Welcome to hammacher.com (our "Site"), the Internet marketing arm of Hammacher Schlemmer & Co., Ltd. ("Hammacher," "we," "our" and "us").  If you use or order from our Site, you agree to our Terms of Use.  The information contained in this Site, including but not limited to these Terms of Use, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.

Hammacher creates and controls this Site from its offices in Chicago, Illinois, USA, and if your orders are accepted, they will be accepted in Illinois. By using this Site, you agree that Illinois law will govern these Terms of Use and your relations with Hammacher, without giving effect to any principles of conflicts of laws.  If you do not agree, please do not use this site.  If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws. 

Privacy.
Use of information that we collect from you on this Site is governed by our Privacy Policy.

Age of Users. 
This Site should not be used by children under age 13 unless with permission and supervision of a parent or guardian.  We do not knowingly collect personal information on this Site from or about children. Only adults and children over 13 may order from us on our Web Site.

Content Errors
Prices and availability of products are subject to change without notice. Our goal is to provide only up-to-date and accurate information to our customers.  But mistakes happen and occasionally product descriptions on hammacher.com or in our catalog may contain typographical errors, inaccuracies, or omissions concerning product specifications, prices or availability, and product photos may sometimes depict a different product version than the one we will ship.  We reserve the right to correct and update information on our Site at any time, without notice.  We also reserve the right to revoke any offer that contains an error, or for a product that is not available, at any time prior to shipment, including after you have submitted an order and whether or not the order has been confirmed and your credit card charged.  In that event, we will reverse any applicable charges that have been made to your credit card, and if the product is or will be available will attempt to contact you concerning the mistake to receive your instructions as to whether you wish to purchase on the basis of the corrected information.   If you believe a product that we ship you is not as described, you may return it to us under our Free Lifetime Guarantee.

Account Registration
If you establish an electronic account with us, you are responsibility for maintaining the confidentiality of your account and password, and for restricting access to the computer(s) you have used to place orders.

Shopping Security
Orders that you submit are protected by SSL (Secure Sockets Layer) as described in our Privacy Policy, and by daily ScanAlert Testing.

Payment for Orders
We accept Visa®, MasterCard®, AmericanExpress®, and Diner's Club® card numbers in payment of orders.

Generally, we do not charge your credit card until we ship your order.  If all ordered items are not currently available, we will ship what we have and charge you only for what we have shipped.  If additional stock is expected within the next 30 days, we will ship your back-ordered items when they arrive and charge your card for those items at time of shipment.  If an item is out-of-stock and not expected to arrive within 30 days, we will contact you about the delay and ask for your instructions as to whether you want the product shipped when it becomes available. Some of our items are drop-shipped by the manufacturer.  In that case we will charge your card when the manufacturer notifies us that it has shipped the item(s).  As a result, a single order may result in multiple charges to your account.  However, your total shipping charges will not exceed the charges you would have paid, bases on order price, if all items had been shipped at once.  Our shipping charges are described at Shipping and Services and Canadian & International Orders.

Validating or Rejecting Your Order.
After you place an order using our shopping cart, we will check the information you provide to verify availability of your method of payment or shipping address.  We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason.  If we reject your order, we will attempt to notify you using the e-mail address or other contact information you have given us with the order   Your credit card will normally not be charged if we reject an order, but we will process a refund if a charge has been made against your card.

Order Acceptance and Confirmation
Your orders are only accepted by shipment of the item(s).  Your receipt of an electronic or other form of order confirmation does not create a contract to sell you the product. Hammacher reserves the right to accept or decline your order for any reason prior to shipment. 

You may check the status of your order at any time online at: Order Status.

Returns and Exchanges.
Each shipment will arrive with a packing slip that makes returns and exchanges easy if you are not satisfied with what you ordered. see  Returns & Exchanges for more information. 

Canadian Orders
By placing an order destined for delivery to Canada, the customer authorizes Russell A. Farrow Limited to obtain customs clearance for the customer’s merchandise and remits applicable duty and taxes on the customer’s behalf to Revenue Canada, Customs and Taxation.

By returning merchandise to our Canadian address, the customer authorizes Russell A. Farrow Limited to submit a claim for duty and taxes to Revenue Canada, Customs and taxation on the customer’s behalf and to receive, endorse and deposit all such refunds. Hammacher Schlemmer will return the purchase price, duty and taxes directly to the customer. Shipping & Service and Brokerage Fees are non-refundable.

Electronic Communications
If you give us your e-mail address when you order on our Site, we will e-mail confirmation that we have received your order.  Other ways in which we may use your e-mail address and ways to opt out of receiving e-mails not related to your order are described in our privacy policy.  When you visit hammacher.com, place an order or send us an e-mail, you are communicating with us electronically.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, whether by e-mail or posting them on this Site, satisfy any legal requirement that such communication be in writing.  These Terms of Use create a binding agreement between us, without need for signature of either side.

Your Feedback and Suggestions
Your opinions matter, and we encourage you to respond to our Customer Survey or e-mail us at customerservice@hammacher.com with suggestions for improving our services.  Unless we have entered into a written contract signed by both sides concerning use of your ideas before you disclose them, you agree that we may use your voluntary submissions at our sole discretion, and have no obligation to pay you for them.

Hammacher receives referrals of customers through hyperlinks from a large number of affiliates, who may earn commissions on resulting sales.  Web sites operated by these affiliates are not owned by Hammacher, and we have no control over, and expressly disclaim any responsibility for the content, operation or business practices of such Affiliates or their web sites.  If you arrive at hammacher.com through a link from an Affiliate, you should review that Affiliate's privacy policy to learn if and how the Affiliate will collect and use information about you.

Site Content and Use Restrictions
We or our suppliers own copyrights in all of the written, visual and oral information published on our Site (the Site's "Content"), the design and graphical user interface of our Site, and the software that operates the Site.  We give you permission to display, download and print in hard copy pages of our website, but only for your personal and non-commercial shopping use.  No other copying of our Site or its Content is permitted without our prior consent.

Trademark Information
Hammacher Schlemmer and The Best, The Only and The Unexpected since 1848, are service marks of Hammacher Schlemmer, Inc. registered in the U.S. and other jurisdictions. Other trademarks that may appear in the descriptions or photos of products are owned by and used with permission of the product's manufacturer.

Warranty Disclaimers
Our Site and its services are provided on an "As Is" and "As Available" basis, with all faults. Our products come with our Free Lifetime Guarantee.   To the maximum extent permitted by applicable law, Hammacher disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.  Without limiting the foregoing, we make no warranty, express or implied (i) as to the operation or Content of our Site, (ii) that use of our Site will be uninterrupted or error-free, (iii) as to the accuracy, reliability or currency of our Site's Content, (iv) that our Site, the Servers that host it, or e-mail we send you are free of viruses, or (v) that information we collect on our Site is immune from access by hackers and other unauthorized users.  

Applicable law may not allow exclusion of implied warranties, so some or all of the above disclaimers may not apply to you.

Limitation of Liability
In no event, including its own negligence shall Hammacher be liable for any damages in excess of the price of merchandise you have ordered, that result from your use of or inability to use  hammacher.com, even if resulting from your reliance on information in our Site's Content or from mistakes, omissions, service interruptions, the deletion, degradation or corruption of files or email, software errors or defects, viruses, delays in operation or transmission, communication failure, theft, destruction or unauthorized access to Hammacher's records, programs or services. 

Neither Hammacher nor its suppliers shall be liable for any indirect, incidental, special or consequential damages arising from your use of our Site or the purchase of our products, even if any of them have been advised of the possibility of such damages.

Disputes.
You agree that to the maximum extent permitted by applicable law, courts sitting in Cook County, Illinois will have sole and exclusive jurisdiction for any litigation that arising out of your use of this Site and products you order on this Site.  You submit to personal jurisdiction of any such court and waive claims that that forum inconvenient.  If any provision of these Terms of Use is unlawful, void or unenforceable under applicable law, you and Hammacher submit to modification of such provision so as to make it enforceable, or if modification is not possible, to severance of the offending provision and enforcement of the remainder of this Agreement.

Termination
Hammacher may, in it sole discretion, terminate your account or your use of hammacher.com at any time.  Hammacher reserves the right to change, suspend, or discontinue any or all aspects of our Site or its Content at any time without prior notice.

Entire Agreement
These Terms of Use (including all hyperlinked text) state the entire agreement and understanding between you an Hammacher on its subject matter, and supersede any prior statements or understandings on that subject matter.