A hard copy of these Terms and Conditions of Use is available to you by printing these Terms and Conditions of Use directly from the Website, by downloading the Terms and Conditions of Use from the Website to a disk and then printing them or by contacting us to request a copy of the Terms and Conditions of Use by mail.
I. Terms and Conditions of Website Use (Last Revised 03/22/2010)
The materials and content on the Website, including text, graphics, logos, button icons, images, audio or video clips, data compilations and software, as well as their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions and are the property of Hotter USA, its affiliates or suppliers. Any unauthorized use of the materials or content available on the Website may violate such laws. Hotter USA does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. You may print, download and store copies of material on the Website for your own personal, non-commercial use. You may not charge anyone for use of the material and you may not publish or otherwise distribute the material to others. You may not modify the material in any way without the prior written consent of Hotter USA or the copyright owner.
HOTTER®, HOTTER COMFORT CONCEPT®, the HOTTER COMFORT CONCEPT™ and certain other names or logos displayed on the Website are trademarks, service marks or trade dress owned or licensed by Hotter USA, and all related products and service names, design marks and slogans are the service marks or trademarks of Hotter USA or its licensors, or of the suppliers of the products or services identified. GORE-TEX®, GUARANTEED TO KEEP YOU DRY® and GORE-TEX GUARANTEED TO KEEP YOU DRY and design® are trademarks of W. L. Gore & Associates, Inc. The foregoing intellectual property is protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the "look" and "feel" of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
All information, ideas, suggestions or other communications you transmit to Hotter USA concerning the products or materials on the Website, or other products or materials, shall be on a non-confidential basis and shall become the property of Hotter USA. Hotter USA and its affiliates shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.
Hotter USA enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning intellectual property rights in materials on the Website, you may write to USA Customer Services, Hotter Comfort Concept, 2 Peel Road, West Pimbo, Skelmersdale WN8 9PT, United Kingdom or email us at [email protected]
A. you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law; B. you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that:
C. you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name; D. you will represent yourself accurately and truthfully at all times; E. you grant Hotter USA the right to verify independently by any lawful means any information that you transmit to Hotter USA through the Website, including, but not limited to, information about yourself; F. you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; and G. you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof, without Hotter USA's prior written consent.
You agree to indemnify, defend and hold harmless Hotter USA, and all its officers, directors, members, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or any use of your user name and password, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Hotter USA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hotter USA.
When you communicate with Hotter USA through the Website or send us emails you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The material contained on the Website has been checked for accuracy; however, all material is provided without express or implied warranties and Hotter USA does not warrant that product descriptions or other content on the site are accurate, complete, reliable, current or error free or assume responsibility for any errors or omissions in the material.
If you believe that any material on the Website infringes a copyright that you own or are authorized to represent, please provide Hotter USA with a written notice (e-mail is sufficient) that includes the following information: (a) electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) 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; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The above notice should be provided to Hotter USA's copyright agent for notice of claims of copyright infringement on the Website, at [email protected]
You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, "flooding", "mailbombing" or "crashing" the Website; or (d) sending unsolicited e-mail (other than email to us regarding the Website or the goods sold through the Website) promoting and/or advertising products or services (all of the foregoing, the "Security Rules"). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. Hotter USA will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such violations or attempted violations.
Except as otherwise expressly provided in these terms and conditions of use, the website and its content are provided on an 'as is' basis without any warranties of any kind, express or implied. Hotter usa, its affiliates, parents and subsidiaries, to the fullest extent permitted by law, disclaim all warranties, whether express or implied, including the warranties of merchantability, title, non-infringement of third parties' rights, fitness for particular purpose, quality, accuracy, quiet enjoyment or website availability. Without limiting the foregoing, hotter usa makes no warranty that the services offered on the website will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that are not permitted to be excluded are limited to ninety (90) days or such longer period as applicable law requires.
Website content may contain inaccuracies or typographical errors, including, but not limited to, errors concerning pricing, and Hotter USA shall not be bound thereby. Hotter USA makes no representations or warranties regarding the accuracy, reliability, completeness or timeliness of the website or its content. By using the website, you agree to these terms and conditions of use, and you agree to use the website at your own risk. Hotter USA may change the website at any time and reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website.
Hotter USA does not warrant that the website will operate error-free or that the website and its servers are free of computer viruses, worms, trojan horses or other harmful mechanisms. If your use of the website or the contents results in the need for servicing or replacing equipment or data, Hotter USA is not responsible for those costs. You assume all responsibility and risk for your use of this website and the internet generally.
In no event shall Hotter USA be liable to you or any third party for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, or business interruption) resulting from the use of or access to, or the inability to use or access, the website, its content and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not Hotter USA has been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation or liability for consequential or incidental damages, the limitations set forth in the above paragraph may not apply to you. If the limitations set forth above are held inapplicable or unenforceable for any reason, then Hotter USA's maximum liability to you for any type of damages shall be limited to the greater of (a) $100.00 or (b) the dollar amount of purchases you made through the website during the twelve months prior to the date the claim arose, or such larger amount as applicable law requires.
By visiting the Website you agree that the laws of the State of New York, without regard to principles of conflict of laws, and any applicable United States federal law, will govern your use of the Website, the interpretation of the Terms and Conditions of Use and any dispute of any sort relating to your use of, or purchases through, the Website that might arise between you and Hotter USA. Hotter USA makes no representation that the content, materials, services or information available on the Website are appropriate for access outside of the United States and accessing them from jurisdictions where they, or any of them, are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with local laws.
Any dispute arising out of or relating in any way to your visits to the Website or to products or services you purchase through the Website shall be submitted to confidential arbitration before a single arbitrator in the County and State of New York, except that, to the extent you have in any manner violated or threatened to violate Hotter USA's intellectual property rights, Hotter USA may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction in the County and State of New York and you consent to jurisdiction over you by and exclusive venue in such a court. Arbitration under this agreement shall be administered by JAMS under the then prevailing JAMS Streamlined Arbitration Rules and Procedures. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitrator's award shall be given preclusive or collateral estoppel effect in subsequent arbitration proceedings pursuant to this provision or other similar provisions. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. The parties further agree that neither shall commence any litigation against the other arising out of this Agreement or the termination thereof as to any matter not subject to arbitration or with respect to any arbitration proceeding or award, except in a state or federal court of competent jurisdiction located in the County and State of New York. You consent to jurisdiction over you by and exclusive venue in such a court.
Hotter USA reserves the right to change the Terms and Conditions of Use from time to time in its sole discretion. Your use of the Website will be subject to the most current version of the Terms and Conditions of Use posted on the Website at the time of such use. If Hotter USA changes these Terms and Conditions of Use, we will post an updated policy on the website. You can tell if the policy has changed by checking the last revision date that appears. If you have not read the Terms and Conditions since the date of the last change, please read the revised Terms and Conditions, as they will govern your use of the Website. Your continued use of this site after we post such notice will constitute your acceptance of the new Terms and Conditions.
If you have any complaints, questions or comments about these Terms and Conditions of Use, the Website and/or the Content, or wish to contact us for any other reason, our contact information is as follows: Mail Address:
USA Customer Services, Hotter Comfort Concept, 2 Peel Road, West Pimbo, Skelmersdale WN8 9PT, United Kingdom
By placing an order with Hotter USA, you agree that the Terms and Conditions in this Section II. of the Terms and Conditions of Website Use, as well as all applicable terms in Section I, apply to all aspects of your order. These Terms and Conditions are subject to change at any time without notice, however, the Terms and Conditions in effect when you place your order will govern that order. Later changes will apply to subsequent orders.
Please contact us before placing an order if you have any questions about these Terms and Conditions.
When you submit an order using our website, Hotter USA will follow this procedure:
You warrant that you are authorized to use the credit or debit card or PayPal account you are using to order from us and you have sufficient credit availability or funds. We will refer any fraudulent use of credit or debit cards or PayPal to the relevant authorities for investigation and prosecution. You also warrant that all information provided in connection with placing your order is true and correct and that the goods you order are retail purchases and not for commercial resale.
If there are any changes to the information you supply concerning your order, including, but not limited to, your name or address, it is your responsibility to let us know as soon as possible to avoid misdirected orders.
Please note: Unfortunately, due to restrictions around transporting potentially hazardous materials by air carrier, we are unable to deliver aerosol or pump spray shoe care products outside of mainland Britain – this includes the Isle of Man, Isle of Wight and the Channel Islands.
We do not authorise the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy.
Shipping charges depend on the country the goods are to be despatched to at the time you place your order. They are calculated at the time of checkout and added to the merchandise total. Shipping charges are non-refundable in the event of return of the merchandise.
We accept the following credit or debit cards: Visa, Mastercard, American Express. We also accept payment by PayPal for online orders. All credit or debit card payments and payment by PayPal are subject to validation checks and authorization by provider. If the issuer refuses to authorise payment to us we will not be liable for any delay or non-delivery.
Prices shown on our website include any applicable state or local sales tax at the prevailing rate, which we collect and remit on your behalf. The amount you pay will be the price indicated plus any shipping charges.
For US customers ordering goods for shipping to the US, we cover customs and import duties on an order value of up to $800. If the value of your order is more than $800 you will be responsible for any customs and import duties payable.
In the (hopefully, unlikely) event that you do incur US import duties or fees for orders of less than $800, you must meet any charges for customs clearance. Please provide us with proof of payment and the customs paperwork to show that the charges relate to your purchase, and we will gladly reimburse you.
Orders to the US over $800 might be subject to customs clearance which may cause a delay to your shipping.
If you are ordering goods for shipping outside of the US, your order may be subject to customs, import duties and taxes. Hotter has no control over these charges and we can't tell you what the cost would be as these vary widely from country to country. Please contact your local customs or tax offices for more information on the current charges.
You may cancel your order at any time up to the point when we begin to prepare your order for shipment. You may request cancellation by calling Toll Free on 1 866 378 7811 or by emailing us at [email protected]. To cancel, please provide us with your name and address, your order identity number from your confirmation email and the products ordered. Where we notify you that items are backordered or will be delayed in delivery, your cancellation rights will be specified in our communications to you. Please note: If you cancel an item that qualified you for a promotion or special discount, you may no longer receive that discount or promotion. This may result in goods which have already been shipped being charged at the price that would have applied if you had not initially ordered the cancelled item.
If for any reason you are not completely satisfied with your purchase and would like a refund, you may return your item(s) to us within 60 days of receipt. Items must be unworn and returned in the original condition and packaging, along with your returns form.
To obtain a refund simply send your item(s) back via the return invoice inside your order. Once we've received your returned items, we'll refund your money minus $7 to cover return postage.
We make every effort to reproduce colors on the Website as accurately as possible, however, color displays can be different depending on your computer settings. Accordingly, exact color matches are not always possible and the color of the product you receive may differ from the color you saw on the screen. If you are not satisfied with the color of any product you may return it in accordance with our return procedures noted above.
The prices and other product information contained on the Website has been checked for accuracy; however, Hotter USA does not warrant that prices, product descriptions or other content on the Website is accurate, complete, reliable, current or error free, or assume responsibility for any errors or omissions. All prices on the Website are subject to change without notice. Although we make every effort to provide you the most accurate, up-to-date information, occasionally, one or more items on the Website may be mis-priced. If a product is listed at an incorrect price due to typographical, photographic, or technical error, or error in pricing information received from our suppliers, Hotter USA shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.
From August 2016, we no longer sell Hotter gift vouchers. Any gift vouchers purchased before this time can be redeemed in store or through the Mail Order service for up to two years from the issue date on the voucher.
Promotional offers must be quoted at the time of placing the order and cannot be applied retrospectively or used in conjunction with any other offer unless this has been specified separately. Only one offer per transaction can be used. Shoe care products, discounted products (including sale/clearance/last chance items) are excluded from promotional offers.
We reserve the right to cancel and/or amend promotional offers at any time. Offers cannot be exchanged for cash or used as a method of paying any outstanding customer debt.
Offers are not redeemable at any independent retail stores.
Additional terms and conditions may be applied to promotions, details of which will be included in the offer correspondence.
When returning goods or amending an order on which you have received a promotional offer, please be aware that if your return or amendment means your revised order will fall below the original offer threshold we will adjust your refund or payment due accordingly to reflect the value of your revised order.
Free US Shipping - To be eligible for Free US Delivery your basket must be over the value of $100, this is after any promotional codes, discounts or multi-buy offers have been applied. Free returns promotions - Free returns applies within the US only, and to items returned via our pre-paid services
Footwear using GORE-TEX® membranes is 100% durably waterproof, breathable and designed to keep your feet dry and comfortable at all times. The pores in the membrane are small enough to stop any water getting into your shoes, but are large enough to let moisture escape. This technology provides the ideal climate comfort in the shoe during all kinds of outdoor activities, even in adverse weather conditions.
Except as otherwise expressly provided in these terms and conditions of purchases and sales, and subject to applicable law, all goods are sold on an 'as is' basis without any warranties of any kind, express or implied. Hotter USA, its affiliates, parents and subsidiaries, to the fullest extent permitted by law, disclaim all warranties, whether express or implied, including the warranties of merchantability, fitness for particular purpose, quality or that the goods will meet your requirements. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that are not permitted to be excluded are limited to ninety (90) days or such longer period as applicable law requires.
In no event shall Hotter USA be liable to you or any third party for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, or business interruption) resulting from any goods, whether based on warranty, contract, tort, or any other legal theory, and whether or not Hotter USA has been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the above paragraph may not apply to you. If the limitations set forth above are held inapplicable or unenforceable for any reason, then Hotter USA's maximum liability to you for any type of damages shall be limited to the greater of (a) $100.00 or (b) the dollar amount of purchases of goods from Hotter USA you made during the twelve months prior to the date the claim arose, or such larger amount as applicable law requires.