCHASED. IN SOME CASES, CERTAIN DELIVERY OPTIONS MAY NOT BE AVAILABLE OR MAY TAKE LONGER. SOME PRODUCTS MAY BE SUBJECT TO DELIVERY DELAYS. IF YOUR ORDER, OR A PART OF YOUR ORDER, IS NOT ABLE TO SHIP WITHOUT MATERIAL DELAY, CUSTOMER SERVICE WILL CONTACT YOU TO PROVIDE MORE DETAIL AND AN ESTIMATED SHIPPING DATE.

(E) TAXES. WE CHARGE AND COLLECT LOCAL TAXES FOR ONLINE TRANSACTIONS BASED ON SHIPPING ADDRESS AND AS REQUIRED BY APPLICABLE LAWS AND REGULATIONS. AN ESTIMATE OF THESE TAXES WILL BE PROVIDED DURING THE ORDERING PROCESS AND THE ACTUAL SALES TAX (IF ANY) WILL BE CALCULATED WHEN YOUR ORDER IS SHIPPED AND MAY VARY FROM THE ESTIMATED TAX. ALL PRICES SHOWN ON THE WEBSITE EXCLUDE LOCAL VAT OR SALES TAXES APPLICABLE TO YOUR SELECTED DELIVERY DESTINATION, WHERE APPLICABLE. IN ADDITION, FOR CERTAIN ORDERS DELIVERED, LOCAL IMPORT TAXES MAY BE APPLIED TO YOUR ORDER, WHICH WILL BE SHOWN AT CHECKOUT.

(F) DELIVERY PROBLEMS. ANY DELIVERY FAILURE OR LATE DELIVERY THAT EXCEEDS TEN (10) BUSINESS DAYS SHOULD BE REPORTED TO OUR CUSTOMER SERVICE AS SOON AS POSSIBLE. IN ORDER FOR YOUR CLAIM OF DELIVERY FAILURE OR LATE DELIVERY TO BE ACCEPTED, YOU MUST NOTIFY US WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF CONFIRMATION OF YOUR ORDER.

YOU MUST CHECK THAT YOUR SHIPMENT IS CORRECT ON DELIVERY. IF THERE ARE ANY DISCREPANCIES IN YOUR ORDER, FOR EXAMPLE, DAMAGED OR MISSING GOODS, WHEN YOU RECEIVE YOUR ORDER, YOU SHOULD NOTE THE NATURE OF THE PROBLEM BY HAND, IF POSSIBLE, ON THE DELIVERY NOTICE, AND SIGN. YOU MUST CONTACT US AS SOON AS POSSIBLE BUT NO LATER THAN FIVE (5) DAYS AFTER RECEIVING THE DELIVERY. PLEASE KEEP ALL PACKAGING INCLUDING SHIPPING BOX FOR PHOTOS AND PROOF FOR CLAIM.

(5) RETURNS AND EXCHANGES

(A) RETURNS AND EXCHANGES OF PURCHASED ITEMS. 

YOU HAVE THE RIGHT TO CANCEL YOUR ORDER. AS NOTED ABOVE (“RIGHT TO CANCEL”). IF YOU WISH TO CANCEL YOUR ORDER, PLEASE EMAIL ASSISTANCE@VANHAWKE.COM AS SOON AS POSSIBLE, AND WE WILL MAKE EVERY EFFORT TO ACCOMMODATE YOUR REQUEST. IN ORDER TO CANCEL AN ORDER THAT HAS ALREADY SHIPPED, PLEASE RETURN YOUR ORDER ONCE RECEIVED IN ACCORDANCE WITH OUR RETURNS POLICY.

YOU MAY RETURN ANY FULL-PRICED PRODUCT ORDERED ON THE VANHAWKE.COM WEBSITE FOR EXCHANGE OR REFUND WITHIN FOURTEEN (14) CALENDAR DAYS FROM THE DELIVERY DATE. RETURNED PRODUCTS MUST BE IN THEIR ORIGINAL CONDITION, UNUSED, UNWASHED, UNALTERED, AND IN THE SAME CONDITION IN WHICH IT WAS RECEIVED WITH ALL TAGS ATTACHED, AND IN THE ORIGINAL PACKAGING (INCLUDING THE ORIGINAL DELIVERY BOX). PRODUCT BOXES, ARE NOT TO BE USED AS SHIPPING BOXES. THE PRODUCT BOX SHOULD BE PLACED WITHIN APPROPRIATE OUTER PACKAGING, WITH CONTENTS SECURED WITHIN. THE ORIGINAL INVOICE MUST BE PROVIDED WITH ANY RETURN. VAN HAWKE WILL DETERMINE IN ITS SOLE DISCRETION WHETHER THE PRODUCTS ARE IN ORIGINAL CONDITION WHEN RETURNED. IF VAN HAWKE DETERMINES THAT THE PRODUCTS ARE NOT IN ORIGINAL CONDITION THEY WILL BE RETURNED TO YOU. PLEASE ALLOW UP TO THIRTY (30) DAYS FOR THE PROCESSING OF YOUR RETURN.

RETURNING A PRODUCT FOR EXCHANGE OR REFUND IS AT YOUR OWN COST. TO RETURN A PRODUCT, PLEASE EMAIL ASSISTANCE@VANHAWKE.COM. ADDITIONAL INSTRUCTIONS MAY BE PROVIDED ON THE INVOICE OR THROUGH THE RETURN PROCESS. VAN HAWKE DOES NOT TAKE TITLE TO ANY RETURNED PRODUCTS UNTIL THEY ARE RECEIVED BY US.

(B) RESTRICTIONS.

(I) PERSONALIZED OR ALTERED PRODUCTS. A PRODUCT ORDERED ON THE VANHAWKE.COM WEBSITE THAT HAS BEEN PERSONALIZED, OR A PRODUCT THAT HAS BEEN ALTERED OR TAILORED IN ANY WAY, OR WASHED OR CLEANED, CANNOT BE RETURNED FOR EXCHANGE OR REFUND.

(II) SALE AND OTHER NON-REFUNDABLE PRODUCTS. ALL PRODUCTS SOLD AS PART OF A SALE ARE FINAL AND NOT RETURNABLE, EXCHANGEABLE, OR AVAILABLE FOR STORE CREDIT. PLEASE NOTE THAT WE ARE UNABLE TO GUARANTEE AVAILABILITY OF STOCK UNTIL TIME OF SHIPMENT. YOU CANNOT REQUEST A PRICE ADJUSTMENT IF A PURCHASED PRODUCT IS MARKED DOWN WITHIN SEVEN (7) CALENDAR DAYS OF THE DELIVERY OF YOUR ORDER. VAN HAWKE RESERVES THE RIGHT TO DESIGNATE OTHER PRODUCTS AS NON-RETURNABLE. ANY SUCH DESIGNATION WILL BE NOTED ON THE PRODUCT DETAIL PAGE.

(III) RETAIL LOCATIONS. PRODUCTS PURCHASED IN A VAN HAWKE RETAIL LOCATION MAY NOT BE RETURNED TO THE VANHAWKE.COM WEBSITE. PRODUCTS PURCHASED ON THE VANHAWKE.COM WEBSITE MAY NOT BE RETURNED TO CERTAIN RETAIL LOCATIONS. SEE THE IN-STORE RETURN SECTION BELOW FOR MORE INFORMATION.

(C) RETURN OR EXCHANGE OF GIFT ITEMS. IF YOU RECEIVED AN ITEM AS A GIFT FROM VANHAWKE.COM, YOU MAY EXCHANGE IT FOR ANOTHER ITEM OF EQUAL OR GREATER VALUE WITHIN FOURTEEN (14) DAYS OF DELIVERY. YOU, THE GIFT RECIPIENT, MUST PAY THE DIFFERENCE IN PRICE. PLEASE CONTACT CUSTOMER SERVICE.

YOU MAY EXCHANGE THE GIFT ITEM EITHER (I) FOR A DIFFERENT ITEM OF EQUAL OR GREATER VALUE, OR (II) MULTIPLE ITEMS THAT TOGETHER ARE EQUAL TO OR GREATER IN VALUE THAN THE PURCHASED PRODUCTS. SHIPPING COSTS ARE EXCLUDED FROM THE VALUE OF AN EXCHANGE.

(D) RETURNS AND SHIPPING COSTS. IF YOU RETURN PRODUCTS FOR EXCHANGE, THE SHIPPING COSTS WILL NOT BE REFUNDED. YOU WILL BE CHARGED FOR THE SHIPPING COSTS OF ONE EXCHANGE DELIVERY PER ORDER. ONLY ONE EXCHANGE PER ITEM WILL BE HONORED.

IF YOU REQUEST A REFUND, THE ORIGINAL SHIPPING COSTS WILL NOT BE REFUNDED.

(E) RETURNS. YOU ARE RESPONSIBLE FOR INSURING YOUR PACKAGE FOR THE FULL RETAIL VALUE OF THE ITEM. YOU AGREE TO BEAR THE RISKS OF THE SHIPPING METHOD YOU HAVE CHOSEN, AND VAN HAWKE WILL NOT BE RESPONSIBLE OR LIABLE IF ANY ITEM YOU RETURN TO THE VANHAWKE.COM WEBSITE IS LOST, MISPLACED, OR DELIVERED LATE. NEITHER THE ORIGINAL SHIPPING COSTS NOR THE COSTS YOU PAY TO SHIP YOUR RETURN WILL BE REFUNDED TO YOU.

(F) REFUND. IF YOU REQUEST A REFUND FOR RETURNED PRODUCTS, VAN HAWKE WILL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ANY REFUND WILL BE MADE WITHIN FIFTEEN (15) BUSINESS DAYS OF RECEIPT OF THE GOODS. ALL REFUNDS SHALL BE MADE TO THE ORIGINAL FORM OF PAYMENT. UNDER NO CIRCUMSTANCES WILL VAN HAWKE GRANT YOU AN ELECTRONIC CREDIT USABLE ON THE VANHAWKE.COM WEBSITE. 

D. OTHER IMPORTANT TERMS

FOR THE AVOIDANCE OF DOUBT, THE FOLLOWING OTHER IMPORTANT TERMS (“ADDITIONAL TERMS”) APPLY TO YOUR USE OF THE VANHAWKE.COM WEBSITE AND ANY PURCHASE OR ATTEMPTED PURCHASE YOU MAKE.

(1) TERMINATION OF ACCESS

(A) TERMINATION. YOU AGREE THAT VAN HAWKE MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE YOUR ACCESS TO THE WEBSITE AND/OR BLOCK YOUR FUTURE ACCESS TO THE WEBSITE IF WE DETERMINE THAT YOU HAVE VIOLATED ANY OF OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS, AND THE PRIVACY POLICY. YOU ALSO AGREE THAT ANY VIOLATION BY YOU OF ANY OF OUR TERMS, WILL CONSTITUTE AN UNLAWFUL AND UNFAIR BUSINESS PRACTICE, AND WILL CAUSE IRREPARABLE HARM TO VAN HAWKE, FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE, AND YOU CONSENT TO VAN HAWKE OBTAINING ANY INJUNCTIVE OR EQUITABLE RELIEF THAT VAN HAWKE DEEMS NECESSARY OR APPROPRIATE IN SUCH CIRCUMSTANCES WITHOUT THE POSTING OF ANY BOND. THESE REMEDIES ARE IN ADDITION TO ANY OTHER REMEDIES VAN HAWKE MAY HAVE AT LAW OR IN EQUITY.

YOU AGREE THAT VAN HAWKE MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE YOUR ACCESS TO THE WEBSITE, FOR CAUSE, WHICH INCLUDES (BUT IS NOT LIMITED TO) (1) REQUESTS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES, (2) A REQUEST BY YOU (SELF-INITIATED ACCOUNT DELETIONS), (3) DISCONTINUANCE OR MATERIAL MODIFICATION OF THE WEBSITE OR ANY SERVICE OFFERED ON OR THROUGH THE WEBSITE, OR (4) UNEXPECTED TECHNICAL ISSUES OR PROBLEMS.

(B) RECOVERY OF COSTS. IF VAN HAWKE DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE USE TERMS, VAN HAWKE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO VAN HAWKE. YOU AGREE THAT VAN HAWKE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE WEBSITE AS A RESULT OF ANY VIOLATION OF OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS, AND THE PRIVACY POLICY. 

(3) LAW AND DISPUTES

OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, AND THE ADDITIONAL TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND, AND YOU HEREBY SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS. 

(4) MISCELLANEOUS

(A) SEVERABILITY. IF ANY PROVISION OF THE USE TERMS, SALE TERMS, OR ADDITIONAL TERMS IS DETERMINED TO BE INVALID, ILLEGAL OR UNENFORCEABLE, THE REMAINING PROVISIONS OF WHICH SHALL REMAIN IN FULL FORCE TO THE EXTENT PERMITTED BY LAW.

(B) WAIVER. NO FAILURE, FORBEARANCE, NEGLECT, OR DELAY OF ANY KIND OR TO ANY EXTENT ON THE PART OF VAN HAWKE IN CONNECTION WITH THE ENFORCEMENT OR EXERCISE OF ANY RIGHTS UNDER THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS SHALL AFFECT OR DIMINISH VAN HAWKE’S ABILITY TO ENFORCE SUCH RIGHTS OR ANY OTHER RIGHTS UNDER THE USE TERMS, THE SALE TERMS, OR THE ADDITIONAL TERMS.

(C) CONSTRUCTION AND INTERPRETATION. REFERENCES TO ARTICLES, SECTIONS AND EXHIBITS ARE TO BE CONSTRUED AS REFERENCES TO THE ARTICLES OR SECTIONS OF THE RELEVANT PORTIONS OF THE USE TERMS, SALE TERMS, OR ADDITIONAL TERMS, UNLESS OTHERWISE INDICATED, AND TERMS SUCH AS “HEREOF,” “HEREIN,” “HEREUNDER” AND OTHER SIMILAR COMPOUNDS OF THE WORD “HERE” SHALL MEAN AND REFER TO THIS ENTIRE SET OF TERMS RATHER THAN ANY PARTICULAR PART OF THE SAME. THE PARAGRAPH HEADINGS AND CAPTIONS ARE INCLUDED MERELY FOR CONVENIENCE OF REFERENCE. THEY ARE NOT TO BE CONSIDERED PART OF, OR TO BE USED IN INTERPRETING, THE TERMS AND IN NO WAY LIMIT OR AFFECT ANY OF THE CONTENTS OF THE TERMS OR ITS PROVISIONS. WHENEVER USED, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED OR UNLESS THE CONTEXT OTHERWISE REQUIRES, ANY NOUN OR PRONOUN SHALL BE DEEMED TO INCLUDE THE PLURAL AS WELL AS THE SINGULAR AND TO COVER ALL GENDERS. THE WORDS "INCLUDES" AND "INCLUDING" WHEN USED HEREIN SHALL BE DEEMED TO BE FOLLOWED BY THE PHRASE "WITHOUT LIMITATION" UNLESS SUCH PHRASE OTHERWISE APPEARS. ANY REFERENCE TO PRODUCTS, GOODS, OR MERCHANDISE SHALL REFER TO THE ITEMS OFFERED FOR SALE ON THE WEBSITE.