Terms of service.
OVERVIEW
This website is operated by the Holly Hill Inn, assumed name of Ilex Summit, LLC, Ouita Michel, Chris Michel, and the Holly Hill Restaurant Group (collectively “Holly Hill Inn”). Throughout the site, the terms “we”, “us” and “our” refer to HOLLY HILL INN. HOLLY HILL INN offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. “You” means you or anyone permitted by you to access or use this website or the Service.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services and you must cease access to the website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, tools or amendments which are added to the current website and store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Any Terms of Service of Shopify, Inc. are applicable to your use of our service and are incorporated by reference.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products prior to your purchase of them are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
You agree that we will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, Section 21.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate or match the product’s color.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer of sale or for your purchase of any product or service made on this site is void where it is prohibited by law.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may, but are not obligated to, attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You will not be charged for any part of an order not fulfilled.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, contact information and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy, Section 21.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with, approve of and agree to the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party links or websites, and we do not warrant and you agree we will not have any liability or responsibility to you for any third-party materials or websites, or for any other materials, products, or services of third-parties.
You agree that we are not liable for any harm or damages to you related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies, practices and terms of service and make sure you understand, and agree to follow them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without attribution to you or restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not defame or violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party and you waive any claims against us for any comments by us or a third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, Section 22.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right at any time without prior notice to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on any basis, including but not limited to gender, sexual orientation, religion, ethnicity, race, color, age, national origin, disability, military status or any other classification protected by law; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right in our complete discretion to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk and the inability to use the Service breaches no obligation of us. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HOLLY HILL INN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. If an applicable jurisdiction does not allow the exclusion or the limitation of liability for certain damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless HOLLY HILL INN and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, your violation of any law or the rights of a third-party, or your actions.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations of the parties and liabilities incurred prior to the termination of your use of the Services survive the termination for all purposes. These Terms of Service remain effective after termination of the use of the Services. You may terminate your use of the Services at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate the use of Services at any time without notice however you will remain liable for all amounts for liabilities and payment for Services or products provided up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site, as amended, or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States, and the State of Kentucky without application of its conflicts of law.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: info@hollyhillandco.com
SECTION 21 – RETURN OR REFUND POLICY
We have a 30-day return policy, which means you have 30 days after receiving your item to request a return or refund.
To be eligible for a return or refund, your item must not be perishable and it must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
To start a return, you can contact us at info@hollyhillandco.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
You can always contact us for any return or refund question at info@hollyhillandco.com. If you have a question that we can answer about your order, email our friendly customer service department at info@hollyhillandco.com, let us know your question and be sure to include your phone number where you can be reached.
Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Exceptions / non-returnable items
Certain types of items cannot be returned or eligible for a refund, like perishable goods (such as food), and custom products (such as special orders or personalized items). Please get in touch if you have questions or concerns about your specific item.
Unfortunately, we cannot accept returns on sale items or gift cards.
Exchanges
The fastest way to obtain an exchange, if the item is eligible, is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
Shipping
Please note we are not responsible for delays caused by shipping carriers. During busy times of the year, such as the Holidays, we encourage customers to order for delivery allowing for potential shipping delays.
SECTION 22 -PRIVACY POLICY
The Holly Hill Inn issues this privacy policy for your information and guidance as to its components, your responsibilities, and any interaction that you desire to have with the Holly Hill Inn regarding your personal information. The Holly Hill Inn respects your privacy and we want you to be fully informed by these transparent policies as to what we collect on your behalf, the reasons for it, and your choices and rights that follow.
First, we do not collect your data and sell your data to any other entity or third party. The data we collect on your behalf is solely for the purpose of providing you the services that you request from us. These purposes are the provision of a newsletter, the sale of products, goods, or services, securing reservations at our business locations, placing orders for deliveries of our products or services, and any other lines of business added to our website. By using this website, you give your consent for us to collect certain of your personal data for the purposes that we have outlined. This policy is subject to revision and amendment at any time by the Holly Hill Inn and such revisions or amendments will be stated in this privacy policy. To ensure your full awareness of the policy, please review this privacy policy each time you access the website, and at any time that you desire to update your current knowledge of the Holly Hill Inn data privacy policy and practices.
The data that is collected from you is data that is provided by you by your use of the website, by your request for a newsletter or other publications and communications from the Holly Hill Inn, by your purchase of goods or products from the Holly Hill Inn website and the delivery of those to you at your designated location, and by your making a reservation at our business locations. The Holly Hill Inn will collect your name, your contact information including your email address, your IP address and any other information or disclosure you provide to the Holly Hill Inn for the purpose of obtaining the information, goods or services that you request. In order to facilitate your use of the website and processing requests from you, the Holly Hill Inn website uses cookies to improve your browsing experience, to perform research and to conduct advertising. By your use of this website, you are accepting the use of the cookies on your device which will give you the best possible browsing experience.
The Holly Hill Inn uses third party applications and software services, presently Shopify, Squarespace, Toast, and OpenTable (which list may be amended and revised in the future) to fulfill your orders, host our website, to make reservations, to secure deliveries of products or services, and other deliverables by those companies. The Holly Hill Inn does not control those applications or websites, and the extent to which those applications and websites collect any personal information from you, you must refer to the privacy statements/policies of each of those websites to understand the scope of such data collection. The Holly Hill Inn website may contain links to other websites which may be operated by third parties. Those links are provided to you for your convenience and Holly Hill Inn does not review, control or monitor the privacy policies of those websites operated by third parties. We are not responsible for the performance of the websites or applications operated by third parties or for your business dealings with them. Whenever you leave this website, we recommend that you review each other website’s privacy practices and policies, and make your own conclusions regarding the propriety of those practices.
You may contact the Holly Hill Inn regarding any questions or concerns you have about these terms of service or this privacy policy at info@hollyhillandco.com. If you have any question or concern that the Holly Hill Inn is not complying with any applicable data or privacy protection laws, please immediately notify the Holly Hill Inn at the above address regarding your concerns and provide a full explanation as to the basis for any such questions or concerns. Likewise, if you have concerns about any third party that provides any services to the Holly Hill Inn not being in compliance with any applicable data privacy protection laws, please contact that third party with your concerns but also please inform the Holly Hill Inn at the above address of those same concerns. This will allow the Holly Hill Inn to be aware of those concerns and take steps as may be appropriate to help resolve the compliance issue, if any. The Holly Hill Inn takes commercially reasonable steps and actions to protect any data provided by you to and retained by the Holly Hill Inn from loss, theft, access by unauthorized users or unauthorized disclosure. If you believe that your data has been subjected to any of those events, please immediately notify the Holly Hill Inn at info@hollyhillandco.com.
At any time you retain the right to notify the Holly Hill Inn at info@hollyhillandco.com that you wish the Holly Hill Inn to take the following actions: Identify your personal data that it retains in its records, to correct any inaccuracies that you have found in your data, to update your personal data or to delete your data. Likewise, you have an obligation to make sure that your data that is provided to the Holly Hill Inn is accurate and is corrected for any inaccuracies or updated as necessary after it is originally provided to the Holly Hill Inn.