TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. HICKIES, Inc. and HICKIES Corp. (collectively or individually “HICKIES”) may at any time amend these terms and conditions by updating this posting. By using this site, you agree to be bound by any such changes.
Trademarks / Patents / Intellectual Property
All trademarks, service marks and trade names of HICKIES used in the site (including but not limited to the HICKIES name, the HICKIES logo and the DOOHICKIES name) are trademarks of HICKIES. They may not be used without HICKIES’ prior written permission. All HICKIES products are covered by one or more patents or patents pending. Any other intellectual property in the site, including but not limited to patents, issued or pending, are the sole property of HICKIES and/or its licensees.
The entire content included in this site, including but not limited to text, graphics or code, but specifically excluding all legal content, is copyrighted as a collective work under the United States and other copyright laws, and is the property of HICKIES. Copyright 2015 HICKIES Inc. ALL RIGHTS RESERVED.
All orders placed through the site are subject to HICKIES’ acceptance, which shall be at its sole discretion. Without limitation, HICKIES may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, HICKIES shall issue a full credit to your credit card account.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HICKIES disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HICKIES does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HICKIES does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Use of Information
You agree that HICKIES is free to use any comments, information, photos, videos or ideas contained in any communication you may send to HICKIES or submit to the site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the site or other products or services.
Participation Disclaimer/Use Restrictions
HICKIES does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HICKIES is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities on the site. You may not post or otherwise distribute content to the site which HICKIES in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of HICKIES or another party, illegal, or otherwise objectionable to HICKIES. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Any communication or material you transmit to the site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by HICKIES or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, HICKIES is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
Third Party Sites
In an attempt to provide increased value to our visitors, HICKIES may link to sites operated by third parties. However, even if the third party is affiliated with HICKIES, HICKIES has no control over these linked sites, all of which have separate terms and conditions and privacy and data collection practices, independent of HICKIES. These linked sites are only for your convenience and therefore you access them at your own risk.
Limitation of Liability
HICKIES shall not be liable for any special, incidental, indirect or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products purchased through the site, even if HICKIES has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend, and hold harmless HICKIES, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions or the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HICKIES products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New York, New York.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HICKIES products) must be commenced within one (1) year after the claim or cause of action arises. By using the site, you agree to receive electronic communications from HICKIES. You agree that any notice, agreement, disclosure or other communication that HICKIES sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
HICKIES’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HICKIES may assign its rights and duties under this Agreement to any party at any time without notice to you.
Term and Termination
These terms and conditions are applicable to you upon your accessing the site. HICKIES reserves the right in its sole discretion to terminate or restrict your use of the site, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by HICKIES without notice at any time, for any reason. The provisions relating to Trademarks/Patents/Intellectual Property, Copyright, Warranty Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.
- Please include your phone number and any applicable apartment number so that our carrier will be able to deliver your purchases.
- All orders placed to PO Boxes or APO/FPO's will arrive via USPS, and cannot be expedited.
U.S. Charges and Timing
- Shipping rates are calculated based on the items in your cart and the shipping method selected.
- Any ground shipment to a U.S. address will typically take 5-7 business days.
- Sales tax will apply when shipping to New York and California addresses.
- All in-stock items shipping to a U.S. address will ship within 1 business day, regardless of shipping method; however, any orders that are placed after 3:00pm EST will be processed the following business day.
International Charges and Timing
- Shipping rates are calculated based on the items in your cart and the shipping method selected.
- International ground shipment will take 15-20 business days.
- Any VAT, country taxes or other taxes charged to shipments to non-United States addresses will be the responsibility of the purchaser/receiving party.
RETURNS, REFUNDS, AND REPLACEMENTS
Thirty Day Unconditional Guaranty
HICKIES guarantees all merchandise sold through www.HICKIES.com. If, for any reason, you are not completely satisfied with your purchase, you may return your item(s) within thirty (30) days of receipt for replacement or refund. You are responsible for the cost of shipping unwanted products back to us.
To return an item: -Properly pack and return the item in the original packaging and shipping box. Note that the returned item(s) must be repackaged properly so that it is not damaged during shipping. Items must be returned in the original HICKIES case if you are requesting replacement or refund for unused merchandise.Hickies is not responsible for lost or damaged return shipments, and we recommend you insure all returns. -Include the original packing slip or order confirmation email and write your reason for return on the packing slip. -Address and mail the return to: HICKIES Inc., 134 N 4TH, 2nd Floor ,Brooklyn, NY 11249. Please send tracking number to firstname.lastname@example.org Once we receive the tracking number or package a refund will be issued. Refunds will be processed upon HICKIES’ receipt of the returned merchandise, and any such refunds will not include shipping costs from the original purchase.
Six Month Guaranty Against Breakage
HICKIES warranties its products against breakage for six months from the date of receipt. Your sole remedy under this guaranty is replacement of the broken HICKIES.