Terms & Conditions

GENERAL INTRODUCTION

Welcome to the www.hypex.ca website (the "Site"). These terms & conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
This website is owned and operated by Hypex. For the purposes of this website, "seller", "we", "us" and "our" all refer Hypex. The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.
You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.

TERMS AND CONDITIONS OF USE

AGE RESTRICTION

You confirm that you are at least 18 years of age or over the age of majority in the jurisdiction in which you reside and be lawfully able to accept the Terms and Conditions.
Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.
Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Certain services and related features that may be made available on the Site may require registration. Should you choose to register for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

PROHIBITED USES

You may use the website only for lawful purposes and in accordance with these terms of service. You agree not to use the website:

  • In any way that violates any applicable national, federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data, software, or goods to and from Canada or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material that does not comply with the permitted use set forth in these terms of service;
  • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate Hypex, a Hypex employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by Hypex, may harm Hypexor users of the website or expose them to liability.

Additionally, you agree not to:

  • Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website;
  • Use any robot, spider, crawler, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website;
  • Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the website;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website;
  • Attack the website via a denial-of-service attack or a distributed denial- of-service attack;
  • Attempt to reverse engineer or jeopardize the correct functioning of the website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the website; or
  • Otherwise attempt to interfere with the proper working of the website

USER SUBMISSIONS

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall 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 Submissions. We may, but shall not be obligated to, remove or edit any Submissions. By completing an order or signing up, you agree to receive a) emails associated with finalizing your order, which may contain relevant offers from third parties, and b) emails asking you to review Hypex and your purchase and c) promotional emails, SMS and push notifications from Hypex. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email Customer Service email address by country.

INFORMATION AVAILABLE ON WEBSITE

You accept that the information contained in this website is provided as is, where is, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions. We make no representations as to the merchantability of any products listed on our website, and we hereby disclaim all warranties, whether express or

implied, as to the merchantability and/or fitness of the products listed on our website for any particular purpose. We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.

ACCESSIBILITY OF WEBSITE

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

LINKS AND THIRDS PARTY WEBSITES

We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

INTELLECTUAL PROPERTY

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorised use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

DATA PROTECTION

Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site.

INDEMNITY

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in Canada. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Canada and to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Canada in English and governed by Canadian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Hypex in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

SEVERABILITY

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

MISCELLANUOUS PROVISIONS

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.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

TERMS AND CONDITIONS OF SALE

GENERAL STATEMENT

You confirm that you are at least 18 years of age or over the age of majority in the jurisdiction in which you reside and be lawfully able to accept the Terms and Conditions. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase.
These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.

DESCRIPTION OF SERVICES

  • We provide Services via the Website to assist Users (“ Buyers”) seeking to purchase quality sneakers and street wears and associated products (collectively, the “Products”).
  • The Website operates as a neutral venue allowing other Users who are manufacturers, distributors, and/or direct sellers (collectively, the “Sellers”) of Products to advertise and offer their Products for sale to Buyers via the Website’s interface.
  • The Website further allows Buyers to research, search or shop for, customize, order, and purchase the Products offered by the Sellers. Buyers may, but need not, create accounts and purchase Products from the Sellers via the website.
  • While Sales transactions may be effected directly through the Hypex Website, Hypex merely promotes and advertises Products for sale, serves as a point of contact between Sellers and Buyers, facilitates the exchange of information between Sellers and Buyers, assist Buyers in facilitating payments and transmitting funds to Sellers, and assisting Buyers and Sellers with logistical matters. Unless otherwise stated, Hypex does not own, keep in inventory, or manage any Products listed on the Website, nor is Hypex ever a party to any contract between Buyer and Seller for the sale or purchase of any Products listed on the Website. Hypex serves only as a platform for the purpose of facilitating and coordinating payments, shipments, and communication between Buyers and Sellers.

While Hypex works closely with Sellers and takes steps to verify their legitimacy, Hypex is not a party to the transaction(s) between Buyers and Sellers. As such, Hypex has no control over:

  • The quality, safety, or legality of the Products advertised on the Website;
  • The truth or accuracy of Products specifics or details that are provided by the Seller;
  • The origin or authenticity of any Products advertised or offered on the Website;
  • The legal or regulatory compliance of any sale of Products;
  • The ability of Sellers to sell Products;
  • The method, form, delivery of shipped Products;
  • The use, misuse, or defects of Products; or
  • The acts or omissions of Sellers.

FORMATION OF CONTRACT

Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

ACCEPTANCE OF ELECTRONIC DOCUMENTS

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.

PRODUCT INFORMATION

Prices of goods and services and delivery and other charges displayed on the web site are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the web site is accurate, complete, reliable, current or error free.

PLACING AND ACCEPTING ORDERS

Orders will not be dispatched until payment in full has been received and we're satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, we are not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email or call you on phone for Order Confirmation for the sole purpose of confirming the details of your order. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

CANCELLATION BY US

We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

CANCELLATION BY YOU

If you need to cancel an order, please contact us immediately. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

PAYMENT AND PRICING

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

LIABILITY OF PARTIES ON THE HYPEX MARKETPLACE

We also operate a marketplace which is open for third-parties to sell their products on our website. None of the products listed on the Hypex Marketplace are owned or sold by us, neither are we involved in the actual sale transaction between the buyers and sellers on the Hypex Marketplace. The buyer and seller agree that we would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the Hypex Marketplace.

PAYMENT SECURITY POLICY

Our Payment Service Provider is highly secured and efficient. It provides a secure payment gateway, processing payments for thousands of online businesses, including ours. It is our payment service provider’s utmost priority to ensure that transaction data is handled in a safe and secure way. It complies with security standard to the highest level and maintains regular security audits. It is also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable. So when buying through our site, you can be sure that you are completely protected.

EXCHANGE/REPLACEMENT POLICY

If you would like to exchange your product for something else we are happy to do so. The only conditions applying to exchanges are as follows:

  • All products must be unused and in their original condition (including all original packaging).
  • You must complete your exchange within 7 days of the date of your order. The customer is responsible for the costs of sending products back to us whilst the replacement products will be sent free of freight.
  • Any difference in price of the replacement products will be refunded or charged accordingly.
  • The original shipping costs to you are not refunded.
  • In most cases you will pay for shipping of new product for you dependent on location.

DAMAGED PRODUCT

If your product is damaged in anyway please just give a call to our customer care service and we can arrange for replacement to be sent. There is a maximum amount a customer can claim on damaged good. No damages will be paid without photographic evidence and customers must notify us in writing. All damages are to be claimed within 7 days of receipt of the damaged goods.

RETURN POLICY

Please Note: Before returning damaged or faulty goods we request that you contact us.

  • All damages or shortages must be reported to us within 7 days of receipt of goods.
  • No refund will be made for damaged, faulty or stock shortages but an exchange will be made available.
  • We cannot be held liable for orders shipped in good faith to an incorrect address due to wrong details having been entered on your registration form.

RETURNS AND EXCHANGES POLICY

We hope you will be totally satisfied with anything you buy from our website. If, for any reason you are unhappy with your purchase, you can return it unused within 7 days of the date of despatch. The date the items were despatched to you by us will be detailed in the documentation with your order. Please ensure that all items are returned in their original packaging with their labels intact.

You must inspect all goods delivered to you immediately on receipt and in any event within 7 days of delivery.

You must within 7 days of delivery notify us of any alleged defect, shortage or other shortcoming in the goods which shall otherwise be deemed to have been delivered in accordance with your order.

If you properly reject any goods which are not in accordance with the contract between us you must nevertheless return the goods to us post-paid.

You may exchange the item for something else, subject to stock availability. If you wish to exchange an item, you will have to pay any difference in cost of the item and any additional delivery cost. We will tell you what this is so you can arrange payment.

RETURN PROCEDURE

When returning goods, please include your order number, full name and reason for return.
Please wrap your parcel in its original packaging and securely to avoid damage in transit back to us. Please note we cannot accept an item for exchange if it has been damaged in transit to us. In any event, damaged or used items will not be exchanged nor will a refund be made.
If returning items in an order where the initial order qualified for a free gift the free gift must be returned in an unused condition too. Any items returned without the qualifying free gift will not be refunded.

DELIVERY

You will receive an email or phone call a day after your order has been sent containing the parcel number and a link to receive the parcel.
Items must be signed for as they cannot be left unattended. It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter a wrong address, we are not obliged to re-send the order to the correct address at our expense.
It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived, we will lodge enquiries with our delivery partners to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not despatch a replacement item until we have resolved the problem. Replacement items will be dispatched according to our discretion.

We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.

You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

BUYER OBLIGATION

As a buyer, you are obligated to pay for any items you order. To be an eligible buyer you must have a billing address and shipping address within one of the countries that Hypex supports. If your address is outside the Canada, then you will be responsible for picking up your package and for paying all customs, duties, taxes and any other related fees in addition to the international shipping charges; you will be solely responsible for compliance with all customs requirements on import; and, when placing your order, you authorize us to appoint an agent to file the customs declarations on your behalf. In general, we charge your credit card immediately upon purchase and hold the funds in escrow until the transaction is complete, at which time we pay the seller. You will not receive any interest on the escrowed amount. You might be required to pay certain fees as described when placing your Buy Order, as updated from time to time. If your payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, card is cancelled, chargeback is requested), Hypex reserves the right to do any or all of the following, in its sole discretion:

  • charge buyer’s credit card an additional amount equal to 15% of the transaction amount;
  • cancel any or all of buyer’s orders pending through the Services;
  • withhold refunds or payments due to buyer;
  • place limits on buyer’s buying and selling privileges;
  • charge buyer’s credit card for costs, expenses and fees incurred by Hypex as a result of buyer’s action or inaction; and
  • temporarily or permanently suspend buyer’s account. All sales are final once the item is authenticated and delivered, and no refund requests will be honored regardless of the current value of the item. If you experience a problem with your purchase or an item, please contact us at info@hypex.ca. If there is a problem with an item you received, you must contact us in writing within 3 days after receiving the item with a detailed description of the problem.  Hypex verification tags or stickers that are attached to items must not be removed, or the items will not be eligible for return or exchange under any circumstance (including damage in transit).

SELLER OBLIGATIONS

By listing an item for sale, you are making a binding offer to sell that specific item to a buyer who purchases the item for the Ask price you have specified and to ship the item. When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to deliver that exact item for the specified price. Sellers must ship items via the shipping carrier designated by Hypex within the specified timeframe provided in the sale confirmation email and must obtain a receipt from the shipping carrier to verify shipment of item. Hypex will provide you with a shipping label with such carrier after your Ask is matched by a buyer. You are obligated to monitor your inventory and ensure all listings are accurate. Once an order and Ask are matched, under no circumstances may a seller cancel the listing. Failure to fulfill your orders will result in additional charges to you, including an additional charge equal to 15% of the transaction amount. If a seller fails to deliver items to Hypex in accordance with these Terms, Hypex reserves the right to do any or all of the following, in its sole discretion:

  • charge seller’s credit card an additional amount equal to 15% of the transaction amount as a service fee;
  • remove any or all of seller’s listings from the Services;
  • cancel any or all of seller’s orders pending through the Services;
  • withhold any payments due to seller;
  • place limits on seller’s buying and selling privileges;
  • charge seller’s credit card for costs, expenses and fees incurred by Hypex as a result of seller’s action or inaction, including charging seller for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by Hypex, rerouting charges imposed by carriers, and refunds to the buyer; and
  • temporarily or permanently suspend seller’s account.

As a seller, you are required to ensure that the item you are listing exactly matches the image on the New Ask page. If Hypex or a buyer reasonably determines that your item does not conform to the description (including, without limitation, meeting the applicable Condition Standard), or is counterfeit, then we will charge your credit card an amount equal to 15% of the transaction amount as a service fee, plus additional amounts or, as determined in Hypex’s discretion, charging you for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by Hypex, rerouting charges imposed by carriers, and refunds to the buyer.
Hypex has no obligation to return items that do not conform to the description (including, without limitation, meeting the applicable Condition Standard), or are counterfeit (in which case, Hypex may turn those items over to the proper authorities) at your cost. Hypex will pay you within thirty (30) days after the sale is complete, which occurs when the buyer receives the item. To get paid more quickly, ship your items immediately after your Ask is matched by a buyer.

LIMITATIONS AND RESTRICTION

Hypex does not provide any guarantee on the following:

  • that your items will sell will not provide any compensation for items that do not sell through our Services;
  • how long it will take for a listing to appear in the Services after it is posted and is not responsible for unsold items resulting from any listing delays.

Hypex conducts periodic scheduled maintenance as well as unscheduled emergency maintenance from time to time. During maintenance periods the Services (or portions thereof) may be temporarily unavailable.

You must not do any of the following:

  • use our Services to solicit sales outside of Hypex or to contact any user of the Services;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services;
  • upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
  • engage in abusive treatment of other users of the Services or any Hypex employee;
  • create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Hypex representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  • delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  • use any of the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  • upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  • violate any applicable local, state, national or international law;
  • upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
  • delete or revise any material posted by any other person or entity;
  • register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
  • harvest or otherwise collect information about others, including e-mail addresses;
  • use Hypex’s trademarks without our written permission;
  • commercialize all or any part of the Hypex Services;
  • use any modified versions of Services, for any reason whatsoever, without the express written consent of Hypex;
  • upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  • use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission;
  • take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services;
  • attempt to gain any unauthorized access to the Sites or the Services, including computer systems, software, or networks;
  • probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
  • bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Services; or
  • do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace.

Hypex reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or account. Hypex may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy or applicable law, Hypex reserves the right at all times to disclose any information as Hypex deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hypex’s sole discretion. You also agree to reimburse Hypex for any damage, loss, cost or expense Hypex incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose.

AUTHENTICATION; SHIPPING AND HANDLING

As part of the purchase transaction, the seller will ship the item to Hypex and Hypex will visually inspect the item and use commercially reasonable efforts to confirm it is authentic. If Hypex determines the item is authentic, Hypex will ship the item to the buyer. If Hypex cannot reasonably confirm the authenticity of the item or determines it is not authentic, then we will notify the buyer and the seller that the item is not authentic and will issue a refund to the buyer. Additionally, Hypex has the right to reject any item for any reason, including but not limited to, authenticity or damage of the item. Hypex policy requires sellers to ship items within the specified timeframe provided in the sale confirmation email after purchase. However, because Hypex cannot control the amount of time it takes for the item to reach Hypex, we cannot guarantee a specific delivery timeframe for any items and therefore, buyer is not permitted to cancel the purchase if the item does not ship from the seller within the specified timeframe in the sale confirmation email after purchase. Once we receive the item from the seller it generally takes 1-2 business days for us to authenticate the item and ship it to a buyer. If a buyer does not receive an item, the buyer shall promptly report the issue to Hypex within 2 days of the latest estimated delivery date. Hypex has the right, in our sole and absolute discretion to refuse to accept returns or other refunds and/or to charge restocking fees for returned or abandoned items.

COUNTERFEITS, FRAUD, AND MARKET MANIPULATION

Hypex takes counterfeiting, fraud and market manipulation very seriously. If a seller provides a counterfeit item or attempts to defraud any buyer or Hypex, Hypex reserves the right to do any or all of the following, in its sole discretion:

  • remove any or all of seller’s listings from the Services;
  • cancel any or all of seller’s orders pending through the Services;
  • withhold any payments due to seller;
  • place limits on seller’s buying and selling privileges;
  • charge seller’s credit card for costs, expenses and fees incurred by Hypex as a result of seller’s action or inaction, including charging seller for the cost of replacement items, the value of coupons and gift certificates provided to the buyer, reprinting fees incurred by Hypex, rerouting charges imposed by carriers, and refunds to the buyer;
  • ship the item back to the seller at the seller’s cost;
  • provide the counterfeit items to law enforcement or destroy the counterfeit items,
  • temporarily or permanently suspend seller’s account, and
  • charge Seller’s credit card an additional amount equal to 15% of the transaction amount as a service fee.

Seller hereby agrees that each of the foregoing remedies are reasonable and justified upon Hypex’s discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g., negligent fraud). Seller understands and agrees that if we provide the counterfeit item to law enforcement, seller’s communications and any property claim with respect to that item must be solely with that law enforcement agency and not with us. We may also use fraud protection measures, including algorithms and automated systems to monitor for fraud, which might result in cancellation of listings or sales or account suspension. If this occurs in error please contact us at info@hypex.ca. We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes through Hypex.

If a buyer receives an item that it believes to be counterfeit, the buyer must notify Hypex in writing within 3 days after receiving the item, and we will commence an investigation into the item. The buyer shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, providing the item to law enforcement, destroying the item, or delivering the item back to us, at our direction. If we elect to have the buyer destroy the item, the buyer shall provide reasonable proof of destruction to us. We will refund all fees and costs paid by the buyer for the item (including shipping and handling). In no event may a buyer resell any item (on Hypex or elsewhere) that is reasonably believed to be counterfeit.

Hypex may monitor the integrity of the Hypex marketplace and may take steps to protect the marketplace as determined by Hypex in its sole discretion (e.g., if Hypex believes a seller or buyer is engaging in market manipulation or fraud, including creating false or “dummy” accounts). If Hypex believes that a seller or buyer attempts to interfere with the free and fair operation of the Hypex marketplace, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a product on the Hypex marketplace (all of the foregoing in Hypex’s sole discretion), then, without limiting any other rights of Hypex, Hypex reserves the right to do any or all of the following, in its sole discretion:

  • remove any or all of the user’s listings from the Services;
  • cancel any or all of the user’s orders pending through the Services;
  • withhold any payments due to the user;
  • place limits on a user’s buying and selling privileges;
  • charge user’s credit card for costs, expenses and fees incurred by Hypex as a result of the user’s actions;
  • notify law enforcement of the fraudulent activity;
  • temporarily or permanently suspend the user’s account .

MISCELLANEOUS PROVISIONS

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.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.

TRADEMARK INFORMATION

The trademarks, logos and service marks displayed on this Website are the property of Hypex or other third parties. You are not permitted to use the Marks without the prior written consent of Hypex or such third party which may own the Marks." Hypex" and the Hypex logo are trademarks of Hypex.
All other trademarks, trade names, or Hypex names referenced herein are used for identification only and are the property of their respective owners.

NOTICE OF COPYRIGHT INFRINGEMENT

If you have any complaints with respect to the infringement of your copyright, kindly contact us.

Where you believe that your intellectual property has been infringed upon on our website, please notify us by email. We expeditiously respond to all concerns regarding copyright infringements. We request that you provide the following information along with your complaint:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.
  • A proper description of the copyrighted work claimed to have been infringed.
  • A description of the location of the infringing material on our Website.
  • The address, telephone number or e-mail address of the complaining party.
  • A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.
  • A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying Hypex that your copyrighted material has been infringed.

BREACHES OF THE TERMS AND CONDITIONS

Without prejudice to Hypex other rights under the Terms and Conditions, if you breach the Terms and Conditions in any way, Hypex may take such action as Hypex deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

RELATIONSHIP OF THE PARTIES

Hypex is at all times a neutral venue operator that helps facilitate the interactions and transactions between sellers and buyers. Hypex does not buy, sell, offers to sell, or endorses any products. Hypex further does not represent any buyer or seller in any transaction or interaction.

EQUITABLE RELIEF

You acknowledge and agree that your breach of these terms of service would cause Hypex irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agrees that we may seek injunctive relief to prevent the actual, threatened or continued breach of these terms of service.

FURTHER INFORMATION

The website is operated by Hypex. All feedback, comments, requests for technical support and other communications relating to the website should be directed to info@hypex.ca