(Last updated on 29/02/2020)
- Orders may only be placed via this Webstore. Hichkas Online Store does not accept orders in any other manner, including via telephone.
- You should print a copy of these Terms for future reference.
- If you have any questions about these Terms please contact Hichkas Online Store by emailing: [email protected]
- Placing an order via this Webstore may require you to use third party apps to commence and/or complete your order. As such, when placing an order via this Webstore, you represent and warrant that you have accepted the terms and conditions of said third party apps, as applicable.
Changes to These Terms
- Hichkas Online Store may make changes to these Terms from time to time, which will be effective when posted on this Webstore. Hichkas Online Store will not notify you directly/personally of any changes to the Terms; as such, it is encouraged that you check this Webstore regularly for any updates to these Terms. It is expected that you will read these Terms fully prior to any purchase, and your continued use of this Webstore following the posting of changes will mean you accept those changes.
- You will be subject to the policies and Terms in force at the time that you order product(s) from Hichkas Online Store, unless any change to those policies or these Terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by you).
- The Services, this Webstore (including without limitation) all trademarks, music recordings, lyrics, audio and audio visual clips, digital downloads (“Content”) are owned and controlled by or licensed to Hichkas Online Store, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of Hichkas Online Store or such affiliates, licensors and/or licensees.
- Unless otherwise specified, this Webstore and Content are for your personal and non-commercial use only.
- You may not, without Hichkas Online Store’s express written agreement, use, transfer, copy or otherwise reproduce or modify any part of this Webstore, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.
Purchases via this Webstore require a compatible terminal or device, internet access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.
Your Use of Hichkas Online Store’s Webstore
You may not:
- restrict or inhibit any other user from using and enjoying this Webstore or the Services;
- act in any way that would damage, disable, overburden, or impair this Webstore or the Services or effect or encourage conduct that would constitute a criminal offense or give rise to civil liability;
- upload, post or transmit to, or distribute or otherwise publish through this Webstore any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party’s rights;
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- exploit any information or other material obtained on or through this Webstore for commercial purposes;
- engage in spamming, flooding, harvesting of e-mail addresses or other personal information, “spidering,” “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Hichkas Online Store cookies for purposes which are unrelated to the Services);
- attempt to gain unauthorized access to other computer systems through this Webstore or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Webstore; or
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore or the Contents or the Services.
Your Use of Hichkas Online Store’s Software
Software used to provide the Services (“Software”) is owned by or licensed toHichkas Online Store, Hichkas Online Store’s affiliates orHichkas Online Store’s software suppliers. All rights in the Software are the sole and exclusive property of Hichkas Online Store orHichkas Online Store’s suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and you acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, you may not:
- use the Software to transmit any content (including the Content) to Hichkas Online Store or to any other person or entity;
- sell or otherwise distribute any part of the Software;
- modify, adapt, translate or reverse engineer any part of the Software;
- attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorized;
- use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or
- use the Software for any commercial purpose.
Registration and Passwords
- If a particular Service requires you to register with this Webstore or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in Hichkas Online Store’s discretion and Hichkas Online Store may revoke your password at any time.
- You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Webstore by you or any person or entity using your password, whether or not such access or use has been authorized by you, and whether or not such person or entity is your employee or agent.
- You must immediately notify Hichkas Online Store of any unauthorized use of your password or account or any other breach of security.
- Hichkas Online Store will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person’s account at any time without the express permission of the account holder.
- You are responsible for ensuring that the information Hichkas Online Store holds is up-to-date. Please amend your details as appropriate from time to time or email [email protected] to notify Hichkas Online Store of any changes.
Hichkas Online Store’s Products
- This Webstore may allow you to:
- purchase physical products (e.g., apparel and other merchandise);
- pre-purchase digital products (e.g., music and videos)
- download digital products (e.g., music and videos);
- purchase mobile products (e.g. music, videos and other Content such as wallpaper, screensavers and logos);
- download (and/or participate) in online games, at a cost or free of charge;
- stream services to enable you to preview and/or listen to and/or watch music and videos online; and/or
- subject to any separate specific terms and conditions, offer such services to you on a subscription basis.
- Shipping and delivery dates for any and all so-called “limited edition” and/or “pre-order” sales of product(s) are not guaranteed unless otherwise specified.
- Returns and/or exchanges will never be accepted for so-called “limited edition” product(s).
- Products on this Webstore are limited to the sizes, colors and variants listed on this Webstore. If a size or variant does not appear on this Webstore, it is currently unavailable.
- If Hichkas Online Store decides to offer any additional products in this Webstore, such future products will also be covered by these Terms.
Placing an Order
- By placing an order through this Webstore, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
- If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Webstore, a parent or guardian should accept these Terms on your behalf.
- Follow the onscreen instructions on this Webstore to place an order.
- Items which you select for purchase, download and/or streaming (as applicable) will automatically be placed in your “shopping basket.” To remove an item from your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in your basket.
- Once you have pressed the “checkout” (or similar) button, you will be asked to provide certain information to allow Hichkas Online Store, or a service provider engaged by Hichkas Online Store, to process your order (including your selected payment method and credit card, e-wallet or other payment details).
- Hichkas Online Store cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or quantity. If you wish to cancel your order and place a new order with different information, products or quantities, please follow the Cancellation Policy.
- You will receive an order summary confirmation on screen and/or by email (provided that you have provided Hichkas Online Store with a valid email address) acknowledging that Hichkas Online Store has received your order — this does not mean that your order has been accepted. Your order represents an offer to Hichkas Online Store to purchase a particular item which is accepted by Hichkas Online Store only when Hichkas Online Store sends you an email (“Order Acceptance Confirmation”) confirming (i) in the case of physical products, that the particular product has been dispatched; or (ii) in the case of digital content, instructions for accessing your digital content.
- Hichkas Online Store may reject or cancel your order for any reason prior to shipping your order in accordance with Hichkas Online Store’s Cancellation Policy for that particular product.
- Shipping and delivery dates for your order are not guaranteed unless otherwise specified. All shipping timelines are estimated. Hichkas Online Store is not liable for delays due to carrier, regardless of shipping method.
- Once the package containing your ordered product(s) has shipped, you will receive tracking information via the email you provided with your shipping information.
- Shipping delays will occur if an incorrect address is provided at the time of checkout. Hichkas Online Store is not responsible for any lost packages due to your provision to Hichkas Online Store of an incorrect shipping address at the time of checkout. If the package containing the product(s) you ordered is returned to Hichkas Online Store due to a shipping error, Hichkas Online Store will contact you, via the email you provided with your shipping information, for an updated address to send the product(s). If Hichkas Online Store does not receive a response within fourteen (14) business days of contacting you, Hichkas Online Store reserves the right to refund your order.
Unless otherwise specified, product prices already reflect discounts. All offers are limited to stock on hand; no rain checks or vouchers are available unless otherwise noted. Not valid on prior purchases, gift cards, gift certificates, taxes, shipping, or handling and processing charges. Purchaser must pay applicable sales tax. Offer may not be combined with any other sale, promotion, discount, code, promo, coupon and/or offer. Promotions have no cash value. Offer cannot be sold, transferred, or otherwise bartered. Void where prohibited, taxed or otherwise restricted. Returns or cancellations of any portion of a purchase requires equal forfeiture of offer or amount equal to offer. Hichkas Online Store has the right to end or modify any promotion at any time at its sole discretion. Other restrictions may apply.
- Hichkas Online Store may accept some or all of a variety of payment options, including but not limited to Visa, MasterCard, American Express, Discover, PayPal, Apple Pay, and other e-wallets. Prices appear on this Webstore and exclude sales tax unless otherwise stated. Hichkas Online Store may change the prices for products at any time by posting new prices on this Webstore.
- By paying using your credit or debit card, or any other payment method, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
- Prices may exclude delivery charges, which may be added to the total amount and will be calculated and displayed on screen prior to you submitting your payment details. Typically, the purchase will appear on your credit card or bank statement under the applicable store name, or as Hichkas LTD, or under the name of an applicable technology vendor (such as “Shopify”). If you have any questions about what to expect on your credit card statement, please email: [email protected]
- It is always possible that, despite . Hichkas Online Stores best efforts, some of the items listed on this Webstore may be incorrectly priced. Hichkas Online Store will usually verify prices as part ofHichkas Online Store’s dispatch procedure so that, where a product’s correct price is less thanHichkas Online Store’s stated price, Hichkas Online Store will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on this Webstore, Hichkas Online Store will usually, atHichkas Online Store’s discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. Hichkas Online Store is under no obligation to provide the product to you at an incorrect (e.g., lower) price, even after Hichkas Online Store has sent you a Dispatch Confirmation, if the pricing error is obvious and/or could have reasonably been recognised by you.
- Billing to your credit or debit card will take place prior to or at the time of dispatch in respect of physical product(s), or in respect of digital content, at the time of your purchase or soon afterwards, or digital content release date for pre-sale items.
- Hichkas Online Store may use a third party service provider to process payments, but will ensure that any payment processor engaged by Hichkas Online Store will use security to encrypt credit or debit card data.
- Hichkas Online Store will check all transactions for signs of fraud and may use a third party service provider to do so. If your order is flagged for fraud, your order will be delayed, and eventually a representative will contact you to verify your information. Please email [email protected] with any questions related to your order if you are notified it is flagged for fraud.
Cancellation, Delivery and Usage Rules
Each download item made available to or purchased by you can be accessed via the relevant area of this Webstore using your login details and/or following the instructions provided onscreen or via email. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is authorized by following the instructions provided onscreen or via email. Hichkas Online Store reserves the right to send digital and/or physical goods in partial deliveries (i.e., you may receive multiple packages or links related to a single order).
You may purchase downloads or stream digital content (as applicable) for your personal and non-commercial use only. In the event you experience any problems in downloading the relevant download item, Hichkas Online Store will allow you to subsequently attempt to download the relevant download item. In the event you experience any problems when downloading, please email [email protected] Please note, Hichkas Online Store may withdraw products from this Webstore at any time. You may not make such copies of a product as specified by any specific usage rules to that product. You will not be entitled to burn audio-visual products. Digital rights management software may be used from time to time to prevent any unlawful use.
Cancellations & Refund Policy
Except as expressly provided herein, all payments under this Agreement will be irrevocable, non-refundable, and non-creditable.
Right to cancel does not apply to:
- where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;
- where the product has been made to your specification;
- to digital content;
- digital content on pre-sale;
- where the product, by reason of its nature, cannot be returned, or is billed is a “Final Sale” or part of an “All Sales are Final” offer in the applicable product description or checkout page;
- Limited addition merchandise or other memorabilia; and
- Merchandise that has been worn, washed or in any way damaged by the consumer.
Hichkas Online Store will make best efforts to fulfill your order by the delivery date, or estimated delivery date set out in the Dispatch Confirmation, however, it is understood that circumstances outside of Hichkas Online Store’s control my delay fulfillment or delivery, including but not limited to: high order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.
Risk and Title
Products purchased will be at your own risk of loss from the time of delivery.
Damaged, Incorrect or Incomplete Orders (Physical Products)
- If your order arrives damaged, incorrect or incomplete, please contact Hichkas Online Store at [email protected]
- Damaged. If your ordered product(s) arrive damaged, photograph evidence will need to be attached to your email to Hichkas Online Store. Once Hichkas Online Store receives the photographs, Hichkas Online Store will issue you a return label via email. Once the damaged product(s) is shipped back to Hichkas Online Store, and Hichkas Online Store obtains possession of said product(s), Hichkas Online Store will provide you with replacement product(s).
- Incorrect. If your ordered product(s) arrive and the product(s) is/are not what you ordered; once you contact Hichkas Online Store notifying Hichkas Online Store that you received incorrect product(s), Hichkas Online Store will issue you a return label via email. Once the incorrect product is shipped back to Hichkas Online Store, and Hichkas Online Store obtains possession of said product(s), Hichkas Online Store will provide you with a replacement product.
- Worn or Washed. Hichkas Online Store will not provide return labels, nor be responsible, for any product that has been worn or washed.
- Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, your sole remedy will be either a replacement product or a refund, as determined by Hichkas Online Store or the relevant third party supplier as appropriate.
- Hichkas Online Store will not be liable to you for failures, defects or delays in delivery caused by:
- your provision of incorrect information;
- your computer failing to meet the minimum technical requirements for the Services;
- your failure to comply with instructions for use of the Services; or
- an event which is outside of Hichkas Online Store’s reasonable control.
International Orders; Import Duty
- Products ordered from this Webstore for delivery outside the United Kingdom may take up to eight (8) weeks from the ship date to arrive at the designated destinaiton.
- Products ordered from this Webstore for delivery outside the United Kingdom may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Further, you shall be responsible for any local pickup or specified delivery with your local postal service. Hichkas Online Store has no control over these charges and local requirements and cannot predict their amount. Please contact your local customs office and post office for further information before placing your order.
- You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. Hichkas Online Store will not be liable for any breach by you of any such laws.
Ticket and Event Pre-Sale Terms
- Hichkas Online Store may from time to time sell access to certain pre-sale opportunities for tickets and events. Such Pre-Sale Access may be bundled with merchandise and other offers.
- Access to obtain tickets before the general public (“Pre-Sale Access”) does not guarantee a ticket, but is an opportunity to obtain tickets as a part of a pre-sale offering.
- Pre-Sale Access is controlled by third party entities, and Hichkas Online Store and related parties have no control or liability in relation to such third party ticket offers.
- Pre-Sale Access to tickets will only be available online. No direct phone, e-mail, or mail orders will be accepted.
- Pre-Sale Access tickets are sold as outlined in the pre-sale announcement and access and ticket prices may vary. No changes can be made to the quantity or type of tickets available. Additional limitations may apply
- Hichkas Online Store does not guarantee Pre-Sale Access to any additional shows added after a pre-sale announcement
- Pre-Sale Access sales are final. There will be no refunds, exchanges, or name transfers for Pre-Sale Access. You should only purchase Pre-Sale Access for shows you are certain you can attend.
- You may not resell your Pre-Sale Access to another party. Reselling Pre-Sale Access can result in the revocation of the Pre-Sale Access itself, in addition to future ticket privileges.
- Hichkas Online Store may, in Hichkas Online Store’s sole discretion, terminate your password, account (or any part thereof, if any) or use of this Webstore without notice if (i) you are in breach of these Terms; or, (ii) if Hichkas Online Store believes in Hichkas Online Store’s absolute sole discretion, that your use of the Services, the Content or the Software, is unsuitable.
- Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which Hichkas Online Store may be entitled, at law or in equity.
- Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to Hichkas Online Store and Hichkas Online Store’s licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Webstore).
- Hichkas Online Store warrants to you that any goods purchased from Hichkas Online Store through this Webstore are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- In relation to Hichkas Online Store’s supply of products via this Webstore (including both digital and physical products) Hichkas Online Store’s liability for losses which you suffer is strictly limited to the purchase price paid by you. Hichkas Online Store is not responsible for indirect losses which are not foreseeable by you and Hichkas Online Store (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Hichkas Online Store shall not be liable for any damages of any kind arising from the use of the products, including but not limited to, a direct, indirect, incidental and/or consequential loss, including lost profits, goodwill or any other intangible loss, even if Hichkas Online Store has been advised of the possibility of such loss. If you are an individual consumer, this may not apply to you and instead Hichkas Online Store will be liable to you only for the direct and actual loss suffered by you and will not be liable for any indirect, incidental and/or consequential loss, even if Hichkas Online Store has been advised of the possibility of such loss.
- You agree to indemnify Hichkas Online Store, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, arising out of or related to your breach of these Terms, misuse of the products, or your violation of any applicable law, rule, regulation or third party right.
- This Section does not in any way limit or exclude Hichkas Online Store’s liability:
- for death or personal injury caused by Hichkas Online Store’s negligence;
- for fraud or fraudulent misrepresentation; or
- for any other matter for which it would be illegal for Hichkas Online Store to exclude, or attempt to exclude, Hichkas Online Store’s liability.
Transfer of Rights and Obligations
- The agreement between you and Hichkas Online Store created by these Terms (the “Agreement”) is binding on you and Hichkas Online Store and on Hichkas Online Store’s respective successors and assigns.
- You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of your rights or obligations arising under it, without Hichkas Online Store’s prior written consent.
- Hichkas Online Store may transfer, assign, charge or sub-contract the Contract, or any of Hichkas Online Store’s rights or obligations arising under it, at any time during the term of the Agreement, provided that Hichkas Online Store remains primarily liable for Hichkas Online Store’s obligations under the Agreement where applicable.
Events Outside Hichkas Online Store’s Control
Hichkas Online Store will not be liable or responsible for any failure to perform, or delay in performance of, any of Hichkas Online Store’s obligations that is caused by events outside Hichkas Online Store’s reasonable control. Hichkas Online Store’s performance under these Terms is deemed to be suspended for the period that any such event continues, and Hichkas Online Store will have an extension of time for performance for the duration of that period. Hichkas Online Store will use Hichkas Online Store’s reasonable efforts to find a solution by means of which Hichkas Online Store’s obligations may be performed despite such event.
Resolving Disputes Between You and Hichkas Online Store
Hichkas Online Store hopes Hichkas Online Store is able to help you with any queries or complaints you may have with the services and goods Hichkas Online Store provides. Email Hichkas Online Store at [email protected] with any issues.
- These Terms, together with any documents or links to other terms referred to herein, constitute the whole agreement between you and Hichkas Online Store and supersede and extinguish any prior understandings, agreements or terms between you and Hichkas Online Store.
- The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
- No breach by either you or Hichkas Online Store of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
- No failure or delay by either you or Hichkas Online Store in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or Hichkas Online Store of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
- These Terms shall be binding on and endure for the benefit of each party’s successors in title.
Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of the England you and Hichkas Online Store hereby irrevocably submit to the non-exclusive jurisdiction of the England as regards to any claim or matter arising in relation to these Terms.
- Please note, you must comply with all applicable laws and regulations of the country for which the products are destined. Hichkas Online Store will not be liable for any breach by you of any such laws.
- Applicable laws require that some of the information or communications Hichkas Online Store sends to you should be in writing. When using this Webstore, you accept that communication with Hichkas Online Store will be mainly electronic. Hichkas Online Store will contact you by email or provide you with information by posting notices on this Webstore. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Hichkas Online Store provides to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English.
- All legal notices given by you to Hichkas Online Store must be given to Hichkas Online Store at the address set out below or the following email address: [email protected] Hichkas Online Store may give notice to you at the email or postal address you provide to Hichkas Online Store when placing an order or registering with this Webstore, or by posting the notice on this Webstore. Notice will be deemed received immediately when posted on this Webstore, twenty four (24) hours after an email is sent or three (3) 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 email that the email was sent to the specified email address of the addressee.
- If you have any queries about these Terms, this Webstore or any of Hichkas Online Store’s Services please contact: [email protected]
- Hichkas Online Store’s notice address is: HICHKAS LTD, Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom