Welcome to www.thehorecastore.com

HorecaStore is registered in the United States of America ("USA") with its office located at 8800 Bissonnet Street, Suite A, Houston, Texas 77074, USA ("we", "our" or "us").

These Terms of Use and all policies and additional terms (if applicable) posted on the Site set out the terms on which we offer you access to and use of our Site, services and applications including our mobile application (collectively, the "Services"). You can find all of our policies and additional terms here: www.thehorecastore.com ("Legal Documents"). These Legal Documents are incorporated by reference into these Terms of Use.

By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect. These Terms of Use and the Legal Documents are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use and Legal Documents as so modified.

References in these Terms of Use to "you" (or similar) are references to you as an individual or legal entity as the case may be.

ABOUT OUR SITE

The Site is an e-commerce platform that allows enterprise entities to offer and sell products, and individuals and enterprise entities to buy products.

We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.

ELIGIBILITY AND REGISTRATION REQUIREMENTS

1. You are eligible to register as a buyer or seller and benefit from the Services if you meet the following eligibility criteria:

2. For buyers:

3. You are above the legal age for purchasing products in your country of residence; and

4. You are able to provide an address in the United States of America (USA) for delivery of products.

5. For sellers:

6. You are a legal entity duly registered in your jurisdiction;

7. You have a current trade license or valid business registration, as applicable;

8. You provide proof of authorization for the individual who will be registering and using the Site;

9. You provide identification for the authorized person;

10. You can provide supporting bank details; and

1. You acknowledge and agree that for certain product categories, additional requirements might be applicable.

2. To register on the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information.

13. We reserve the right to decline any registration without further explanation.

14. We reserve the right to undertake such checks as are necessary to verify your identity.

15. Once you have completed registration, your registration shall continue for an indefinite period, subject to suspension or termination under clause 6 of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

1. Except for the rights expressly granted under these Terms of Use:

2. All content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is our property or the property of our licensors. We (or our licensors, as the case may be) retain all rights, title, and interests in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein;

3. All rights, title, and interest in and to any information, materials, or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.

4. You agree that you have no right to use any of our trademarks without our prior written consent.

5. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.

WARRANTIES, REPRESENTATIONS & UNDERTAKINGS

1. You warrant, represent, and undertake that:

2. You shall fully comply and will at all times continue to fully comply with all applicable laws, statutes, and regulations, including, without limitation, all privacy laws and content regulations;

3. You have full power and authority to enter into these Terms of Use, and the execution and performance of your obligations under these Terms of Use does not conflict with:

• any laws, rules, regulations, or governmental guidelines to which you are subject;
• any other agreements to which you are a party to or to which you are otherwise bound by;

4. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Use. Such account is deemed to be owned and controlled by the business entity;

5. You own or have the authority to grant the rights and licenses granted to us by you under these Terms of Use;

6. Any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world, including, without limitation, any Intellectual Property Rights (whether registered or not).

7. Subject to clause ‎4:1, the Services are provided to you on an "as is" basis without representations, warranties, or conditions of any kind. We disclaim all warranties, conditions, and representations of any kind, whether express, implied, or collateral, including, but not limited to, all conditions, representations, or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility, or that the Services are secure or error-free or will operate without interruption or will be provided in a timely or proper manner or at all.

8. Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. As a seller, it is your responsibility to review the content of your listings for accuracy and you will not attempt to hold our catalog/content providers or us responsible for inaccuracies.

LIABILITY & INDEMNITIES

1. Nothing in these Terms of Use shall limit or exclude a party's liability:

• for fraud, including fraudulent misrepresentation, perpetrated by that party;
• for death or personal injury caused by the negligence of that party; or
• for any other liability that cannot be limited or excluded under applicable law.

2. Subject to clause ‎4.1, in no event will we, our parent company, subsidiaries and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or concerning these Terms of Use for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors, or suppliers have been advised of the possibility of such damages.

3. In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries, and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

• the content or other information you provide when using the Services;
• your use of or your inability to use our Services;
• pricing, shipping, format or other guidance provided by us;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• bugs, errors or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of products sold on the Site or our Services;
• the content, actions or inactions of third parties using our Services;
• a suspension or other action taken by us for your use of the Services;
• the duration or manner in which your listings appear in search results; or
• your need to modify practices, content or behavior or your loss of or inability to do business as a result of changes to these Terms of Use.

4. Subject to clause ‎4.1, if clauses ‎4.2 or ‎4.3 are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries, and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or about these Terms of Use shall be limited to the lower of:

• the price of the item sold for on our Site and its original shipping costs; and
• the amount of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability; or
• $100.

SUSPENSION, TERMINATION & CANCELLATION

We may, at our sole discretion and without prejudice to any of our rights and remedies and any liability to you, limit, suspend or permanently withdraw your access of our Services, cancel any product(s) order and/or remove hosted content submitted by you for any reason including, without limitation, the following:

• if we believe that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use;
• If you use our Platform or Services for any unlawful and fraudulent purposes or in connection with a criminal offense or abuse our policy and rules;
• You are suspected of inventory abuse. The following shall (without limitation) constitute inventory abuse:
• Products ordered are not for self-consumption but for commercial resale;
• Invalid address given in order details;
• Any abuse or fraud used to place the order; or
• Any order placed using a technological glitch/loophole.
• We reserve our right to take appropriate action if you are suspected of acting fraudulently or if you file invalid and/or false claims or provide false, incomplete, or misleading information. You may be considered to be engaging in fraudulent activities if any of the following (without limitation) are met:
• you don't reply to the payment verification mail sent by us;
• you fail to produce adequate documents during the payment details verification;
• you misuse credentials not belonging to you;
• you use an invalid address, email, and phone no;
• you attempt to overuse a voucher code;
• you return the wrong or damaged product;
• you refuse to pay for an order;
• for Cash On Delivery items, you use fake currency notes to make the payment;
• you abuse or harass the delivery staff;
• miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Horeca Store;
• your return, the undeliverable rate is very high and often the returned products are missing, fake, or damaged; or
• Repeated requests for monetary compensation.

If your access to our Services or our Platform is terminated for any reason, we may delete any content or other materials relating to your use of the Service (including any credits earned through loyalty programs or reward points) and we will have no liability to you or any third party for doing so. However, the details of your transaction may be preserved by us for purposes of tax or regulatory compliance.

For the avoidance of doubt, any amounts paid and received by us concerning a canceled product(s) order will be refunded.

GENERAL HORECA STORE AFFILIATES & ADDITIONAL FUNCTIONS

1. Horeca Store and/or its affiliates provide website features and other products and services to you when you use or sign-up as a buyer and/or seller on the Site. "Affiliate" means, concerning a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person.

2. To enhance your experience across the Site and with Horeca Store's Affiliates, you hereby agree that we may set up additional services, functions and/or accounts on your behalf, by using the information you provide to us on the Site.

GENERAL

1. Governing Law: These Terms of Use and any non-contractual rights or obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law principles.
2. Dispute Resolution: If you have an issue with our Services, please contact us. We will endeavor to resolve your issue as soon as possible. Any disputes or Claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use, shall be referred to and finally resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the United States of America. The language to be used in the arbitration shall be English.
3. Third Party Rights: A person who is not a party to these Terms of Use has no right to enforce any of its terms.
4. Relationship of the Parties: Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership, joint venture or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.
5. Further Assurances: The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.
6. Assignment: These Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.
7. Entire Agreement: These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties concerning the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
8. Amendment: These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the "effective date" (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.
9. Severability: If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
10. Force Majeure: Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party, whether or not such acts could reasonably be anticipated, including acts of God, legislative, judicial or regulatory acts of any state or federal government, court or regulatory authority, acts of any of our subcontractors or any third-party providers of goods or Services to us, labor disruptions, blackouts, or embargoes.
11. No Waiver: Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
12. Communications: You may contact us through email sales@thehorecastore.com, social media or live chat on the Site, or by calling our call center on +1 866-446-7322 (USA).
13. Survival: All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.