Terms & Conditions
By placing an order and confirming payment on the website of Hugo & Adele you agree to contract with us in accordance with the following terms and conditions of sale. Please read these terms and conditions carefully before ordering any goods from our site.
Subject as hereinafter provided, Hugo & Adele warrants that all goods promoted for sale on this site are of satisfactory quality. Specifications on this website of the goods to be sold are not intended to be binding and are intended only to give a general description of the goods. In all other respects, and to the maximum extent permissible, Hugo & Adele makes no other warranties or promises about the goods, and any implied warranties are excluded.
The warranty contained above is subject to the following conditions: (i) the goods must be stored in appropriate conditions; if you do not store them in appropriate conditions we cannot be held responsible for faults or problems that arise as a result; (ii) any claim by you in respect of any shortages and/or defects in the goods must be notified to us in accordance with these terms and conditions, stating the nature of the shortage/defect and quoting the invoice no.; if you fail to so notify us you will be deemed to have accepted the goods.
Availability, prices and import duties
All goods are offered for sale subject to availability. Hugo & Adele regrets that occasionally it may be impossible to complete an order if stock runs out or is withdrawn for any reason. If there is a problem we will let you know as soon as we can and will refund in full any money that you have already paid to Hugo & Adele in respect of the goods in question. The price of the goods shall be the price listed on our website on the date of your order, inclusive of any VAT which may be payable by you.
All prices displayed on the website are quoted in UK Pounds Sterling and must be paid in full, including delivery charges (which are separately stated at the time of your order). Customers, and not Hugo & Adele, are responsible for the payment of any applicable customs duties or taxes in their own country, and failure to pay customs duties or taxes is likely to result in your package being destroyed.
By clicking the 'PURCHASE' button on the Confirm & Purchase Screen, you agree to these terms and conditions. Please carefully check your personal details and details of the goods to be provided before clicking the 'PURCHASE' button. By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract (which will not be filed by us). A contract between you and Hugo & Adele may only be concluded in English.
You are responsible for ensuring the accuracy of your order and we shall supply you, subject to availability, with the quantity and specification of goods set out in your order. We shall initially confirm each order by e-mail, but please note that this email does not mean that your order has been accepted. Your order will not be deemed to be accepted until Hugo & Adele sends a further email to you confirming that the goods that you have ordered have been dispatched. If not all of the goods that you have ordered are included in such further email, there will be no binding contract in place between us in respect of those goods not included until a separate confirmation of dispatch of those goods has been sent. While your card may be debited before the contract is formed, if the order is ultimately rejected, a full refund will be made immediately.
Should, after you have placed your order, you notice that any details are incorrect, you should contact us without delay in order to amend any inaccurate details. We cannot guarantee that we will be able to make any such amendments and do not accept any responsibility in this regard.
Payment may be made by any of the methods indicated on our website. Hugo & Adele does not offer any credit facilities, so we will not deliver goods to you if you do not pay for your order in full at the time of ordering.
Delivery shall be made to the delivery address supplied by you at the time of ordering. While we endeavour to deliver within the times specified, any times quoted for delivery are approximate only and Hugo & Adele shall not be liable for any delay in delivery of the goods howsoever caused.
Risk and Title
Risk of damage to or loss of the goods shall pass to you at the time of delivery to the specified delivery address.
Right to Cancel the Contract
If you are contracting as a consumer, you may cancel the contract between us at any time within seven working days, beginning on the day after you receive the goods to which the contract relates.
If you do so cancel the contract, you will receive a full refund of the price paid for those goods in accordance with our returns policy (set out below).
To cancel the contract, you must inform us in writing. You must also return the goods in question to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
ReturnsWhen you return goods to us:
- because you have cancelled the contract between us within the seven-day cooling-off period described above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
- because the goods supplied are defective, we will first examine the returned goods in order to assess your entitlement to a refund. If we agree that the goods are defective, you will either be refunded in full (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us) within 30 days of receipt of the returned goods, or we will replace the goods free of charge (in which case we will refund your reasonable costs in returning the goods to us). We shall have no further liability to you once you have been so refunded or the goods in question have been replaced. If you do not notify Hugo & Adele of a defect in any goods, Hugo & Adele shall have no liability for any defects and you shall be bound to pay for the goods.
- for any other reason, Hugo & Adele will refund the value of the goods supplied or exchange the goods in question, provided that they are returned to Hugo & Adele in their original, undamaged packaging within 28 days of delivery. If we find that the goods have not been returned to us in fully resaleable condition, we reserve the right to refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount. If the value of the goods is to be refunded, we will also refund the standard delivery charge made on orders if the goods are returned to us within 7 days of receipt. If the value of the goods is to be refunded but an order is returned to us after 7 days from the day of receipt, then we will refund the delivery charge only if the goods supplied were incorrect. If applicable, Hugo & Adele will repay you the value of the goods within 30 days from receipt of the returned goods without any further charge to you except the direct cost of returning the goods.
Any goods to be returned must be returned, along with their original invoice, to the address specified on the invoice for the goods. Returned goods should be sent recorded delivery.
Our usual refund policy does not apply to made-to-order goods such as prints and personalised greetings cards, which cannot be returned or exchanged unless faulty.
In some cases Hugo & Adele may require you to return defective goods to Hugo & Adele at its cost.
By placing an order with Hugo & Adele, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
Limitation of liability
Hugo & Adele’s liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the goods you purchased.
This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this shall not prevent claims for loss of or damage to your tangible property that fall within the terms of “Goods” or claims expressly not excluded elsewhere in this “Limitation of liability” section.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us must be given to Hugo & Adele at the address given below. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in “Written communications” above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
The contract between you and Hugo & Adele is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action.
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- impossibility of the use of public or private telecommunications networks.
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with “Notices” above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
Choice of law and jurisdiction
These Terms shall be governed by and construed in accordance with English Law and you agree to submit to the non-exclusive jurisdiction of the English courts.
Hugo & Adele is a site operated by Lucky Duck Designs Ltd, which is a company registered in England and Wales under number 07506174 whose registered office is at 145-157 St John Street, London EC1V 4PW. Any complaints should be sent to this address.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS