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Terms & Conditions

Terms of Service

Effective Date: January 1, 2024

 

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OVERVIEW

 

This website is operated by F.J. Hakimian, Inc. Throughout the site, the terms “we”, “us” and “our” refer to F.J. Hakimian or F.J. Hakimian, Inc. F.J. Hakimian, Inc. offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing our “Products” from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 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. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our website and e-commerce store is hosted on Digital Ocean the platform that allows us to provide and sell our products and Services to you.

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction including but not limited to copyright laws.

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECCTION 2 – INTELLECTUAL PROPERTY

 

You acknowledge, understand and agree that all our trademarks, copyrights, trade names, service marks, and other logos and any brand features, and/or product and service names are and shall remain the property of F.J. Hakimian, Inc. You herein agree not to display and/or use in any manner the F.J. Hakimian logo, marks or designs without obtaining our prior written consent.

 

We own or license from a licensor all materials, including images, illustrations, designs, icons, photographs, video clips, and any software concepts and documentation and other material on, in or made available through the Site ("Site Contents"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Contents. 

 

We will always respect the intellectual property of others, and we ask that all of our users do the same. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you must provide to us the following information:

 

a) Description of the copyrighted work or other intellectual property that you believe has been infringed upon.

b) Description of the location of the site which you allege has been infringing upon your work.

c) Your physical address, telephone number, and email address.

d) A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or by law.

d) A statement that the aforementioned information in your notice is truthful and accurate and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

 

The F.J. Hakimian Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: F.J. Hakimian, Inc. 145 East 57th Street 2nd Floor, New York, NY 10022  Attn: Copyright Agent Telephone: 212.371.6900 Email:  fjh@fjhakimian.com.

 

 

SECTION 3 - GENERAL CONDITIONS

 

We reserve the right to refuse service and the Services to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 5 - MODIFICATIONS TO THE SERVICE, PODUCTS AND PRICES

 

Prices for our Products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Services.

 

SECTION 6 - PRODUCTS AND SERVICES

 

Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to the Order Terms and Conditions.

 

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Please refer to our Order Terms and Conditions for further details.

 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders in our sole judgment and discretion.  

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Terms and our Conditions of Purchase.

 

SECTION 8 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

SECTION 9 - THIRD-PARTY LINKS

 

Certain content, products and Services available via our Services may include materials from third parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 - USER COMMENTS, FEEDBACK 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, manually monitor, edit or remove content that we determine in our sole discretion to be 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.

 

SECTION 11 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see: Privacy Policy

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

 

SECTION 13 - 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 Services or any related website for violating any of the prohibited uses.

 

SECTION 14 - 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 OR SERVICES 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. PLEASE SEE OUR PRODUCT TERMS OF PURCHASE FOR FURTHER DETAILS ON OUR PRODUCTS AND YOUR PURCHASE.

 

IN NO CASE SHALL F.J. HAKIMIAN, INC, 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.

 

SECTION 15 - INDEMNIFICATION

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHINTO LLC AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

 

SECTION 16 - 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.

 

SECTION 17 - 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).

 

SECTION 18 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 19 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York and the United States without regard to its conflict of law provisions and any and all claims, causes of action and/or disputes, arising out of or relating to the Terms of Service, shall be filed within the courts having jurisdiction within the County of New York, New York or the U.S. District Court. You agree to submit to the jurisdiction of the courts mentioned above and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

SECTION 20 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 21 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us directly.

 

Our contact information is posted below:

F.J. Hakimian, Inc.

145 East 57th Street 2nd Floor

New York, NY 10022 

212.371.6900

fjh@fjhakimian.com

 

Order Terms & Conditions

BY ACCEPTING ANY PART OF THE MERCHANDISE DESCRIBED IN YOUR ORDER, you agree to all the terms, conditions and instructions in this entire document including what is on the face of your Order. This document along with your Order Confirmation shall constitute the entire contract between us. Any demand by you for additional or different terms, or any statement made by you attempting to make your acceptance of this order conditional upon such demand, shall be of no effect, unless agreed upon by both parties in writing. These terms may be updated from time to time and we will provide notification of any updates.

  1. All orders are not valid or binding until you provide a Purchase Order and acknowledge acceptance by signing our Order Confirmation or by providing email confirmation of the Order Confirmation.
  2. All timeline, delivery terms and terms relating to the merchandise are addressed on the face of the Order Confirmation.
  3. No change or termination of your order shall be binding on us unless made in writing and signed by both parties.
  4. You acknowledge that due to the hand-made nature of the products, there can be reasonable delays in production. In the case of any delays, F.J. Hakimian will notify you in writing and will communicate further updates.
  5. Acceptance of merchandise upon inspection of the goods shall constitute acceptance under Article 2 of the Uniform Commercial Code (UCC) and considered conforming goods based on photographs provided to you by F.J. Hakimian. You acknowledge that due to the hand-made nature of the products certain elements of the product including color and design details may vary from the photographs and samples provided within certain tolerance. F.J. Hakimian reserves the right to cure any nonconforming details of the product within a reasonable period of time. Some products may require a longer period of time to adjust or modify.
  6. You acknowledge that you are aware of the purposes for which the merchandise is intended to be used.
  7. You have the right to return merchandise delivered hereunder at your sole cost and expense and you shall forego any refunds of payment made on account of said purchase. In exchange for the return, F.J. Hakimian will provide you with a full credit in the amount of the goods less any costs of inspection, handling, and additional storage. This credit will be valid for a period of one year.
  8. Should any merchandise differ in any way from the terms, specifications or warranties herein contained or implied by law, F.J. Hakimian shall have the right to cure the failure to conform to such terms, specifications and warranties.
  9. Acceptance of merchandise after the delivery date shall not be construed as a waiver of any rights. Risk of loss or damage shall pass to you when the goods sold hereunder are picked up from F.J. Hakimian.
  10. Once F.J. Hakimian notifies you of the delivery of the goods, you have up to 15 days to arrange for collection and delivery of the goods. If goods are not picked withing the 15 days, you will incur a $1,000 a month storage fee until the goods are collected.
  11. You agree that you will be responsible for shipping and transportation of the goods from the F.J. Hakimian showroom to your designated address. Any expenses which we may incur arising from your failure to provide correct instructions with regard to routing and deliveries set forth in the Purchase Order shall be charged to you. Title to the Products will pass and transfer to you upon pick-up of goods by your designated courier or carrier. F.J. Hakimian may require proof of insurance.
  12. F.J. Hakimian reserves the right at any time to make changes in any one or more of the following: (a) specifications for sizing to be provided; (b) methods of shipment or packing; (c) place of pick up, and (d) time of pick up. If any such change causes an increase or decrease in the cost or time required for the performance of this contract, an equitable adjustment shall be made in the contract price or delivery schedule, or both. Any claim by you for adjustment under this clause shall be deemed waived unless asserted in writing within ten (10) days from receipt by you of our change. Price increases or extensions of time for delivery shall be binding and agreed to by both parties.
  13. Once confirmed, all orders may not be canceled, nor may its terms be modified, amended, or waived except by written instrument executed by an officer of the party against whom said termination, modification, amendment or waiver is sought to be enforced. Email confirmations accepting the order terms can constitute confirmation and acceptance of the order. If this order is canceled for any reason whatsoever then paragraph 7 will govern. All negotiations, discussions and oral agreements between us prior to execution of this order or contemporaneously therewith are superseded by and deemed merged into the Order Confirmation. The F.J. Hakimian Order Confirmation shall supersede and be deemed to prevail over anything inconsistent therewith in any purchase order, invoice, statement or other communication rendered or issued at any time.
  14. F.J. Hakimian may cancel this order in whole or in part in the event of lockout, strike, unavoidable accident, riot, war, act of God, fire, flood, earthquake or any casualty whatsoever, whether similar or different, affecting any of our premises, property or facilities.
  15. The prices recorded on this order can be subject to any additional charges for packing or preparation for shipment or because of increased costs of operation, outside of what is stated on the Order Confirmation. This may occur in the case of change or undue delays on you part. You will be responsible for these additional costs, which will be agreed upon in advance. You will be responsible for any applicable local or federal taxes.
  16. A waiver of any term herein shall not constitute a waiver of any other terms, nor shall it constitute a waiver for purposes of any subsequent order.
  17. You agree not to assign any rights or delegate any duties hereunder except the right to receive payment for conforming merchandise. Any other assignment or delegation, whether by operation of law or otherwise, is void and not binding on us without our prior written consent. No assignment or delegation (including assignment of the right to receive payment), with or without notice, shall bar us from asserting against you or the transferee or both any claim against you whether or not arising out of this order and whether or not accrued at the time of assignment or delegation. Any adjustments made with you or returns made to you for credit shall be binding upon the assignee or delegate.
  18. You agree to appear, defend, through counsel reasonably satisfactory to us, indemnify and hold harmless us, our successors, assigns, customers and users of its products, from and against any and all actions, litigation, claims, liabilities, loss damages (whether indirect, incidental, consequential or otherwise), expenses or costs, including reasonable attorney’s fees, which may arise out of, relating to or be connected in any way with the sale and/or use, including misuse, of the merchandise covered by this order resulting including without limitation, liability based upon death or injury to any person or damage to property resulting from, arising or alleged to result or arise from or out of the sale and/or use or misuse of such merchandise.
  19. In the event you (a) determine or suspect the existence of a defect or deficiency in the merchandise herein which may result in a risk of personal injury or property damage to your customers, (b) receive notice, or reasonably believe that the merchandise herein, in any respect, violates any law, rule or regulation of any competent authority, or (c) receive notice, or reasonably believe, that the merchandise herein, in any respect, infringes upon any patent, copyright, trademark, or other intellectual property right, or that you or we are claimed to be unfairly competing as a result of the sale hereof, then in any such event you shall follow the protocol on our Terms of Use located on our website at Terms of Service that highlights the necessary steps and protocols to be followed.
  20. You acknowledge that in connection with this order you may receive certain confidential or proprietary technical, pricing and business information. You agree to maintain this confidential information in strict confidence and you shall not disclose this information to any third party except as may be necessary to perform the obligations under this order or may be required by law. This may include disclosure to your own employees, consultants, agents, representative, accountant, and attorney on a “need to know” basis.
  21. You acknowledge that F.J. Hakimian and its related entities are the sole and exclusive owners of the trademarks and copyrights related to this order unless specified different on the face of the order. FJ retains all rights to is trademarks, copyright and any other intellectual property rights hereunder. You agree and acknowledge that you shall not claim any interest in any of F.J. Hakimian’s intellectual property rights and the goodwill associated with them by virtue of this order, unless mutually agreed to in a separate agreement.
  22. No rules, regulations or agreements of any trade association or non-governmental bureau, nor any so-called trade customer, usage or practice, shall vary, affect or be applicable to this agreement.
  23. This contract shall be construed and endorsed in accordance with the laws of the State of New York. You hereby irrevocably consent to the jurisdiction of the United States District Court for the Southern District of New York and the Supreme Court of the State of New York, County of New York, over any action, suit or proceeding arising hereunder. You hereby irrevocably submit to the personal jurisdiction of such courts. When applicable the Uniform Commercial Code (UCC) will apply to transactions governed under this Agreement.

Privacy Policy

 

This Privacy Policy describes how fjhakimian.com (the “Site” or “we”) collects, uses, and discloses your Personal Information as defined below when you visit or make a purchase from the Site and or otherwise engage in our Services as defined in our Terms of Service.

 

We value our customers and are committed to protecting their privacy and informing them as to how their personal information will be used. As a general matter, we collect customer information in an effort to improve your shopping and advocacy experience and to communicate with you about our products, services and promotions, as well as other matters in which you may be interested. We recognize that we must maintain and use customer information responsibly. We have created this Privacy Policy to address our practices regarding the privacy standards that the Company utilizes to collect, retain, and use personal data obtained from individuals located within the United States and elsewhere in the world.

 

This Privacy Policy does not apply to other websites to which we may otherwise link, or to other companies, third-party vendors who provide services to us, or entities who might be listed as third-party contacts on this Website, each of which may be governed by their own privacy policies. This Privacy Policy also does not apply to information we may obtain from other sources about you. By using the Website and/or by contacting us and providing any personal information, you consent to the collection, transfer, storage, disclosure and use of information by us in accordance with this Privacy Policy. If we decide to change our Privacy Policy, we will post those changes on this page along with proper notification of that change.

 

We use your data to provide and improve the Services as defined in our Terms of Services. By using the Services, you agree to the collection and use of information in accordance with this policy.

 

 

MINORS

 

The Site is not intended for individuals under the age of sixteen. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

 

We are committed to protecting the privacy and rights of children online. We believe that children should be able to use the Internet in a safe, productive, and efficient manner and should be afforded the highest protection available with respect to their personal information. The Children’s Online Privacy Protection Act (“COPPA“) took effect on April 21, 2000 and imposes certain requirements on web sites directed toward children under 13 that collect information on those children, or on web sites that know they are collecting information on children under the age of 13. It is our policy not to collect personal information on any person under 16. If you are under the age of 16, you cannot become a registered user of our Sites, or use any service on our Sites that asks for personal information. Our Sites are not designed for children. If you register with us and we discover that you are under 16, we will delete your registration. We will send you a message if we do this. This policy is designed to protect children. Federal law requires us to take special steps to safeguard children’s privacy. To learn more about COPPA, consult the Federal Trade Commission’s COPPA web site www.ftc.gov or you may call 202/FTC-HELP.

 

COLLECTING PERSONAL INFORMATION

 

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information.” See below for more information about what Personal Information we collect and why.

 

Device information

 

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
  • Disclosure for a business purpose: shared with our processor Digital Ocean.

 

Order information

 

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Digital Ocean

 

Customer support information

 

  • Purpose of collection: to provide customer support.
  • Source of collection: collected from you.

 

 

SHARING PERSONAL INFORMATION

 

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above.

 

Server

 

  • We use Digital Ocean to power our website. You can read more about how our provider uses your Personal Information here: https://www.digitalocean.com/legal/privacy-policy.
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

 

Behavioral Advertising

 

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.

 

For example:

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
  • We utilize the following advertising services: Google, Facebook, Instagram. 

 

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

You can opt out of targeted advertising by:

 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

 

 

USING PERSONAL INFORMATION

 

We use your personal Information to provide our services to you, which includes the following information: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

 

Lawful basis

 

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

  • Your consent;
  • The performance of the contract between you and the Site;
  • Compliance with our legal obligations;
  • To protect your vital interests;
  • To perform a task carried out in the public interest;
  • For our legitimate interests, which do not override your fundamental rights and freedoms.

 

Data Retention

 

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

 

If we are not legally required to keep it, we generally discard information about Site visitors when no longer needed for the purposes for which we collect and use it. For example, we keep the web server logs that record information about a visitor to one of our user’s Sites — such as the visitor’s IP address, browser type, and operating system — for approximately 30 days. We retain the logs for this period of time in order to, among other things, investigate issues if something goes wrong on a user’s Site.

 

Automatic decision-making

 

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you. We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

 

Our processor Digital Ocean uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

 

Services that include elements of automated decision-making include:

  • Temporary deny list of IP addresses associated with repeated failed transactions. This deny list persists for a small number of hours.
  • Temporary deny list of credit cards associated with deny-listed IP addresses. This deny-list persists for a small number of days.

 

 

YOUR RIGHTS

 

General Data Protection Regulation (“GDPR”)

 

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

 

Transfer of Personal Information

 

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

 

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.

 

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 

CCPA

 

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below. If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

 

 

DISCLOSURE OF DATA

 

Business Transaction

 

If F.J. Hakimian, Inc. is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

 

Disclosure for Law Enforcement

 

Under certain circumstances, we may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities including a court or a government agency.

 

We may disclose your Personal Information in the good faith belief that such action is necessary to: (a) comply with a legal obligation,  (b) prevent or investigate possible wrongdoing in connection with the Services, or (c) to protect the personal safety of users of the Services or the public.

 

Service Providers

 

We may employ third party companies and individuals to facilitate our Services or provide the Services on our behalf or assist us in analyzing how our Services is used. These third parties may have limited have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

 

SECURITY OF DATA

 

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your data, we cannot guarantee its absolute security.

 

 

COOKIES

 

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

 

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

 

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible. Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org. Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.

 

Ad networks and analytics providers may set tracking technologies (like cookies) to collect information about visitors’ use of a Site and across other websites and online services, such as a visitor’s IP address, web browser, mobile network information, pages viewed, time spent on pages, links clicked, and conversion information. This information may be used by those companies to, among other things, analyze and track usage, determine the popularity of certain content, and deliver advertisements that may be more targeted to visitor interests. For more information on interest-based ads, including information about how visitors may be able to opt out of having their web browsing information used for behavioral advertising purposes, please visit aboutads.info/choices (US based) and youronlinechoices.eu (EU based).

 

 

DO NOT TRACK

 

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 

 

CHANGES TO OUR POLICY

 

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

 

CONTACT

 

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at or by mail using the details provided below:

FJ Hakimian, Inc.

145 East 57th Street 2nd Floor

New York, NY 10022 

212.371.6900

 fjh@fjhakimian.com

 

 

Last updated: January 1, 2024

 

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: https://ico.org.uk/make-a-complaint/.

Return and Refund Policy

 

All sales are considered final. Upon ordering a product and receiving it, you agree to be bound by the terms In the Order Terms and Conditions. Please refer to those terms for further information about your purchase.

 

In the event that you wish to return any merchandise, you may do so at your sole cost and expense, and you shall forego any refunds of payment made on account of said purchase.

 

In exchange for the return, F.J. Hakimian, Inc. will provide you with a full credit in the amount of the goods less any costs of inspection, handling, and storage. This credit will be valid for a period of one year.