October 19, 2022

Welcome to Hugh’s Collection (“we” or “our”), web site located at hughscollection.com (“the Site”). We provide this Site as a service to our customers. Please read the following terms of service (“Terms”) carefully. These Terms constitute a binding obligation between you and Hugh’s Collection, and governs your use of our Site, including all purchases of goods and merchandise on the Site, our services and content accessible via our Site, and your registered account (collectively referred to herein as the “Services”).

By accessing this website we assume you accept these terms and conditions. Do not continue to use Hugh’s Collection if you do not agree to take all of the terms and conditions stated on this page.

We may update these Terms at any time in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications deemed appropriate by us. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore.

1. Registration

By creating an account with us (your “Account”), you can purchase a variety of products offered on the Site. You can sign up and create your Account. You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with us. If a purchase is made by a minor, We are under no obligation to offer a refund but may do so at its discretion.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

2. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

3. Commercial Transactions

3.1. Payment.When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in your selected currency at checkout. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.

3.2. Risk of Loss. All items purchased from us are made pursuant to a shipment contract entered into when you order products offered through the Site. The risk of loss and title to such products pass to you upon our delivery of such products to the shipping carrier.

3.3 Product Descriptions. We attempt to be as accurate as possible in describing products offered for purchase through the Site; however, we do not warrant that all such descriptions are correct, accurate, complete, reliable, current or error-free. Furthermore, we do not warrant that any Registrant Content describing products appearing on the Site is correct, accurate, complete, reliable, current or error-free.  Please do not rely on such Content in determining whether to purchase a particular item.

4. Feedback

We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin the content’s identity. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

5. Correction of Site Errors

The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

6. Indemnity

You agree to indemnify and hold Hugh’s Collection harmless from any claims, disputes, demands, liabilities, as well as losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with any violation of these Terms, your access to and use of the Services, or any activity related to your Account (including negligent or wrongful conduct).

7. Third Party Links

The Services may contain links to or content provided by third-party websites or resources (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content and will have no responsibility for Third Party Content including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You acknowledge that we provide these Third Party Content only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources and all your interactions with such third-party websites or resources.

8. Password Security

We may require you to meet certain requirements for passwords and we may change the requirements with or without notice. No matter how strong your password is, you must ensure that your Account credentials, or your email account associated with your Account, are secure. If they are not, people may compromise and take action on your Account. You are solely responsible for maintaining adequate security and control of any and all IDs, passwords, hints, or any other codes that you use to access or in relation to the Services. We assume no responsibility for any losses resulting from the compromise of your Account.

9. DISCLAIMER OF WARRANTIES

REGISTRANTS AND VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE WEBSITE IS AT THEIR SOLE RISK. HUGH’S COLLECTION MAKES NO GUARANTY AS TO THE ACCURACY, CORRECTNESS OR COMPLETENESS OF (A) ANY CONTENT (INCLUDING WITHOUT LIMITATION REGISTRANT CONTENT AND PRODUCT DESCRIPTIONS AND/OR PRICING) APPEARING ON THE WEBSITE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT THEREOF; (B) ANY FAILURES, DELAYS OR INTERRUPTIONS WITH RESPECT TO THE ORDERING OF AND DELIVERY OF PRODUCTS ORDERED BY YOU; (C) LOSSES OR DAMAGES ARISING FROM THE USE OF CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE WEBSITE; (D) ANY CONDUCT BY REGISTRANTS OR VISITORS; OR (E) ANY PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.  ALL PRODUCTS ORDERED THROUGH THE SITE ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS”. EXCEPT AS EXPRESSLY PROVIDED HEREIN, HUGH’S COLLECTION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, HUGH’S COLLECTION DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL HUGH’S COLLECTION BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY PRODUCTS ACQUIRED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO HUGH’S COLLECTION WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Complaints and Dispute Resolution

Any dispute, claim or controversy between you and us arising from or in connection with these Terms shall first be settled by you and us through friendly negotiations. In the event the parties fail to reach an agreement on the dispute within sixty (60) days after delivery of the written request for friendly negotiations by one party to the other party, the dispute may be submitted to American Arbitration Association (AAA) for arbitration, which shall be conducted in accordance with AAA’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon all parties.

12. Governing Law

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

13. Contact Us
If you have questions or concerns regarding the website, please contact us at https://hughscollection.com/contact