Terms and Conditions
Effective as of July 10, 2018
WHEN YOU REGISTER FOR AN ACCOUNT OR PURCHASE A PRODUCT FROM THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE WEBSITE TERMS. IF YOU DO NOT AGREE TO THE WEBSITE TERMS OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE WEBSITE TERMS, YOU SHOULD STOP USING THE WEBSITE, TERMINATE YOUR ACCOUNT AND DISCONTINUE PURCHASING PRODUCTS FROM THE WEBSITE.
Your access to the Website, the use of your Account and the right to purchase Products from us is subject to your continued compliance with the Website Terms and all applicable laws. Your right to access the Website and purchase Products will terminate immediately, without any further action by Hatch, if you breach the Website Terms.
We reserve the right to modify or update these Customer Terms & Conditions at any time for any reason, with or without prior notice to you, and any such changes to these Customer Terms & Conditions will supersede and replace any previous Customer Terms & Conditions effective immediately upon posting to this page. It is your responsibility to periodically review these Customer Terms & Conditions as posted here for any changes. Your continued use of the Website after the posting of changes to these Customer Terms & Conditions will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Customer Terms & Conditions.
Registration for an Account
Eligibility to Purchase Products
In order to make purchases on the Website, you must be 18 years of age or older (depending on the applicable laws of the jurisdiction in which you live), be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the state or other jurisdiction in which you live.
In order to make purchases on the Website if you are not a Registered User, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided. In order to make purchases on the Website you will also need to have been issued a valid credit/debit card by a bank acceptable to Hatch, and have authorized Hatch to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Product(s) that you purchase. Products purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, Hatch reserves the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address.
By making an offer to purchase Products, you expressly authorize Hatch to perform credit checks and, where deemed necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency which may keep a record of that information.
When placing an order, you must follow the instructions on the Website as to how to place your order and for making changes to your order before you submit it to us through the Website. All orders are subject to acceptance and availability and any Products in ‘Shopping Bag’ are not reserved and may be purchased by other customers until your order is complete and accepted by us.
Hatch offers Products for sale that are in stock and available for shipping. Occasionally however, we may be waiting for shipment from our suppliers. Hatch may, in its sole discretion, offer you, from time to time, the opportunity to either (i) place in advance a “pre-order” for such Products which may ensure that you receive the item on a priority basis once the Products have been delivered to Hatch and/or (ii) to register your e-mail address for notification of the arrival of the selected Products not in stock. Your rights regarding pre-orders are the same as those for any other purchase from Hatch.
When you submit an order to us through the Website, you agree that you do so expressly subject to the Customer Terms & Conditions current at the date you submit your order. You are responsible for reviewing the latest Customer Terms & Conditions each time you submit an order.
Acceptance of Your Order
Once you place an order, you will receive an e-mail acknowledging the details of your order. We will not be obligated to supply a Product to you until we have accepted your order for such Product by e-mail in a form called a “Order Confirmation” stating that we are accepting your order. An e-mail, letter, fax or other acknowledgement of your order by us is purely for information purposes and does not constitute our acceptance of your order. When we send you an acknowledgement, we may give you an order reference number and details of the Product(s) you have ordered.
We may, in our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the Product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Customer Terms & Conditions. From time to time, we may offer you an alternative Product, in which case we will require you to re-submit your order. We will not be liable to you or any third-party by reason of our withdrawing any Product(s) from the Website, whether or not the Product(s) have been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If you have cancelled your order before we have accepted it, or if we cancel your order at any time for any reason, then we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Product(s).
If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by e-mail to email@example.com.
Prices shown on the Website are in US Dollars and are exclusive of taxes and delivery charges. Once you select a Product that you wish to order and place it in ‘Shopping Bag,’ you may see all charges you must pay, including taxes, if applicable, and any delivery charges, on the Review page by clicking “checkout” in ‘Shopping Bag’.
All prices and offers remain valid as advertised from time to time, except in cases of patent error as set forth below. If the price for a Product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price. While every effort is made to ensure that details on the Website are accurate, we may from time to time discover an error in the pricing of Products. If we discover an error in the pricing of a Product in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will e-mail or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you or your credit/debit card company have already paid for the Product(s), we will refund the full amount as soon as reasonably practicable. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us.
If you are a customer whose credit/debit card is not denominated in US Dollars, your final price will be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.
Payment for Products can be made by Visa, MasterCard, American Express or Discover Card and any other methods which may be provided for on the Website from time to time. You can also choose to pay with PayPal. When selecting the PayPal option at checkout, you will be redirected to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once your payment is complete, you will then return to the Website. Payment will be debited and cleared from your account in full at the time you place your order, including with respect to any pre-order. You confirm that the credit/debit card or PayPal account that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card or PayPal account to use it and that there are sufficient funds or credit facilities to cover the cost of the Product(s) ordered.
We take reasonable care, in so far as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Website.
Hatch is responsible for each purchase that you make during the time it is in transit until it is delivered to your specified delivery address. Our goal is to deliver the Product(s) to you at the place of delivery requested by you in your order. Please note that it may not be possible for us to deliver to some locations. Should this be the case, we will inform you using your contact details and arrange for cancellation of the order or an alternative delivery address.
Delivery of any Product costing in excess of US $2,500 will require a signature acknowledging receipt to be delivered. Such Products cannot be left at places of delivery stipulated in your order if you, or someone you have authorized to accept delivery, is not present to accept delivery. Anyone at the delivery address who is 18 years of age or older will be deemed to be authorized to accept delivery on your behalf. Once a Product is delivered to you, or if a signature is required, delivery is signed for by you or by someone at the delivery address, responsibility for your purchased Product(s) passes to you.
Our goal is to ship all purchased Products within five business days of the date on which you place your order or if you have chosen to have a Product monogramed or personalized within two business days of the date that the monograming or personalization of the Product is completed or such other timeframe as may be indicated on the Website. If a Product in your order is backordered or being monogramed or personalized, your order may be processed with multiple shipments. Although it is our intention to deliver Product(s) in accordance with any confirmed delivery date we have given to you for any order which we accept, we cannot guarantee any firm delivery dates. We will endeavor to notify you if we anticipate that we will be unable to meet a confirmed delivery date, but in no event will we be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
We may offer you an option for two day delivery of your order. However, if two day delivery is available through the Website, we only offer such delivery for orders placed (and for which we have received full payment) before 11:00 A.M. (EST). Two day delivery may not be available for orders placed on, or that you want to be delivered on, Saturdays, Sundays or holidays. Finally, the availability of two day delivery will always be subject to availability of stock, subject to a surcharge and be dependent on where the delivery location is. Two day delivery does not apply to pre-order, backorder, or monogrammed/personalized items.
Upon delivery of an order, you agree to inspect the Product(s) for the correct quantities and any obvious faults, defects or damage.
With respect to Products that cannot be delivered without a signature, if delivery is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your order on the designated delivery date, if you refuse to sign for the delivery of the Product(s) on delivery or if you do not (within two weeks of our first attempt to deliver the Product(s) to you) accept delivery or collect the Product(s) from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (x) charge you for our reasonable storage fee(s) and other costs reasonably incurred by us, including redelivery costs; and/or (y) no longer make the Product(s) available for delivery or collection and notify you that we are immediately cancelling your order, in which case we will refund to you or your credit/debit card company, as applicable, any money already paid to us, less our reasonable administration charges, including the amount charged for attempting to deliver and then returning the Product(s).
If you have chosen to return a Product eligible for return you are responsible for following our return policy and retuning the Product to us as soon as reasonably practicable, but in no event later than 30 days from the order date. We will not accept any returns after 30 days. Products eligible for return must be returned unused, with tags attached in their original packaging.
We do not accept returns of intimate apparel, any personalized or custom-made products, final sale merchandise, or a Product that is specified as non-returnable in its description, unless they are faulty. Any exceptions to this policy will be listed under product details on the product page. In addition, returns are not allowed on any Products you may have purchased at a HATCH pop-up shop.
To return a Product go to https://www.hatchcollection.com/pages/faq#u-s-exchanges-returns, and enter the email address that you used to make your purchase. Follow the instructions to start your return and at the end of this process you will be able to print a pre-paid shipping label. Affix the UPS label to your package and bring it to a UPS drop-off location.
Returning Products is always at your risk. If you return any Product for any reason, you must ensure that it is adequately packaged and insured. We will not accept any responsibility for damage caused by inadequate packaging by you or if the Product is damaged or lost while being returned to us
If you return a Product to us in accordance with the Hatch return policy within 30 days of the order date, you will receive a refund which will be credited to the original payment method. Refunds will be in the amount of the Product price plus taxes, if applicable, less a $10 restocking fee for each Product returned but will not include the original shipping cost. We will process the refund due to you as soon as reasonably practicable after the Product(s) have been returned to us and, in any case, within 5 business days of our receipt of the returned Product(s). Please note that refunds can take up to ten working days to appear in your account due to varying processing times between payment providers.
We will keep a record of your order and these Customer Terms & Conditions for a period of one year after we have accepted your order. However, for your future reference we recommend that you print and keep a copy of these Customer Terms & Conditions, your order and the Confirmation of Order.
We offer a flexible return policy to make your on-line shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if Products are returned repeatedly.
Products are faulty if they are received damaged or where a manufacturing fault occurs within 30 days of order. Products that are damaged as a result of normal wear and tear are not considered faulty. If you return a damaged or faulty Product we will refund the initial shipping charges paid by you in addition to the amount of the Product price and taxes, if applicable. To return a faulty or damaged Product, please follow the instructions above under “Returns.”
Governing Law and Jurisdiction
These Customer Terms & Conditions and any dispute that may arise between you and Hatch will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). DISPUTES ARISING FROM THESE CUSTOMER TERMS & CONDITIONS AND YOUR USE OF THE WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
Binding Arbitration and Class Action Waiver -
In the event of any dispute between you and us regarding these Customer Terms & Conditions and/or any Products or services purchased from the Website, you and Hatch agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to firstname.lastname@example.org. We will send any notice of dispute to you at the contact information we have for you. You and Hatch will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Customer Terms & Conditions.There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgmentin any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to email@example.com. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
You agree to arbitrate with Hatch only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Customer Terms & Conditions, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York County, New York.