General Terms and Conditions
Conditions of Use
Welcome to Warm Heart online. We provide you access to and use of our website subject to the following conditions. If you visit or shop at Warm Heart online, you accept these conditions.
Privacy
Please review our Privacy Statement. It defines the terms and conditions under which Warm Heart collects and uses your private information.
Electronic Communications
We are an online entity and when you visit our site, engage in transactions with us or email us, you also agree to accept our electronic communications with you. Furthermore, you also agree that all terms and conditions, agreements, contracts, signatures, and other communications that follow from your use of our site and our electronic intercourse shall be binding and satisfy any legal requirement that such communications be in writing and shall have the same legal standing as written documents.
Copyright
All text, proprietary graphics, product images and product designs Copyright © Warm Heart Worldwide 2009. All rights reserved and protected by United States and international copyright laws.
Permission is granted to electronically copy and to print in hard copy portions of this Website for the purposes of promoting the activities of Warm Heart Worldwide and Warm Heart Foundation (Thailand), grassroots community development, microenterprise as a strategy for poverty reduction and the sustainable improvement of the quality of life in poor communities. Any other use of materials on this Website—including reproduction for purposes other than those noted above, modification, distribution, or republication—without the prior written permission of Warm Heart Worldwide is strictly prohibited.
Trademarks
WARM HEART, WARM HEART WORLDWIDE, WARM HEART ONLINE, RE.WRITE, and other Warm Heart graphics, logos, page headers, and product line names are trademarks, registered trademarks or trade dress of Warm Heart Worldwide in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not Warm Heart’s, in any manner that may cause confusion among customers, or in any manner that may cast Warm Heart in a bad light.
License and Site Access
Warm Heart grants you a limited license to access and make personal use of this site. Other than simple page caching, you may not download all or any portion of our site, or modify it in any way without the express consent of Warm Heart. Your right to make personal use of our site does not permit you resell products purchased from us or otherwise use our site for commercial purposes. You may not collect, reproduce or use product descriptions, listings or prices from the site, whether manually or by electronically scraping, for your own use or that of another business.
Your Warm Heart Online Account
If you create an account on our site, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. Warm Heart sells products for children, but does not permit purchases by individuals under 18. If you are under 18, please arrange with a parent or guardian to make credit card purchases for you. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Risk of Loss in Shipment
All items purchased from Warm Heart are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
We do our best to provide accurate, complete and current descriptions of our products. We also recognize that because most of our products are made by individual artisans, they can vary dramatically. If the product you receive is not as described, your sole remedy is to return it in an unused condition.
Pricing
Prices on our site reflect both the normal costs of doing business and Warm Heart’s special developmental mission. In brief, our price structure is composed of the following elements:
- Product cost (purchased at retail from the artisan)
- Handling (producer relations, product collection, packing)
- Shipping
- Customs
- Mark-up
Warm Heart splits the net profit 50:50 with our artisans. With our half of the profits, Warm Heart invests in the development of new microenterprises. Our artisans use their Warm Heart profits – which in many cases triple their earnings – for many things. They invest in growth, they buy into the Thai national social insurance system and they raise their own wages.
Disclaimer of Warranties and Limitation of Liability
This site and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by Warm Heart on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Warm Heart disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; its servers; or e-mail sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or 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.
Applicable Law
By visiting Warm Heart online, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Warm Heart.
Disputes
Any dispute relating in any way to your visit to Warm Heart or to products or services sold or distributed by us in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Middlesex County, New Jersey, and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, and Severability
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.