Terms Of Service

OVERVIEW
This website is operated by CHARLES&VICTORIA LONDON LTD, trading as HUSHHH. Throughout these Terms, “we”, “us” and “our” refer to HUSHHH. We make this website, together with all information, features, tools and services available through it, available to you on the condition that you accept the terms, policies and notices set out below. By visiting our website and/or purchasing a product from us, you use our “Service” and agree to these Terms of Service (“Terms”), as well as any additional terms or policies referred to here. These Terms apply to every user of the website, including visitors, customers, vendors, merchants and contributors of content. Please read these Terms carefully before accessing or using any part of the website. By accessing the site or using our Services, you agree to be bound by these Terms. If you do not accept all provisions contained in this agreement, you may not access the website or use any Services. Where these Terms are regarded as an offer, acceptance is expressly limited to these Terms. Any features, functionality or tools introduced to the store in the future will also be governed by these Terms. The latest version of these Terms can be reviewed on this page at any time. We may revise, update or replace any part of these Terms by publishing changes on our website. It is your responsibility to review this page periodically. Continuing to access or use the website after changes are published means you accept those changes. Our store is hosted by Shopify Inc., which provides the e-commerce platform through which we offer and sell our products and Services.

SECTION 1 - ONLINE STORE TERMS
By accepting these Terms, you confirm that you have reached the age of majority in your state or province of residence, or that you are of the age of majority and have authorised any minor dependants under your responsibility to use this website. You may not use our products for unlawful or unauthorised purposes, and while using the Service you must not breach any laws applicable in your jurisdiction, including copyright laws. You must not transmit viruses, worms or any other code intended to cause damage. Any breach of these Terms may result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We may refuse service to any person, for any reason, at any time. You acknowledge that content you provide, other than credit card information, may be transferred without encryption and may involve transmission across different networks or technical modifications needed to meet the requirements of connecting networks or devices. Credit card information is always encrypted when transferred across networks. Without our express written permission, you may not reproduce, duplicate, copy, sell, resell or exploit any part of the Service, your use of the Service, your access to the Service, or any contact available through the website through which the Service is provided. Section headings are included for convenience and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible where information provided on this website is inaccurate, incomplete or no longer current. Content on the website is provided for general information and should not be used as the sole basis for making decisions without consulting more accurate, complete, current or primary sources where appropriate. Any reliance on information available through the website is at your own risk. Some information available on the website may be historical and, by its nature, may no longer be current. Such information is supplied for reference only. We may alter the content of the website at any time and are under no obligation to update information previously published. You are responsible for monitoring changes made to the website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Product prices may be changed without prior notice. We may modify or discontinue the Service, or any part of its content, at any time and without notice. We will not be liable to you or any third party for any modification, change in price, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Some products or Services may only be available online through our website. These products or Services may be offered in limited quantities and may only be returned or exchanged in accordance with our Return Policy. We have taken reasonable steps to represent product images and colours on our store as accurately as possible, but we cannot guarantee that colours displayed on your monitor or device will be completely accurate. We reserve the right, without being obliged to do so, to restrict sales of our products or Services to particular individuals, geographic areas or jurisdictions, and may exercise this right on a case-by-case basis. We may also limit the quantity of any products or Services offered. Product descriptions and prices may be changed at any time without notice and at our sole discretion. We may discontinue any product at any time. Any offer for a product or Service is void where prohibited. We do not warrant that products, Services, information or other materials purchased or obtained through us will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may refuse any order placed with us. At our sole discretion, we may restrict or cancel quantities purchased by an individual, household or order. These restrictions may apply to orders associated with the same customer account, credit card, billing address and/or shipping address. If we amend or cancel an order, we may attempt to notify you using the email address, billing address or telephone number supplied when the order was submitted. We also reserve the right to restrict or prohibit orders that, in our sole judgement, appear to have been placed by dealers, distributors or resellers. You agree to provide accurate, current and complete purchase and account details for transactions made through our store. You also agree to promptly update your account and other information, including your email address and payment card details and expiry dates, so that we can complete transactions and contact you where necessary. For further information, please refer to our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools that we neither monitor nor control and over which we have no input. You acknowledge and agree that such tools are made available on an “as is” and “as available” basis, without warranties, representations, conditions or endorsements of any kind. We accept no liability arising from or connected with your use of optional third-party tools. Any use of optional tools made available through the website is entirely at your own risk and discretion. You should ensure that you understand and accept the terms under which the relevant third-party provider makes those tools available. We may introduce additional Services, functionality, tools or resources in the future, and those additions will also be governed by these Terms.

SECTION 8 - THIRD-PARTY LINKS
Some content, products and Services available through our Service may contain or involve materials supplied by third parties. Links on our website may take you to third-party websites that are not affiliated with HUSHHH. We are not responsible for examining or assessing those websites, their content or their accuracy, and we make no warranty and accept no responsibility or liability for third-party materials, websites, products or Services. We are not liable for harm or damages arising from the purchase or use of goods, Services, resources, content or other transactions carried out in connection with third-party websites. You should carefully review the policies and practices of the relevant third party and make sure you understand them before entering into a transaction. Complaints, concerns, claims or questions concerning third-party products should be directed to the relevant third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you provide us with submissions at our request, such as competition entries, or voluntarily send us creative ideas, suggestions, proposals, plans or other materials by email, online, post or otherwise, together referred to as “comments”, you agree that we may use those comments at any time and without restriction, including by editing, copying, publishing, distributing and translating them in any medium. We are not required to keep comments confidential, compensate you for comments, or respond to comments. We may, but are not obliged to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libellous, obscene, pornographic or otherwise objectionable, or which breaches another party's intellectual property rights or these Terms. Your comments must not infringe any rights belonging to third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. Your comments must also not contain unlawful, libellous, abusive or obscene material, viruses, malware or other material capable of affecting the operation of the Service or any related website. You must not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the source of any comments. You are solely responsible for the content and accuracy of comments you submit. We accept no responsibility and assume no liability for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION
Any personal information you submit through the store is handled in accordance with our Privacy Policy. Please refer to our Privacy Policy for further information.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our website or within the Service may contain typographical errors, inaccuracies or omissions relating to matters including product descriptions, prices, promotions, offers, shipping costs, delivery times or product availability. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update information or cancel orders where information within the Service or on a related website is inaccurate, at any time and without prior notice, including after you have submitted an order. We have no obligation to update, amend or clarify information available through the Service or a related website, including pricing information, except where required by law. A specified update or refresh date should not be interpreted as meaning that all information available through the Service or a related website has been updated or changed.

SECTION 12 - PROHIBITED USES
In addition to any other restrictions contained in these Terms, you may not use the website or its content: (a) for any unlawful purpose; (b) to encourage or solicit others to carry out or participate in unlawful activities; (c) to breach international, federal, provincial, state or local laws, regulations, rules or ordinances; (d) to infringe or violate our intellectual property rights or those of another party; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or malicious code that could affect the operation or functionality of the Service, a related website, another website or the Internet; (h) to collect or track another person's personal information; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or bypass security features of the Service, a related website, another website or the Internet. We may terminate your use of the Service or a related website if you breach any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Service will always be uninterrupted, timely, secure or free from errors. We do not warrant that results obtained through use of the Service will be accurate or reliable. You agree that we may occasionally remove the Service for indefinite periods or cancel the Service at any time without notice. Your use of the Service, and any inability to use it, is entirely at your own risk. Except where expressly stated by us, the Service and all products and Services supplied to you through the Service are provided “as is” and “as available”, without representations, warranties or conditions of any kind, whether express or implied, including implied warranties or conditions relating to merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no circumstances will HUSHHH, CHARLES&VICTORIA LONDON LTD, or 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 lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort including negligence, strict liability or otherwise, arising from your use of the Service or any products purchased through it, or from any other claim connected with your use of the Service or a product. This includes errors or omissions in content and loss or damage resulting from the use of content or products posted, transmitted or otherwise made available through the Service, even where we have been advised that such loss may occur. Where certain states or jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages, our liability in those jurisdictions will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless HUSHHH, CHARLES&VICTORIA LONDON LTD, and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by a third party arising from your breach of these Terms or any documents incorporated into them by reference, or from your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY
If any part of these Terms is found to be unlawful, void or unenforceable, that provision will nevertheless remain enforceable to the fullest extent allowed by applicable law. Any portion that cannot be enforced will be treated as severed from these Terms, without affecting the validity or enforceability of the remaining provisions.

SECTION 16 - TERMINATION
Any obligations and liabilities incurred by either party before the termination date will continue after termination for all relevant purposes. These Terms remain effective unless and until terminated by either you or us. You may terminate these Terms at any time by telling us that you no longer wish to use our Services or by ceasing to use the website. If, in our sole judgement, you fail to comply with any provision of these Terms, or if we suspect that you have failed to comply, we may terminate this agreement at any time without notice. You will remain responsible for all amounts due up to and including the termination date and/or we may deny you access to our Services or any part of them.

SECTION 17 - ENTIRE AGREEMENT
If we fail to exercise or enforce any right or provision contained in these Terms, that does not amount to a waiver of that right or provision. These Terms, together with any policies or operating rules published by us on this website or relating to the Service, constitute the entire agreement and understanding between you and us concerning your use of the Service. They replace any previous or contemporaneous agreements, communications and proposals, whether oral or written, including earlier versions of these Terms. Any ambiguity in the interpretation of these Terms will not be interpreted against the party responsible for drafting them.

SECTION 18 - GOVERNING LAW
These Terms of Service, together with any separate agreements through which we provide Services to you, will be governed by and interpreted in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You may view the latest version of these Terms of Service on this page at any time. We reserve the right, at our sole discretion, to revise, modify or replace any part of these Terms by publishing updates and changes on our website. It is your responsibility to check the website periodically for updates. If you continue using or accessing the website or Service after revised Terms are published, you will be regarded as having accepted those changes.

SECTION 20 - CONTACT INFORMATION
Questions concerning these Terms of Service should be sent to hey@atelierhushhh.com.
Legal entity: CHARLES&VICTORIA LONDON LTD
Address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.