Legal notice

Legal Notice and Product Safety

General

Hillary sells products supplied by external manufacturers and suppliers. Hillary handles ordering, payment, and customer contact, but does not manufacture the products sold itself and in some cases has no physical access to the products before delivery to the customer.

Product Safety and Regulatory Compliance – EU

For products covered by the EU's requirements for product safety and conformity (including, but not limited to, CE marking), the following applies:

  • The manufacturer and/or supplier is responsible for ensuring that the products comply with all applicable EU directives, regulations, and harmonised standards.

  • The manufacturer and/or supplier is responsible for correct CE marking, technical documentation, risk assessment, and compliance with applicable safety requirements.

  • By supplying products to Hillary, the supplier certifies that the products are legally permitted for sale within the EU and comply with all applicable requirements.

Hillary relies on these certifications and representations from suppliers and cannot carry out physical inspection or independent verification of each individual product.

Product Safety and Regulatory Compliance – the USA and Other Markets

For products delivered to the USA, Canada, the United Kingdom, South America, or other markets, the following applies:

  • The manufacturer and/or supplier is responsible for ensuring that the products comply with all applicable federal, state, and local laws, regulations, and safety requirements in the recipient country.

  • This includes, but is not limited to, requirements relating to product safety, labelling, testing, certification, and documentation under applicable legislation and regulatory authorities.

  • The supplier certifies that the products are legally permitted to be sold and imported into the relevant market.

Limitation of Liability Regarding Product Safety

To the extent permitted by applicable law, the following applies:

  • Hillary is not responsible for any failure to comply with product safety requirements, certifications, or labelling arising from the manufacturer or supplier.

  • Hillary is not responsible for any damage, losses, or sanctions arising as a result of a product not meeting applicable safety or compliance requirements.

  • Any liability that, pursuant to mandatory law, nevertheless rests with Hillary shall primarily be borne by the manufacturer or supplier by way of recourse.

Customer Responsibility

The customer is responsible for:

  • Ensuring that the product is suitable for its intended use.

  • Following any instructions, warnings, and safety directions supplied with the product.

  • Ensuring that use of the product is permitted under local laws and regulations.

Regulatory Inquiries and Recalls

In the event of inquiries from regulatory authorities, or in the event of safety-related recalls, Hillary reserves the right to forward relevant information to the responsible manufacturer or supplier and to take any measures required by law.

Interpretation

This legal notice is intended to regulate the allocation of responsibility between Hillary and its suppliers and to inform the customer of the products' origin and the allocation of responsibility.
Nothing in this section limits consumer rights that may not be waived under mandatory law.