Terms and Condition

Term and Condition

We welcome all of you to our website, the https://www.hobnnob.com

Please review the following Terms and Conditions carefully.

The brand name HOBnNOB is owned by Jay S Vraitch registered at 36 Chestnut Street, Hudson, MA 01749 in Boston, United States of America. Any use of HOBnNOB brand and all liabilities rest with owners of Management of HOBnNOB and adequate permission is required. The use of the HOBnNOB website constitutes your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”). The Terms and Conditions include an Arbitration Provision that describes how you and we agree to resolve disputes. HOBnNOB reserves the right to update or modify these Terms and Conditions at any time without prior notice.

CUSTOMER PERSONAL INFORMATION SUBMITTED ON THE WEBSITE

Your submission of personal information through the Website is governed by our Privacy Policy (see website footer of the screen). This Agreement incorporates by reference the terms and conditions of the Privacy Policy

NEW TO OUR WEBSITE- AVAIL 10% OFF

Enter your unique new customer code in your shopping bag to receive 10% off your first purchase online at our website. Discount is on pre-tax price and excludes items in the Sale section of our site. Not transferable. Offer valid only to a new marketing email opt-in. Only one promo code per person; not combinable with any other offers/discounts will be applicable. Shipping or tax charges will be applicable as per rule

ELIGIBILITY

You must be at least 13 years old to use the Website. If you are under age in your state of residence, your parent or legal guardian must agree to these Terms and Conditions on your behalf, and you may only access and use the Website with permission from your parent or legal guardian

LINKS TO OTHER SITES

HOBNNOB BULK PURCHASE POLICY

HOBnNOB’S Outlet Stores are intended for individual, non-commercial purchase and use only. Any bulk purchasing of merchandise in HobnNob’s Outlet Stores for resale purposes has to be authorized by us. “HOBnNOB” doesn’t ensure the quality of its products when sold by unauthorized sellers or through unauthorized channels. No other parties are authorized to sell our products, including but not limited to on any e-commerce platform such as eBay, Etsy, Amazon, or Walmart without our consent and approval.

For the avoidance of doubt, any use of “HOBnNOB” intellectual property in connection with resale is also prohibited. This includes use of the “HOBnNOB” name, trademarks, copyrights, or trade dress in a manner that implies a sponsorship or endorsement by HOBnNOB.

In certain circumstances (such as for trade, designer, or corporate use) HOBnNOB may make exceptions to this Bulk Purchase Policy. If you have large quantity ordering needs, please email us at contact@hobnnob.com or contact the Outlet Manager.

WARRANTY

We request customers to return the product in its original packaging along with the reason for return. Our customer support team will review the returned products and If the return reason is valid, our team will initiate refund within 5 business days from the date of receipt OR offer to customer replacement offer.

OWNERSHIP, INTELLECTUAL PROPERTY AND USE

Please be aware that as you can visit and navigate the “HOBnNOB” website, your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks, copyrights, text, images, video clips, graphics, logos, icons photographs and/or other intellectual property in such materials (collectively, “the Intellectual Property”). You may not use any of the HOBnNOB Intellectual Property without our prior written permission. Trademarks or trade dress include, but are not limited to, the “HOBnNOB” name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of HOBnNOB’s products, services, and programs. Any other trademarks that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

The products, prints, patterns, designs, text, graphics, logos, button icons, images, digital downloads, and data compilations appearing on the Website are owned, or licensed by “HOBnNOB” and are protected by US and foreign copyright laws. You may electronically copy and/or print "hard copies" from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, is strictly prohibited unless you first obtain our prior written consent.

If any party or user misappropriates or uses our Intellectual Property without the express written consent of HOBnNOB, we may pursue any and all injunctive, equitable, and monetary damages permitted under the law to protect and enforce its rights. All users of the website agree that if they use or misappropriate any of our Intellectual Property without our express written consent, “HOBnNOB” shall receive legal fees and costs for protecting and enforcing its rights.

PASSWORD & ACCOUNT

a) Provide “HOBnNOB” with accurate, complete, and up-to-date Account information.
b) As part of the registration process for the Account, you will select a password ("Password") and useridentification ("User ID"). You should not select or use a User ID of another person with the intent to impersonate that person.
c) Use a User ID that HOBnNOB, in its sole discretion does not find inappropriate or offensive.
d) Promptly notify “HOBnNOB” of any suspected unauthorised use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
e) You shall be bound by and responsible for, and “HOBnNOB” shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you. “HOBnNOB” shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use ofyour User ID and Password.

SUSPENSION AND TERMINATION OF ACCOUNT

You agree that “HOBnNOB” has the right in its sole and absolute discretion and without notice to:

Restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or terminate, deactivate or suspend, delete your Account and all related information and files in your Account, without assigning any reason; and without prejudice to the generality of the above, “HOBnNOB” reserves the right to deactivate your Account if it has been inactive for a period of one year or more, or if you are in breach of any term of this Agreement or if “HOBnNOB” believes that you have been using the Account for unlawful and/or undesirable activities. Terms for user SUBMISSION on website We love interacting with our customers and fans and want to know what you are thinking, what you like, and see how you are using our products. We welcome your remarks, suggestions, reviews, ideas, photos and videos and other information User Input Content (UIP). You give us UIP in a variety of ways,

including:

when you post or comment on the Website
post or comment on our social media pages;
specifically submit photos or other information through the “HOBnNOB” UIP portion of the Website;
respond to our requests for your permission to use photos or other information posted on social media channels.; or
when you specifically submit or provide permission to use photos or other information via written communication with one of our employees.

Your UIP is subject to this specific agreement about UIP and subject to our Terms & Conditions and Privacy Policy.

IT IS IMPORTANT TO REMEMBER THAT UIP SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR WEBSITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE (I.E. VIEWABLE) FOR A LONG TIME. Your information may be available publicly, and you have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary, or confidential information. Should you disclose information that is sensitive, proprietary, or confidential, you do so at your own risk and “HOBnNOB” is not responsible for any consequences of such disclosure.

OWNERSHIP

Can we use your UIP: Although, as explained above, you retain ownership of your UIP, by submitting, posting, or displaying UIP you give to “HOBnNOB” a perpetual, worldwide, non-exclusive, sublicensable, irrevocable, fully transferable right and license to use (including the right to copy, display, perform, publish, modify, adapt, and translate) such UIP in all forms and media. This means that our right to possess, use and display your UIP anywhere and through any means will never expire, that we will never owe you any money for it and that we may allow others to use or possess your UIP. If you remove your UIP from a Social Account and would prefer that “HOBnNOB” no longer use it on the website or otherwise, please contact us at unsubscribe@hobnnob.com, and we will work to address your request. We are not responsible for third-party websites and other companies and may not control their actions. Please review their respective policies and procedures.

Monitor Editorial Control: ”HOBnNOB” does not and cannot review all UIP, and we rely on you to make sure that your UIP is appropriate and applies with applicable laws. You agree that your UIP will not violate any right of any third party, including right of publicity, copyright, trademark, privacy rights (including children’s privacy rights) or other personal or proprietary right. You also agree that your UIP will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website. You may not use a false email address or other identifying information, pretend to be someone other than yourself, or otherwise mislead “HOBnNOB” or third parties as to the origin of any UIP. However, “HOBnNOB” does reserve the right, but does not have an obligation, to monitor and/or review UIP and to delete, revise, or otherwise modify your UIP in our discretion, subject to applicable law. We reserve the right to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of our Terms & Conditions, our policies or applicable law. We may also impose limits on certain features of our website or restrict your access to part or all of the features without notice or penalty if we believe you are in breach of the guidelines set forth in these Terms & Conditions or applicable law, or for any other reason without notice or liability.

Copyright Violations: If you believe that UIP that we use on the website or in other places infringes upon your copyright, you may request that the material be removed, or that access to it be blocked. Please see “Copyright Infringement” below.

YOUR RESPONSIBILITIES WHILE USING OUR WEBSITE

You are responsible for your use of the “HOBnNOB” website. Harassment in any manner or form on the website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a HOBnNOB or other licensed employee, host, or representative as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. 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 organization. You will comply with all applicable laws, treaties, regulations, and conventions in connection with your use of the website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which HOBnNOB controls and operates the Website and services associated therewith.

INACCURACIES on website

We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

WARRANTIES of online content:

HOBnNOB is providing the website and its contents on an "as is" basis and makes no warranties or representations of any kind with respect to such products or services, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose or non- infringement, which “hobnnob” hereby expressly disclaims. Hobnnob does not guarantee that your access to the website will be uninterupted or error-free, or that information or other content obtained through the website will be useful or that it will satisfy your requirements. HOBnNOB will not be liable for any delay, down time, or other failure of performance.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, HobnNob will have no liability for any:

(a) errors, mistakes or inaccuracies of content

(b) personal injury or property damage resulting from your access to or use of the HOBnNOB website

(d) any interruption of transmission to or from the website or any mobile applications

(e) any malware viruses, trojans and the like which may be transmitted on or through the website or mobile applications by a third party or

(f) any loss or damage arising out of, or relating to, the website or HOBnNOB’s products or any other performance under, or pursuant to, these terms and conditions (including liability for negligence) except for the gross negligence or wilful misconduct of HOBnNOB. To the fullest extent permitted by applicable law, in no event will HOBnNOB’s liability of any kind

(g) include any special, indirect, incidental or consequential losses or damages, even if HOBnNOB shall have been advised of the possibility of such potential loss or damage, or (b) exceed the price you paid for the product or service that is the basis for the claim.

SECURITY

You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the website or of the networks connected to the website, and to abide by all security policies adopted by HOBnNOB. You acknowledge and agree that, for security purposes, HOBnNOB may monitor your account and your access to and use of the Website. “HOBnNOB” may at any time terminate or suspend your access to the Website as “HOBnNOB” considers appropriate or necessary in its sole discretion for security reasons, because of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. “HOBnNOB” may also impose limits on certain features and functions of the Website or restrict your access to the Website without notice or liability.

INDEMNIFICATION

You agree to defend, indemnify, and hold “HOBnNOB” harmless from and against any and all claims, damages, costs, losses, and expenses (including, without limitation, attorneys' fees and legal costs) of any kind arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.

APPLICABLE LAW

By visiting our website, you agree that the laws of the State of Massachusetts, USA without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website. Any action relating to the use of the website or mobile applications must be brought in the state or federal courts located in the state of Massachusetts. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Under no circumstances will HOBnNOB be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms and Conditions including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

COPYRIGHT INFRINGEMENT

HOBnNOB respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us with the written information specified below:

* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

* A description of the copyrighted work that you claim has been infringed upon;

* A description where the material that you claim is infringing is located on the site;

* Your address, telephone number, and email address;

* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. In accordance with the Digital Millennium Copyright Act, please email us at contact@hobnnob.com please note that this procedure is exclusively for notifying HOBnNOB that you believe your copyrighted material has been infringed.

ARBITRATION PROVISION

YOU AND WE EXPRESSLY AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL AND TO PROCEED AS PART OF A CLASS ACTION OR CLASS ARBITRATION. We unconditionally consent and agree that: (1) in the event of any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website, our products or services, or any communications between us, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), you agree to binding arbitration by mutually agreed arbitration body (except for small claims as described below); (2) before you or we may initiate arbitration, you must provide a Notice of Dispute by U.S. Mail to 36, CHESTNUT ST HUDSON, MA-01749, USA, with your name, address, how to contact you, a brief description of the Dispute, and what you would like to resolve the matter. We will do the same if we have a Dispute with you.

This Notice of Dispute is a prerequisite to any arbitration; you and we must provide with any arbitration demand a copy of the Notice of Dispute and evidence of mailing; (3) you and we agree to attempt for 60 days from the date of mailing of the Notice of Dispute to resolve the Dispute informally; if we are not able to reach an informal resolution, either you or we may initiate binding arbitration administered by mutually agreed third party arbitration body in accordance with general arbitration rules, which will be the sole means to resolve any Dispute; (4) this arbitration agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (5) the arbitration shall be held in the county or your residence or, at your choice, by video or telephone or on a documents-only basis; (6) the arbitrator shall apply Massachusetts’ law consistent with the FAA and applicable statutes of limitations, without regard to any conflict of law provisions; (7) arbitration can decide only your and/or HobnNob’s individual claims, except that if you are a Massachusetts’ resident, the Court may award public injunctive relief; there shall be no authority for any claims to be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (8) except for a dispute determined by an arbitrator to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process above and/or has not included the Notice of Dispute and proof of mailing with the arbitration filing, we will promptly reimburse your filing fees; (9) notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; (10) you have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address:. The notice must be sent within 30 days of your first use of the website or notice of any material change to this Arbitration Provision, otherwise you will be bound to arbitrate disputes in accordance with the terms of those provisions.

If you opt out of those provisions, we also will not be bound by them; (11) this Arbitration Provision survives the end of any relationship between you and HobnNob, including after you request deletion, opt-out of marketing communications, or otherwise end your participation in any program or service provided by HOBnNOB; and (12) with the exception of subpart (7) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of general arbitration process, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (7) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor “HOBnNOB” shall be entitled to arbitrate their Dispute.

FORCE MAJEURE

No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (below) provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates. For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.