PRIVACY
Privacy Policy - Updated
Last updated: May 2, 2023
This Privacy Policy (this “Policy”) sets out how Chrome Industries, Inc. (with headquarters located 1734 NW 15th Avenue, Portland, Oregon 97209) and its subsidiaries (“we”, “us”, “our”) collect, use, process and disclose information about you when you visit and/or place an order for our products through one of our branded Chrome websites (the “Websites”) or when you otherwise interact with us, such as in our stores, at an event, through our customer support channels, or on social media.
What We Collect And How We Use It
The information we collect about you depends on how you interact with us. In this section, we describe the categories of information we collect and the sources of this information.
1. Information You Give Us
We collect information you provide directly to us. For example, information provided when you create an account, fill out a form, post a review, make a purchase, correspond with us, request customer support, or enter into any of our competitions, promotions, sweepstakes or surveys.
The types of information that we collect include name, email address, telephone number, username and password, date of birth, billing and shipping addresses, photos, videos, stories and any other information you choose to provide. If you make a purchase from us, we work with a third-party payment processor to collect and process your payment information.
If you access and use our Pro Sites, we or our third-party verification providers may collect other information from you to validate your identity and employment status at an eligible partner, including photographs of your paystubs/pay slips or your work email address.
2. Information We Collect Automatically
We automatically collect certain information about your interactions with us, including:
• Transactional information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
• Device and usage information: When you visit our Websites, we may automatically collect information about how you access our Websites, including your IP address, log-in information, browser type and version, browser plug-in types and versions, operating system and platform. We also collect information about your activity on our Websites, including URL clickstream to, through and from our Websites, download errors, length of visits to certain pages and page interaction.
• Information collected by cookies and other tracking technologies: We collect information about your interactions with the Websites using cookies, web beacons and similar tracking technologies. These technologies help us improve our Websites and your experience, see which areas and features of our Websites are popular, and count visits. For more information about the cookies and other tracking technologies we use, and the choices available to you, see the Cookies and Other Tracking Technologies section below.
• Video and images: We collect video recordings and photographs in our stores for security, fraud, and loss prevention purposes.
3. Information We Collect from Other Sources
We obtain information from other sources. For example, we may collect information from third-party platforms like social media (such as Facebook or Instagram) if you use those platforms to access the Websites (or vice versa). We also collect information from identity verification services, advertising networks, marketing and advertising companies, market research companies, data analytics providers, mailing list providers, and data co-ops, such as your contact information and information about your previous purchases from other companies and product preferences. We also obtain information from our wholesale partners and other third parties that sponsor events that we participate in, such as contact information and participant feedback.
4. Information We Derive
We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your approximate location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases.
5. Use of Information
We use the categories of information we collect to operate our Websites and to deliver the products you order. We also use the information we collect to:
(a) Provide, maintain, and improve our products and Websites;
(b) Personalize your experience with us;
(c) Send you technical notices, security alerts, support messages and other transactional or relationship messages;
(d) Communicate with you about products, services, and events offered by Chrome, our wholesale partners and other third parties that sponsor events that we participate in, and provide news and information that we think will interest you (see the Communications Preferences section below for information about how to opt out of these communications at any time);
(e) Provide and administer our loyalty program;
(f) Monitor and analyze trends, usage, and activities in connection with our products and Websites;
(g) Target advertisements to you on third-party platforms and websites (for more information and to opt out, see the Targeted Advertising and Analytics section below);
(h) Facilitate contests, sweepstakes, and promotions, and process and deliver entries and rewards;
(i) Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity, and help protect the rights and property of Chrome and others;
(j) Comply with our legal and financial obligations;
(k) Carry out any other purpose described to you at the time the information was collected.
Targeted Advertising And Analytics
We engage others to provide analytics, serve advertisements, and perform related services across the web. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our Websites, including your IP address, web browser, mobile network information, pages viewed, time spent on pages, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies’ sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your activity. Some of our advertising partners enable us to translate your email address or phone number into an identifier that can’t be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web and in mobile apps. Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain laws. To learn more about the choices available to you with respect to these practices, see the Opting Out of Targeted Advertising, Sharing, and Sales section below.
You can also learn more about interest-based ads, or opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance, by visiting www.aboutads.info/choices if you reside in the United States; if you reside in the European Union, by visiting www.youronlinechoices.eu; and if you reside in Canada, by visiting www.youradchoices.ca.
Disclosures Of Information
In certain circumstances, we disclose (or permit others to directly collect) information about you. We disclose the categories of personal information described above in the Information We Collect and How We Use It section in the following ways:
• We disclose personal information to vendors, service providers, contractors and consultants that need this information to provide services to us, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, and marketing and advertising.
• If you choose to allow the Websites to use your location to find stores near you, integration partners will collect that information directly from you.
• We disclose personal information, such as your postal address or your email address, to third parties for their own marketing purposes or to extend the reach of our marketing. For example, we disclose information to data co-ops and mailing list providers who help us curate and grow our audience and provide other ad-related services. Depending on where you live, these activities may constitute “sales” under certain laws, and you may opt out as described in the Opting Out of Targeted Advertising, Sharing, and Sales section below.
• We disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
• We disclose personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Chrome, our users, the public, or others.
• We disclose personal information to our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
• We disclose personal information in connection with, or during negotiations of certain corporate transactions, including the merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
• We disclose personal information when we have your consent or you direct us to do so. For example, if you provide a product review or otherwise post content on our Websites, we will disclose that information publicly.
We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Chrome processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.
Your Privacy Rights And Choices
1. Access, Correction, and Deletion
Depending on where you reside, you may have the right to (1) request to know more about and access your personal information and receive your data in a portable format, (2) request deletion of your personal information, (3) request correction of inaccurate personal information, and (4) make any other requests available to you under the applicable data protection legislation.
To request access, correction, or deletion of your personal information, contact us at support@chromeindustries.com or via this webform. You can also access, correct, or delete certain information stored within your online account by logging into your account.
Please note that to protect your personal information, we may need to verify your identity before processing your request. We may verify your request by asking you to provide information related to your recent interactions with us. If we deny your request, you may appeal our decision by contacting us at support@chromeindustries.com. If you have concerns about the results of an appeal, you may contact the attorney general or relevant authority in the state where you reside.
2. Opting Out of Targeted Advertising, Sharing, and Sales
As described in the Targeted Advertising and Analytics section above, we process personal information to understand and improve your experience with our Websites and to serve you advertisements on non-Chrome properties. Some of these activities may be considered “sales” or “sharing” of your personal information or “targeted advertising” under the law that applies to you.
In addition, we disclose your information to other entities for marketing purposes as described in the Disclosures of Information section, which may constitute “sales” of your personal information under certain laws.
Depending on where you reside, you may have the right to opt out of targeted advertising, sharing, and sales of your personal information. You can do so by visiting Your Privacy Choices.
3. Nondiscrimination
We will not discriminate against you for exercising your privacy rights.
4. Cookies and Other Tracking Technologies
We use cookies and other tracking technologies to analyze visits to our Websites and interactions with our communications to help us improve our Websites, services, and marketing campaigns. Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. You can also click here to adjust certain cookie settings. Please note that removing or rejecting cookies could affect the availability and functionality of our Websites. For more information about cookies and how to disable them, see our Cookie Policy.
5. Communications Preferences
You may opt out of receiving text messages or promotional emails from Chrome by following the instructions in those communications or by sending us an email at support@chromeindustries.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Transfer Of Information To USA And Other Countries
Chrome is headquartered in the United States, and we have operations and vendors in the United States, Japan, the Netherlands, and other countries. Therefore, we and those that perform work for us may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses. Where relevant, you may request a copy of these Standard Contractual Clauses by contacting us at support@chromeindustries.com.
Additional Disclosures For Individuals In California
If you are a California resident, California law requires us to disclose the following additional information with respect to our collection, use, and disclosure of personal information. If you reside in California, this section applies to you.
1. Additional Disclosures
In the preceding 12 months, we have collected the following categories of personal information: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, internet and electronic network activity information, audio and visual data, professional or employment-related information, and inferences. For more information about the data points we collect, the categories of sources of such collection, and how we collect personal information for business and commercial purposes, please see the What We Collect and How We Use It section above. In the preceding 12 months, we have disclosed personal information for the business and commercial purposes described in the Disclosures of Information section above, and we have made disclosures for business purposes to the following categories of recipients:
Category of Personal Information: Identifiers, such as your name, IP address, and email address
Category of Recipients: Fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, internet service providers, operating systems and platforms, customer feedback platforms, cloud service providers, and the public (for example, the name you choose to provide in connection with a product review may be disclosed publicly).
Category of Personal Information: Characteristics of protected classifications under California or U.S. law, such as age
Category of Recipients: Fraud prevention partners, data analytics providers, marketing partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers.
Category of Personal Information: Commercial information, such as records of products purchased
Category of Recipients:Fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers.
Category of Personal Information:Internet and electronic network activity information, such as browsing history, search history, and information about your activities on our Websites
Category of Recipients:Fraud prevention partners, data analytics providers, marketing partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers.
Category of Personal Information: Professional or employment- related information, such as where you work
Category of Recipients: Fraud prevention partners, data analytics providers, and customer support partners.
Category of Personal Information: Audio and visual data, such as phone recordings when you contact customer service or photos submitted in connection with a product review
Category of Recipients: Fraud prevention partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, cloud service providers, and certain photos may be shared publicly in some circumstances (such as in connection with a product review).
Category of Personal Information: Inferences, such as your shopping preferences
Category of Recipients: Fraud prevention partners, data analytics providers, marketing partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers.
In the preceding 12 months, we have shared or sold the following categories of personal information to the following categories of third parties for the commercial purpose of advertising our products to you:
Category of Personal Information: Identifiers
Category of Third Parties: Marketing and advertising networks, data co-ops, and data analytics providers.
Category of Personal Information: Internet or other electronic network activity information
Category of Third Parties: Marketing and advertising networks, data co-ops, and data analytics providers.
Category of Personal Information: Commercial information, such as records of products purchased
Category of Third Parties: Marketing and advertising networks, data co-ops, and data analytics providers.
Category of Personal Information: Inferences, such as your shopping preferences
Category of Third Parties: Marketing and advertising networks, data co-ops, and data analytics providers.
We do not knowingly sell or share personal information about consumers under the age of 16.
2. Data Retention
We store personal data associated with your account for as long as your account remains active. If you close your account, we may retain some information about you and your purchases where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements). We store other personal data for as long as necessary to carry out the purposes for which we originally collected it and for other business purposes explained in this Privacy Policy.
3. Your Privacy Rights
You have the right to opt out of sharing and sales at any time by clicking here. Please see the Your Privacy Rights and Choices section above for more information about the privacy rights you have as a California resident, how to exercise your rights, and how we will verify your requests.
If you are submitting a rights request as an authorized agent, you are required to submit proof of
your authorization to make the request, such as a valid power of attorney or proof that you have
signed permission from the individual who is the subject of the request. Please do not provide any sensitive personal information in connection with this request, such as a driver’s license or other government-issued ID. In some cases, we may be required to contact the individual who is the subject of the request to verify his, her, or their own identity or confirm you have permission to submit this request. If you are an authorized agent seeking to make a request, submit this webform or contact us at support@chromeindustries.com.
4. Notice of Financial Incentives
We offer various financial incentives. For example, we may provide discounts, coupons, or other benefits to customers who join loyalty programs or sign up to receive our marketing emails or text messages. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your email address or phone number), commercial information (like your purchase preferences and interests or purchase history), and professional or employment-related information. You can opt into a financial incentive by following the sign-up or participation instructions provided. If you later decide to opt out of receiving any ongoing benefits, you can do so at any time by following the applicable unsubscribe instructions or contacting us at support@chromeindustries.com. The value of your personal information is reasonably related to the value of the offer or discount presented to you.
5. Shine the Light
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Under the law, a business must either provide this information or permit California residents to opt in to, or opt out of, this type of sharing. Chrome qualifies for this alternative option. To opt out of having information about you shared with third parties for direct marketing purposes, please click here.
Additional Disclosures For Individuals in Europe
If you are located in the European Union (“EU”), European Economic Area (“EEA”), the United Kingdom (“UK”) or Switzerland, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. In addition to the provision set out above in this Policy, the following provisions shall apply in accordance with the General Data Protection Regulation (“GDPR”):
1. Additional Disclosures
For individuals in the EU or EEA, following applies:
“Personal information” as set out in this Privacy Policy shall be understood as “personal data” and have the same meaning as set out in the GDPR. The term “processing” has also the meaning ascribed to it in the GDPR.
Category of Personal Data: Identifiers, such as your name, user name, IP address, billing and shipping address, email address, telephone number, password and date of birth
Purposes of Processing: Purposes set out in section I. 5. (a), (b), (d), (h) and (i)
Legal Bases: Art. 6 (1) (b) GDPR (performance of a contract); Art. 6 (1) (f) GDPR (legitimate interest); Art. 6 (1) (a) GDPR (consent)
Our legitimate interest is to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you.
Category of Personal Data: Audio and visual data: phone recordings when you contact customer service or photos submitted in connection with a product review, videos and stories
Purposes of Processing: Purposes set out in section I. 5. (b), (c), and (e) – (g), (i)
Legal Bases: Art. 6 (1) (f) GDPR (legitimate interest); Art. 6 (1) (b) GDPR (performance of a contract); Art. 6 (1) (a) GDPR (consent)
Our legitimate interest is to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you (e.g., to confirm your order, inform you about the shipping process or to provide customer support).
Category of Personal Data: Commercial information, such as records of products purchased, purchase price, the date and location of the transaction and payment information
Purposes of Processing: Purpose set out in section I. 5. (a)
Legal Bases: Art. 6 (1) (b) GDPR (performance of a contract)
Category of Personal Data: Employment status at an eligible organization, including photographs of your paystubs/pay slips or your work email address
Purposes of Processing: Purpose set out in section I. 5. (j)
Legal Bases: Art. 6 (1) (c) GDPR (legal obligation) and/or Art. 6 (1) (b) GDPR (performance of a contract)
Category of Personal Data: Device and usage information: IP address, log-in information, browser type and version, browser plug-in types and versions, operating system and platform, your activity on our Websites, including URL clickstream to, through and from our Websites, download errors, length of visits to certain pages and page interaction
Purposes of Processing: Purposes set out in section I. 5. (a), (c), (d), (f) and (i)
Legal Bases: Art. 6 (1) (b) GDPR (performance of a contract); Art. 6 (1) (f) GDPR (legitimate interest); Art. 6 (1) (a) GDPR (consent)
Our legitimate interest is to provide, maintain, and improve our products and services and conduct data analytics.
Category of Personal Data: Contact information and information about participant feedback
Purposes of Processing: Purposes set out in section I. 5. (d), (f) and (g)
Legal Bases: Art. 6 (1) (f) GDPR (legitimate interest); Art. 6 (1) (a) GDPR (consent)
Our legitimate interest is to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you.
Category of Personal Data: Aggregated or de-identified data regarding Website performance
Purposes of Processing: Purposes set out in section I. 5. (a) and (f)
Legal Bases: Art. 6 (1) (f) GDPR (legitimate interest)
Our legitimate interest is to provide, maintain, and improve our products and services.
In addition to the information provided in section V. above, the following applies:
Our Website is hosted and operated in the United States through us and our service providers, and the laws in the United States may differ from the laws in your country. By using the Websites, you acknowledge that any personal data concerning you, regardless of whether provided by you or obtained from a third party, is being provided to us in the United States and will be hosted on United States servers and processed in the United States, and you acknowledge that we will store and process your information to and in the United States, and possibly other countries. We will take all steps reasonably necessary to ensure that your personal data is subject to appropriate safeguards, such as relying on a recognized legal adequacy mechanism including EU standard contractual clauses where applicable, and that it is treated securely and in accordance with this Policy. Our data processors are bound by appropriate contractual obligations to implement adequate security measures to protect security and confidentiality of personal data.
2. Data Retention
We store personal data associated with your account for as long as your account remains active. If you close your account, we may retain some information about you and your purchases where we have an obligation to do so under applicable law (for example, to comply with applicable legal, tax or accounting requirements). We store other personal data which is not associated with your account as for as long as necessary to carry out the purposes for which we originally collected it in accordance with this Policy.
3. Your Privacy Rights
If you have questions about our privacy practices, please email support@chromeindustries.com.
Visitors from the European Economic Area should contact Chrome Europe B.V. (Netherlands) (the data controller) by telephone on the following telephone number: +31 10 22 11 444.
If you reside within the EU or EEA, you have the following additional rights: (i) to have the processing of your personal data restricted, (ii) to lodge an objection against any kind of processing based on Art. 6 (1) (e) or (f) GDPR, and (iii) to withdraw at any time your consent on which a processing of your personal data is based.
To exercise your rights as set out in this section, submit this webform or contact us at support@chromeindustries.com.
If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:
For individuals in the EEA: https://edpb.europa.eu/about-edpb/board/members_en
For individuals in the UK: https://ico.org.uk/global/contact-us/
For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html
Additional Disclosures For Individuals In Canada
If you are a Canadian resident, this section applies to you.
1. Consent
By submitting personal information to Chrome or our service providers and agents, you consent to the collection use, disclosure, and transfer of your personal information in accordance with this Privacy Policy and as permitted or required by law. You may withdraw your consent at any time to the collection, use, disclosure, or transfer of your personal information time by emailing us at support@chromeindustries.com. If you withdraw your consent (or if you decide not to provide certain personal information), you acknowledge that Chrome may not be able to provide you, or continue to provide you, with certain products, services, or information that may be of value to you.
2. Canada’s Anti-Spam Law
We will only send you commercial electronic messages (“CEMs”) where we have your express or implied consent to do so. Your consent to receive CEMs is implied where we have an existing business relationship with you, or you have reached out to us and made an inquiry within a certain time frame. You may unsubscribe from receiving CEMs at any time by following the instructions in those communications or by sending us an email at support@chromeindustries.com.
Additional Disclosures For Individuals In Japan
1. Business Operator Handling Personal Information
Chrome Industries, Inc.
1734 NW 15th Avenue
Portland, Oregon 97209
2. Joint Use of Personal Data:
We jointly use Personal Data as follows
Joint Users:
Chrome Industries, Inc.
Chrome Europe B.V.
Chrome Industries Japan GK
Purposes for which Personal Data is Used by Joint Users: See section I above.
Entity Responsible for Managing Personal Data: Chrome Industries, Inc.
1734 NW 15th Avenue
Portland, Oregon 97209
Attn: General Counsel
If you have a question, concern or complaint about this Policy or our processing of your information (including information regarding Security Control Measures we have taken), you can contact us by email at support@chromeindustries.com.
About Us And This Policy
1. Changes to This Policy
If we change this Policy, we will post those changes on this page in addition to updating the “Last Updated” date at the top of this webpage. If we make material changes, we will notify you more directly, for example by posting a notification or message on the Websites or by emailing you prior to such changes taking effect. We encourage you to review this Privacy Policy frequently to stay informed of the latest modifications.
2. Contact Us
If you have a question, concern or complaint about this Policy or our processing of your information, you can contact us by email at support@chromeindustries.com.
Copyright © 2023 Chrome Industries, Inc. All rights reserved. Chrome and the Chrome logo are registered trademarks of Chrome Industries, Inc.
TERMS
Terms of Use
Last updated: May 15, 2017
PART I. ABOUT THE WEBSITES AND THESE TERMS OF USE
Introduction
These Terms of Use apply to your access to, and use of,
www.chromeindustries.com (and its subdomains) and other online or mobile
services or applications (collectively, the “Websites”) of Chrome
Industries, Inc. ("we" or "us"). Please see our “Contact Us” page on our
website for company details.
The Websites are directed to users residing in the United States. We
do not promise or represent that content available on or through our
Websites is appropriate or available in other locations. We may limit
the availability of our Websites or any service or product described on
our Websites to any person or geographic area at any time. If you choose
to access our Websites from outside the United States, you do so at
your own risk.
These Terms of Use set out the terms and conditions on which we agree
to make available and you agree to access and use the Websites. By
clicking to indicate your acceptance of these Terms of Use, or
otherwise accessing or using the Websites, you agree to be legally bound
by these Terms of Use, so if you do not agree with these Terms of Use,
including the mandatory arbitration provision and class action waiver
section below, you should not use the Websites.
Changes to the Terms of Use by us
Please note that we may change these Terms of Use at any time. If we
do, we will publish the amended Terms of Use on the Websites so please
review the Websites periodically for changes to these Terms of Use. The
date at the top of this webpage indicates when these Terms of Use were
last updated. Unless we say otherwise, the amended Terms of Use will be
effective immediately and your continued access and use of our Website
after the updated date will confirm your acceptance of the changes. If
you do not agree to the amended Terms of Use, you must stop accessing
and using our Websites.
PART II. USE AND OPERATION OF THE WEBSITES
Changes to the Websites
It is important to note that we reserve the right to modify, suspend,
or terminate operation of or your access to the Websites or any portion
of the Websites.
We may update the Websites and change the content at any time
including the products we sell and the price we sell them at. Although
we make reasonable efforts to update the information on the Websites,
please note that any of the content on our Websites may be out of date
at any given time, and we are under no obligation to update it. We may
also interrupt the regular operation of the Websites, or any portion of
the Websites, as necessary to perform routine or non-routine
maintenance, to correct errors, or to make other changes.
We also do not guarantee that the Websites, or any content, will be
free from errors or omissions and we do not make any guarantees that the
content on the Websites is accurate, complete or up-to-date.
Your obligations
Please note that you are responsible for making all arrangements
necessary for you to have access to our Websites and that you are also
responsible for ensuring that anyone who accesses our Websites under
your authorization is aware of these Terms of Use and that they comply
with them.
When using the Websites, you promise not to:
use or access the Websites for any fraudulent or unlawful purpose;
use or access the Websites to impersonate any person or entity, or
to falsely state or otherwise misrepresent its affiliation with any
person or entity;
interfere with or disrupt the operation of or access to the Websites;
transmit or otherwise make available in connection with or access to
the Websites any virus, worm, Trojan horse, time bomb, spyware, or
other computer code, file, or programme that is harmful or invasive or
may or is intended to damage or hijack the operation of, or to monitor
the use of, any hardware, software, or equipment;
restrict or inhibit the ability of any other person to access or use the Websites;
modify, adapt or translate any portion of the Websites;
remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Websites;
bypass or ignore instructions contained in our robots.txt file,
accessible at [insert URL], that controls automated access to portions
of our Websites;
or use any robot, spider, search/retrieval application or other
manual or automatic device to retrieve, index, “scrape,” “data mine,” or
in any way gather or reproduce the Websites or circumvent the
navigational structure or presentation of the Websites.
Your account
If you sign-up for an account with us then this section will also apply to your use of the Websites.
Your username and password are strictly personal and must not be shared with anyone else.
You are responsible for maintaining the confidentiality of your
username and password, and you are responsible for all activities under
your account that you can reasonably control. You must not share your
password or other login information with any person.
Any use of your account by any person other than yourself is grounds
for suspension or termination of your account. You must promptly notify
us of any unauthorized use of your username, password or other account
information, or of any other breach of security that you become aware of
involving your account or the Website.
Links
Links to Third-Party Websites. Please note that the
Websites may include links to third party websites. These links are
provided for your convenience only and do not signify that we endorse
such third party websites or their content. We do not review such third
party websites and you acknowledge and agree that:
we are not responsible for such websites, including the terms on
which such websites are made available and the privacy policies of such
websites, and we do not control their content or availability;
we make no representation, warranty or condition, either
express or implied, in relation to any goods or services or information
received from such websites; and
if you access any such websites, you do so entirely at its own risk.
Links to Our Websites. You are granted a limited
nonexclusive, nontransferable right to create a text hyperlink to the
Websites for noncommercial purpose, provided that such link does not
portray us or any of our products in a false, misleading, derogatory or
otherwise defamatory manner, and provided further that the linking site
does not contain any adult or illegal material that is offensive,
harassing or otherwise objectionable. This limited right may be revoked
at any time. You must not establish a link in such a way as to suggest
any form of association, approval or endorsement on our part where none
exists.
You must not establish a link to our site in any website that is not owned by you.
Our Websites must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
Privacy policy and use of data
Our privacy policy (available at http://www.chromeindustries.com)
(“Privacy Policy”) explains our policies regarding the collection, use,
transmission, and processing of your personal data provided by or
collected from you via the Websites (including how cookies are used).
User Generated Content
Whenever you make use of or contribute to any forums, product reviews
or embedded social media features (e.g. Instagram feeds) on our
Websites or any other feature that allows you to upload content to our
Websites or to make contact with other users of our site (which we'll
call an "Interactive Service" in this document), you must comply with
the content standards set out in our Acceptable Use Policy below.
You promise that any such contribution does comply with those
standards and you will be responsible for any loss or damage we suffer
as a result of your breach of that promise.
Any content you upload, submit to or post on our Websites will be
considered non-confidential and non-proprietary. You retain all of your
ownership rights in your content, but you grant us a limited license to
use, store, modify, exploit, make content based on and copy that content
and to distribute and make it available to third parties to do the
same.
You must not upload any content, posts or submissions where:
you do not have the right to do so or have permission from the rights holder;
doing so would be illegal or infringe another person's rights (for
example, if doing so would breach someone's right to privacy); and
you do not have the right or permission to grant the licenses described in this section.
We also have the right to disclose your identity to any third party
who is claiming that any content posted or uploaded by you to our
Websites constitutes a violation of their intellectual property rights,
or of their right to privacy.
Please also note the following in relation to your content, posts and/or submissions:
we will not be responsible, or liable to any third party, for the
content or accuracy of any content posted by you or any other user of
our site;
we have the right to remove any posting you make on our site if, in
our opinion, your post does not comply with the content standards set
out in our Acceptable Use Policy below;
the views expressed by other users on our site do not represent our views or values; and
you are solely responsible for securing and backing up your content.
Acceptable Use Policy
When using an Interactive Service or otherwise providing or uploading
content, posts or submissions to our Websites (referred to as
"contributions" below for ease), you must comply with the following
standards:
Your contributions must:
be accurate (where they state facts).
be genuinely held (where they state opinions).
not be provided because you are sponsored, funded and/or paid by a third party or in return for any reward or incentive.
comply with the laws of the country from which they are posted and the laws of the country where the Websites are hosted.
Your contributions must not:
contain any material which is defamatory of any person.
contain any material which is obscene, offensive, hateful or inflammatory.
promote or include sexually explicit material.
promote violence.
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
infringe any copyright, database right or trade mark of any other person.
be likely to deceive any person.
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
promote any illegal activity.
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
be likely to harass, upset, embarrass, alarm or annoy any other person.
be used to impersonate any person, or to misrepresent your identity or affiliation with any person or entity.
give the impression that they emanate from us, if this is not the case.
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
be otherwise objectionable or restrict or inhibit any other person
from using or enjoying our Websites, or that may expose us or others to
any harm or liability of any type.
We reserve the right to take action against you if we find that you are breaching our Acceptable Use Policy.
PART III. IMPORTANT LEGAL INFORMATION
Our liability to you for breach of these Terms of Use
Nothing in these Terms of Use is intended to exclude or limit our
liability for property damage, death or personal injury caused by our
negligence, for fraudulent misrepresentation, gross negligence or for
any other liability that cannot be excluded or limited by law.
Although we do our best to provide informative Websites that you'll
enjoy browsing, unless where we have expressly set out to the contrary
in these Terms of Use, the Websites are made available to you on an "as
is" basis. This means that we do not accept any liability to you in
respect of it (subject to the rest of this section). It is therefore
your responsibility, not ours, to ensure that the Websites are suitable
for your intended purposes when you use it.
We accept no liability as to the suitability or fitness of the
Websites in meeting your needs and we exclude to the fullest extent
permissible by law all express or implied warranties, terms, conditions,
undertakings, promises or guarantees (referred to as "promises" in this section) including:
that access to the Websites will be available, timely, uninterrupted or error-free;
that the Websites or the computer server from which the Websites are
made available, are free of viruses or other harmful components; and
to the accuracy, content, timeliness, completeness, reliability,
quality or suitability of any content contained in or delivered via the
Websites or otherwise made available in connection with the Websites.
We will not be liable to you for any loss or damage caused by events
beyond our reasonable control, such as a virus, distributed
denial-of-service attack, or other technologically harmful material that
may infect your computer equipment, computer programs, data or other
proprietary material due to your use of our Websites or on any website
linked to our Websites.
Finally, we will not be liable to you for any special, indirect or
consequential losses or damages, or any loss of data, profits, revenues,
business, or goodwill.
Please note that, in some cases, there are some implied promises
which we legally cannot exclude. To find out more about these and to
seek advice about your legal rights, please note that this is available
from your local consumer rights advisory service.
Our intellectual property rights
The intellectual property rights in the Websites and copyright in all
material stored, displayed and accessible on the Websites is either
owned by us or licensed by third parties (which we'll refer to as
"Content" throughout this section for ease). All such rights in our
Content are reserved by us or our licensors and protected by copyright
laws and treaties around the world.
You may not use, modify, copy, reproduce, republish, upload, post,
transmit, distribute, sell, license, rent, publicly display or perform,
edit, adapt or create a derivative work of, in any manner, any Content
or any other part of the Websites, without our express prior written
consent.
In spite of this, you may view, use, download, and print selected
portions of the Websites solely for your own personal, non-commercial,
informational use, provided that you do not republish the Content and
that you keep intact and do not obscure or remove any copyright,
trademarks, service marks, attributions, patent, and other proprietary
notices.
Other terms and conditions
Although you've probably noticed already, these Terms of Use only
apply to your use of the Websites and not our contract with you for any
products you've bought from us. For the latest version of these Terms of
Sale, please click here
although it is important to remember that the terms that govern any
purchase from us will be those which were in force at the time of the
relevant purchase. In addition to the Terms of Sale, we may ask you to
accept additional terms that apply to specific features, products or
services. To the extent any additional terms conflict with these Terms
of Use, the additional terms will govern with respect to your access to
or use of the applicable feature, product or service.
Miscellaneous
We may transfer our rights and obligations under these Terms of Use
to another organization, but this will not affect your rights or our
obligations under these Terms of Use.
Each of the paragraphs of these Terms of Use operates separately. If
any court or relevant authority decides that any of them are unlawful,
illegal or unenforceable, the remaining paragraphs will remain in full
force and effect.
If we fail to insist that you perform any of your obligations under
these Terms of Use, or if we do not enforce our rights against you, or
if we delay in doing so, that will not mean that we have waived our
rights against you, or that you do not have to comply with those
obligations. If we do waive a default or breach of these Terms of Use by
you, we will only do so in writing.
FOR CUSTOMERS IN THE UNITED STATES, THE FOLLOWING SECTION APPLIES TO YOUR ACCESS AND USE OF OUR WEBSITES:
Dispute Resolution; Binding Arbitration; Governing Law and Venue
Please read the following section carefully because it
requires you to arbitrate certain disputes and claims with us and limits
the manner in which you can seek relief from us.
Except for small claims disputes in which you or we seek to bring an
individual action in small claims court located in the county of your
billing address or disputes in which you or we seek injunctive or other
equitable relief for the alleged unlawful use of intellectual property,
you and we waive both of our rights to a jury trial and to have any
dispute arising out of or related to these Terms of Use or the Websites
resolved in court. Instead, all disputes arising out of or relating to
these Terms of Use or the Websites will be resolved through confidential
binding arbitration held in Multnomah County, Oregon in accordance with
the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website
and hereby incorporated by reference. You either acknowledge and agree
that you have read and understand the rules of JAMS or waive your
opportunity to read the rules of JAMS and any claim that the rules of
JAMS are unfair or should not apply for any reason.
You and we agree that any dispute arising out of or related
to these Terms of Use or our Websites is personal to you and us and that
any dispute will be resolved solely through individual arbitration and
will not be brought as a class arbitration, class action or any other
type of representative proceeding.
You and we agree that these Terms of Use affect interstate commerce
and that the enforceability of this Section will be substantively and
procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et
seq. (the "FAA"), to the maximum extent permitted by applicable law. As
limited by the FAA, these Terms of Use and the JAMS Rules, the
arbitrator will have exclusive authority to make all procedural and
substantive decisions regarding any dispute and to grant any remedy that
would otherwise be available in court; provided, however, that the
arbitrator does not have the authority to conduct a class arbitration or
a representative action, which is prohibited by these Terms of Use. The
arbitrator may only conduct an individual arbitration and may not
consolidate more than one individual’s claims, preside over any type of
class or representative proceeding or preside over any proceeding
involving more than one individual. You and we agree that for any
arbitration you initiate, you will pay the filing fee and we will pay
the remaining JAMS fees and costs. For any arbitration initiated by us,
we will pay all JAMS fees and costs. You and we agree that the state or
federal courts of the State of Oregon and the United States sitting in
Multnomah County, Oregon have exclusive jurisdiction over any appeals
and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms of Use or the
Websites must be filed within one year after such claim arose;
otherwise, the claim is permanently barred, which means that you and we
will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty
(30) days of the date you first accepted the terms of this Section by
sending an email to legal@fuerstgroup.com. In order to be effective, the
opt-out notice must include your full name and clearly indicate your
intent to opt out of binding arbitration. By opting out of binding
arbitration, you are agreeing to resolve Disputes in accordance with the
following paragraph.
These Terms of Use and your access to and use of the Websites,
including any dispute or claim arising out of or in connection with
these Terms of Use or the Websites (including non-contractual disputes
or claims) are governed by and shall be construed in accordance with
Oregon law, without regard to conflict of law rules or principles
(whether of Oregon or any other jurisdiction) that would cause the
application of the laws of any other jurisdiction. Any dispute between
the parties that is not subject to arbitration or cannot be heard in
small claims court will be resolved in the state or federal courts of
Oregon and the United States, respectively, sitting in Multnomah County,
Oregon.
FOR CUSTOMERS IN THE EUROPEAN ECONOMIC AREA, THE FOLLOWING SECTION APPLIES TO YOUR ACCESS AND USE OF OUR WEBSITES:
If you are a consumer and a resident of any country in the European
Economic Area where we directly sell any of our products, you agree that
these Terms of Use and your access to and use of the Websites shall be
governed by the law of your country of residence without giving effect
to any conflict of laws principles that may provide the application of
the law of another jurisdiction. You and we both agree to submit to the
non-exclusive jurisdiction of the courts in the country of your
residence.
PART IV. REPEAT INFRINGER POLICY; HOW TO CONTACT US
We have a policy of limiting access to our Websites and terminating
the accounts of users who infringe the intellectual property rights of
others. If you believe that your copyright (or other intellectual
property rights) has been infringed on the Websites or that there is any
content which you believe is illegal or infringes your or a third
party's rights, you may contact us and notify our Designated Agent as
follows:
Attention Designated Agent: Corporate Counsel
Address: 515 NW 13th Ave., Portland, Oregon 97209
Telephone Number: 866-226-2470
E-Mail Address: legal@fuerstgroup.com
For customers in the United States, please see 17 U.S.C. §512(c)(3)
for the requirements of a proper notification. Also, please note that if
you knowingly misrepresent that any activity or material on our Website
is infringing, you may be liable to us for certain costs and damages.
If you have any other questions or complaints regarding these Terms
of Use or the Websites, please contact us at
support@chromeindustries.com.
Copyright © 2019 Chrome Industries, Inc. All rights reserved.
Chrome and the Chrome logo are registered trademarks of Chrome
Industries, Inc.
Cookie Policy
Last updated: July 17, 2023
This Cookie Statement explains how Chrome Industries, Inc. and its subsidiaries (“we”, “us”, and “ours”) use cookies and similar technologies to recognize you when you visit our Chrome-branded websites (“Websites”) and any websites, branded pages on third-party platforms (such as Facebook or YouTube) and applications accessed or used through such websites or third-party platforms. It explains what these technologies are and why we use them, as well as your rights to control our use of them. Please note that we use the term “cookies” in this Cookie statement to refer to website cookies and to similar technologies that may collect information automatically when you visit the Websites (such as pixel tags, web beacons, device IDs and similar technologies).
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work or work more efficiently, as well as to provide reporting information.
Cookies set by the website owner are called “first-party cookies”. Cookies set by parties other than the website owner are called “third-party cookies”. Third-party cookies enable third-party features or functionality to be provided on or through the website (e.g., like advertising, interactive content or analytics). The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.
How long do cookies last
for?
Cookies can remain on your computer or mobile device for different periods of time. Some cookies are “session cookies”. Session cookies exist only while your browser is open, and they are deleted automatically once you close your browser. Other cookies are “persistent cookies”. Persistent cookies survive after your browser is closed until a defined expiration date. They can be used by websites to recognize your computer when you open your browser and browse the Internet again.
Why do we use cookies?
We use first-party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites.
Third parties serve cookies through our Websites for advertising, analytics and other purposes. This is described in more detail below.
The specific types of first- and third-party cookies served through our Websites, and the purposes they perform, are described in the table below:
Types of cookie
- Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.
- Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality (like videos) may become unavailable.
- Analytics and customization cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customize our Websites for you.
- Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases, selecting advertisements that are based on your interests.
- Social networking cookies: These cookies are used to enable you to share pages and content
that you find interesting on our Websites through third-party social networking and other websites. These cookies may
also be used for advertising purposes too.
Who serves these cookies - (numbered by the corresponding type of cookie above.)
- We and third parties, including Shopify, Adobe Typekit, and Google Tag Manager.
- We and third parties, including YotPo and Global-e, set certain performance and functionality cookies.
- We and third parties, including Google Analytics, Hotjar and AvantLink, set analytics and customization cookies.
- We and thirdparties, including Google Analytics, Bing Ads, and attn.tv, set advertising cookies.
- Third parties, including Facebook, TikTok, and Twitter, set social networking cookies.
How to refuse (numbered by the corresponding type of cookie above.)
- Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them. You can block or delete them by changing your browser settings however, as described below under the heading "How can I control cookies?".
- To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"
- To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"
Alternatively, please click on the relevant link below:
4. To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"
Alternatively, please click on the relevant link below:
5. To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"
Alternatively, please click on the relevant link below:
What about other tracking
technologies, like web beacons?
Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites. This allows us, for example, to monitor the traffic patterns of users from one page within our Websites to another, to deliver or communicate with cookies, to understand whether you have come to our Websites from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
Do you serve targeted advertising?
Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites. These companies may use information about your visits to our Websites and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.
How can I control cookies?
You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate links provided in the cookie table above.
You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Websites, though your access to some functionality and areas of our Websites may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.
We don’t control the setting of third-party cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them.
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/
or http://www.youronlinechoices.com.
How often will you update
this Cookie Statement?
We may update this Cookie Statement from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Statement regularly to stay informed about our use of cookies and related technologies.
The date at the top of this Cookie Statement indicates when it was last updated.
Where can I get further
information?
If you have any questions about our use of cookies or other technologies, please email us at support@chromeindustries.com.
Terms of Sale
Last updated: May 15, 2017
PART I. ABOUT THESE TERMS
Please read the following Terms of Sale (“Terms”) carefully
prior to making an online purchase from this Website. By purchasing
products from or through our Website, you agree to be bound these Terms,
in addition to our Terms of Use click here,
which is incorporated by reference. In the event of any conflict between
these Terms and the Terms of Use, or other agreements you may have with
us, these Terms will control with respect to your purchase through our
Website.
What these terms cover. These are the terms and conditions which apply to your order for our products made through our website (your "Order").
These terms set out your rights and obligations in relation to the
Order as well as some important legal information including what we are
liable to you for.
What these terms don't cover. These Terms do not
cover the purchasing of gift cards or the terms of our loyalty programs.
For information about the purchasing of gift cards (including any
related terms and conditions) please follow this link. Information about
any loyalty plans we are currently running is available on our
homepage.
Why you should read them. Please read these terms
carefully before you place an Order. These Terms tell you who we are,
what our obligations are, how you and we may change or end the contract,
what to do if there is a problem and other important information. If
you think that there is a mistake in these Terms, please contact us to
discuss this.
Who we are. Due to the way we structure our
business, there are a number of different entities who sell our products
to you depending on which webstore you're using. Please see our
“Contact Us” page on our website for confirmation of the entity name,
address and company details for the exact entity you are being sold
products by and entering into a contract with under these Terms
(referred to as "we" or "us" throughout these Terms).
How to contact us. Please see our "Contact Us" page on our Website for details of how to get in touch with us.
How we may contact you. If we have to contact you we
will do so by telephone or by writing to you at the email address or
postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
PART II. Our Contract with you
How we will accept your Order. Our acceptance of
your Order will take place when we email you to accept it, at which
point a binding legal contract will come into existence between you and
us. This usually takes place when (or shortly before) your order is
dispatched, but will be earlier when you purchase customized or
personalized products from us. For customized or personalized products
acceptance will take place when we email you confirmation that your
order is being processed; it is important to note this as this will
affect any right you may have to cancel your Order.
If we are unable to accept all or part of your Order, we will inform you of this. This might be because:
(a) the product is out of stock;
(b) you have pre-ordered a product which we have subsequently decided to not stock or manufacture;
(c) there are unexpected limits on our resources which we could not reasonably plan for;
(d) you are purchasing products from one of our Pro Sites and:
(e) we reasonably believe fraudulent activity is being carried out using your details or under your account; and/or
(f) we have identified an error in the price or description of the product.
These terms are important. Please ensure that you
read these Terms carefully, and check that the details on the Order and
these Terms are complete and accurate and submit your Order. If you
think that there is a mistake or require any changes, please call us to
discuss. We generally aim to confirm any changes in writing to avoid any
confusion as to what your updated Order is.
We amend these Terms from time to time. Please look
at the top of this page to see when these Terms were last updated and
which Terms were changed. Every time you place an Order with us, the
Terms in force at the time of your Order will apply to the contract
between you and us.
We can make changes to these Terms as they apply to your Order. We may only do so where there are changes in relevant laws and regulatory requirements, however.
If we have to make any material changes to these Terms, as they apply to your Order, we will give you notice.
In such situations we will give you reasonable written notice of any
changes to these Terms before they take effect. If you are not happy
with the changes you may cancel either in respect of all the affected
products or just the products you have yet to receive which form part of
your Order. If you opt to cancel, you will have to return (at our cost)
any relevant products you have already received and we will arrange a
full refund of the price you have paid, including any delivery charges.
PART III. Your Order: Cancellations, Warranty, Availability
You may cancel an Order before it is accepted by us. You can cancel your Order by calling us on the number here 866-226-2470 for the appropriate customer services team.
There is a process that you should follow if there is a problem with your Order. If there is a problem with any part of your Order:
(a) please contact us and tell us as soon as reasonably possible;
(b) please give us a reasonable opportunity to fix it;
(c) we will use every effort to repair or fix the defect as soon as reasonably practicable; and
(d) you will not have to pay extra for us
rectifying any mistakes or problems with your Order under this section
if they have been caused by us.
You are also entitled to certain rights of refund or return under Part V below.
Most of our products are covered by our warranty. Please see here for more information on what our limited warranty covers and what rights it gives you. Warranty
Images on our website may be different to products contained within your Order.
Images of any products shown on our website are for illustrative
purposes only. The contents of your Order may vary very slightly from
those images but will always be as they are described on the relevant
product page. The packaging of our products may vary from that shown on
images on our website.
As a consumer, you have legal rights in relation your Order.
We are under a legal duty to supply products that are in conformity
your contract with us and nothing in these Terms will affect your legal
rights. Depending on your jurisdiction, may have additional rights if
your Order is unsatisfactory. For example, you may be entitled to get a
repair or replacement for faulty or misdescribed goods during a certain
number of days from your date of purchase. A local consumer advice
organization will be able to advise you of your rights.
We will provide you with an estimated delivery date during the order process. We may not deliver our products to certain jurisdictions so please see this page for more information on any current delivery restrictions.
The costs of delivery will be as displayed to you on our website during
the order process. Generally, shipping is handled by a third party
courier. All Orders placed with us are made pursuant to a shipment
contract. This means that title to and the risk of loss of such Order passes to you upon our delivery of the Order to the third party courier.
PART IV. Payment
Customers Located Outside of the U.S.: Our prices do
not include VAT/sales tax or customs duties. You are responsible for
paying any such taxes, duties or other similar fees.
Customers Located in the U.S.: We will collect
applicable sales tax on Order shipped to the states for which we
determine we have a duty to collect sales tax. If an item is subject to
sales tax, you agree that the amount of taxes shown at checkout may be
adjusted. Several factors may cause this, such as variances between
processor programs and changes in tax rates.
What happens if we got the price wrong. It is always
possible that, despite our best efforts, some of the products we sell
may be incorrectly priced. We will normally check prices before
accepting your order so that, where the product's correct price at your
order date is less than our stated price at your order date, we reserve
the right to reject the order, or we will charge the lower amount. If
the product's correct price at your order date is higher than the price
stated to you, we will contact you for your instructions before we
accept your order. If we accept and process your order where a pricing
error is obvious and unmistakeable and could reasonably have been
recognised by you as a mispricing, we may end the contract, refund you
any sums you have paid and require the return of any goods provided to
you as part of your Order.
You will not be charged for your order before we dispatch your order.
Our accepted methods of payment will be shown on the order page during
the order process. Please be aware that accepted payment methods may
vary country by country and are subject to review and removal by our
third party partners. Unless you have purchased customized or
personalized products, we will not charge your credit or debit card
until we dispatch the products to you. We also reserve the right to
instead charge part of the payment upon dispatch and then the balance of
the payment upon or after delivery. We will charge you for customized
or personalized products following acceptance of your Order (see section
"How we will accept your order" above). By providing a credit card or
other payment method that we accept, you represent and warrant that you
are authorized to use the designated payment method and that you
authorize us (or our third party payment processor) to charge your
payment method for the total amount of your Order (including any
applicable taxes and other charges). If the payment method cannot be
verified, is invalid or is otherwise not acceptable, your Order may be
suspended or cancelled. You must resolve any problem we encounter in
order to proceed with your Order. In the event you want to change or
update payment information associated with your account, you can do so
by logging into your account and editing your payment information.
Shipping and handling. You agree to pay any shipping
and handling charges shown at the time you place your Order. We reserve
the right to increase, decrease, add or eliminate shipping and handling
charges from time to time, but we will provide notice of the charges
applicable to you before you make your purchase.
We use a third party to process our payment. We
currently use the following third party payment providers to provide
secure payment services in relation to any transactions entered into
using our online checkout depending on which website you are purchasing
from:
(a) Apple Pay;
(b) Klarna;
(c) Ingenico;
(d) PayPal;
(e) GMO;
(f) COD; and
(g) IDeal.
These payment providers may change over time, however.
PART V. Refunds and Cancellation
You have the right to return products to us within 30 days of
you receiving them for any reasons (subject to some restrictions and
conditions of course). Unless one of the exceptions listed
below applies, you may cancel your purchase without giving any reason
within 30 days from the date on which you receive the product (or for a
purchase of multiple products, the day on which you received the last
product). Please see our Returns page for how to return products to us
or any enhanced rights you may enjoy which apply based on your country
of residence.
Our 30 day return right does not apply in all circumstances. It will not apply in the following situations:
(a) after delivery, you unseal sealed products which are unsuitable for return due to health protection or hygienic reasons;
(b) after delivery, you unseal sealed products containing software programs or audio or video recordings (such as DVDs and CDs);
(c) the products are customized/personalised; and/or
(d) the products purchased are liable to deteriorate or expire rapidly.
How we will refund you. We will refund you the price
you paid for the products including delivery costs, by the method you
used for payment. However, we may make deductions from the price, as
described below. If you have returned the products to us because they
are faulty or mis-described, we will refund the price of the applicable
product(s) in full, together with any applicable delivery charges, and
any reasonable costs you incur in returning the item to us.
Deductions from refunds if you are exercising your 30 day right to change your mind.
If you are exercising your right to change your mind we may reduce your
refund of the price (excluding delivery costs) to reflect any reduction
in the value of the products, if this has been caused by your handling
them in a way which would not be permitted in a shop. See our Returns page
for information about what handling is acceptable and examples. If we
refund you the price paid before we are able to inspect the products and
later discover you have handled them in an unacceptable way, you must
pay us an appropriate amount.
When your refund will be made. We will make any refunds due to you within reasonable time and in accordance with the timings set out on our Returns page.
We also have rights to cancel in certain situations.
We may have to cancel an Order before it is delivered to you due to an
Event Outside Our Control (see "Events Outside of Our Control" below) or
if specific terms are disclosed to you at the time of Order if you are
ordering from our Pro Sites. If this happens:
(a) we will promptly contact you to let you know; and
(b) if you have made any payment in advance for the Order
and the Order has not been provided to you, we will refund these
amounts to you.
PART VI. Obligations and restrictions
We will not be liable or responsible for any failure to
perform, or delay in performance of, any of Our obligations under these
terms that is caused by an Event Outside Our Control. An "Event
Outside Our Control" means any act or event beyond Our reasonable
control. Some examples of this include strikes, lock-outs or other
industrial action by third parties, civil commotion, riot, invasion,
terrorist attack or threat of terrorist attack, war (whether declared or
not) or threat or preparation for war, fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disaster, or failure
of public or private telecommunications networks.
We will keep you informed if an Event Outside of Our Control takes place which effects your Order. If an Event Outside Our Control takes place that affects the performance of our obligations under these terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) unless we cancel your Order (see "We also have rights
to cancel in certain situations" above) our obligations under these
terms will be suspended and the time for performance of our obligations
will be extended for the duration of the Event Outside Our Control.
PART VII. Other important information
Our websites are controlled, operated, and administered by us from regional hubs.
As such, we are subject to a range of export and trade restrictions and
we reserve the right to restrict sale of our products to only countries
which are not subject to sanctions or export controls applicable to the
relevant region from which you are supplied without liability to you.
We further reserve the right to refuse to accept an Order from you in
the event that you become the target of export control laws and
regulations or trade sanctions of any particular region from which we
operate including the European Union and the United States of America
(for example, your identification as a Specially Designated National by
the United States of America Department of the Treasury or as a
Designated Person by the United Kingdom Her Majesty's Treasury). You
represent and warrant that: (a) you are not named on any U.S. government
list of persons or entities prohibited from receiving U.S. exports, or
transacting with any U.S. person; (b) you are not a national of, or a
company registered in, any jurisdiction where the provision of our
services is prohibited by law; and (c) you will comply with all
applicable laws regarding the transmission of technical data exported
from the United States and the country in which you are located.
We may transfer this agreement to someone else. We
may transfer our rights and obligations under these terms to another
organization. Any right and licenses granted may not be transferred or
assigned by you without our prior written consent.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court
or relevant authority decides that any of them are unlawful, illegal or
unenforceable, the remaining paragraphs will remain in full force and
effect.
Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required
to do under these terms, or if we delay in taking steps against you in
respect of your breaking this contract, that will not mean that you do
not have to do those things and it will not prevent us taking steps
against you at a later date.
FOR CUSTOMERS IN THE UNITED STATES, THE FOLLOWING SECTION APPLIES TO YOU:
Dispute Resolution; Binding Arbitration; Governing Law and Venue
Please read the following section carefully because it
requires you to arbitrate certain disputes and claims with us and limits
the manner in which you can seek relief from us.
Except for small claims disputes in which you or we seek to bring an
individual action in small claims court located in the county of your
billing address or disputes in which you or we seek injunctive or other
equitable relief for the alleged unlawful use of intellectual property,
you and we waive both of our rights to a jury trial and to have any
dispute arising out of or related to these Terms resolved in court.
Instead, all disputes arising out of or relating to these Terms will be
resolved through confidential binding arbitration held in Multnomah
County, Oregon in accordance with the Streamlined Arbitration Rules and
Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website
and hereby incorporated by reference. You either acknowledge and agree
that you have read and understand the rules of JAMS or waive your
opportunity to read the rules of JAMS and any claim that the rules of
JAMS are unfair or should not apply for any reason.
You and we agree that any dispute arising out of or related
to these Terms is personal to you and us and that any dispute will be
resolved solely through individual arbitration and will not be brought
as a class arbitration, class action or any other type of representative
proceeding.
You and we agree that these Terms affect interstate commerce and that
the enforceability of this Section will be substantively and
procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et
seq. (the "FAA"), to the maximum extent permitted by applicable law. As
limited by the FAA, these Terms of Use and the JAMS Rules, the
arbitrator will have exclusive authority to make all procedural and
substantive decisions regarding any dispute and to grant any remedy that
would otherwise be available in court; provided, however, that the
arbitrator does not have the authority to conduct a class arbitration or
a representative action, which is prohibited by these Terms. The
arbitrator may only conduct an individual arbitration and may not
consolidate more than one individual’s claims, preside over any type of
class or representative proceeding or preside over any proceeding
involving more than one individual. You and we agree that for any
arbitration you initiate, you will pay the filing fee and we will pay
the remaining JAMS fees and costs. For any arbitration initiated by us,
we will pay all JAMS fees and costs. You and we agree that the state or
federal courts of the State of Oregon and the United States sitting in
Multnomah County, Oregon have exclusive jurisdiction over any appeals
and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms must be filed
within one year after such claim arose; otherwise, the claim is
permanently barred, which means that you and we will not have the right
to assert the claim.
You have the right to opt out of binding arbitration within thirty
(30) days of the date you first accepted the terms of this Section by
sending an email to legal@fuerstgroup.com. In order to be effective, the
opt-out notice must include your full name and clearly indicate your
intent to opt out of binding arbitration. By opting out of binding
arbitration, you are agreeing to resolve Disputes in accordance with the
following paragraph.
These Terms, including any dispute or claim arising out of or in
connection with these Terms (including non-contractual disputes or
claims) are governed by and shall be construed in accordance with Oregon
law, without regard to conflict of law rules or principles (whether of
Oregon or any other jurisdiction) that would cause the application of
the laws of any other jurisdiction. Any dispute between the parties that
is not subject to arbitration or cannot be heard in small claims court
will be resolved in the state or federal courts of Oregon and the United
States, respectively, sitting in Multnomah County, Oregon.
FOR CUSTOMERS IN THE EUROPEAN ECONOMIC AREA, THE FOLLOWING SECTION APPLIES TO YOU:
Which laws apply to this contract and where you may bring legal
proceedings. If you are a consumer and a resident of any country in the
European Economic Area where we directly sell any of our products, you
agree that these Terms shall be governed by the law of your country of
residence without giving effect to any conflict of laws principles that
may provide the application of the law of another jurisdiction. You and
we both agree to submit to the non-exclusive jurisdiction of the courts
in the country of your residence.
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Chrome and the Chrome logo are registered trademarks of Chrome
Industries, Inc.