1. OVERVIEW  

The online store at https://hudsonart4charity.org/ (“the Store” or “the Website”) is operated by Hudson Foundation, company organised in Malta with Voluntary Organisation number VO/2292 , VAT Registration Number MT29657235 and with registered address at Hudson House, Burmarrad Road, Burmarrad, St. Paul’s Bay SPB 9060, Malta, hereinafter referred as “Hudson”, “we”, “us” and “our”).

The Store is hosted on Shopify, which provide us with the online e-commerce platform that allows us to sell our products (“the Product/s”) to you.

These terms and conditions (the “Terms” or the “Contract”) govern the use of the Store and the purchase of Products from the Store and form the contract between you and Hudson for the purchase of Products from the Store.

We urge you to read the Terms carefully before using the Website and/or purchasing from the Store. By visiting the Website and placing an order on the Store, you are aware that you are bound by these Terms. If you do not agree with these Terms, you should not visit the Website and/or purchase from the Store.

If you are purchasing as a consumer, meaning other than in the course of a trade, business, craft or profession, you have the right to withdrawal from the Contract, as outlined at section 8 hereunder.

This Contract is concluded electronically, and its only linguistic version is that in the English language.

These Terms may be modified from time to time. It is your responsibility to read them periodically, as the current Terms at the time of formalisation of the relevant Contract or of use of this Website shall be those that apply.

If you have any query regarding the Terms you may contact us at:

Tel: +356 2345 9000
E-mail:  hello@hudsonart4charity.org

2. YOUR OBLIGATIONS

2.1 When you use the Website and place an order on the Store, you agree:

i) To use the Website to make legally valid orders only;

ii) That you are over the age of 18 and are legally eligible to enter into contracts,

iii) Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and take any measures necessary in this regard, including informing the pertinent authorities;

iv) Not to use the Products for any illegal or unauthorised purpose nor, in the use of the Store, violate any laws (including but not limited to copyright laws).

v) Not to transmit any malware or viruses or any code of a destructive nature; and

vi) To provide us with your contact details and delivery address truthfully and exactly.

2.2 You also agree that we may use this information to contact you if necessary. Please familiarise with our to learn about the data processing activity related to this Contract.

2.3 A breach or violation of any of the Terms and especially of the obligations under this section 2 by you will result in an immediate termination of the Contract.

3. PRODUCTS

3.1 The Products offered for sale on the Store consist of a variety of artworks including original art pieces, prints and posters.  The list of Products will be changed or updated from time to time.

3.2 You are informed about the main characteristics of the Products, such as print, dimensions, and pricing, before you place an order.

3.3 Products are subject to availability. If you have placed an order for one or more Products that are unavailable, Hudson will inform you without delay and will refund you in full (including the delivery fee) within 14 days from the notification of unavailability.

4. PRICES AND PAYMENT

4.1 The price of the Products (the “Price”) including VAT is that displayed in Euros (EUR) on the Website at the time Hudson receives your order.

 

Unless otherwise stated, all prices are valid only for 30 days from their date of publication.

The Price is subject to change at any time, but the changes shall not affect the orders that were submitted prior the change.

4.2 Payment needs to be made in advance and prior to the delivery the full amount of the order, including the cost of Products and VAT.

4.3 After placing the order, you will receive a confirmation email stating that the order has been successfully placed and the Contract has been concluded. The confirmation email will include a summary of the order.

4.4 Although we make every effort to ensure that the Price of the Product featured on the Store are correct, errors may occur. If we discover an error in the price of any of the Products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled, and all amounts paid will be reimbursed to you in full.

4.5 Once you have selected all Products that you wish to buy, those will be added to your shopping basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step.

Payment for the Product/s can be made by debit card and credit card . Charges will be made to the relevant account when Hudson confirms your order.

5. DELIVERY

The Products offered on this Website are available for delivery in the Maltese Islands only.

The Products ordered will be delivered to the address that you provide to Hudson during the order placement procedure.

Should you wish to consequently amend the delivery address, please let us know by sending an email without undue delay to hello@hudsonart4charity.org

Once your order is confirmed, Hudson will process your order and deliver the Products within 3 business days from the day following that on which you submitted your order. If the Product is not received within 3 business days, please get in touch on the following email address: hello@hudsonart4charity.org.

If you fail to accept the Products or any part thereof at the date and time agreed for delivery on more than one occasion, then Hudson will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the costs and loss suffered.

6. TRANSFER OF RISK

You will take ownership of the Products when we receive full payment of all amounts due in relation to the same. The Products risks shall be your responsibility from the moment of your physical possession of the Products.

7. EXCHANGES AND RETURN

Exchanges shall not be accepted. Only items which Hudson, at its own discretion, considers damaged items shall be eligible for returns. For more information on returns of a damaged Product, please visit our Exchanges and Refund Policy which may be accessed via   https://hudsonart4charity.org/pages/contact

8. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hudson and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

9. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

10. TERM AND TERMINATION

This Contract is concluded when you receive confirmation of your order for our end and terminates once you have received the Products. Your rights, including withdrawal and guarantees, obligations and liabilities and those of Hudson incurred prior to the termination shall survive the termination of this Contract for all purposes.

You may terminate these Terms at any time by notifying us that you no longer wish to use the Store. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this Contract at any time without notice and you will remain liable for all amounts unpaid to and including the date of termination; and/or accordingly may deny you access to the Store (or any part thereof).

11. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Store constitute the entire agreement and understanding between you and us and govern your use of the Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against Hudson which is the drafting party.

12. GOVERNING LAW AND SETTLEMENT OF DISPUTES

12.1 These Terms and any separate agreements whereby we provide you services in connection with the purchase of the Products from our Store shall be governed by and construed in accordance with the laws of Malta.

12.2 In case of disputes, you may seek an out-of-court settlement submitting complaints and claims using the contact details given at section 1, which we will handle as soon as possible and within the legally determined period.

12.3 In line with Regulation (EU) 524/2013, you may also settle any consumer dispute with us through the online dispute resolution platform accessible at here.

12.4 In case of judicial litigation, Maltese Courts shall have jurisdiction over any dispute that may arise from this Contract.