Terms Of Service
OVERVIEW
This website is operated by Hudson Carter. Throughout the site, the terms “we,” “us” and “our” refer to Hudson Carter. Hudson Carter offers this website, including all information, tools and services available therein, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
When you visit our website and/or purchase something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “TOS”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the website, including, but not limited to, users who are browsers, vendors, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, do not access the website or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current offering shall also be subject to the Terms of Use. You can view the most current version of the Terms of Use at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Use.
SECTION 1 - ONLINE STORAGE TERMS AND CONDITIONS
By agreeing to these Terms of Use, you represent that you are at least the legal age of majority in the country or province in which you reside and that you have given us permission 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 course of using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit worms, viruses or 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 TERMS AND CONDITIONS
We reserve the right to refuse service at any time for any reason.
You acknowledge that Your Content (except credit card information) is transmitted unencrypted and (a) may involve transmissions over various networks, and (b) modifications may be necessary to meet technical requirements when connecting networks or devices.
Credit card information is always encrypted when transmitted 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 for convenience only and are not intended to limit or restrict use of the Service.
SECTION 3 - ACCURACY, COMPLETENESS AND UPDATE OF THE INFORMATION
We are not responsible if information on this website is not accurate, complete or current. The material on this site is 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. Your use of the material on this site is at your own risk.
This site may contain some historical information. Historical information is not necessarily current and is provided for reference purposes 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 be aware of any changes to our site.
SECTION 4 - CHANGES TO THE SERVICES AND PRICES
Prices of our products are subject to change.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Conclusion of the Contract
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy" button, you make an offer to conclude a purchase contract. A confirmation of receipt of your order will follow immediately after sending via an automatic email. This confirmation email does not constitute acceptance of the contract.
Warranty
Legal warranty rights apply.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may only be available 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.
We have made every effort to represent the colors and images of our products in the store as accurately as possible. We cannot guarantee that your computer monitor's display of colors will be accurate.
We reserve the right, but not the obligation, to limit the sale of our products or services to any particular person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services we offer. All product descriptions or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for a product or service on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material you purchase or receive will meet your expectations, or that any errors in the Service will be corrected. All of our products are shipped directly to the consumer from our supplier in China. Any expenses such as customs duties, import taxes are the responsibility of the consumer.
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 purchase quantities per person, per household or per order. These limitations may apply to orders placed by the same customer account, the same credit card, and/or orders to the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will 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 discretion, appear to be placed by resellers, distributors or merchants.
You agree to provide current, complete and accurate purchase and account information for all purchases you make at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or authority.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions and without any endorsement. We accept no liability whatsoever arising from your use of these optional third-party tools.
Any use by you of optional tools offered through the website is at your own risk and discretion and you should ensure that you are familiar with and accept the terms on which tools are offered by the relevant third-party provider(s).
SECTION 8 - LINKS TO THIRD PARTY PROVIDERS
Some content, products and services available through our Service may contain materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for verifying or evaluating the content or accuracy, and we do not warrant or assume any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please read the third-party provider's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, requests, concerns, or questions about third-party vendor products should be directed to the third-party vendor.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain submissions (for example contest entries) or send creative ideas, suggestions, proposals, plans, or other materials at our request, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may edit, copy, publish, distribute, translate and otherwise use any Comments that you forward in any medium at any time without restriction. We are under no obligation to (1) maintain any Comments in confidence; (2) pay compensation for Comments; or (3) respond to Comments.
We have the right, but not the obligation, to monitor, edit or remove any content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms of Use.
You agree that your comments will not violate the rights of any third-party, including copyright, trademark, privacy, personal rights or any other proprietary rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, and will not contain any computer virus or other malware that could in any way interfere with the operation of the Service or any related website. You must not use a false e-mail address, impersonate anyone other than yourself, or mislead us or third-parties as to the origin of your Comments. You are solely responsible for all of your comments and their accuracy. We take no responsibility and will not be liable for any Comments posted by you or any third-party.
Any additional costs for customs clearance and/or customs duties are not included in the price and are the responsibility of the customer.
SECTION 10 - PERSONAL INFORMATION
Your provision of personal information through the store is subject to our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally our website or service may contain information that includes typographical errors, inaccuracies or omissions, which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information or cancel any orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including, but not limited to, pricing information, unless we are required to do so by law. No update or refresh date stated in the Service or on any related website, can be taken to indicate that any information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to any other prohibitions set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) encourage or participate in illegal activities by others; (c) violate any international, federal, provincial or state regulations, laws or local ordinances; (d) violate our or any third party's intellectual property rights; (e) to harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that could be used to disrupt the functioning of the Service or of any related website, other websites, or the Internet; (h) collect or track personal information about others; (i) for spam, phishing, drugs, pretexting, spiders, crawlers or scraping; (j) for obscene or immoral purposes; 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 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 warrant that 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 we may remove the Service from time to time for indefinite periods of time or terminate the Service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services made available through the Service are provided (except as expressly stated by us) 'as is' and 'as available' for your use, without any representation, warranties or conditions, express or implied, including any implied rights of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hudson Carter 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 herein, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless remain enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties that arose prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use will remain in effect until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or if you no longer use our website.
If in our sole discretion you violate, or we suspect that you have violated, any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or you may be denied access to our Services (or any part thereof) as a result.
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. It supersedes all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Netherlands.
SECTION 19 - CHANGES TO THE TERMS OF USE
You can view the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website regularly for any changes. Your continued use of the website or the Service following the posting of changes to these Terms of Use will be deemed acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions regarding the Terms of Use should be sent to help@hudson-carter.com.