Terms of Service

These Terms of Use (“Terms”) are a legal agreement between You and Astarin, Inc. (“Astarin,” “we,” “us,” or “our”). We make our website (“Website”) available in order to provide You with information about our company, products and services, and also so that You can order our products. Your use of the Website, any related mobile applications, and our wind chimes delivery service (collectively, the “Services”), are subject to these Terms. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. If You continue to use the Website or the Service after we post an update to these Terms, You indicate Your acceptance of the updated Terms.

  1. Membership and account security

1.1 While You may browse the Website and order products as a guest user, to access certain services on the Website, You must submit an application to become a subscriber. You must be 18 years of age or older and legally capable of entering into binding contracts in order to apply, and we may accept or reject Your application in our sole discretion. If approved, when You create an account, You agree You are responsible for maintaining the confidentiality and security of Your account by, among other things: (i) ensuring that Your registration details are true, up to date, and accurate; (ii) not sharing Your password, letting anyone else access Your account, transferring Your account to any other person, or taking other actions that might jeopardize the security of Your account.

 

1.2 You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding Your use of our Services and Your purchase of products or services through them. We reserve the right in our sole discretion to disable Your account at any time if You violate these Terms.

 

1.3 When You visit the Website or send e-mails to us, You are communicating with us electronically. By doing so, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. In addition, by using our Services, you consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with your account.

  1. Purchase of Products.

You may purchase Products in our online store accessible on the Site. We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. Astarin may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

2.1 Payments

When you purchase a Product and make a payment via the Site (each such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor, if applicable) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that (i) you are duly authorized and have the legal right to use all payment method(s) represented by any such Payment Information, (ii) the Payment Information is true, correct and complete, and (iii) you have sufficient funds or credit available upon your initiation of a Transaction to ensure that the purchase price will be collectible by us. When you initiate a Transaction, you authorize us to provide your Payment Information to our third-party payment processor so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

 

By purchasing, accepting or using a gift card (“Gift Card”) to pay for Products or Services, you agree to be bound by the terms and conditions associated with your Gift Card. Please see the Gift Card terms and conditions located at https://www.astarinchimes.com/legal/gift-card-terms.

 

2.2 Prices

 Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you access the Site. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to taxes, pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may also change prices for Products at any time without notice.

 

2.3 Promotions

 We may offer promotions from time to time on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the terms specific to the promotion will govern.

 

Credit. You may receive credit (“Credit”) from Astarin, for example, if you return a Product and elect to receive credit rather than a refund or through our Refer a Friend program (but credit cannot be purchased). Credit can be redeemed in-store or applied to an order placed through your Account. Purchase amounts that exceed the value of the Credit will require an additional method of payment to cover the balance of the purchase price. Credit does not expire. You can check your Credit balance by logging into your Account or by contacting help@astarinchimes.com.

 

2.4 Shipping

Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Applicable shipping rates will be displayed during the checkout process and you will pay all displayed shipping and handling charges. Shipping restrictions apply (please visit www.astarinchimes.com/shipping for more information). Title and risk of loss pass to you upon our transfer of the Products to one of our third-party shipping partners for shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

2.5 Returns

 You may return Products that you purchase via the Site in accordance with Astarin’s return policy available on the Site (please visit www.astarinchimes.com/shipping for more information).

 

2.6 Third Party Websites

 The Site may contain links to third-party websites, services or other resources on the Internet that are not owned or controlled by Astarin (“Third Party Websites”). The content of such Third Party Websites is developed and provided by others. You should contact the site administrators for those Third Party Websites if you have any concerns regarding such links or any content located on Third Party Websites. If you decide to access Third Party Websites, you do so at your own risk. Astarin has no control over, does not make any representations regarding, and assumes no responsibility for, the content, accuracy, privacy policies, materials, or practices of or opinions expressed in any Third Party Websites. In addition, Astarin will not and cannot monitor, verify, censor or edit the content of any Third Party Website. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any Third Party Websites.

 

3 User Comments, Feedbacks and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

  1. Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Astarin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

  1. Indemnification

You agree to defend, indemnify, and hold harmless Arstarin, its vendors and their affiliates and related entities, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to Your breach of these Terms, Your access to or use of the Website or the Services, or Your violation of any third-party right. You are solely responsible for interactions with other users of the Website. To the extent permitted by applicable law, You hereby release Astarin from any and all claims or liability related to any product or service of Astarin and any conduct, action, or inaction by Astarin or another user of the Website or the Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Website or the Services or any product or service provided to You arising out of or relating to Your use of the Website or the Services.

 

  1. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

  1. General terms

 

  • Entire Agreement

Except as expressly agreed by Astarin and you, these Terms, including any terms and conditions incorporated by reference herein, constitute the entire agreement between us with respect to the subject matter herein, and supersedes all prior or contemporaneous agreements, whether oral or written between Astarin and you with respect to the subject matter. You may not assign or transfer these Terms, by operation of law or otherwise, without Astarin’s prior written consent, which may be granted or withheld in Astarin’s sole discretion. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Astarin may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

  • Notices

Any notices or other communications provided by Astarin under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

  • Waiver of Rights

Astarin’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Astarin, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

  • Compliance with laws

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

 

  • Release

To the fullest extent permitted by applicable law, you release Astarin from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

  • Force Majeure

 Astarin will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic or other public health concern, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

  1. Contact Information. If you have any questions about these Terms, the Products or the Services, please contact Astarinat terms@astarinchimes.com.
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