Hüga Purchase Agreement & Warranty
ONLINE PURCHASE AGREEMENT
This Online Purchase Agreement (“Agreement”) applies to the purchase and sale of physical products (“Products”) through hugaheat.com (the "Website"), operated by hüga heat LLC, a Maine limited liability company (“we” or “us”). This Agreement does not apply to gift cards sold through the Website.
BY PLACING AN ORDER FOR PRODUCTS FROM THE WEBSITE, YOU ACCEPT AND BIND YOURSELF TO THIS AGREEMENT. IF YOU PLACE AN ORDER FOR PRODUCTS FROM THE WEBSITE ON BEHALF OF A COMPANY OR OTHER BUSINESS OR ENTITY (ANY OF WHICH, AN “ORGANIZATION”, YOU ARE BINDING THAT ORGANIZATION TO THIS AGREEMENT AND WARRANT TO US THAT YOU HAVE THE AUTHORITY TO DO SO. THIS AGREEMENT’S REFERENCES TO “YOU” MEAN THE INDIVIDUAL CONSUMER AGREEING TO THIS AGREEMENT OR ORGANIZATION ON WHOSE BEHALF YOU AGREE.
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. IT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF (A) YOU DO NOT AGREE TO THIS AGREEMENT, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) APPLICABLE LAW PROHIBITS YOU FROM ACCESSING OR USING THIS WEBSITE OR MAKING A PURCHASE FROM US.
We may change this Agreement without prior notice at any time, in our sole discretion, by posting the latest version on the Website. By using the Website after a posted change in this Agreement, you accept and agree to the updated version.
Order Acceptance and Cancellation
You may place Product orders by using the Website page(s) that together allow you to select Products, place them in your cart and checkout (all such page(s) together, the “Order Form”). Your order is an offer to buy all Products in the “Order Summary” listing in your cart under this Agreement’s terms. We have not agreed to sell those Products and you have not agreed to buy them until we accept your order, and we may choose in our sole discretion not to accept any orders. After receiving your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at (207) 329-2387.
Prices and Payment Terms
Prices posted on the Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept those payment methods shown on our order page for all purchases. You represent and warrant that (i) payment information you supply to us is true, correct, and complete, (ii) you are authorized to use your payment method for the purchase, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Sales of Products on the Website are non-refundable once made, subject to the Limited Warranty in this Agreement.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the Products to you through a shipping service of our choice. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
WE WARRANT THAT DURING THE WARRANTY PERIOD (DEFINED BELOW), PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP WITH RESPECT TO THEIR COVERED COMPONENTS. “COVERED COMPONENTS” MEANS EACH PRODUCT’S CUSHION COVER, FOAM, HEATING ELEMENT AND ALL OTHER PRODUCT COMPONENTS OTHER THAN THE BATTERIES.
THIS LIMITED WARRANTY DOES NOT APPLY TO (1) NORMAL WEAR AND TEAR TO COVERED COMPONENTS THAT DO NOT MATERIALLY PREVENT THE PRODUCT FROM FUNCTIONING OR (2) BATTERIES OR INJURIES OR OTHER LOSSES THAT MAY RESULT FROM BATTERIES. ANY WARRANTY APPLICABLE TO A PRODUCT BATTERY IS ONLY THE WARRANTY THAT MAY BE OFFERED BY ITS MANUFACTURER, RAVPOWER. WE DO NOT PROVIDE REPAIR, REPLACEMENT OR OTHER SERVICES RELATING TO BATTERIES. PLEASE SEE WWW.RAVPOWER.COM FOR FURTHER INFORMATION.
THIS LIMITED WARRANTY ALSO DOES NOT APPLY TO ANY DAMAGES DUE TO TRANSPORTATION, STORAGE, IMPROPER USE, FAILURE TO FOLLOW THE PRODUCT INSTRUCTIONS OR TO PERFORM ANY PREVENTIVE MAINTENANCE, COMBINATION OR USE WITH ANY PRODUCTS, MATERIALS, PROCESSES, SYSTEMS OR OTHER MATTER NOT PROVIDED OR AUTHORIZED IN WRITING BY US, UNAUTHORIZED REPAIR OR MODIFICATION, NORMAL WEAR AND TEAR, OR EXTERNAL CAUSES SUCH AS ACCIDENTS, ABUSE, OR OTHER ACTIONS OR EVENTS BEYOND OUR REASONABLE CONTROL. USE BY YOU OR BY ANY THIRD PARTY OF A PRODUCT IN A MANNER INCONSISTENT WITH THIS AGREEMENT OR WITH THE INSTRUCTIONS WILL VOID THIS LIMITED WARRANTY.
THIS LIMITED WARRANTY APPLIES TO EACH PRODUCT’S ORIGINAL PURCASHER ONLY AND IS NOT TRANSFERABLE.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS AND FOR SERVICES IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS AGREEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE WARRANTY IN THIS AGREEMENT IS ENFORCEABLE TO THE FULLEST EXTENT OF APPLICABLE LAW.
What is the Period of Warranty Coverage?
The Warranty Period is one year from your purchase of a Product through the Website. It is not extended if we repair or replace a warranted Product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
With respect to any defective Products during the Warranty Period, we will, in our sole discretion either: (i) repair or replace such Products free of charge within a responsible period of time after your return of the Products to us or (ii) refund the purchase price of such Products. We will also pay for shipping and handling fees to return the repaired or replacement Product to you if we elect to repair or replace the defective Products.
How Do You Obtain Warranty Service?
To obtain warranty service, you must call (207)329-2387 or email our Customer Service Department at email@example.com during the Warranty Period to obtain a warranty claim number. No warranty service will be provided without a warranty claim number. You may then send the defective Product to us at your expense.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, RELATING TO A PRODUCT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You warrant that you are buying Products from the Website for your own personal or household use only if you are an individual, or for use by only your Organization and its customers if you are an Organization, and not in any case for resale or export. Products purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
Representations and Warranties
You represent and warrant to us that you will always use each Product in compliance with the hüga Instructions documentation available on the Website at www.hugaheat.com (“Instructions”). If you allow any person other than yourself to use Products (including your patrons and customers, if you are an Organization), you will ensure that that other person uses the Products in compliance with the Instructions. You also represent and warrant to us that if you are agreeing to this Agreement on behalf of an Organization, the Organization is duly organized, validly existing, and in good standing as a corporation or other entity under the laws of the jurisdiction of its incorporation or other organization; the Organization has the full right, power, and authority to enter into this Agreement; your agreement to this Agreement has been duly authorized by all necessary corporate or organizational action of the Organization; and when agreed to by you, this Agreement will constitute the legal, valid, and binding obligation of the Organization.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, the Covid-19 pandemic and other significant public health crises, acts of God, flood, fire, earthquake, explosion, governmental actions and orders, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
All matters arising out of or relating to this Agreement is governed by Maine law without giving effect to any choice or conflict of law provision or rule (of Maine or any other jurisdiction) that would cause the application of the laws of any jurisdiction other Maine.
Dispute Resolution and Binding Arbitration
YOU AND HÜGA HEAT LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE OR ANY OTHER USE OF THE WEBSITE BY YOU, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section titled “Dispute Resolution and Binding Arbitration.” (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HÜGA HEAT LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR USERS OF THE WEBSITE IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You may not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this “Assignment” section is null and void.
The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of hüga heat LLC.
No Third Party Beneficiaries
This Agreement confers no rights or remedies upon any person other than you.
Notices to You
We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
Notices to Us
To give us notice of a claim under this Agreement, you must contact us by personal delivery, overnight courier or registered or certified mail to our registered agent as published by the Maine Secretary of State. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.
This Agreement, including the Order Form and written content that may appear in the Website to qualify, waive or modify any portion of this Agreement, constitutes the final and integrated agreement between you and us on the matters contained in this Agreement. No other communications or understandings between you and us have effect.