Terms

Terms of Use Agreement

Acceptance of the terms and conditions

 

Welcome to hutch-design.com. This site is hosted by DRS Design, Inc. d/b/a Hutch and its parent, subsidiaries, and affiliates (collectively, “Hutch,” “we,” “our,” or “us”). By using the site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read this Agreement carefully. This Agreement sets out the legally binding terms of your use of our Website. Your use of our Website constitutes your understanding, acceptance, and agreement to these Terms of Use. By using this site, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the site. In addition, when you use any current or future version of the website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the hutch-design.com site following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.

 

 

privacy policy notice

 

Please review our Privacy Policy far below, which also governs your use of the hutch-design.com website, to understand our privacy practices. By using the hutch-design.com website you consent to terms of our Privacy Policy. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

 

disclaimer liability

Hutch has taken reasonable efforts to ensure that the information contained in this website is accurate; however, all information is provided "as is" without any express or implied warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. HUTCH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL HUTCH  BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth on this "Terms of Use" page, as well as all applicable laws, and such access and use is at the user's own risk. These terms and conditions are subject to change from time to time without notice by updating or revising this "Terms of Use" page.

If a Hutch product or service is listed at an incorrect price due to typographical error or error in pricing information, Hutch shall have the right to refuse or cancel any orders placed for any product or service listed at the incorrect price. Hutch will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Hutch will issue a credit to your credit card account in the amount of the incorrect price.

 

COPYRIGHT NOTICE

Copyright notice for all pages on this website and all fashion designs displayed on this website: © 2016-2024 DRS Design, Inc. All Rights Reserved. Any reproduction of these pages, graphics, audio and video clips, and fashion designs shown on the site for commercial purposes or for distribution to other persons is a violation of United States Copyright law and similar international laws and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works, or in any other way exploit any of Hutch’s copyrighted works without first obtaining our written consent. You may not view, reproduce, print, or otherwise use any of the content of this website for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above. 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.

 

USER SUBMISSIONS

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this site ("Communications") will be considered non-confidential and non-proprietary. Hutch will have no obligations with respect to the Communications. Hutch and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sounds, text, ideas, and other things embodied therein for any and all commercial or noncommercial purposes.

 

ELECTRONIC COMMUNICATIONS

You may opt out of receiving promotional emails from Hutch by clicking "unsubscribe from this list" at the bottom of the email. If you opt out, we may still send you non-promotional emails, such as emails about your purchases, account, or our ongoing business relations.

 

LINKS

Hutch-design.com contains links to third party websites. Hutch does not control the content of these websites. Unless specifically stated on this website to the contrary, Hutch is not affiliated with these third parties and does not endorse or sponsor their websites, products, or services.

 

INDEMNIFICATION  

You agree to defend, indemnify, and hold harmless DRS Design, Inc., its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers, and consultants and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to reasonable attorneys' fees) arising out of or related to (a) your use of this website and any denial of access to the site: (b)any user content that you post, upload, use distribute, store, or otherwise transmit on or through the site; (c) any submissions you provide to us; (d) your violation of these Terms of Use; (e) your violation of any rights of another; or (f) your conduct in connection with the website. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. 

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL DRS DESIGN, INC., ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM DRS DESIGN, INC., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DRS DESIGN, INC.’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DRS DESIGN, INC., WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DRS DESIGN, INC. FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

GOVERNING LAW

Use of this website and this Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of, or relates to any use of the site will be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

LAST MODIFIED NOV. 4, 2016.

 

PRIVACY POLICY

Security & Privacy

Privacy matters. DRS Design, Inc. d/b/a Hutch, and its parent, subsidiaries, and affiliates (collectively, “Hutch,” “we,” or “us”) recognize the importance of our customers’ privacy, and the steps to take in order to protect that privacy. This privacy statement discloses the privacy practices for hutch-design.com. The statement does not include the privacy practices for partnered sites. We encourage our users who visit external sites from links within hutch-design.com to read the privacy statements of those sites, as their privacy practices may differ from ours. This privacy statement applies only to the site and does not necessarily apply to our off-line collection of information. If you have questions or concerns regarding this statement, you should first contact us via e-mail at shop@hutch-design.com. Please submit a written request to the email address specified above specifying that you want a copy of Hutch’s “Privacy Rights.” Please allow up to 30 days for us to process your request. You may submit your request once per year.

In order to make you feel comfortable and secure in our online store, we have taken numerous precautions to guard your security while making purchases online. For each visitor to our Website, our Web server automatically recognizes the consumer's Internet Protocol (IP) address, domain name and e-mail address (where possible).

 

Collected Information

When you visit the hutch-design.com website, in order for us to provide you with the products or services that you have requested, you may be asked to provide us with personally identifiable information. We collect and retain two types of information from site visitors: (i) personal information voluntarily provided by individual visitors when interacting on the site, making purchases of products or services from us, or on certain other occasions, such as via forms or in emails; and (ii) tracking data, which is automatically collected from every site visitor and recorded on our log files. For example, when you order a product, we may ask you to become a registered user of our site, during which you will be asked for your name, shipping and billing addresses, your date of birth, your e-mail address, and your credit card number or other payment-related information. In addition, we may keep a record of any correspondence, including any information contained therein. You may decline to provide any personal information, but this may prohibit registration on the site or limit participation in activities or services offered on the Site. In an effort to improve our site we may collect non-personal information about how users navigate through the site. Without limitation, we may collect information and tracking data regarding the number and frequency of visits to the site, viewed and/or purchased items, information on websites accessed prior to and following your visit to the site, the software used to access the site, your IP address and other device identifiers, Internet service provider-related information, and clickstream data. However, that information typically does not contain any personally identifiable information about you. The tracking data we record may include the location of your computer. We may combine all information obtained and may disclose this information within our corporate family of companies and share it as disclosed in this Privacy Policy. We may post customer testimonials on our website, which may contain personally identifiable information such as the customer's name. We do obtain the customer's consent prior to posting the testimonial to post their name along with their testimonial.

 

Cookies

We automatically collect data using cookies. A "cookie" is a small data file that our site transfers to your computer. We deliver these cookies and collect data on our sites, and we also may use a third party agent to deliver cookies and collect data. We use the data we collect using cookies to help support the integrity of the registration and buying processes on our site, retain your preferences and account settings, learn about your possible interests so we can personalize our marketing and information to better support your interests, and improve our sites and your experience. When you view a video on our site that uses Adobe Flash Player, a third party (Adobe Systems Inc.) may set a "flash cookie" on your computer.

 

Web Beacons

We also collect information using web beacons. Web beacons are electronic images that may be used on our site or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and to tell if an email has been opened or acted upon. Web beacons also help us analyze our customers' online behavior and measure the effectiveness of our website and our advertising. We work with service providers that help us track, collect, and analyze this information.

 

Use of Information

Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, of other events and issues we think are important, and of potential employment opportunities with Hutch that you may find of interest. If you currently receive our emails and do not wish to continue receiving them, please see the “How to remove your name from our mailing, sharing or email list” section below. We use your shipping address to ship your products to you and to send catalogs and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses, or other personally identifiable information, other than to the extent described in the “With whom do we share your information” section below. If you do not wish to receive catalogs or other mailings from us, please see the “How to remove your name from our mailing, sharing or email list” section below.

 

Sharing of information

In order to operate this Website and in order to provide you with the products and services you have requested, we occasionally need to share information with third parties. We may transmit your personal information to service providers who assist us in processing orders, shipping products to you, processing your payment information, sending you catalogs, conducting surveys, on and offline sweepstakes, processing job applications, sending you e-mails and newsletters, and helping us decide whether to extend credit to you. We have agreements with these service providers that they will protect your privacy in accordance with our standard Privacy Statement. Some of those organizations may have their own Privacy Statements that may give you additional protections, so you are encouraged to read those statements when presented to you. We may share personal information about you outside of Hutch and our affiliates, including as follows:

  • We may share personal information with third parties who complete transactions or perform services on our behalf
  • We may use third-party service providers that use cookies, web beacons and pixel tags to publish advertisements (banners or links) on our behalf across the Internet.
  • We may make our postal mailing list and general shopping information available to selected companies we believe may offer products or services of interest to you.
  • We may use a third party to "power" product reviews on our site. When you submit a product review, you become subject to the terms of use and privacy policy of this third party, the reviews you submit may be publicly posted on our site, and other sites (such as social networking sites).
  • The blog, social networking and community sections of our site are designed as an open and public social community for connecting and sharing with other people. When you sign up you will be asked to provide certain information that will be displayed publicly along with photos, stories, posts, and other information you choose to provide in your profile.
  • We may also post or publish your information when you submit comments, stories, photos, and videos in connection with other areas of our sites and linked sites.
  • Personal information may be shared as part of a corporate business transaction, such as a merger or acquisition of all or a portion of our business to another company, joint venture, corporate reorganization, financing or sale of company assets. It may also be shared in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of the business assets in the transaction.
  • We may share personal information (i) to comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Hutch, our agents, members, and others, including to enforce our agreements, policies, and terms of use, or (iii) in an emergency to protect the personal safety of Hutch, our employees, our members, our customers, or any other person.

 

How do I Access, Update, or Delete My Information

If you are a registered user of the website, you can manage many aspects of your registration information. For security reasons, however, some parts of your personal information may not be changed online and may require you to call or write to us in order to verify your identity before such changes can be made. The online registration area will also permit you to exercise control over the use of your e-mail address, allowing you to opt-out of future e-mail messages from this website. Unfortunately, due to various legal and recordkeeping requirements, we may be required to maintain records about your purchases or other activities on this website. However, you will always be permitted to opt-out of any marketing uses of information stored about you. If you prefer to manage your personal information via other means, you may contact us by email at: shop@hutch-design.com.

 

What Information Will Be Disclosed if Required by Law

If required by law, we may provide any and all information we have about you to law enforcement or other government agencies, pursuant to a subpoena, warrant, or other order by a court of competent jurisdiction. In all cases, we will require written documentation of the request, proof of the identity of the law enforcement official making the request, and we will take steps to authenticate the validity of the request. Any law enforcement or government agency request submitted with less than a court-issued order will be evaluated on a case-by-case basis according to the need and urgency, as well as the particular law enforcement agency making the request.

 

Collected Information

On certain portions of our website, we provide links to sponsored social networking sites and message boards. Those features may require you to provide additional registration information, such as creating a username and password, providing an e-mail address or other information. It is important to understand that when you participate in online discussions, any information you choose to provide is considered "public knowledge" and it is your responsibility to protect your own privacy. If you register to use the social networking or message board features, we will keep your information private, in accordance with this policy. You have the choice of making certain information about yourself available to other users of the system. It is your responsibility to manage your account settings in order to maintain the level of privacy that you desire. If you inadvertently post private or other inappropriate information, we will do our best to assist you in removing it, but we will not be responsible for any problems arising from your errors. The social networking forums and message boards are provided without any warranty and you use them at your own risk.

 

Use and Distribution of Information

If you do not want to receive e-mail from us in the future, please click "unsubscribe from this list" at the bottom of the email. If you provide us with your e-mail address, you may receive messages about your order status, issues regarding the operations of this website, and messages from affiliates of Hutch and other companies with operational relationships to Hutch. You may modify your e-mail preferences by writing or e-mailing us. We will request your telephone number or fax number, and if you provide it, you may receive telephone or fax contact from us with information regarding your orders, requests for information or in reference to valuable offers from us. We do not sell or rent phone numbers.

 

Secure Ordering Process

Any credit card information you enter on our site is strongly encrypted by industry-standard protocol, SSL (Secure Sockets Layer). www.hutch-design.com site uses SSL to communicate with secure browsers like Google and Internet Explorer. These browsers encrypt your credit card and personal information in a way that makes it extremely difficult for anyone to intercept and misuse while being transmitted between your computer and our server.

 

Children

In accordance with federal law, we do not knowingly collect personally identifiable information from children under age 13 without the verifiable permission of a parent or guardian. If you are under age 13, you are welcome to browse our website. However, you are not permitted to use any of the features of our site that require the collection of any personally identifiable information. If we determine that we have erroneously collected a child's information, we will immediately undertake to delete that data from our records.

 

Changes in this Privacy Statement

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

 

LAST MODIFIED NOV. 4, 2016.