Términos del servicio

TERMS OF SERVICE

Last Updated: 12/01/2025

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING WWW.HAAKWEAR.COM (THE "SITE") OR ANY SERVICES, PRODUCTS, CONTENT, FEATURES, OR APPLICATIONS OFFERED BY HAAKWEAR (COLLECTIVELY, THE "SERVICES"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("TERMS") AND ALL POLICIES INCORPORATED BY REFERENCE, INCLUDING THE PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR SERVICES.

These Terms are a legally binding agreement between you and Haakwear (also referred to as "HW Haakwear," "we," "us," or "our"), located at 5319 Broadview Rd, Parma, Ohio 44134, USA. These Terms supersede all prior agreements.


1. ELIGIBILITY AND ACCEPTANCE

You represent that you are at least the age of majority in your jurisdiction and have the legal capacity to enter into this agreement. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity.


2. CHANGES TO TERMS

We may update these Terms at any time in our sole discretion. Changes are effective upon posting. Your continued use of the Services constitutes acceptance of the revised Terms.


3. ACCOUNT REGISTRATION AND SECURITY

You are responsible for maintaining the confidentiality of your account credentials and all activities under your account. You agree to provide accurate, current, and complete information and to promptly update it. We are not liable for unauthorized access caused by your failure to secure your account.

We reserve the right to suspend or terminate accounts for inaccurate information, suspected fraud, security concerns, or any violation of these Terms.


3A. TEXT MESSAGE (SMS) COMMUNICATIONS

By providing your mobile phone number to Haakwear, you expressly consent to receive transactional, operational, and promotional text messages (SMS/MMS) from Haakwear, including order confirmations, shipping updates, customer support messages, and marketing offers.

Consent to receive text messages is not a condition of purchase. Message frequency may vary. Standard message and data rates may apply depending on your carrier.

You may opt out of receiving promotional text messages at any time by replying STOP to any message. For help, reply HELP or contact us at contact@haakwear.com.

You represent that you are the authorized user of the mobile number provided and that you have permission to receive text messages at that number. You agree to notify us if your mobile number changes.

Haakwear is not responsible for delayed or undelivered messages, carrier issues, or errors caused by third-party telecommunications providers.


4. ORDERS, PRICING, AND PAYMENTS

All prices, descriptions, and availability are subject to change without notice. We reserve the right to refuse, cancel, or limit any order at our discretion, including after confirmation.

Risk of Loss: Title and risk of loss pass to you upon delivery to the carrier.

Chargebacks: Unauthorized or abusive chargebacks may result in account termination and recovery of costs, including fees and collections expenses.


5. SHIPPING, RETURNS, AND FINAL SALE

Shipping timelines are estimates only and not guaranteed. We are not responsible for carrier delays.

All sales are final unless otherwise stated in a written return policy posted on the Site. Custom, personalized, promotional, giveaway, and donated items are non-returnable and non-refundable.


6. PRODUCT DISCLAIMERS

Products are provided "AS IS" and "AS AVAILABLE." Natural variations in color, fit, texture, or materials are not defects. Care instructions must be followed. We disclaim responsibility for misuse, improper care, allergic reactions, choking hazards, or third-party modifications.

Made in USA Disclosure: Haakwear beanies are made of 100% acrylic. They are proudly made in the United States using imported acrylic yarn. The yarn is knitted into fabric in the United States, and all cutting, sewing, finishing, customization, and final assembly are performed in the United States, specifically in Cleveland and Parma, Ohio.


6A. KIDS BEANIES – SAFETY, AGE GUIDANCE, AND LIMITATION OF LIABILITY

Haakwear offers children’s beanies intended solely for general cold-weather wear.

Not a Toy: Kids beanies are apparel items and are not toys. They are not designed for play, sleep, or unattended use.

Age Guidance: Kids beanies are intended for children approximately 12 months to 5 years old, unless otherwise stated on the product page or label. Fit may vary by child. Parents or legal guardians are solely responsible for determining appropriate sizing and use.

Supervision Required: Adult supervision is recommended at all times while children are wearing beanies.

Use Restrictions: Kids beanies should not be used during sleep, in cribs, playpens, car seats, strollers without supervision, or in any situation where airflow or vision could be restricted.

Material Disclosure: Kids beanies are made of 100% acrylic. Individuals with sensitivities or allergies should discontinue use immediately.

Care and Wear: Failure to follow provided care instructions, misuse, alteration, or use outside intended purposes voids any responsibility of Haakwear.

Assumption of Risk: By purchasing or using kids beanies, you acknowledge and accept all risks associated with use and agree that Haakwear shall not be liable for injuries, incidents, or damages arising from improper use, lack of supervision, incorrect sizing, or failure to follow instructions.


6B. LABELING AND PRODUCT COMMUNICATION CONSISTENCY

For compliance, transparency, and consumer clarity, Haakwear may include safety notices, age guidance, material disclosures, and country-of-origin statements on product pages, packaging, hang tags, or labels. Such statements are informational only and do not constitute warranties or guarantees.


7. INTELLECTUAL PROPERTY

All content, trademarks, logos, designs, text, images, and software are owned by or licensed to Haakwear and are protected by U.S. and international law. No rights are granted except as expressly stated.

Unauthorized use, reproduction, or distribution is strictly prohibited.


8. USER CONTENT AND FEEDBACK

By submitting content, feedback, ideas, or suggestions, you grant Haakwear a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, reproduce, distribute, and exploit such content for any lawful purpose, without compensation.

You represent that you own or have rights to the content submitted and that it does not infringe third-party rights.


9. PROHIBITED CONDUCT

You agree not to:

  • Violate any law or regulation;

  • Infringe intellectual property or privacy rights;

  • Submit false, misleading, defamatory, obscene, or harmful content;

  • Introduce malware or attempt to interfere with Site security;

  • Use automated systems to scrape or access the Site without permission.


10. TERMINATION

We may suspend or terminate access to the Services at any time, with or without notice, for any reason, including suspected fraud or violations. Termination does not limit our rights or remedies.


11. DISCLAIMERS OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAAKWEAR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO HAAKWEAR FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.


13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Haakwear, its owners, officers, employees, agents, and affiliates from any claims, damages, liabilities, costs, and expenses arising from your use of the Services, violation of these Terms, or infringement of rights.


14. FORCE MAJEURE

We are not liable for failure or delay caused by events beyond our reasonable control, including acts of God, labor disputes, supply chain disruptions, carrier delays, or governmental actions.


15. GOVERNING LAW

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.


16. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ CAREFULLY.

Any dispute arising from or relating to these Terms or the Services shall be resolved by binding arbitration administered in Ohio under the rules of the American Arbitration Association.

YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL. Claims must be brought on an individual basis only.


17. ASSIGNMENT

You may not assign these Terms without our consent. We may assign our rights freely.


18. SEVERABILITY AND WAIVER

If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce any right is not a waiver.


19. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Haakwear regarding the Services.


20. CONTACT

Haakwear
5319 Broadview Rd
Parma, Ohio 44134
Email: contact@haakwear.com
Phone: 216-634-9025


ADDENDUM A: GIVEAWAY TERMS (WHEN ACTIVE)

Participation is voluntary. No purchase necessary. Open to U.S. residents 18+. We reserve the right to modify, suspend, or cancel giveaways at any time. Odds depend on entries received. Prizes have no cash value and are non-transferable. We are not responsible for platform outages, delivery issues, or participant error. Governed by Ohio law.


ADDENDUM B: HAAKWEAR GIVING BACK PROGRAM

Participation is subject to approval. Program terms, discounts, donation percentages, and eligibility may change or terminate at any time. No warranties are made regarding donations or third-party platforms. Participants agree to indemnify Haakwear for misuse, fraud, or misrepresentation. Governed by Ohio law.