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TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law and regulations. If you do not agree to these terms and conditions, please do not use this site.  HIC Operating Company LLC ( “HICKIES”) may at any time amend and change these terms and conditions by updating this posting. By using this site, you agree to be bound by such terms and conditions and to any such amendments and changes.

Trademarks / Patents / Intellectual Property

All trademarks, service marks and trade names of HIC Operating Company and its affiliates used in the site (including but not limited to the HICKIES name, the HICKIES logo and the DOOHICKIES name) are trademarks of HIC IPCO LLC. They may not be used without the prior written permission HIC IPCO LLC. All HICKIES products are covered by one or more patents or patents pending.   Any other intellectual property in the site, including but not limited to patents, issued or pending, are the sole and property of HIC IPCO LLC and/or its licensees.

Copyright

The entire content included in this site, including, but not limited to, text, graphics or code, but specifically excluding all legal content, is copyrighted as a collective work under the United States and other copyright laws, and is the property of HIC IPCO LLC. Copyright 2021 HIC IPCO LLC ALL RIGHTS RESERVED.

Purchases

All orders placed through the site are subject to HICKIES’ acceptance, which shall be at its sole discretion. Without limitation, this means that HICKIES may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or for no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, HICKIES shall issue a full credit to your credit card account.

Warranty Disclaimer

This site and the materials and products on this site are provided   “AS IS”  and without any   representations or warranties of any kind or nature whatsoever, whether express or implied. To the fullest extent permissible pursuant to applicable law, HICKIES disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HICKIES does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HICKIES does not make any representations or warranties regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you or may be limited by the laws and regulations of such states.

Use of Information

You agree that HICKIES is free to use any comments, information, photos, videos or ideas contained in any communication you may send to HICKIES or submit to the site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the site or other products or services. By using this site, you shall be deemed to expressly consent to such use by HICKIES.

Participation Disclaimer/Use Restrictions

HICKIES does not and cannot review all communications and materials posted to or created by users accessing the site, and therefore HICKIES is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HICKIES is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities on the site or in any way responsible for such user generated content or activities. You may not post or otherwise distribute content to the site which HICKIES in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of HICKIES or another party, illegal, or otherwise objectionable to HICKIES. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. HICKIES has the right to remove any such content that is in violation of these terms and conditions. 

Any communication or material you transmit to the site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by HICKIES or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, HICKIES is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without any compensation, remuneration or payment owing to you.

 Third Party Sites

In an attempt to provide increased value to our visitors, HICKIES may link to sites operated by third parties. However, even if the third party is affiliated with HICKIES, HICKIES has no control over these linked sites, all of which have separate terms and conditions and privacy and data collection practices, independent of HICKIES. These linked sites are only for your convenience and therefore you access them at your own risk.

Limitation of Liability

HICKIES shall not be liable for any special, exemplary, punitive, incidental, indirect or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products purchased through the site, even if HICKIES has been advised of the possibility of such damages. Applicable law may not allow or limits the limitation of exclusion of liability for such damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless HICKIES and its affiliates, and their respective  officers, directors, employees, agents, licensors and suppliers from and against any and all losses, judgements, fines, penalties,  expenses, damages and costs, including, without limitation reasonable attorneys' fees and costs, incurred by any of them resulting from  or relating to any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the State of New York, U.S.A., without regard to any choice of law or conflicts of law provisions or principles which could result in the application of the laws of another jurisdiction, and to the extent applicable the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited by law, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this site (including, but not limited to, the purchase of HICKIES products) and these terms and conditions shall be resolved individually, without resort to, or participation in,  any form of class action (or similar proceeding), and exclusively in the state and federal courts located in New York County, New York. By using the site, you shall be expressly agreeing to the exclusive personal jurisdiction of such courts.

Any cause of action or claim you may have with respect to the site (including, but not limited to, the purchase of HICKIES products) must be commenced within one (1) year after the claim or cause of action first arises. By using the site, you agree to receive electronic communications from HICKIES. You agree that any notice, agreement, disclosure or other communication that HICKIES sends you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

HICKIES’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of or amendment to any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HICKIES may assign its rights and duties under this Agreement to any party at any time without notice to you.

Term and Termination

These terms and conditions are applicable to you upon your accessing the site. HICKIES reserves the right in its sole discretion to terminate or restrict your use of the site, without notice, for any or for no reason, and without any liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by HICKIES without notice at any time, for any reason. The provisions relating to Trademarks/Patents/Intellectual Property, Copyright, Warranty Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any such termination and remain in effect.

Privacy Policy

HICKIES is committed to respecting the privacy and security of your personal information. The following online privacy policy describes the information practices followed by HICKIES with respect to its public website, including the type of information that we gather, the way we use information internally and our policy regarding sharing information with others. This policy does not apply to the practices of companies that HICKIES does not own or control, or to people that HICKIES does not employ or manage. Note that the federal government and technology industry have developed practical tips to help you guard against Internet fraud, secure your computer and protect your personal information.

What information do we collect?

Like many websites, we gather information about how visitors use our website. In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track your Internet domain address for trends and statistics, but you will remain anonymous unless you tell us who you are.

We collect information from you when you:

  • Register on our site
  • Download our application
  • Place an order
  • Subscribe to our newsletter
  • Respond to a survey or fill out a form 

When ordering or registering on our site, as appropriate, you may be asked to enter your:

  • Name
  • E-mail address
  • Mailing address
  • Phone number and/or
  • Credit card information, when necessary

In order to better understand your preferences and better serve you, we may combine information you give us online with other information from our sources, transactions and communications. This may include data from our stores, direct mail, events, or online marketing. We may also combine that information with data that is publicly available and data that we receive from other reputable sources. This data may include postal address updates and demographic data. We collect information about gift recipients to fulfill the gift purchase, respond to customer service inquiries and for analysis purposes only. All data combined and stored with online data is protected by this privacy policy.

What do we use your information for?

Any of the information we collect from you may be used by HICKIES or its affiliates in one of the following ways:

  • To personalize your experience (your information helps us to better respond to your individual needs)
  • To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
  • To improve customer service (your information helps us to respond to your customer service requests and support needs more effectively)
  • To process transactions
  • To administer a contest, promotion, survey or other site feature
  • To send periodic emails

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. The email address you provide for order processing, will only be used to send you information and updates pertaining to your order, unless you opt in to our mailing list. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc.

Unsubscribing

We want to communicate with you only if you want to hear from us. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. Please note, if you have unsubscribed from any HICKIES communications, due to production schedules, you may receive communications already in production. Also, if you request your registration information be deleted or if you unsubscribe from communications, we may maintain information about sales transactions or service inquiries for future service and record keeping purposes.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via secure technology and then encrypted into our payment gateway provider’s database to be accessible only by those authorized with special access rights to such systems and who are required to keep the information confidential. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure.  After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers. 

Do we use cookies and pixel tags?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to:

  • Help us remember and process the items in your shopping cart
  • Understand and save your preferences for future visits
  • Keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.

We also may use pixel tags - tiny graphic images - to help us analyze your online behavior. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us.

We also may work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect non-personally identifiable information about your visits to our website and your interaction with our communications, including advertising.

Do we disclose any information to outside parties? 

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with applicable laws or regulations, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. We urge you to carefully review of policies of such sites

California Online Privacy Protection Act Compliance

Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging in and editing their information. 

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), and we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Your Consent

By using our site, you are consenting to our privacy policy and to be bound by and comply with all of the terms and conditions.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below. This policy was last modified on September, 2021.

Shipping

  • Please include your phone number and any applicable apartment number so that our carrier will be able to deliver your purchases.
  • All orders placed to PO Boxes or APO/FPO's will arrive via USPS, and cannot be expedited.

U.S. Charges and Timing

  • Shipping rates are calculated based on the items in your cart and the shipping method selected.
  • Any ground shipment to a U.S. address will take 5-7 business days.
  • Sales tax will apply when shipping to a state that requires us to collect sales tax and California addresses.
  • All in-stock items shipping to a U.S. address will ship within 1 business day, regardless of shipping method; however, any orders that are placed after 3:00pm EST will be processed the following business day. 

International Charges and Timing

  • Shipping rates are calculated based on the items in your cart and the shipping method selected.
  • International ground shipment will take 15-20 business days.
  • Payment of any VAT, country taxes or other taxes charged to shipments to non-United States addresses will be the responsibility of the purchaser/receiving party.

Thirty Day Unconditional Guaranty 

HICKIES guarantees all merchandise sold through www.HICKIES.com. If, for any reason, you are not completely satisfied with your purchase, you may return your item(s) within thirty (30) days of receipt for replacement or refund.  You are responsible for the cost of shipping unwanted products back to us.  Refunds will be processed upon HICKIES’ receipt of the returned merchandise, and any such refunds will not include shipping costs from the original purchase.

Items must be returned in the original HICKIES case if you are requesting replacement or refund for unused merchandise.  HICKIES is not responsible for lost return shipments.  Include the original packing slip and write your reason for return on the packing slip when returning a purchase.

Returns should be sent to:

HIC OPERATING Company, LLC
1923 McDonald Ave, Suite 603, Brooklyn, NY, 11223

Six Month Guaranty Against Breakage 

HICKIES warranties its products against breakage for six months from the date of receipt.