Terms of Service and Use

These Terms of Use (“Terms of Use”) govern your use of and access to the Heatwave website (“Site”). By accessing or using the Site, or by otherwise accepting these Terms of Use, you (an individual or entity) agree to the terms and conditions set forth in these Terms of Use. If you violate or do not agree to these Terms of Use, your access to and use of the Site is unauthorized.

These Terms of Use may be changed at any time and notice of such changes shall be given by posting updated Terms of Use on the Site. Your continued use of the Site thereafter constitutes acceptance of the updated Terms of Use.

Last Update: April 2019

Definitions

“Heatwave Sauces” or “Heatwave means Heat Wave Sauces and any subsidiaries and affiliates of Heat Wave Sauces (including any that Heat Wave Sauces may form or acquire in the future). We also refer to Heat Wave Sauces as ‘we’, ‘us’ and ‘our’. “Site” means the website at [www.heatwavesauces.com]. When we say “you” or “your” we mean users of the Site.

License

Heat Wave Sauces grants you a limited, revocable, license (“License”) to access and use the Site pursuant to these Terms of Use.
If you are accessing the Site as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.
If you are accessing the Site as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.

Account Registration

To make a purchase on Heatwavesauces.com, you must register for an account. You must be at least 18 years old to register for an account. Only one account is permitted per person.
You agree that all of your registration information will be true and complete, and you will keep your account information current and up-to-date. You agree to keep your Heat Wave Sauces username and password confidential, and to access the Site from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms of Use. You will be responsible for all purchases made, and anything else that occurs, through your account.
Please notify us immediately of any suspected unauthorized activity on your account.

Placing an Order

Orders and Pricing

Pricing errors, out-of-stock and other errors occasionally occur on the Site. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we’re very sorry for the inconvenience. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again. In addition, if any item you request becomes unavailable on the Site, we may cancel your order.

Taxes

Items sold on the Site may be subject to tax. Prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order. This tax amount will depend on various factors, including the items purchased and the shipment destination.

Title and Risk of Loss

Title to the items purchased by you on the Site (and the related risk of loss on these items) passes to you upon delivery of the items to the common carrier used by Heat Wave Sauces.

Returns and Refunds

Our returns policy does not affect your legal rights under the Distance Selling Regulations, The Sale of Goods Act or other legislation. If you wish to return an item bought from us please contact us via info@heatwavesauces.com within 30 days of receiving the order clearly stating your full contact details and order reference number. Items returned during the 30 days must be in their original condition and packaging and under no circumstances should be used. We reserve the right to refuse a refund on any item, which has been opened, damaged, dirtied, in un-saleable condition or which have not been returned to us in line with the specified return procedure. Any return made outside the defined timeframes will not be accepted.

Promotions/Coupons, Discounts and any other special deals

  • Only one coupon code may be redeemed per user account/per promotion.
  • Coupon codes cannot be used in combination with other discounts, coupons, promotions, shipping specials or other promo codes.
  • Coupon codes can only be redeemed online.
  • Each coupon is valid for a limited time only and expires on the date specified in the offer or as long as supplies last. After this date the items or discount offered cannot be claimed.
  • Heatwavesauces.com reserves the right, without further notice, to modify the terms and conditions for use of coupon odes, or to suspend or cancel the program in whole or in part.
  • Even if a coupon is accepted at check out, all orders are reviewed by our online customer service team prior to fulfillment. If orders are deemed in violation of any of these Terms and Conditions, they will be adjusted accordingly.

Resale

We reserve the right to prohibit or limit sales to resellers or other parties who purchase a product from Heat Wave Sauces with the intention to resell that product. We also reserve the right to limit the quantity of items purchased per account, credit card, shipping address, person, household or order for any reason.

Privacy

You consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, which may be updated from time to time.

Use of Materials on the Site

All content on the Site (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by Heat Wave Sauces, other content providers (such as J by Heat Wave Sauces’ retail partners or suppliers) or their licensors, and may be protected by copyright, trademark, and other applicable laws.
Your access to and use of the Site does not grant you any license or right to use any trademark, logo, or service mark displayed on the Site. by Heat Wave Sauces, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Site, including all associated intellectual property rights. Heat Wave Sauces neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties.
You may access the Site only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.
Any other use of the material on the Site, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the Site, or use of the Site for purposes competitive with by Heat Wave Sauces, or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time.

Content You Submit

You may create, provide or upload certain content (“Content”) on your account profile, forums, or other parts of the Site. By providing or uploading Content, You (a) represent that (i) the Content is consistent with the Acceptable Use provision below, (ii) is accurate, and (iii) you have proper ownership or license to grant Heat Wave Sauces the following license to use Content; (b) grant to Heat Wave Sauces a worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, and use the Content in the provision of Service to You and others. We will treat Content provided by You in accordance with our Privacy Policy, which is hereby incorporated by reference.

Acceptable Use

As a condition of your license to use and access the Site, you agree that you will not do any of the following:

  • Use the Site if you are under the age of 18 or otherwise unable to enter into binding legal agreements;
  • Share your account or password with others;
  • Use the Site unlawfully or for an unlawful purpose;
  • Transmit any Content that is illegal, abusive, harassing, racist, or which constitutes hate speech;
  • Stalk, harass, or harm another individual;
  • Impersonate another, misrepresent or falsely identify yourself;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
  • Take any action that imposes an unreasonable or disproportionately large load on by Heat Wave Sauces’ servers;
  • Use any robot, spider or other automatic device, or a manual process, to collect or harvest information about users or products for sale.

Limitation of Liability

IN NO EVENT SHALL HEAT WAVE SAUCES, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE PRODUCTS WE SELL ON THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

No Warranty

THE SITE AND ANY PRODUCT MADE AVAILABLE TO YOU THROUGH THE SITE IS PROVIDED AS IS. HEAT WAVE SAUCES MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, HEAT WAVE SAUCES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SITE.

Indemnification

You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Heat Wave Sauces and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys fees and court costs, arising out of or relating to your access to or use of the Site, any content you post or submit to the Site, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. Heat Wave Sauces reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Heat Wave Sauces if and as requested by Heat Wave Sauces in the defense of such matter.

Termination by Heat Wave Sauces

We may close your account at any time in our sole discretion and without notice to you. While we always want to promote a great shopping experience at by Heat Wave Sauces, this means we can close (or suspend) your account if we believe you are using the Site in a manner not intended by us, or in a way that circumvents these Terms of Use, or is contrary to the spirit of any activity on the Site (like a promotion or contest). In no case will by Heat Wave Sauces closure of your account, or reduction of your access to the Site, waive or affect any other right or relief to which Heat Wave Sauces may be entitled.

Miscellaneous

  • No Waiver. Heat Wave Sauces’ failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.
  • Entire Agreement. These Terms of Use, together with the Privacy Policy and any amendments and additional agreements you might enter with Heat Wave Sauces in connection with our Site or Service, shall constitute the entire agreement between you and Heat Wave Sauces concerning the Site or Service, and shall supersede any prior terms you had with Heat Wave Sauces regarding the Site or Service.
  • Severability. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use shall remain in full force and effect.
  • Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
  • Choice of Law. The Terms of Use shall be governed by the laws of the Netherlands without regard to its conflict of law provisions.

How to Contact Us

If you have any questions or comments, please contact us by:

  1. emailing us at info@heatwavesauces.com
  2. contacting us by phone at +31 (0) 36 57 23 77; or
  3. mailing us at the following address:
    Heat Wave Sauces
    Ottho Heldringstraat 11H
    1066AZ Amsterdam
    The Netherlands