Terms & Conditions
Thank you for visiting the site huenewyork.ca. This site, including mobile applications, are referred to in these terms as the “Sites”, and Kayser-Roth Corporation, its affiliates and/or subsidiaries, and/or any one or more of its respective successors and assigns, and reference to Kayser-Roth Corporation’s brand HUE is referred to as “we”, “us” or “our”. End users of the Sites are referred to as “you”.
BY VISITING OUR SITES, YOU AGREE TO THESE TERMS & CONDITIONS OF SITE USE ("Terms") AND OUR PRIVACY POLICY (the “Policy”); IF YOU DO NOT AGREE WITH SAME, DO NOT ACCESS OR USE THE SITES. You agree that your experience of the Sites would not be the same without your agreement to these Terms and the Policy. As such, please do read them carefully.
The provisions in this paragraph may not apply to people located in certain provinces or territories. These Terms impact your legal rights. By using the Sites and agreeing to these Terms, you waive your rights to a jury trial, to participate in a class action lawsuit, or arbitration for any claims arising out of or relating to your use of these Sites.
Purchasing goods or services, or using certain features or aspects of the Sites may require you to agree to additional terms and conditions. These additional terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature, are included in the Terms by reference. You agree to abide by all such Terms.
TERMS AND CONDITIONS
Electronic communications
By signing up to receive our newsletters, you expressly consent to receive emails from us. You further agree that communications between us may be done electronically and are considered to be communications in writing. We may send you communications from us electronically, whether by email, posting notices on the website, or other electronic means. You agree not to send Personal Information (as such term is defined in the Privacy Policy), such as addresses or credit card information, by email.
Hyperlinks and third-party sites
The provisions in this paragraph may not apply to people located in certain provinces or territories. Some of the links we make available to you on the Sites will redirect you to leave the Site(s). We cannot guarantee that the hyperlinks set out on our Site(s) will be accurate in any respect. You agree and acknowledge that the third-party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control, and that we cannot and do not monitor these third-party websites. You agree that we are not responsible for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. You acknowledge and agree that, if you access any of the third-party websites linked on the Sites, you do so at your own risk. These links are provided only for your convenience, and their inclusion does not constitute or imply our approval or endorsement of those sites or their content. We shall not be liable for any loss, claim, damages, or costs that may arise in connection with such links or your use of any such third-party website.
Use restricted to Canadian residents
By using the Sites, you acknowledge and agree that we operate the Sites from our offices in the United States of America and that the Sites are intended for viewing within Canada only and will only be construed and evaluated according to Canadian law. We make no representations that the materials on the Sites are appropriate or available for use outside Canada. If you choose to access the Sites from outside Canada, you do so at your own risk and are responsible for compliance with all local laws.
Access restriction and termination
Access and use of the Sites are expressly conditioned on your compliance with all relevant laws, regulations, contractual obligations, and these Terms. We may restrict, suspend, or terminate your access to all or any part of the Sites at any time and for any reason in our sole and complete discretion, including but not limited to (1) when required by law; (2) when we believe, in our sole discretion, that a user may be violating the law or these Terms; or (3) any other reason that we deem appropriate. We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Sites.
No unlawful or prohibited use
We offer our products with return and customer service policies, only to individual consumers who make purchases directly from us, in their own names, and not for resale, export, distribution or otherwise. Such return and customer service policies are not transferrable. As a condition of your use of the Sites, you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, interrupt, overburden, or impair the Sites or our network or servers, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to the Sites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Sites if you are not expressly authorized by such party to do so. Additionally, you shall not engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of accessing, logging-in or registering on the Sites, or obtaining or accessing other information from or through the Sites.
The following actions are also expressly prohibited: (i) Transmitting unsolicited email or spam; (ii) Using any of our domain names as a pseudonymous return email address for any electronic communications; (iii) Pretending to be someone else or spoof their identity; (iv) Soliciting business, selling products, or otherwise engaging in commercial activities or personal advertisements; (v) Using the Sites to perpetrate fraud, misrepresentation or illegal activity; (vi) Attempting to gain unauthorized access to the Sites or another user’s account, through hacking, password mining or any other means; (vii) Attempting to circumvent or compromise any security measures; (viii) Creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities; (ix) Deep linking to any part of the Sites; (x) Modifying, altering, or tampering with systems hardware or software; (xi) Creating multiple accounts through the Sites; (xii) Intentionally submitting inaccurate information or falsifying information submitted to us for the purpose of creating multiple accounts; (xiii) Exceeding or attempting to exceed quantity limits when using coupons, vouchers or other limited offers and promotions; (xiv) Purchasing or attempting to purchase any products or services on the Sites other than as and in the name of the consumer who intends to purchase the product or service for personal use, and not for resale, export, distribution or otherwise; (xv) Forging headers or otherwise manipulating identifiers to disguise the origin of any message or transmittal you send to us on or through the Sites or any service offered on or through the Sites; or (xvi) Assisting or permitting any person engaging in any of the activities described above.
Intellectual property
All content included on the Sites, including text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is our property or that of our suppliers, and protected by Canadian and international copyright laws. Except as otherwise expressly provided in writing or under applicable law, such content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our express prior written permission. Our graphics, pictures, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress, of ours in Canada and/or other countries. You agree not to use these trademarks and trade dress in any manner prohibited by law or prohibited by us, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit us. There may be other trademarks we do not own appearing on the Sites. Those trademarks are the property of their respective owners, who may or may not be affiliated with us.
User Content
By posting or distributing any comment, message, data, information (excluding any information that you submit to us in connection with employment opportunities or Personal Information, which we shall treat in accordance with our Privacy Policy), text, music, sound, photos, graphics, or other content (“User Content”) to the Site, you (a) grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Content throughout the world; (b) grant us and our sublicensees the right to use the name that you submit in connection with such User Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Content to or through the Site; (ii) the User Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
User Content submitted by users is deemed non-confidential, and we are under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use the User Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for User Content or to attribute authorship of User Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose to the publication, use, modification, deletion and exploitation of the User Content by us or our agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Content; and (d) you release us from any and all claims that you could otherwise assert against us by virtue of any moral rights. We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage in relation thereto.
License and Site access
We grant you a revocable, limited license to use the Sites for personal and non-commercial use only. You may not copy or reproduce the Sites, or any portion of them, without our express written consent. In addition, we grant you a limited, revocable, and non-exclusive right to create a hyperlink to any of the Sites, so long as the link does not portray us in a misleading, derogatory, false, or otherwise offensive manner.
Site warranties disclaimer
THE FOLLOWING PROVISIONS IN THIS PARAGRAPH 9 MAY NOT APPLY TO PERSONS DOMICILED IN CERTAIN PROVINCES OR TERRITORIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE SITES OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE (INCLUDING MOBILE APPLICATIONS, AND AFFILIATED WEBSITES), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, (ii) WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE (iii) WARRANTIES OR CONDITIONS OF TITLE, AND (iv) WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, IN EACH CASE WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OR PURCHASED THROUGH THE SITES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCURANCY OR COMPLETENESS, OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES), COMPLETENESS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, OUR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, CONDITION OR WARRANTY MADE BY US, OR ANY OTHER PERSON ON OUR BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN WRITING HEREIN.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of, the Site whether for breach of contract, tort, negligence or any other cause of action.
Certain Federal and Provincial laws do not allow limitations on implied warranties, so some or all of the above disclaimers may not apply to you, and you might have additional rights.
Limitation of liability
The following provisions in this paragraph 10 may not apply to persons domiciled in certain provinces or territories, and you may have additional rights to those contained herein. These Terms set out the full extent of our obligations and liabilities in respect of your use of the Sites and any products purchased thereon. You agree that we will not be liable for any damages of any kind, under any legal theory, arising from or in connection with the use of the Sites or from any information, content, materials, products (including software) or services included on or otherwise made available to you or purchased through the Sites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages (including damages from loss of business, lost profits, litigation, or the like), even if advised of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with the Sites, any product, and/or content is to cease your use of the Sites and/or product and request a refund of amounts paid by you to us, subject to compliance with the return policy. In particular, we will not be responsible for ensuring that any products are suitable for your purposes.
Indemnity
You shall indemnify and save us harmless, as well as our respective officers, directors, employees, consultants, representatives, and agents on a full indemnity basis from and against any and all claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Sites. This provision shall survive the termination of this agreement and remain in full force and effect.
Security
The Internet, being an open network, is not secure. If you choose to send us electronic communications via the Sites (whether by means of email or posted messages on the Sites), you recognize the inherent risk of such an open network. You agree that we do not, and cannot, guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, when we request that you provide us with Personal Information (as such term is defined in our Privacy Policy), including credit card information, to complete a transaction or survey, or enter a contest, we use commercially reasonable security measures meeting industry standards to protect that information. Credit card information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions in line with industry standards.
Press releases and promotion materials
All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of our knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.
Applicable law
If you are domiciled in a province or territory other than the province of Quebec, the law of the province of Ontario and the federal laws of Canada to the extent applicable shall govern the use of the Sites and these Terms without reference to choice of law provisions. Any claim which qualifies to be filed in a court of law will be heard exclusively in the provincial or federal courts located in the province of Ontario, City of Toronto. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If you are domiciled in the province of Quebec, these Terms and any action related thereto will be governed by the laws of the province of Quebec without regard to its conflict of laws provisions. Subject to the rest of this provision, the exclusive jurisdiction and venue of any action in relation to these Terms will be the District of Montreal.
Notwithstanding the foregoing, in the event of the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents or other intellectual property rights, we may, at our discretion, institute legal proceedings in any jurisdiction(s) which is (are) deemed necessary or advisable.
Waiver and Force Majeure
No waiver of any breach will be deemed a waiver of any subsequent breach. We will not be deemed to be in violation of these Terms if we are prevented from performing any of our obligations due to acts of God, war, strikes, or other acts beyond our reasonable control (including pandemics, epidemics and/or orders issued by an applicable governmental authority), but only for the duration of such acts.
Our right to amend and remove policies
Subject to applicable laws, we reserve the right to modify, amend or delete these Terms or our Policy or any other policy on our Sites from time to time in our discretion. If we make material changes, we will provide current customers and registered users with a revised notice that describes our new practices or a link to the new documentation. Your continued use of the Sites following the effective date of any such modification, amendment, or deletion of the Terms, the Policy or any other such policy on our Sites constitutes your consent and acknowledgement to such modification, amendment or deletion. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.
Copyright
We prohibit copyright infringement by users of our Sites, and will remove or disable access to any User Content that infringes any copyright, if we are properly notified or otherwise determine that the submission is or may be infringing. Without limiting any other rights that we may have, we reserve the right to remove or disable access to any allegedly infringing User Content without notice.
Any copyright owner or its authorized agent who believes that any content on the Sites infringes such owner’s copyright may submit notification to us pursuant to the Copyright Act (Canada) (RSC, 1985, c. C-42) (the “Copyright Act”). If we receive a proper notification, we will remove or disable access to the User Content (or allegedly infringing portion thereof) as required by the Copyright Act.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the Copyright Act.
Consumer Care, Shipping & Handling
CONSUMER CARE
CONTACT:
EN hello@huenewyork.ca
FR salut@huenewyork.ca
Call: 226-786-1063
Write:
HUE Consumer Care
9-6975 Meadowvale Town Centre Cir, Suite # 315
Mississauga ON L5N 2V7
Email Requirement: An email address is required when you purchase online. We will need to send emails regarding your order confirmation and shipping information. By purchasing one of our products, you further expressly consent to receive communications from us via e-mail, SMS (text) messages, or voice call on the telephone or mobile device number you may have provided to us, for the purposes of providing you with information regarding aftersales promotions, surveys, contests, and/or instructional materials on the product(s) purchased.
See our Privacy Policy for more details including information on how you can opt out of such communications.
OUR GUARANTEE
We are always committed to outstanding quality. If you find that your product has a defect in manufacturing or material, please give us a call at 226-786-1063 and one of our Consumer Care Representatives will gladly assist you.
SHIPPING & HANDLING
International Orders are not accepted at this time. We only ship within Canada on the Sites. You will be required to provide your name and address, phone number, email address, payment details and other required information.
Product Orders and Acceptance
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the purchased product(s), and you warrant and represent that (i) you are the actual individual consumer who is purchasing the product ; (ii) you do not intend to resell, distribute or export the product or service for commercial purposes or otherwise receive a fee, price differential or other compensation for purchasing or recommending the purchase of the product to any third party. All billing information provided must be truthful, accurate, and in your own name. Providing any untruthful or inaccurate information, or making a purchase for or in the name of another, constitutes a breach of these Terms and may result in cancellation of your order. We may also request additional information from you prior to accepting an order. We reserve the right to refuse or cancel an order for any reason, including, but not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified with your payment or billing information, or potential fraud. If your order is canceled after your credit card or other payment account has been charged, we will issue a credit to your credit card or other applicable payment account in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We reserve the right to limit the quantity of items purchased per person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, or to orders that use the same billing and/or shipping address. We will notify you if we apply any such limit to all or any part of your order.
Pricing, Product Descriptions, and Resellers
The following provisions in this paragraph 20 may not apply to persons domiciled in certain provinces or territories. We make every effort to ensure that the price of each item listed for sale is accurate, and that the products are described accurately. However, a small number of items may at times be mispriced due to administrative or other error. In the event of a pricing error, you agree that we shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. In addition, if we determine, in our sole discretion, that you are a reseller, commercial entity, buying service, marketplace, middleman, drop shipper, distributor, exporter, professional shopper, curator or similar organization, that you are purchasing for or on behalf of someone else, or that you intend to receive a fee, price differential or other form of consideration as a result of your purchase for another party, we reserve the right to refuse or cancel your order.
Price Policies
Our prices on the Sites for our merchandise do not include applicable sales taxes and duties and are net of shipping costs and other handling fees. During the check-out process, applicable charges, estimated taxes, shipping and handling fees will be based on the delivery address associated with your order and added to the amount to be charged to you.
If you have questions about additional charges that may be applied to your purchase, please contact our Customer Care team directly.
Order Confirmation
You may receive an email that contains information regarding the details of your order after you have successfully placed an order through the Sites. The order confirmation email is your receipt that can be printed for your records. In the unlikely event that we are unable to fulfil your order, we reserve our right to cancel your order with no cost or penalty. Should this be the case, we will contact you prior to such cancellation. Alternatively, your order may be modified with the consent of each party.
Product Warranties
The only warranty available to you will be the one mandated by the applicable provincial or territorial legislation and only then for the minimum period prescribed by such applicable legislation.
Returns
Please contact us at (EN) hello@huenewyork.ca or (FR) salut@huenewyork.ca if you have any concerns about your order.
Account (Opening an Account)
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
We are not under any obligation to verify the actual identity or authority of the user of any login name or password.
General
These Terms and the Policy represent the complete agreement between us and yourself in relation to the purchase of the products on the Sites and your use of the Sites and supersede all prior agreements and representations. If any provision of the Terms and/or the Policy is/are held to be unenforceable for any reason, such provision(s) shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure by us to act with respect to a breach of the Terms and/or the Policy by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. We may assign our rights and obligations hereunder to any party at any time without notice to you.
English Language
By visiting our Sites, you confirm your express wish that these Terms be written in the English language and confirm that you have been given the opportunity to read the French version of these Terms, which are available on our Sites. En visitant nos Sites, vous confirmez votre souhait exprès que ces Termes soient rédigés en anglais et confirmez que vous avez eu la possibilité de lire la version française de ces Termes, laquelle est disponible sur nos Sites.
This document was last updated on September, 2022.