Terms & Conditions

Last Updated: June 1, 2023

These Terms and Conditions ("Terms") govern your access to and use of the Hinkal Pro Shop website, mobile application, and related services (collectively, the "Services") operated by Hinkal Pro Shop: Geo GB ("Hinkal Pro Shop," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. These Terms constitute a legally binding agreement between you and Hinkal Pro Shop.

We may modify these Terms at any time. The updated Terms will be posted on our website with the "Last Updated" date. Your continued use of our Services after any changes to the Terms constitutes your acceptance of the revised Terms.

2. Definitions

In these Terms, the following definitions apply:

  • "Account" means the account created by a User to access and use the Services.
  • "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
  • "Order" means a request to purchase Products through the Services.
  • "Products" means the fruits, vegetables, and other items offered for sale through the Services.
  • "Subscription" means a recurring Order for Products at specified intervals.
  • "User" means an individual who accesses or uses the Services.
  • "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.

3. Account Registration and Use

3.1 Account Creation

To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.

3.2 Age Requirement

You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.

3.3 One Account Per User

You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.

3.4 Account Termination

We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.

4. Ordering and Payment

4.1 Product Availability

All Products offered through our Services are subject to availability. We reserve the right to limit quantities, discontinue Products, or refuse Orders at our discretion.

4.2 Pricing and Taxes

All prices are listed in US dollars and are subject to change without notice. Prices do not include applicable taxes, which will be added at checkout. We are not responsible for pricing, typographical, or other errors, and we reserve the right to cancel Orders arising from such errors.

4.3 Payment Methods

We accept various payment methods as indicated during the checkout process. By providing a payment method, you represent and warrant that you are authorized to use the payment method and that the information you provide is accurate.

4.4 Order Acceptance

Your receipt of an Order confirmation does not constitute our acceptance of your Order. We reserve the right to accept or decline your Order for any reason, including unavailability of Products, errors in pricing or Product descriptions, or problems with your payment method.

4.5 Subscriptions

If you purchase a Subscription, you authorize us to charge your payment method on a recurring basis until you cancel. You may cancel your Subscription at any time by accessing your Account settings or contacting customer service. Cancellations must be made before the next billing date to avoid charges for the upcoming period.

5. Shipping and Delivery

5.1 Delivery Areas

We ship to the locations listed on our website. Shipping options, rates, and delivery times vary by location and are provided during the checkout process.

5.2 Delivery Times

While we strive to meet estimated delivery times, we do not guarantee specific delivery dates or times. Delivery times are estimates only and may be affected by factors beyond our control.

5.3 Delivery Acceptance

You are responsible for inspecting Products upon delivery and reporting any issues within the timeframe specified in our Refund Policy. By accepting delivery, you acknowledge that the Products were delivered in good condition, unless otherwise reported.

6. Returns and Refunds

Our return and refund policies are outlined in our separate Refund Policy, which is incorporated into these Terms by reference. By using our Services, you agree to the terms of our Refund Policy.

7. Intellectual Property

7.1 Our Content

The Services and all Content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by Hinkal Pro Shop, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only.

7.3 Restrictions

You agree not to:

  • Use the Services in any way that violates any applicable law or regulation
  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without our express written permission
  • Delete or alter any copyright, trademark, or other proprietary notices from any Content
  • Access or use for any commercial purposes any part of the Services or any services or materials available through the Services
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any Content
  • Use any manual process to monitor or copy any Content or for any other unauthorized purpose
  • Use any device, software, or routine that interferes with the proper working of the Services

7.4 User Content

When you post, upload, publish, submit, or transmit User Content, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the Services and our business, including for promoting the Services.

You represent and warrant that: (i) you own the User Content or have the right to grant the rights described above, and (ii) the User Content does not violate these Terms or any applicable law, regulation, or third party right.

8. Prohibited Conduct

You agree not to:

  • Use the Services for any illegal purpose or in violation of any local, state, national, or international law
  • Harass, abuse, or harm another person, or to threaten to do so
  • Create or submit unwanted email, comments, or other forms of communication to other Users
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Upload viruses or other malicious code or otherwise compromise the security of the Services
  • Attempt to circumvent any content-filtering techniques we employ
  • Access or use the Services in any way not expressly permitted by these Terms

9. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT, PRODUCTS, AND OTHER ITEMS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HINKAL PRO SHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

HINKAL PRO SHOP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HINKAL PRO SHOP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HINKAL PRO SHOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL HINKAL PRO SHOP'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO HINKAL PRO SHOP, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Hinkal Pro Shop and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (i) your violation of these Terms; (ii) your User Content; or (iii) your violation of any rights of another.

12. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Alaska, without giving effect to any choice or conflict of law provision or rule.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Anchorage, Alaska, and shall be conducted in the English language. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, Hinkal Pro Shop may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop any violation of these Terms or harm to its interests.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified so that it is valid, legal, and enforceable to the maximum extent permitted by law.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Hinkal Pro Shop regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

15. Contact Information

If you have any questions about these Terms, please contact us:

  • By email: [email protected]
  • By phone: +1 856 650 3123
  • By mail: 99037 Turner Plaza, Wilberborough, AK 58491