HPLY MERCHANDISE TERMS AND RETURN POLICY
Last Updated: August 10, 2026
These HPLY Merchandise Terms and Return Policy (“Merchandise Terms”) govern purchases, orders, returns, exchanges, refunds, loyalty redemptions, and other merchandise-related transactions made available by HPLY Inc. (“HPLY,” “we,” “us,” or “our”).
These Merchandise Terms apply only where HPLY offers merchandise, loyalty redemptions, or related commercial functionality. They supplement the HPLY Terms of Service, which remain the generally applicable master agreement governing use of HPLY’s Services.
1. Scope and Relationship to Other HPLY Terms
These Merchandise Terms apply to merchandise sold directly by HPLY and to HPLY-operated loyalty or redemption functionality where applicable.
If a more specific provision of these Merchandise Terms conflicts with a general provision of the HPLY Terms of Service concerning a merchandise-specific matter, these Merchandise Terms control solely with respect to that merchandise-specific matter.
The HPLY Terms of Service otherwise remain in effect.
Other HPLY policies may also apply, including the HPLY Privacy Policy, HPLY California Privacy Notice, HPLY Cookie Policy, HPLY Acceptable Use Policy, HPLY Community Guidelines, and HPLY Donation & Refund Policy.
Purchases from an independent third-party seller are governed by that seller’s applicable terms and return policies unless HPLY expressly states otherwise.
2. Eligibility
A purchaser must be at least eighteen (18) years old to place an order, redeem loyalty points, or engage in account-based or transactional merchandise activity through HPLY unless applicable law requires otherwise.
A purchaser must also have legal authority to authorize the applicable payment or redemption and must comply with these Merchandise Terms, the HPLY Terms of Service, applicable law, and applicable payment or commerce-provider requirements.
HPLY may restrict merchandise functionality based on jurisdiction, account status, fraud risk, inventory, payment eligibility, sanctions requirements, or other lawful eligibility criteria.
3. Seller of Record
Where HPLY identifies itself as the seller of merchandise, HPLY is the seller of record for that transaction.
The use of a third-party payment processor, commerce platform, manufacturer, fulfillment provider, warehouse, carrier, or other service provider does not by itself make that provider the seller of record.
Where an independent third party is identified as seller of record, the third party’s applicable sales, return, warranty, and customer-service terms govern to the extent disclosed before purchase.
4. Product Information
HPLY seeks to provide accurate product descriptions, photographs, specifications, materials, sizing information, measurements, production details, and other information reasonably relevant to a purchase.
Actual products may vary reasonably from photographs, digital displays, samples, or descriptions because of manufacturing tolerances, screen settings, lighting, production batches, materials, printing, embroidery, dye lots, packaging, or other ordinary production variations.
Colors displayed on a screen may not exactly match the physical product.
Measurements and size charts are approximate unless expressly stated otherwise.
Minor differences in stitching, placement, printing, embroidery, packaging, texture, finish, dimensions, or similar characteristics do not necessarily constitute a defect where the product remains materially consistent with its description.
Nothing in this Section limits remedies for material misdescription, defects, damage, or other rights that cannot lawfully be waived.
5. Orders and Acceptance
Submitting an order constitutes an offer to purchase merchandise under these Merchandise Terms.
HPLY may review an order for payment authorization, inventory, quantity restrictions, fraud, pricing errors, shipping eligibility, sanctions compliance, account status, or other legitimate transaction requirements.
HPLY may reject or cancel an order before acceptance where permitted by applicable law.
A binding sale is formed when HPLY sends an order-acceptance confirmation, sends a shipment confirmation, expressly confirms a loyalty redemption, or provides another written confirmation expressly stating that the order has been accepted.
An automated acknowledgment that HPLY received an order does not necessarily constitute acceptance.
If HPLY cancels an order after payment authorization but before completion, HPLY will provide any refund or authorization reversal required by applicable law and the circumstances of the transaction.
6. Product Availability and Inventory
Merchandise is subject to availability.
Displaying a product does not guarantee that the product remains in stock or available for a particular size, color, configuration, redemption, jurisdiction, or shipping destination.
HPLY may establish quantity limits, account limits, household limits, purchase limits, redemption limits, or other reasonable inventory controls.
HPLY may cancel or reduce an order where inventory is unavailable, a listing error occurred, an order exceeds applicable limits, fraud is suspected, or fulfillment is otherwise unavailable.
Where an accepted paid order cannot be fulfilled, HPLY will provide any refund required by applicable law.
7. Pricing
Prices are displayed in the currency identified in the applicable transaction flow.
Unless expressly stated otherwise, displayed prices do not necessarily include sales tax, use tax, shipping, customs duties, import charges, or other amounts that may lawfully apply to the transaction.
HPLY may change prices prospectively at any time before an order is accepted.
A price change does not affect an order already accepted by HPLY except where applicable law permits correction of an obvious error.
8. Pricing and Listing Errors
HPLY may correct typographical, technical, inventory, pricing, promotional, product-description, or other listing errors.
If a material pricing or listing error is discovered before acceptance, HPLY may reject or cancel the affected order.
If a material error is discovered after acceptance, HPLY will take any corrective action permitted or required by applicable law, which may include contacting the purchaser, honoring the order, canceling the order, or issuing a refund.
HPLY will not knowingly use a pricing-error provision to avoid a binding consumer obligation that applicable law requires HPLY to honor.
9. Payment Processing
Payments may be processed by Stripe, Shopify Payments, or another payment processor or commerce provider designated by HPLY.
A payment provider may independently collect payment credentials, billing information, device information, fraud signals, authentication information, and other information under its own terms and privacy practices.
HPLY does not control every authorization, fraud, reserve, settlement, chargeback, or payment decision independently made by a payment provider.
Use of a payment processor does not alter HPLY’s status as seller of record where HPLY is identified as the seller.
Payment authorization does not necessarily mean that an order has been accepted.
10. Taxes and Government Charges
HPLY may collect sales tax, use tax, value-added tax, or other transaction taxes where required by applicable law.
A purchaser remains responsible for taxes, duties, customs charges, import fees, or other government-imposed amounts that are lawfully the purchaser’s responsibility and are not collected by HPLY.
HPLY may use third-party tax, payment, or commerce providers to calculate or administer applicable taxes.
11. Promotions and Promotional Offers
HPLY may offer discounts, promotional codes, bundles, limited-time offers, promotional merchandise, or other incentives.
Promotions may have additional terms, eligibility criteria, start and end dates, quantity limits, geographic restrictions, account limitations, or product exclusions.
Promotions have no cash value except where applicable law requires otherwise.
HPLY may reject or reverse unauthorized, fraudulent, duplicated, manipulated, transferred, or otherwise invalid promotional benefits.
Where a return affects the conditions of a promotion, HPLY may recalculate the transaction or refund amount in accordance with the disclosed promotion terms and applicable law.
12. Preorders and Made-to-Order Items
HPLY may offer merchandise on a preorder, made-to-order, printed-to-order, embroidered-to-order, personalized, customized, or similar basis.
Any estimated production or shipment timing disclosed for such merchandise is an estimate unless HPLY expressly states otherwise.
HPLY will comply with applicable consumer laws governing delayed shipment, cancellation, and refunds.
Made-to-order or customized merchandise may become noncancelable or final sale once production begins where that limitation is clearly disclosed before purchase and permitted by law.
Nothing in this Section limits remedies for manufacturing defects, HPLY customization errors, shipping damage, material misdescription, recalls, or other non-waivable rights.
13. Limited Editions
HPLY may offer limited-edition or limited-quantity merchandise.
Availability may be limited by inventory, account, household, geographic area, purchase quantity, or redemption eligibility.
HPLY does not guarantee that a limited-edition product will remain scarce, increase in value, retain resale value, or maintain any particular market value.
HPLY may produce replacement, warranty, recall, or service units where reasonably necessary even if doing so affects the total number of physical units in circulation.
14. HPLY Gold Collection
HPLY may offer merchandise identified as part of the HPLY Gold Collection.
Gold Collection merchandise may be available only through loyalty redemption and may not be available for ordinary cash purchase.
Having sufficient loyalty points does not guarantee inventory or successful redemption.
Gold Collection merchandise may include serial numbers, authentication elements, special packaging, distinctive production details, or other identifiers.
A serial number or authentication feature does not represent equity, investment rights, securities, cryptocurrency, ownership in HPLY, ownership in a Nonprofit Organization, or a promise of future value.
Replacement units may contain a different serial number or other identifying information.
Reasonable variations in packaging, production details, materials, markings, serial-number placement, or similar characteristics may occur.
HPLY does not guarantee that Gold Collection merchandise will have collectible, investment, or resale value.
15. Loyalty Points
Where HPLY offers a loyalty program, points are promotional program units governed by applicable loyalty-program terms and disclosures.
To the extent permitted by applicable law, points are not cash, stored value, cryptocurrency, securities, deposit accounts, or property rights.
Points may not be sold, assigned, transferred, pledged, exchanged, or commercially traded unless HPLY expressly permits the activity.
HPLY may reverse points attributable to a refunded, reversed, canceled, fraudulent, or charged-back qualifying transaction.
A reversal may result in a negative points balance.
HPLY may restrict, suspend, reverse, or forfeit points associated with fraud, abuse, manipulation, unauthorized account activity, violation of program terms, or other misuse, subject to applicable law.
Earning formulas, rounding rules, pending periods, expiration rules, redemption requirements, and similar program-specific rules will be disclosed through the applicable loyalty-program terms, account interface, promotion, or redemption flow where relevant.
16. Shipping and Delivery
HPLY may provide estimated processing, shipment, or delivery dates.
HPLY will have a reasonable basis for any stated shipment estimate. If no shipment period is stated, HPLY will ship within the period required by applicable law, including the applicable default period under the FTC Mail, Internet, or Telephone Order Merchandise Rule where that Rule applies.
Shipment and delivery estimates are not guarantees unless expressly identified as guaranteed.
Orders may be shipped in multiple packages or separate shipments.
Delivery timing may be affected by inventory, customization, weather, carrier operations, address issues, customs, holidays, force-majeure events, or other circumstances.
If HPLY cannot ship within the promised or legally applicable period, HPLY will provide any delay notice, revised shipment estimate, request for consent, cancellation option, and prompt refund required by applicable law. Where applicable law requires affirmative consent to a delay, HPLY will not treat the order as continuing unless the legally required consent standard is satisfied.
Nothing in these Merchandise Terms limits a cancellation or refund right required by applicable law.
17. Shipping Addresses
Purchasers are responsible for providing an accurate and complete shipping address.
HPLY may be unable to change an address after fulfillment begins.
A purchaser should promptly contact HPLY if an address error is discovered.
HPLY may cancel, redirect, hold, or otherwise address a shipment where reasonably necessary to prevent fraud, comply with carrier requirements, correct an HPLY error, or address an undeliverable shipment.
Additional shipping charges resulting from an incorrect address supplied by the purchaser may be charged to the purchaser where lawful and appropriately disclosed.
18. Risk of Loss and Delivery
Risk of loss and title pass as provided by applicable law and the applicable transaction terms.
Nothing in these Merchandise Terms shifts risk of loss to a consumer earlier than applicable law permits.
A carrier’s tracking status may be considered when evaluating delivery but does not conclusively eliminate a purchaser’s rights concerning a genuinely lost, stolen, damaged, or misdelivered package.
19. International Shipping
HPLY primarily offers merchandise in the United States.
HPLY may offer international shipping to selected countries or locations where supported.
International availability may depend on carrier service, customs, product restrictions, sanctions, tax requirements, payment availability, local consumer law, or other factors.
Purchasers may be responsible for customs duties, import taxes, brokerage charges, or other lawful import costs where disclosed or otherwise permitted by applicable law.
Mandatory local consumer rights remain applicable where they cannot lawfully be waived.
20. Lost, Stolen, Damaged, Defective, or Incorrect Orders
A purchaser should promptly contact HPLY if an order is lost, materially damaged in transit, defective, materially misdescribed, incomplete, or contains an incorrect item.
HPLY may request reasonable evidence necessary to investigate the claim, including photographs, packaging, shipping labels, tracking information, serial information, order records, declarations, or cooperation with a carrier investigation.
For suspected theft or fraud, HPLY may request additional information and may request a police report where reasonably appropriate, but a police report is not automatically required as a condition to a legally mandated remedy.
Depending on the circumstances and applicable law, HPLY may provide repair, replacement, reshipment, refund, store credit, or another appropriate remedy.
Nothing in this Section limits a remedy required by applicable law.
21. Returns
Eligible merchandise may be returned within the return period disclosed on the applicable product page, checkout flow, order confirmation, or other transaction disclosure.
To qualify for a preference-based return, merchandise may be required to be unused, unworn, unwashed, unaltered, and returned with original tags, packaging, accessories, authentication materials, or other components, to the extent those conditions were appropriately disclosed and are lawful.
HPLY may deny a preference-based return that does not satisfy the disclosed return conditions.
Preference-based return rules do not eliminate remedies for defective, damaged, materially misdescribed, incorrectly fulfilled, recalled, or otherwise legally protected merchandise.
HPLY may require a return authorization or other reasonable return process before merchandise is sent back.
22. Exchanges
Where HPLY offers exchanges, availability depends on inventory, product eligibility, size, color, configuration, shipping location, and other applicable conditions.
HPLY does not guarantee that a replacement size, color, or product will remain available while a return is in transit.
HPLY may process an exchange as a return and new order where operationally appropriate.
Where an exchange cannot be completed, HPLY may provide an available refund or other remedy consistent with these Merchandise Terms and applicable law.
23. Final-Sale Items
HPLY may designate merchandise as final sale where permitted by applicable law.
Final-sale status will be clearly disclosed before purchase.
A final-sale designation may limit preference-based returns or exchanges.
Final-sale status does not waive legally required remedies for defects, material misdescription, shipping damage, HPLY fulfillment error, recalls, fraud, or another condition for which applicable law requires a remedy.
24. Customized and Personalized Merchandise
Customized, personalized, embroidered, printed-to-order, made-to-order, or similarly individualized merchandise may be nonreturnable or final sale once production begins where that restriction is disclosed before purchase and permitted by applicable law.
The purchaser is responsible for reviewing names, text, dates, sizes, colors, designs, or other customization details before submitting the order.
HPLY may reject customization that infringes intellectual-property rights, violates applicable law, contains prohibited content, or violates HPLY policies.
A customization restriction does not eliminate remedies for an HPLY customization error, manufacturing defect, shipping damage, material misdescription, or another non-waivable consumer right.
25. Refunds
Approved refunds will generally be issued to the original payment method where reasonably possible.
Where a refund to the original payment method is unavailable or impracticable, HPLY may use another lawful refund method.
Refund timing depends on HPLY’s processing, the applicable payment provider, financial institution, card network, and other factors outside HPLY’s direct control.
Initiation of a refund does not guarantee the date on which the purchaser’s financial institution will post the credit.
Any deduction from a refund, including an applicable return-shipping amount or other charge, will be made only where lawful and appropriately disclosed.
A promotion may be recalculated where a return causes the original order to cease satisfying the promotion’s conditions.
Nothing in these Merchandise Terms permits HPLY to reduce or deny a refund that applicable law requires in full.
26. Loyalty Redemption Returns
Merchandise redeemed solely with loyalty points is not eligible for a cash refund.
Where a points-only redemption qualifies for return, HPLY may restore points, provide a replacement, or provide another appropriate program remedy.
Restoration of points may depend on the nature of the return, account eligibility, fraud review, inventory, and applicable loyalty-program rules.
Where a transaction used both money and loyalty points, HPLY may refund or restore each component in a manner reasonably corresponding to the original transaction.
A return does not entitle a purchaser to receive cash in place of promotional points unless applicable law requires otherwise.
27. Donation-Related Loyalty Points
Where HPLY offers promotional loyalty points in connection with Donations, those points are promotional rewards provided by HPLY and are separate from the charitable Donation itself.
Loyalty points do not increase the amount donated to the participating Nonprofit Organization.
Merchandise obtained through a loyalty redemption is not itself a charitable contribution merely because the points were earned in connection with a Donation.
The tax deductibility of a Donation is governed by applicable tax law and the HPLY Donation & Refund Policy.
HPLY does not represent that loyalty points constitute the purchase or sale of a charitable deduction, stored value, financial instrument, or investment.
28. Anti-Bot, Anti-Abuse, and Quantity Controls
HPLY may use reasonable technical and transactional controls to protect limited inventory, loyalty redemptions, and fair access.
Users may not use bots, scripts, automated purchasing tools, account farms, credential sharing, false identities, payment abuse, or other deceptive methods to evade purchase, inventory, or redemption limits.
HPLY may cancel orders, reverse redemptions, restrict accounts, or take other reasonable action where HPLY identifies fraud, automation abuse, evasion, or manipulation.
Nothing in this Section prohibits lawful use of ordinary accessibility technologies.
29. Resale
Purchasers may lawfully resell genuine HPLY merchandise to the extent permitted by applicable law.
HPLY does not guarantee resale value, future market demand, authenticity determinations made by third parties, or availability of replacement packaging or authentication materials.
Users may not falsely represent themselves as HPLY, an authorized HPLY reseller, an exclusive distributor, or an official HPLY partner without authorization.
Users may not sell counterfeit merchandise or materially misrepresent altered, damaged, counterfeit, replica, or non-genuine goods as genuine HPLY merchandise.
30. Product Safety and Recalls
HPLY may take actions reasonably necessary to address product-safety concerns, defects, regulatory requirements, or recalls.
HPLY may issue warnings, stop sale, contact purchasers, request return of merchandise, coordinate with manufacturers, insurers, regulators, carriers, or recall administrators, and provide repair, replacement, refund, or another legally required or appropriate remedy.
Purchasers should follow safety instructions and recall notices supplied with or concerning merchandise.
Nothing in these Merchandise Terms disclaims or limits product-safety, recall, personal-injury, statutory warranty, or other obligations that cannot lawfully be waived.
31. Intellectual Property and Counterfeiting
HPLY and its licensors own or control rights in HPLY trademarks, logos, product artwork, photographs, packaging, Gold Collection branding, authentication systems, serial-number systems, trade dress, website and application content, and other proprietary materials, except for rights owned by third parties.
Purchasing merchandise does not transfer intellectual-property rights in HPLY branding, artwork, product designs, authentication systems, or other protected materials.
A purchaser may use genuine merchandise in ordinary lawful ways, including lawful resale where applicable.
Users may not manufacture, distribute, advertise, or sell counterfeit HPLY merchandise or use HPLY trademarks in a manner likely to create material confusion concerning source, sponsorship, affiliation, or authorization.
32. Reviews and User Content
Reviews must reflect genuine experiences or opinions and must comply with the HPLY Terms of Service, HPLY Acceptable Use Policy, and HPLY Community Guidelines.
Users may not submit fake reviews, impersonate reviewers, manipulate review systems, use reviews to facilitate fraud or harassment, or coordinate deceptive review activity.
Any material connection or incentive associated with a review must be disclosed where required by law. HPLY will not condition an incentive, expressly or implicitly, on a review expressing a particular positive or negative sentiment.
HPLY may identify reviews as verified-purchaser reviews where HPLY has a reasonable basis for doing so.
HPLY may moderate content that violates applicable law or HPLY policies.
HPLY will not remove or suppress a review merely because it expresses a legitimate negative opinion.
33. Express Product Warranties
A product may be subject to an express warranty identified on the applicable product page, packaging, order documentation, manufacturer materials, or other transaction disclosure.
Any express warranty applies according to its stated terms and applicable law.
Nothing in these Merchandise Terms modifies or eliminates an express written warranty except where the applicable warranty itself lawfully permits modification.
Manufacturer warranties, where applicable, may be provided by the manufacturer rather than HPLY.
34. General Warranty Disclaimer
The generally applicable warranty disclaimers governing the Services are set forth in the HPLY Terms of Service.
Except for any express warranty stated by HPLY or another applicable warrantor, merchandise is subject to disclaimers permitted by applicable law.
Nothing in these Merchandise Terms excludes, disclaims, or limits a statutory warranty, implied warranty, consumer guarantee, product-safety obligation, or other right that applicable law does not permit HPLY to exclude, disclaim, or limit.
35. Limitation of Liability
Generally applicable limitations and exclusions of liability are governed by the HPLY Terms of Service.
These Merchandise Terms do not create a separate merchandise-specific aggregate liability cap.
Nothing in these Merchandise Terms excludes or limits liability that applicable law does not permit HPLY to exclude or limit, including non-waivable liability for personal injury, product liability, fraud, gross negligence, willful misconduct, mandatory warranties, recalls, or statutory consumer remedies.
36. Indemnification
Indemnification obligations applicable to Users are governed by the HPLY Terms of Service.
Nothing in these Merchandise Terms creates an additional broad consumer indemnification obligation.
Fraudulent reviews, counterfeiting, intellectual-property infringement, unauthorized commercial exploitation, or other unlawful conduct may constitute conduct subject to remedies and indemnification obligations under the HPLY Terms of Service where applicable.
37. Privacy
HPLY Processes Personal Information associated with merchandise purchases, returns, loyalty activity, payments, fulfillment, and support in accordance with the HPLY Privacy Policy and other applicable HPLY privacy notices.
Payment, commerce, fulfillment, shipping, tax, fraud-prevention, and customer-service providers may Process information as reasonably necessary to provide their services and may independently Process information under their own privacy terms where legally applicable.
Nothing in these Merchandise Terms expands the Personal Information HPLY provides to participating Nonprofit Organizations.
Merchandise activity is separate from HPLY’s donor-information framework unless a particular feature expressly provides otherwise.
38. Third-Party Services
HPLY may rely on manufacturers, payment processors, commerce providers, warehouses, fulfillment providers, carriers, tax providers, fraud-prevention providers, customer-support providers, and other third parties.
Third parties may operate under their own terms, policies, service limitations, schedules, and legal obligations.
HPLY is not responsible for the independent acts or omissions of third parties HPLY does not control, except to the extent applicable law independently assigns responsibility to HPLY.
A third-party failure or delay does not eliminate a consumer remedy that applicable law requires HPLY to provide.
39. Governing Law and Dispute Resolution
Governing law and dispute resolution applicable to these Merchandise Terms are governed by the HPLY Terms of Service unless applicable law requires otherwise.
These Merchandise Terms do not establish a separate arbitration administrator, arbitration procedure, venue, class-action waiver, representative-action waiver, or jury-trial waiver.
Nothing in these Merchandise Terms limits a non-waivable right to bring a qualifying claim in small claims court, seek legally available provisional relief, communicate with a governmental authority, or exercise another right preserved by the HPLY Terms of Service or applicable law.
40. Consumer Rights
Nothing in these Merchandise Terms waives, restricts, or limits a consumer right that applicable law does not permit HPLY to waive, restrict, or limit.
Where mandatory consumer law provides a right to cancellation, refund, replacement, repair, re-performance, warranty coverage, product-safety remedy, or other protection, that law controls notwithstanding a contrary discretionary return, final-sale, warranty, refund, or liability provision in these Merchandise Terms.
41. Fraud Prevention and Transaction Review
HPLY and its providers may review orders, returns, redemptions, payments, accounts, devices, addresses, and other relevant information for fraud, abuse, account compromise, payment risk, sanctions compliance, inventory manipulation, or other legitimate security or transaction purposes.
HPLY may delay, reject, cancel, restrict, or investigate a transaction where reasonably necessary to address suspected fraud, payment abuse, sanctions concerns, security risks, inventory manipulation, or unlawful activity.
HPLY is not required to disclose confidential fraud-prevention rules, security methods, scoring models, or investigation criteria where disclosure could facilitate abuse.
42. Changes to Merchandise Offerings
HPLY may add, modify, discontinue, replace, or restrict merchandise, loyalty programs, Gold Collection products, redemption opportunities, or other commercial functionality prospectively.
HPLY does not guarantee that a particular product, loyalty program, redemption method, product category, or commercial feature will remain available.
Changes do not eliminate rights arising from a completed transaction where applicable law or the applicable transaction terms require those rights to continue.
43. Changes to These Merchandise Terms
HPLY may update these Merchandise Terms prospectively in accordance with the amendment provisions of the HPLY Terms of Service and applicable law.
HPLY may provide notice of material changes where required by law.
Changes do not retroactively alter rights or obligations arising from completed purchases except where applicable law permits or requires otherwise.
Continued use of merchandise or loyalty functionality following an update constitutes acceptance only where permitted by applicable law.
44. Severability and Waiver
If a provision of these Merchandise Terms is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted by applicable law or severed to the minimum extent necessary, and the remaining provisions will remain effective.
HPLY’s failure or delay in enforcing a provision does not waive that provision or HPLY’s right to enforce it later.
Any waiver must satisfy the applicable requirements of the HPLY Terms of Service.
45. Assignment
Assignment of rights and obligations relating to these Merchandise Terms is governed by the HPLY Terms of Service.
Nothing in this Section limits a purchaser’s non-waivable rights relating to a particular product, warranty, or consumer claim.
46. Force Majeure
HPLY is not responsible for delay or failure in performance caused by circumstances beyond its reasonable control, including severe weather, natural disasters, fire, flood, epidemic or pandemic conditions, labor disruptions, war, terrorism, civil unrest, governmental action, sanctions, cyberattacks, carrier disruption, utility failure, cloud-service outages, payment-network failures, manufacturing interruptions, supply-chain disruption, port congestion, customs delays, or similar events.
This Section does not excuse any shipment, cancellation, refund, recall, product-safety, or other obligation that applicable law requires despite the event.
47. Survival
Provisions that by their nature should survive completion, cancellation, return, refund, account termination, or discontinuation of merchandise functionality survive to the extent necessary to fulfill their purpose.
This includes provisions concerning payment obligations, refunds, intellectual property, fraud, product safety, privacy, liability, indemnification, disputes, records, and general legal terms.
48. Entire Agreement and Order of Precedence
These Merchandise Terms, together with the HPLY Terms of Service and other agreements and disclosures applicable to the relevant transaction, constitute the agreement governing HPLY merchandise and loyalty transactions.
If a product page, checkout disclosure, promotion, express warranty, loyalty-program term, or other transaction-specific term expressly governs a particular merchandise-specific subject, that more specific term controls that subject to the extent of a direct conflict.
The HPLY Terms of Service remain the generally applicable master agreement.
49. Contact Information
Questions concerning merchandise orders, returns, exchanges, refunds, loyalty redemptions, product safety, or these Merchandise Terms may be directed to:
HPLY Inc. 3517 Camino del Río South Suite 215, Mailbox #83 San Diego, CA 92108 United States
Email: support@hply.org