Terms and Conditions

The terms and conditions herein are the Terms of Use (hereinafter “Terms”) given by the Hailey & Zhang LLC, a California Limited Liability Company, doing business as Hagglebulk (“Hagglebulk”). Users of the Hagglebulk website and service are advised to read the Terms carefully, as they shall apply to all visitors, users, and clients of the website and service. By accessing or using the Hagglebulk Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services. You should promptly discontinue use of the Services.

  1. The ServiceThe Hagglebulk website and services offered through the website (“Services”) is to facilitate business-to-business (“B2B”) sales of raw materials as may be offered from distributors, suppliers, and other companies. Inventory offered may include overstocked items or items nearing their expiration.

  2. Use of the Services By using the website, you represent and warrant that you are over the age of 18, that you are able and willing to abide by the terms and conditions herein, and that you accept that we may track or monitor your activity on the website, collect and use your information, and send mailers to you when necessary.

  3. Privacy Policy By accepting these Terms, you accept our Privacy Policy, which can be found on the Hagglebulk website.

  4. User Account Users represent that they are qualified for creating an account on the Hagglebulk Services. Account creation requires specific information, including name, email address, and other factors that may be expanded or removed as needed. When creating your account, you must utilize the email provided and verify your account creation via the email that will be directed to you. Failure to do so will result in the denial of account creation.

  5. Payments Hagglebulk shall charge your account via your preferred and provided financial information. We utilize third-parties and do not have access to your information in any manner. You must also comply with all applicable third-party terms of service when using the Hagglebulk Services, including the terms of use when charging credit or debit cards, making direct deposits, instructing a third-party to make a wire transfer, or any other form of transferring monetary instruments from your accounts to Hagglebulk.

  6. Lending Process In the event that you require a line of credit, Hagglebulk will be open to extending such line of credit. The terms of such credit shall be determined at the time of you placing the request, but shall be subject to no more than 12 months to repay the line of credit, may be subject to a reasonable request for collateral, and may be subject to compounding annual interest.

  7. Age Requirements Hagglebulk asserts that its Services are for the use and enjoyment for those over the age of 18. Those who are under 18 may use this service solely with the express permission of their parent or legal guardian. Should Hagglebulk discover you are under the age of 18 and lacking permission, your account will be revoked immediately and your account information deleted.

  8. Ordering through our Service When placing an order, you shall follow the onscreen prompts and directions. Each order is an offer by us representing materials for sale, and your acceptance is contingent upon you providing payment and shipping information. You are solely responsible and Hagglebulk shall not be liable, for the information you provide. We shall acknowledge receipt of your order, either by a notification appearing on the website or via an email delivery to the email provided by you to us. Should we be unable to provide the materials you ordered, we will notify you as soon as possible by email and we will cancel the order. If payment was processed, we will refund the full amount in a timely manner.

  9. Delivery Hagglebulk solely ships to addresses within the United States of America. Under no circumstances shall Hagglebulk ship materials outside the U.S. nor knowingly aid a third-party in such export of materials. Hagglebulk asserts that in instances where International Trade in Arms Regulations or other regulations pertaining to terrorism, weapon exportation, or other controlled exports, Hagglebulk shall notify the relevant state and/or federal authorities. Hagglebulk, upon a purchase of materials being made through the Service will provide an estimate delivery date. All delivery dates provided are approximate and are not deemed ‘of the essence of time’. Upon receipt, signature, and payment of all materials, title transfers to you. Any loss or damage that occurs during shipping shall be your responsibility. Should you fail to accept delivery of the materials acquired we may resell the materials and deduct reasonable storage, handling, and other costs to you. In the event of our failure to ship the materials, our liability is limited solely to the cost of obtaining replacement goods of same or similar description and quality, in the least expensive manner possible.

  10. Returns Under no circumstances are returns accept. All sales are final.

  11. Our liability: your attention is particularly drawn to this clause11. Images The images on the Hagglebulk website may vary from what is presented and the final product that is delivered. This is due to the overstock nature of the inventory and the rapid turnover that may be present throughout the year. As such we make no promise that the materials will be packaged as pictured.

  12. Termination Hagglebulk reserves the absolute right to terminate your account and access to the Services in the event you breach these Terms, request deletion of your account, we are requested to do so by law enforcement, or in the event we discontinue the Services or your account. Your account may be deleted in the event of nonpayment of materials acquired under the Services, for failure to promptly respond to a notice from Hagglebulk regarding an invoiced amount owed, failure by you to accept delivery for some or all of the materials you acquired through the Services, if you or your company enter into administration, receivership, or other arrangement with your creditors or the bankruptcy courts in your jurisdiction, if your business is being wound down, if your business is restructured, if you threaten to suspend or suspends to continue your business as it relates to Hagglebulk, or your financial position deteriorates to such an extent that in our opinion you are no longer capable of fulfilling your obligations under these Terms.

  13. Content Ownership & Rights Hagglebulk asserts that it owns all content with the Services, unless clearly stated otherwise. Users may not and shall not copy, monetize, misuse, abuse, or misappropriate the content of Hagglebulk. Hagglebulk reserves the right to enforce its trademark, copyright, and trade secret rights whenever necessary

  14. Prohibited Conduct Users may not utilize the Hagglebulk Services to:

    1. infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

    2. violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

    3. engage in fraudulent, false, misleading or deceptive activity;

    4. engage in defamatory, obscene, pornographic, vulgar or offensive activity;

    5. engage in activity that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

    6. engage in activity that is violent or threatening or promotes violence or actions that are threatening to any person or entity;

    7. engage in activity that promotes illegal or harmful activities or substances;

    8. access, tamper with, or use non-public areas of the Services, Hagglebulk’s computer systems, or the technical delivery systems of Hagglebulk’s providers;

    9. attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by Hagglebulk or other generally available third-party web browsers;

    10. send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

    11. use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

    12. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

    13. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

    14. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

    15. collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

    16. impersonate or misrepresent your affiliation with any person or entity;

    17. violate any applicable law or regulation; or

    18. encourage or enable any other individual to do any of the foregoing.

  15. Warranty The Services are provided in “as-is” condition, without any warranty. Hagglebulk specifically disclaims any warranties of fitness for a particular purpose, quiet enjoyment, or non-infringement and any warranties arising out of course of dealing or usage of trade. Hagglebulk makes no warranty that the Services will meet your requirements or by available on an uninterrupted, secure, or error-free basis. Hagglebulk makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services within. Hagglebulk asserts that the materials sold through our Services are only for the purpose of distribution and are subject to sale in “as-is” condition. As such it is on you to inspect and resell all materials acquired. We make no representations or warranties relating to the fitness of use, marketability, or other suitability of the materials you acquire via our Services. Your sole recourse in the event materials are not to your needs is to consult with the manufacturer for resolution of the matter.

  16. Indemnification You will indemnify and hold harmless Hagglebulk and its officers, directors, and agents, from any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

  17. Limitation of Liability Hagglebulk represents that it is not engaged in any activity for which an ordinary user would experience harm. However, should any user of the Services suffer harm or injury, Hagglebulk expressly asserts it shall not be held liable for such harm unless it can be demonstrated that the harm arose from the gross negligence of Hagglebulk. In the event that you, the user, are the source of the harm, you shall be solely liable for such harm.

  18. Third Parties The Services may provide links to third party organizations, companies, and other entities. Hagglebulk is not liable for such third parties and users are strongly advised and encouraged to look to the privacy policy and terms of use of such entities in order to be aware of and understand their rights.

  19. Arbitration In the event of dispute, you agree and consent that any and all disputes shall be resolved via arbitration, under the rules of the American Arbitration Association, under the oversight of a mutually agreed upon arbitrator. Should the parties not be able to agree on an arbitrator, the American Arbitration Association may select an arbitrator at random. The parties agree that under no circumstances shall litigation be permitted. Users acknowledge and accept that they forfeit any and all right to a trial by jury or before the bench. All disputes shall be resolved solely by arbitration. Further, users agree they shall not seek to join, nor permit joinder, of their action to the action of another person. Users expressly accept that they shall not enter into class action litigation nor class arbitration. All disputes shall be resolves solely by singular arbitration. The arbitrator may render a reasonable decision within 10 days of hearing the dispute between the parties. Punitive damages, special damages, or any damages outside of the actual damages that can be identified with specificity, shall not be awarded.

  20. Fees The prevailing party in arbitration shall be entitled to reasonable attorney’s fees, costs of arbitration, and reasonable expenses. 20. Fees The prevailing party in arbitration shall be entitled to reasonable attorney’s fees, costs of arbitration, and reasonable expenses.

  21. Time Limitation By agreeing to these Terms, you expressly warrant and grant that any and all claims that may be raised shall be deemed to have expired and be unenforceable, nonactionable, and noncontestable after a period of one year from the time of the incident from which such claim may have arisen.

  22. Governing Law The law governing these Terms shall be the laws of the State of California, regardless of any conflicts of laws statute or regulation.

  23. Severability Should any provision of the Terms be held to be unenforceable by a competent court of law, such provision may be read as narrowly or broadly so as to give such provision full weight and effect. In the event such reading does not satisfy the court, then such provision shall be treated to have never been a part of these Terms and the remaining Terms shall continue to have full weight and effect.

  24. Notices In the event notice must be given, Hagglebulk shall render such notice by email. Notice will be presumed received after 72 hours from the time of sending such email or by the user acknowledging receipt of notice.

  25. Force Majeure Hagglebulk shall not be liable for force majeure events. Such events may include war, famine, natural disasters, Acts of God, or other events that were either unforeseeable or unpreventable, and Hagglebulk could not foresee or reasonably mitigate any of the potential liabilities that arose from such event.

  26. Assignment User may not assign or transfer any of their rights, responsibilities, or interests arising in or around these Terms. Any such attempt to make a transfer or assignment shall be immediately null and void.

  27. Waiver Hagglebulk’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 representative of Hagglebulk. 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.

  28. Modification Hagglebulk may, from time to time and solely at its discretion, modify the Terms herein. In such instance Hagglebulk will provide notice on the Services, by email, by notice on its website, or through another method by which it will do its due best to notify users of the modification. Should you disagree with the modification in the Terms, your sole recourse shall be to delete your account and cease your use of the Services.

  29. Entirety of the Terms The foregoing Terms shall form the entirety of Hagglebulk’s responsibilities to you, and your responsibilities to Hagglebulk. No representation, warranty, exhibit, promise, statement, assurance, or other evidentiary material shall serve as an amendment or modification to these Terms.

  30. Acceptance By continuing to use the Services you are deemed to have accepted the foregoing Terms of Use.

  31. Contact Us You may contact us with questions and/or feedback at info@hagglebulk.com.