TERMS OF SALE
FRHueb Inc d/b/a Hueb (the company) a registered Delaware Corporation and headquartered at 22 West, 48th Street, Suite 304, New York, NY 10036, USA under identification number 84-3300557, Tel.: +1 212-776-4960 email: firstname.lastname@example.org, designs and sells their exclusive collections of fine Jewelry items under the brand name ‘Hueb’.
Hueb has setup https://www.store.hueb.com (hereafter the ‘Hueb Store Website’) which caters to the customers to buy Hueb’s fine Jewelry items Online.
SECTION 1: SCOPE OF APPLICATION
These general terms (the ‘Terms of Sale’) apply to all sales made on the Online Hueb Store by physical or moral persons acting solely as consumers (hereafter the ‘Customer(s)’).
Any purchase of fine Jewelry Items made on the Hueb Store implies that the Customer(s) has/have fully and wholly agreed to the Terms of Sale herein.
Hueb reserves the option to change the General Terms of Sale at any time without prior notice.
SECTION 2: INFORMATION ON THE ARTICLES
With respect to the Information and references provided in Hueb Store with regards to the fine Jewelry items, it is hereby stipulated that any descriptions or information about the weight of precious materials and the number of gemstones and carats are merely provided for informational purposes and may vary slightly.
Hueb cannot guarantee that the actual appearance of the fine Jewelry items perfectly matches what appears on the screen. Specifically, the color of the Jewelry items may vary due to the technical specifications of how a specific device renders colour. Hueb cannot be held liable for non-substantive errors that may occur.
Hueb reserves the option at any time to modify the selection of fine jewlery items sold via its Online Hueb Store, without prejudice to any Orders placed by the Customer.
Customers may contact the Hueb support team through the “Contact Us” section of the Website for all queries relating to the Items and their use, as well as any additional questions or requests for any assistance.
SECTION 3: ORDERING PROCEDURES
Orders placed on the Online Hueb Store are subject to the following process.
3.1 Selection of Jewelry
The Customer selects the Jewelry items and quantities they wish to buy from the Items listed in the Online Hueb Store.
The Customer may add each selected item to their CART by clicking on the ‘Add to Cart button on that item's catalogue and as well as the product page. For Articles such as rings and bracelets, the customers must select the desired size prior to clicking ‘Add to Cart’. Adding to the Cart does not constitute an Order that Hueb is liable to honor.
Once the Customer has completed the selection of Items they wish to buy, they must confirm the contents of the cart and place the Order after reviewing their selection (s) and reading the delivery terms as applicable as per the destination selected in the shipping particulars and by choosing an appropriate payment method to complete the purchase.
3.2 Customer Details
The customer has the option to choose the following while doing checkout on Hueb Store
- Express Check Out (Shop Pay, PayPal, GPay) or
- One Page Checkout by filling up the contact details (email or phone number), delivery and payment method.
Alternatively, If the customer already has an account registered with Hueb Store, they may log in using their account credentials (email and password) and proceed to checkout.
Customer usernames and passwords are strictly personal. Therefore, all customers undertake to carefully safeguard this information and not to share it with others.
Customers agree to inform Hueb if their account details are lost, stolen, or used in any fraudulent manner.
Furthermore, if Hueb has reason to suspect that a third party has breached a customer account, their password and/or login name, Hueb reserves the option to immediately terminate the account in question and inform the customer of the matter by email or telephone.
If any of the information provided by the customer to create the account has changed, the customer must update it on the Website by logging in to their account.
Hueb may at its discretion any time modify the information required to place a new Order or to create and register a customer account.
3.3 Confirmation of Orders
The Order confirmation emails are sent out immediately following the placement of the order on Hueb Store by the customer.
Order Confirmation email contains the Order number, the basic features like product, quantity, Taxes, and price of the Items purchased.
The customer is hereby informed that Hueb sends Order Confirmation emails to the email address provided by them. In the event these emails are not received, we recommend the customers verify they have not been delivered to a spam folder. Hueb is not responsible if an error is made when entering the email address or the email address became invalid and the message confirming the Order is not received. Should this occur, the sale is deemed final, unless Hueb has cancelled the Order, namely due to Items being unavailable (refer Delivery Policy), a default on payment or suspicion of fraud.
3.4 Item Availability
The Items that Hueb list for sale are those that appear on the Hueb Store on the day the Customer visits, and they are subject to availability of inventory as detailed in the Delivery Policy on the Hueb Store.
Hueb reserves the right to remove Items from sale at any time. In all cases, and if all or some of the Items are unavailable after an Order is placed, the Customer shall be informed by email as soon as possible that the Items are not available and that all or part of their Order has been cancelled.
If an entire Order is cancelled, Hueb customer service department shall contact the Customer to inform them of the cancellation and then issue a refund for the total price of the Order, which shall occur as quickly as possible and no later than fourteen (14) days after the Order is cancelled.
If an Order is partially cancelled:
The Order will be confirmed, and the bank account will be debited for the entire amount of the Order.
- The available Items will be shipped to the Customer. Hueb customer service will contact the Customer to inform them of the unavailable Items and issue a refund, which will occur as quickly as possible and no later than fourteen (14) day after the available Items are shipped.
3.5 Order Refusals
Hueb reserves the right to suspend or cancel any processing of an Order and/or shipment regardless of the type or phase of the processing in the event of a payment default or partial payment of any amount that may be owed by the Customer, if there is a payment issue or in the event of fraud or an attempt to commit fraud pertaining to the use of the site, including in terms of past Orders.
SECTION 4: PRICES OF ITEMS
The prices of Items indicated on the Hueb Store Website are expressed in USD (default) and are exclusive of Taxes.
The retail price for the Items on the Hueb Store Website are the prices in force at the time the Customer places an Order. Hueb may modify the retail prices for Items and shipping costs at any time.
Hueb performs a routine verification to ensure the prices posted are correct, but some prices may contain an error. The Customer shall be informed as soon as possible if Hueb notices a pricing error in an Order. Hueb reserves the option to cancel an Order for an Item with an incorrect price. If payment has already been received for the Order, the Customer shall immediately be refunded for the amount paid and, if applicable, it must be returned to Hueb if the Order has been delivered.
Payment must be made for all Orders when the Order is placed. The rules set forth in Section 3.4 of the Terms of Sale shall apply if some of the Items ordered are unavailable.
SECTION 5:PAYMENT TERMS AND CONDITIONS
5.1. Authorized methods of payment
Customers must choose one of the payment methods proposed on the Hueb Store Website:
- Express Checkout using Shop Pay, PayPal, GPay payment solution Or.
- Shopify Payments solution
The Customer declares to Hueb that they are the holder of the card used to pay for the Order and that the first name and surname printed on the card to be charged are indeed their own.
In addition, to fight online fraud, Hueb applies a process to assess risks and prevent payment fraud for purchases made on the Hueb Store Website. The data collected for this verification are solely intended to be used by our authorized anti-fraud personnel at Hueb.
5.2. Pay in instalments solution.
For all orders placed on the website, Hueb offers instalment payment options for customers through the Shop Pay Payment solution through their tie up with the lending partner Affirm and are subject to the terms and conditions as prescribed by the Shop Pay solution.
SECTION 6: COMPLIANCE WITH REGULATORY AND CONVENTIONAL STANDARDS
GOLD: Hueb products are made from 18 karats gold.
DIAMONDS: Hueb only buys diamonds from legitimate conflict-free sources in compliance with United Nations resolutions. Based on its knowledge and/or written guarantees from the suppliers of these diamonds, Hueb hereby guarantees that the diamonds were not sourced in conflict zones.
SECTION 7: SHIPPING AND RECEIVING
7.1 General Procedure
Shipping signifies transferring the Items into the Customer's physical possession.
Items are shipped to the address provided by the Customer as the shipping address at the time of placing the Order in question (‘Shipping address’).
It is understood that no shipment can be made to hotels, forwarding agencies, campuses, distribution points or post office boxes. Items may only be shipped once payment for the total amount of the Order is received by Hueb.
No shipments will be made by Hueb if the entire amount cannot be charged.
Information on shipping methods is provided on the cart confirmation page of the Hueb Store Website as well as on the Order summary page prior to paying for the Order.
7.2 Shipping Methods
Hueb offer free shipping to all the available destinations across the world including all US States.
Pending availability and credit card verification, orders will arrive within 5-7 business days.
Please refer to the Delivery Policy on the Hueb Store Website for more information on the Domestic and International shipments.
Delays that are out of our control may occur, however, for one of the following reasons:
- Unforeseen circumstances
- Delivery zone
- Traffic disruption
Depending on the case, if the Customer's desired date and/or time slot is not honoured for any reason whatsoever, Hueb shall inform them and ask whether they still prefer to purchase the Item(s) and change the delivery date or time slot, or to cancel the Order for a full refund.
No deliveries are made on Saturday, Sunday, or bank holidays.
For the shipping times to be honoured, Customers must ensure they have provided a complete and accurate shipping address, namely street number, building, stairway, access code, intercom number, etc.
If the Customer is absent at the time of delivery, Hueb will issue a re-delivery request. If the Customer is also absent at the time of this second delivery attempt, the parcel will be returned to the Hueb headquarters, resulting in the Order being cancelled.
The onus of risk is on Hueb for the products until they are delivered to the Customer, at which point the Customer is responsible once delivery has been made to the shipping address provided by the Customer.
7.3 Defects and Product or Parcel Damage
To prevent any disputes, Hueb recommends that the Customer verifies the condition of the Items upon delivery and, insofar as possible, handwrites any defects they observe on the delivery slip and signs it (parcel arrived opened, product is damaged, etc.).
If the purchased Items are not in proper condition or the Customer is unsatisfied, the Customer can return them or request an exchange or refund as per the terms stipulated for each option in the Return Policy on Hueb Store Website.
SECTION 8: THE RIGHT TO CANCEL OR RETURN ITEMS
If for any reason, the customers are not completely satisfied, they may return or exchange the purchase when it is presented with established proof of purchase in saleable condition.
Returns are eligible for a full refund if returned within 30 days with a receipt.
Unfortunately, we cannot exchange, replace, or credit, monogrammed or personalized items.
We recognize that returns are important to our customers. To ensure a positive shopping experience for all our customers, if we identify an unreasonable return pattern, we may restrict or refuse future transactions from such customers.
For all returns, merchandise must be presented in saleable condition and established proof of purchase is required. In all events, the Customer must return the Items delivered in their original packaging, including any boxes, certificate of authenticity, accessories, packaging materials, labels, booklets, etc. and be accompanied by the duly completed return slip and a copy of the invoice. Items that are returned incomplete, broken, damaged, worn down, soiled or in any condition that would reasonably indicate they have been used or worn will not be refunded or exchanged, and will be sent back.
Requests for adjustments will be honoured if the merchandise was purchased at full price and if it is marked down within 7 days of purchase.
Customers may indicate their decision to cancel by contacting the Hueb Customer Care through email email@example.com, Tel +1 (212) 776-4690 or +1 (646) 757-3578.
The Customer will immediately receive an email confirming receipt of their request.
Hueb customer service or its carrier will then contact the Customer to arrange to pick up the parcel containing the Item(s) the Customer wishes to return. The parcel received by the Customer contains a return slip.
Refunds are issued within fourteen (14) days from the Customer's cancellation notice or within two (2) business days from when Hueb receives the returned Items.
Depending on the payment method, a refund for the amount paid for the returned Item(s), including taxes charged if any, shall be issued to the customer.
Return shipping is free.
SECTION 10: COMPLIANCE – WARRANTY – AFTER-SALES SERVICE
All the Items for sale on the Hueb Store Website come with a legal compliance warranty, which allow Customers to send back defective or non-compliant Items at no cost.
SECTION 11: CLAIMS AND INFORMATION
For any information, claims or questions pertaining to the General Terms of Sale that Hueb has instituted or individual articles, Customer must contact the Hueb customer service department via the Contact form on the Website and include, if applicable, the Order number.
SECTION 12: PERSONAL DATA PROTECTION
Hueb collects personal data from Customers and, when required, data on the recipient of the Order.
The name-based data requested from the Customer is compulsory for, primarily, processing their Orders and issuing invoices.
These data may be shared with any partners that Hueb commissions to oversee the execution, processing, management, and payment of Orders.
The processing of the information provided via the Hueb Store Website meets the legal requirements on personal data protection and the information system utilised for this purpose ensures optimal protection of these data.
SECTION 13: RETENTION OF OWNERSHIP
Hueb retains full and lawful ownership of the Items sold up to when full payment is received, which includes the retail price, fees, taxes, and compulsory contributions.
ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS
The brand "Hueb” and all graphic or non-graphic trademarks, and more generally any other marks, illustrations, images, and logos that appear on Hueb items, their accessories, or their packaging, whether they are trademarked, are and shall remain the sole property of Hueb. Any full or partial reproduction, modification or use of these marks, illustrations, images, and logos for any purpose whatsoever and on any media, whatsoever is strictly prohibited without Hueb’s prior written consent. This equally applies to any combining or merging with any other marks, symbols, or logo, and more generally any distinctive sign used to create a composite logo. This also holds true for all copyrights, designs and models, and patents owned by Hueb.
The full or partial use of the Hueb Store Website, namely by means of downloading, reproducing, transmitting, or representing for other than personal, private, and non-commercial purposes is strictly forbidden. Any violation of these provisions is subject to the penalties as prescribed by the US laws.
No hyperlinks directing users to any of the pages or parts of the Hueb Store Website may be created without the prior written authorisation of Hueb. Authorisation may be revoked at any time. Websites that contain a hyperlink directing to the Website or to which the Website may direct are not under Hueb’s control. Therefore, Hueb declines any liability (e.g., editorial) relating to the access and content of these websites.
SECTION 15: SIGNATURE AND PROOF
Hueb endeavours to protect its customers’ personal data by ensuring a high level of security. But Customers also assume a role in protecting their own personal data. Customers should safeguard the security of their online transactions, for example by not sharing their username with anyone (the Customer’s email address) and/or password, and by changing their password on a regular basis. In this vein, Hueb cannot be held liable for disclosing information about the customer to anyone who has used their username (the Customer’s email address) and/or password. As such, use of the Customer’s username (the Customer’s email address) and/or password is proof of their identity and, upon confirming an Order, shall render the corresponding amounts payable. Under no circumstances can Hueb be held liable for the fraudulent use of this information. Providing a bank card number and final confirmation of an Order serves as proof that said Order has been accepted, and a requirement to pay the amounts engaged by entering any items that appear on the Order. The digital logs saved on Hueb’s, and its partners’ information systems are deemed as proof of communications, Orders, and payments between the parties.
SECTION 16: FORCE MAJEURE
Hueb’s execution of all or part of its obligations shall be suspended in the event of a force majeure.
Hueb shall inform the Customer of such an act of God or force majeure within eight (8) days of it occurring. The occurrence of this type of event suspends the execution of these General Terms of Sale.
SECTION 17: LIABILITY
17.1 Hueb cannot be held liable for any direct or indirect damages that may result from the use of the Hueb Store Website, which includes inaccessibility, data losses, damage, destruction, or viruses that may affect the user’s computer device and/or the presence of a virus on the Website.
17.2 Hueb guarantees neither the legality nor the accessibility of the Website content for all countries.
SECTION 18: LANGUAGE
The Website and the General Terms of Sale are available in English language only.
SECTION 19: LEGAL DISPUTES AND ENFORCEABLE LAW
These General Terms of Sale are written and interpreted in compliance with US Laws. If there is any opposition as to their application and/or interpretation, the Customer may opt to refer the matter for binding mediation proceedings or any other alternative conflict resolution procedure.
It is entirely up to the Customer whether to agree to or refuse mediation proceedings and, if mediation is chosen as a remedy, both parties are free to agree to or refuse the mediator's decision.
If an amicable solution cannot be found or mediation proceedings are not chosen, any disputes that may arise as to the General Terms of Sale shall be referred to the competent court where the Customer is domiciled.
The failure of one Party to act against the other Party for breach of any of its obligations cited in these General Terms of Sale shall not be construed as a waiver of that obligation in the future.