TERMS AND CONDITIONS
Thank you for visiting www.hugocahill.com (hereinafter referred to as the "Site").
Please read the following information carefully before using the Site. The use of and access to the Site are governed by these legal Terms and Conditions.
Your use of the Site is subject to the following Terms and Conditions. The fact of using the Site implies that you agree to comply with and be bound by these Terms and Conditions, the confidentiality rules and the online selling conditions when you make a purchase.
Hugo Cahill may, from time to time, modify or make changes to these Terms and Conditions at its complete discretion. The fact of using the Site after said modifications implies that you agree to comply with and be bound by these modified Terms and Conditions.
Please read the Terms and Conditions regularly. If you do not agree to any of the Terms and Conditions or modified Terms and Conditions, you must stop using the Site immediately.
In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about Hugo Cahill's Privacy Policy before you register to use this Site or any of this Site's services.
REGISTRATION AND ELIGIBILITY
You will need to register to use some of the services or features made available to you on this Site. Hugo Cahill may change registration requirements or specifications occasionally. When you register, you are required to provide information about yourself that is true, accurate, current and complete. If any of your personal registration information changes, please notify us immediately at the following email address: hello@hugocahill.com. You may also want to view our Privacy Policy.
The purchase of products through Hugo Cahill is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law. To make purchases through the Site, you will be asked to register and provide your true personal details. Customers must provide their real name, phone number, email address and other requested information as indicated.
When ordering items, you will be required to provide payment details and you must represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet these terms and conditions, who have been issued a valid credit card by a bank, whose applications are acceptable to Hugo Cahill and who have authorised Hugh Cahill to process a charge to their credit card in the amount of the total purchase price for the goods which they purchase.
Purchases made on the Site are for the personal or gift use of the buyer only and are not to be used for resale, commercial purposes or any other commercial benefit. Hugo Cahill reserves the right to restrict or question multiple quantities of an item being shipped to any one customer or postal address.
Please note that by making an offer to purchase goods from the Site, you expressly authorise Hugo Cahill to perform credit checks and, where Hugo Cahill feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is an acceptance of your order completion, and the contract between you and Hugo Cahill will be perfected when we dispatch the goods to you. The sale contract is therefore concluded in London, England, and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item order is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out above.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing goods from the Site whether or not the goods have been sold; removing, screening or editing any materials or Content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
PRICE AND PAYMENT OPTIONS
We accept Visa, MasterCard and Maestro credit and debit cards. Payment is debited from your card when we process your order.
All transactions on this website are processed using Shopify Pay, a secure online payment gateway that encrypts your card details in a secure host environment.
Hugo Cahill reserves the right to change the price of goods offered on the website at any time and without prior notice.
Hugo Cahill constantly checks to ensure that all prices shown on the Site are accurate. It cannot, however, be guaranteed that no errors have occurred. If an item's price error occurs, Hugo Cahill will give the client the option of re-confirming the purchase of the item at the correct price or cancelling the order. If Hugo Cahill cannot contact the client, the order will be considered cancelled.
TRANSFER OF OWNERSHIP & INSURANCE
Hugo Cahill insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered, at which point responsibility for your purchased goods passes to you.
CHECKING YOUR ORDER
Please get in touch with us at hello@hugocahill.com.
INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, designs, trademarks and all other intellectual property and material rights, all brand names, names of lines, designs, and models of items that appear on the website or in the domain name, are the exclusive property of Hugo Cahill.
All intellectual property rights associated with items created in association with the 'custom made' or 'bespoke' options are and will remain the property of Hugo Cahill. Any utilisation, reproduction, or even partial of the designs, models, brand names, and names of lines is totally prohibited.
You are only permitted to use the above-mentioned Content as expressly authorised by Hugo Cahill. Any reproduction or redistribution of the above-listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limitation, the foregoing violation will include the copying and use of the above-listed materials to any other server, location, or support for publication or reproduction.
CONTENT
In addition to the intellectual property rights mentioned above, Content will include graphics, photographs, all image rights, sounds, music, video, audio, or text on this Site. Hugo Cahill tries to ensure that the information on this Site is accurate and complete. Hugo Cahill does not warrant or represent that the Site's Content is accurate, error-free or reliable or that your use of Hugo Cahill's Content will not infringe the rights of third parties. Your use of the Site is at your own risk. Hugo Cahill does not warrant that the functional aspects of the Site or Hugo Cahill's Content will be error-free or that the Site, Content or the server that makes it available for use is free of viruses or other harmful components. If your use of this Site or Hugo Cahill's Content results in the need for servicing or replacing property, material, equipment or data, Hugo Cahill is not responsible for those costs.
Hugo Cahill and its suppliers make no warranties about Hugo Cahill's Content, software text, downloads, graphics, links, or the results obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Hugo Cahill reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time for any reason. Removal may be immediate and without notice. You confirm that Hugo Cahill is not liable to you or any third party for any such withdrawal.
THIRD-PARTY
We may include hyperlinks on this Site to other websites or resources operated by parties other than Hugo Cahill, including other stockists and advertisers. Hugo Cahill has not reviewed all of the sites linked to this Site and is not responsible for the Content or accuracy of any off-site pages nor the availability of such external websites or resources. Hugo Cahill does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the Content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services on such external websites or resources.
NO COMMERCIAL USE
The Hugo Cahill site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative words from, transfer, or sell any Content, software, products, or services contained within the Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
GENERAL INFORMATION AND YOUR ACTIVITY
You use the Hugo Cahill site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis, and any decision to do so is final.
While Hugo Cahill will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied, in relation to its accuracy.
This Site is provided on an "as is" and "as available" basis without any representation or endorsement made, and we make no warranties of any kind, whether express or implied, in relation to the Site or any transaction that may be conducted on or through this Site including but not limited to, the implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from a course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available is free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site, including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms or Conditions will affect your rights as a consumer under English law.
You acknowledge that we cannot guarantee and, therefore, shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that Hugo Cahill will not be liable in contract (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.
INDEMNIFICATION
At our request, you agree fully to defend, indemnify and hold harmless Hugo Cahill immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Hugo Cahill as a result of the Terms and Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Hugo Cahill, and we shall not be liable for any representation, act, or omission on your part.
AGREEMENT
The Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Hugo Cahill regarding your use of the Site and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Hugo Cahill in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the Terms and Conditions, the Terms and Conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions.
APPLICABLE LAW
These Terms and Conditions have been written in English and are governed by English Law. British Courts shall adjudicate any dispute.