Terms of Sale
Terms of Sale
ASH is a trading name of ASH (HK) LIMITED, a company incorporated in Hong Kong with registered address at Unit 1005-06, 10/F Tsim Sha Tsui Centre (West Wing), 66 Mody Road, Tsim Sha Tsui East, Kowloon, HONG KONG. This website is operated by Highline United, LLC, a Delaware limited liability company and its third-party licensors and affiliates.
We may modify the TOS from time to time. Please read the TOS and check back often. Your use of our Sites constitutes your agreement to be bound by the modifications. If you do not agree to any change to the TOS, you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify ASH immediately of any breach of security or unauthorized use of your account.
ASH may revoke your right to have an account at any time at ASH’s sole discretion.
ASH will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be liable for losses incurred by ASH or others due to such unauthorized use.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your legal name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details. BY SUBMITTING SUCH INFORMATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION AND YOU GRANT US THE RIGHT TO PROVIDE SUCH INFORMATION TO THIRD PARTIES FOR PURPOSES OF FACILITATING THE TRANSACTIONS INITIATED BY YOU OR ON YOUR BEHALF.
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. You shall remain responsible for any taxes that may be applicable to such transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, ASH reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
SUBMISSION OF YOUR ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
Orders placed through the Site may be declined or cancelled if a product is unavailable or out of stock. ASH will store a record of your transactions for a minimum of one year.
ACCEPTANCE OF YOUR ORDER
You will not be charged until your order is verified and payment has been authorized. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. However, ASH reserves the right to decline your order at its sole discretion, at any time, for any lawful reason, whether you have received a confirmation, or your credit card has been charged. Some of the reasons your order may be declined include, without limitation, if the goods are unavailable, if pricing is in error, if there are problems concerning credit, or if an issue of fraud is detected. We will contact you if we need more info.
If your order is declined, we will credit your credit card for any amount charged with respect to such order.
Prices shown on the Site are in US Dollars (USD $).
Taxes are calculated according to your shipping destination and itemized on the Order Summary page.
Product prices displayed on the Site do not include state taxes and shipping fees that may be applicable. As the recipient, you are liable for all local sales taxes levied by state you are shipping to. If you apply for a return or an exchange, shipping fees will not be refunded.
ASH reserves the right to change prices for products displayed on the Site at any time. The price of a product displayed on the Site at the time the order is accepted will be honored.
We may use a third-party payment services provider to process transactions made via the Site.
Payment can be made by Visa, MasterCard, American Express and any other methods which may be clearly advertised on the Site from time to time, including PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to www.us.ash.com. Payment will be debited and cleared from your account upon dispatch of your order by ASH. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to ASH, we will not be liable for any delay or non-delivery.
We reserve the right to withhold any order for security reasons. In such cases, we will notify any affected customers. We also reserve the right to cancel an order if we are unable to verify the shipping and billing information, or if we believe that the customer has placed an order with the intention of reselling the merchandise.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
To track one of your orders, you may click on the link on your order confirmation email.
Alternatively, you may sign into your Account on the Site to view your complete Order History, including the status of all your orders.
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we ship the goods to you.
Please note that we aim to ship all orders within 24 working hours, or 48 working hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. ASH is not responsible for any delays by the shipper or carrier, weather or other delays caused by any event outside of our control.
RISK OF LOSS
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss for such items pass to you upon our delivery to the carrier.
The Site offers products for purchase by you. In no event shall we be responsible or liable for any restrictions or limitations to the order placed hereunder arising out of or caused by, directly or indirectly, forces beyond our control, including, without limitation, strikes, work stoppages, accidents, pandemics, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
ASH retains all rights regarding its trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of ASH and its affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of this Site. Your misuse of the trademarks displayed on this Site is strictly prohibited. You are also advised that ASH will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
You shall NOT do any of the following: (a) attempt to modify or “hack” this Site; (b) access any area on this Site which you are not explicitly authorized to access; (c) interfere with, restrict or inhibit any other user from the use and enjoyment of this Site; (d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) collect or harvest personal information about other users of this Site; (f) access this Site through the use of an automated mechanism and extract data; (g) use this Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful; and (h) jeopardize the operation of computer systems owned by ASH or the reputation of ASH. ASH reserves the right, in its sole discretion, to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or terminate your use of this Site or your ASH account, for violation of this section or violation of any other terms herein.
By using this website, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of laws, will govern these terms and conditions, or any dispute of any sort that might come between ASH and you, or its business partners and associates.
Any dispute related in any way to your use of this website or to products you purchase from us shall be arbitrated by state or federal court of the Commonwealth of Massachusetts and you consent to exclusive jurisdiction and venue of such courts.
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY ASH OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ASH DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR ASH’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms of Sale and our other Site policies shall be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.
If any provision of these Terms of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms of Sale remain in full force to the extent permitted by law.