HUGO & OTTO TERMS & CONDITIONS
- Section 1: Definitions
- Section 2:1 Delivery
- Section 2:2 Shortage, Faulty Goods & Transit Damage
- Section 2:3 Cancellations, Returns & Exchange, Clearance or Sale Items, Bespoke or Special Orders
- Section 3: Limitation of Liability & Juristriction
- Section 4: Hugo & Otto Gift Cards
- Section 5: Outdoor Events
- Section 6: Product Labelling, Certifications & Government Regulations
- Section 7: Credit Card Transactions
The individual or organisation that purchases, buys or agrees to buy the Goods from the Seller Hugo & Otto Limited
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
The contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
The articles that the Buyer agrees to buy from the Seller.
Our Website means:
Hugo & Otto Limited
Company No: 09026219
Registered Company Offices: Cholmondeley House Dee Hills Park Chester CH3 5AR Cheshire United Kingdom.
Terms and Conditions means:
The terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
The original manufacturer of the branded goods that are for sale on Our Website or in person from Hugo & Otto Limited at outdoor or indoor events.
The Buyer's statutory rights as a Consumer is not affected by any of these terms & conditions set out. You are also protected by the Distance Selling Act. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days. The buyer must ensure that all contact details for the transaction and purchase is correct at registration and completion of purchase. Hugo & Otto reserves the right to withdraw any products from sale if the buyer cannot be contacted.
Price and payment means:
The price of the Goods shall be that which is stipulated on Our Website or available and price tagged at outdoor or indoor events and paid for in person to Hugo & Otto Limited. Payment is the amount of the goods paid by the buyer as stipulated by Hugo & Otto Limited to include or which may incur additional shipping fees applicable to the weight, size and packaging of the goods to the requested shipping destination within the UK, Europe or Worldwide.
What are cookies?
A cookie is a small file which is placed on your computer's hard drive. Online shops like Hugo & Otto are allowed to use 'strictly necessary' cookies without consent otherwise online shops would not work. They are used to remember, for example, what you put in your shopping basket. If we did not use this then your shopping basket would be empty when you reached the checkout. Cookies on this website as Strictly Necessary
Used to recognise the same user when they click from page to page. Remembers what is in your shopping basket. The cookie expires when you close your web browser.
This cookie allows you to put an item in your basket, leave the website and then return at some point in the future and the contents of your shopping basket will still be available. If you sign in with an email address and password, these login details are also saved so that you can remain logged in when returning (the password is encrypted). If you sign out your login details are removed from the cookie.
A further category of cookies which we have identified we have called 'Performance Cookies' and we use these only to improve our site or measure response rates. All information collected by these cookies is anonymous and does not in any way impact on your privacy.
This cookie is typically written to the browser upon the first visit to Hugo & Otto from that web browser. This cookie is used to determine unique visitors to Hugo & Otto and it is updated with each page view. Expires 2 years from set/update.
This cookie is used to establish and continue a user session with Hugo & Otto. When a user views a page on Hugo & Otto, the Google Analytics code attempts to update this cookie. This cookie expires when a user pauses on a page on Hugo & Otto for longer than 30 minutes.
This cookie stores the type of referral used by the visitor to reach Hugo & Otto, whether via a direct method, a referring link, a website search, or a campaign such as an ad or an email link. It is used to calculate search engine traffic, ad campaigns and page navigation within Hugo & Otto.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies.
Section 2:1 Delivery
UK & Mainland European Orders:
The total purchase price including delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.
Northern EUROPE, European Islands & WORLDWIDE ORDERS:
Standard Shipping Charges applies to UK mainland shipping destinations only these are the only charges we can as reasonably as possible absorb any shipping fees over and above the actual weight of the package. For worldwide shipping we will require to charge our customers the fee that we are charged for shipment.
Please note the following information:
The total purchase price of the sale of goods will be displayed in your shopping cart however, because of the nature of worldwide shipping rates, different courier rates are affected weekly by fuel surcharges Courier companies are levied. We have to calculate your order in terms of the following to give you a correct shipping quotation. Total weight and size of box/cartons = total volume. Please email firstname.lastname@example.org for information on your shipping costs.
We always endeavour to obtain the very best affordable shipping quotes and work hard alongside our customer to ensure the best rates are agreed prior to shipping. The customer is fully responsible for their own Country tax and customs landing charges at the destination. Payment of the goods, including shipping charges must be made in full prior to dispatch of the Goods. In all cases we will email your shipping reference numbers for you to track.
Small items which are fully available and in stock for goods to the UK:
Delivery times from receiving your order, packaging and sending out to your shipping destination is a normal turnaround time of just a few hours and delivery by the Royal Mail system which is by first class. First Class mail sent Monday - Friday prior to 3pm and is expected to arrive the next Royal Mail working day (pending Saturday am deliveries in your area)
In Stock large or heavy items or goods to the UK:
a courier service is required for large boxed items and we use Parcelforce UK 48 hour delivery on a working day week which is stipulated as Mon - Fri (Parcelforce do not delivery on a Saturday)
eg: if you place your order on a Thursday and it is packed, ready for dispatched by 10am the same day you will receive it on Monday the following week.
Any items that are in standard stock but awaiting to be made at time of ordering are made within 24 hours of receiving the order during the normal working week of Mon - Thursday (our studios are not open on Saturdays) and we will provide you with shipping details and expected times of delivery.
Special Orders & Bespoke Orders
Any special or bespoke order will be agreed and signed off by order, invoice and email confirming the agreement from both parties. Approximate delivery times will be provided at the time of ordering. Email address for any correspondence is email@example.com
Section 2:2 Shortage, Faulty Goods & Transit Damage
Although the Seller undertakes to inspect and carefully wrap, dispatch all goods to the Buyer in good order on the rare occasion damage happens it could be a transit issue rather than source. Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. Please notify us in writing within 14 days of receiving the goods of the damage involved and the intention to return. The Return of goods must have all original swing tags and paperwork within the box and we recommend that The Buyer ensures the safe return of the items by insuring the goods and with a tracking reference code. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. This payment will be refunded after the goods have been received and acknowledge of receipt and defective goods by the Seller. All goods will be inspected upon receipt by The Buyer to understand the damage. We would ask please that The Buyer takes any photographs they can of a damaged item or box to help the process of insurance claims against a potential loss with the shippers. Please notify us in writing of any shortages inside the package and again any images of transit damage would be greatly appreciated. Thank you.
Section 2:3 Cancellations, Returns & Exchange, Clearance or Sale Items, Bespoke or Special Orders
Cancellation and return:
Upon receiving any item from The Seller, The Buyer shall inspect the Goods immediately upon receipt. If, The Buyer finds that the Goods are damaged or do not comply with any of the Contract, The Buyer shall notify The Seller by email at firstname.lastname@example.org and return the items within 14 days of Invoice date. If the Buyer fails to do so outside of this time frame, the Buyer shall be deemed to have accepted the Goods. Whereupon the goods are received back into Hugo & Otto they will be inspected and a refund process back to the original card used for purchase of the product and will begin with a written request to our banking acquirers which can take up to 2 - 7 working business days. It is an automated process and goes through the online banking acquirer and then onto the holding bank which can also take up to a further 2-7 working business days to clear the automated process.
All goods must be returned to Hugo & Otto without any damage. The goods of sale must have all original tags on the item, no damage, wear or tear or contamination with dog hairs or deliberate contamination or damage to the product. The goods that you buy have to be re-sold and if they cannot be re-sold in a perfect condition you will be liable for all expenses outlayed by the company Hugo & Otto Limited to recover the loss of damages and debt. We will not accept liability for the cost of original carriage, courier shipping, boxing and returns of items, the buyer must accept all liability for these costs within the contract of our terms and conditions of sale. Returned items will be examined, photographs will be taken and we will refund you in full for the cost of goods excluding the costs of shipping or couriers for the sale of goods and the return of goods.
Clearance Items or Sale items
Unless they are proven faulty these items are non refundable. It returned past the timeframe of 7 days from the date of Invoice the buyer will be issued/eligible for a credit note only. Postage charges are applicable for Sale & Clearance item exchanges.
Bespoke or Special Orders
No refunds can be given for bespoke or special orders as they are signed off and agreed by both the seller Hugo & Otto Limited and the Buyer the customer. All items will be inspected, photographed and packed as per our standard packing prior to shipment. Shipment is by either Parcelforce, Royal Mail or UK Carrier. International Couriers and shipment costs will be agreed prior to ordering. If the items are delivered damaged or the order is found to be faulty we ask that you take photographs as soon as the damage is found and send with correspondence to email@example.com whereupon an investigation of what has occurred will take place. No refunds will be given on Bespoke or Special orders unless the item is faulty. To prove fault you must do this in writing and it would be helpful with photographs prior to sending back to Hugo & Otto so that upon inspection at our offices we can agree the fault. If no fault is found upon our inspection you will be sent the items back to your shipping address. No refund, store credit and costs will be incurred by the buyer should we find that the products have been deliberately damaged or cannot be taken back into stock because of miss-use.
All returns should be clearly labelled and addressed to returns:
Hugo & Otto Limited
Shipping information and shipping reference numbers should be sent to firstname.lastname@example.org we request that you insure the shipment to the full value of the goods as per your invoice. You are responsible of the safe return of all goods until they are received, we cannot accept any loss or value.
Section 3: Limitation of Liability & Juristriction
Limitation of liability:
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Damage to goods beyond repair or resale: The Seller is not legally responsible for any items sold to the buyer in good faith and in good condition at point of sale whereafter, the product is found upon inspection to be damaged beyond repair by the buyer or another party.
It is recommended that If both parties i.e The Buyer and The Seller cannot come to an agreement mediation if agreed by both parties can begin via ODR in all cases photographic evidence and correspondence in writing will be presented by The Seller.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
Changes to terms and conditions:
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Governing law and jurisdiction:
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Section 4: Hugo & Otto Gift Cards
Gift Card Terms and Conditions:
The Hugo & Otto gift card is purchased by The Buyer intended to be given as a gift to person/s for the intended purchase of or part purchase of goods within the Website. The Hugo & Otto gift card can be activated with a minimum value of £25.00. The gift card will have a code which once activated at check out cannot be further redeemed unless there is an outstanding balance.
The Hugo & Otto gift card can be purchased through our Website www.hugoandotto.com and not on any other third party website
The Hugo & Otto gift card can only be used to purchase goods at Hugo & Otto Limited and not any other store or third party website, or direct supplier to Hugo & Otto. Hugo & Otto Gift Cards may not be exchanged for cash or change given for transactions. Gift Cards will expire after 12 months of purchase and any balance will be forfeited thereafter. Hugo & Otto is not responsible for any lost, stolen, or damaged gift cards.
Section 5: Outdoor Events
Hugo & Otto Pop Up Stores/Events/Charitable Foundation Events indoors & Outdoors:
When operating from remote events either at an outdoor/indoor event it is often necessary to display products in a small space and with only limited stocks. Full stocks can be seen on-line at www.hugoandotto.com
All purchases made on stand would normally be ordered on the day from the website or from an order book and an approximate delivery date will be given to you when you purchase your goods. You will then receive your goods delivered to your door. Any or All goods seen on stand and paid for on the day and are taken away by the customer will be deemed as "sold as seen" they are in an immaculate condition prior to being displayed and one would hope would stay in this condition throughout the event. At events customers with dogs naturally look at products as they would in store, many events now are held in grassy fields and open to the elements. We at Hugo & Otto will do our utmost to protect and display our beautiful products in the best possible way, but it is often not as good as it would be in a store inside with air-conditioning. Therefore any items that are sold on stand on the day are sold unpackaged, unboxed and sold as seen. Any goods that are marked on site may at our discretion be marked down in price but once this is agreed with the consumer then no other discount will be offered once the goods have been accepted, paid for and taken away, these will be regarded as "sold as seen"
Section 6: Product Labelling, Certifications & Government Regulations
Product Labelling & Certifications
Certificates for Oeko-tex® 100 Standard polyester fabrics, polyester fibre fillings, and memory foam products belong with the original manufacturer of whom supply Hugo & Otto Limited and their makers with these products. It is not a legal requirement to have these certificates in the name of Hugo & Otto Limited.
For up to Date UK & EU regulations Please refer to:
Where a product is made from textiles an adequate care label with symbols to provide you with instructions as standard. We would refer you to read the Manufacturers care label instructions that are provided on the products and in most cases these are usually found sewn into the seam of the textile dog product.
Dog Products that are manufactured from wood laminate, solid wood, stainless steel and leather dog products may require a simple care programme. The manufacturer may supply a printed care label or card with the product. It is not a current legal requirement unless it is a textile based product to provide a care label on these type of products unless it is dog beds and bedding. We would ask that in all cases refer back to Hugo & Otto for advice at email@example.com where we can help you with your care of dog product requirement from the advice given from the manufacturer.
We will endeavour to help and assist you at all times, however, If you feel your statutory rights have not been obligated by Hugo & Otto you have the right to contact your Trading Standards Office.
In all cases please email firstname.lastname@example.org should you not find a care label on your product or you require extra assistance.
Section 7: Credit Card Transactions
INTERNET TRANSACTIONS BY CREDIT OR DEBIT CARD:
Fraud prevention and legal protection:
Hugo & Otto Limited has systems set in place with it’s registered acquirers, banks and internet systems to protect the legal owner of a credit or debit card and also the Seller Hugo & Otto Limited against internet fraud. If the Bank flags a warning against a card that has been used for payment of goods Hugo & Otto Limited retain the right to contact the Buyer by email to inform them of this and to re-confirm the owner of the card used. The goods will not be dispatched until these checks are completed and also retain the right to refund the card. In many cases Bank warnings can flag up for simple reasons if contact information is incorrect even if this is a simple house move and cards have not been updated, but in all cases it is for the benefit of all to ensure the transaction is legal. Or, if they suspect fraud has taken place they will enforce a Warning that a card has failed all security checks and will advise to refund payments.
HUGO & OTTO LIMITED REGISTERED IN ENGLAND & WALES REGISTERED OFFICE ADDRESS:
CHOLMONDELEY HOUSE DEE HILLS PARK CHESTER CH3 5AR UNITED KINGDOM
TELEPHONE: + 44 (0)1829 782981
Company Registration No: 09026219 Companies House United Kingdom