TERMS OF USE

please read the following terms of use before using this website.

welcome to hunter sky design’s website which is operated by or for hunter sky, its affiliates or related companies, referred to collectively as Huntersky Design, the following terms govern your use of and/or purchase of products from the website. be advised that your use of the website constitutes your agreement to follow and be bound by all of the following terms and conditions (the “agreement”).

GENERAL

we may from time to time change the terms that govern your use of the website. your use of the website following any such change constitutes your agreement to follow and be bound by the terms as changed. we may change, move or delete portions of, or may add to, the website from time to time, for any reason, with or without notice. registration in order to access certain features of Huntersky Design you may be required to become a registered user. for purposes of the terms, a “registered user” is a user who has registered an account on the website (“account”).

in registering an account on the website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “registration data”); and (2) maintain and promptly update the registration data to keep it true, accurate, current and complete. you represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Huntersky Design under the laws of the united states, your place of residence or any other applicable jurisdiction. you are responsible for all activities that occur under your account. you agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Huntersky Design by minors. you may not share your account or password with anyone, and you agree to (1) notify Huntersky Design  immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your account at the end of each session. if you provide any information that is untrue, inaccurate, not current or incomplete, or Huntersky Design has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Huntersky Design  has the right to suspend or terminate your account and refuse any and all current or future use of Huntersky Design (or any portion thereof). you agree not to create an account using a false identity or information, or on behalf of someone other than yourself. you agree that you shall not have more than one account per platform at any given time. Huntersky Design reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. you agree not to create an account or use Huntersky Design if you have been previously removed by huntersky design, or if you have been previously banned from any of huntersky design.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of huntersky design.

WEBSITE CONTENTS

unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs,video clips, music, and written and other materials that appear as part of this website. (collectively, the “contents”) are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by huntersky design.

the website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by huntersky design. the contents of the website, and the website as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the website) use by the users of the website. you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents, the website, or any related software. the use of any robot, spider, or other automatic device or software in connection with the services is strictly prohibited. in the event we reasonably determine that any order or attempted order was made by or through use of any robot or other automatic device or software, we have the right, in our sole and absolute discretion, to deny or cancel any such order, to refuse to accept any returns or offer refunds, and/or to charge restocking fees.

PAYMENT

you agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. you must provide a valid credit card (visa, mastercard, or any other issuer accepted by us) or paypal account or apple pay to shopify, our third-party payment provider(“payment provider”) in order to purchase products and to use certain services. your credit card provider agreement governs your use of the designated credit card or paypal or apple pay account, and the terms and conditions on the website of the payment provider governs your use of its website, and you must refer to the respective agreement or terms and conditions, and not the terms, to determine your rights and liabilities. on behalf of Huntersky Design, with your credit card number [or paypal account] and associated payment information, you agree that Huntersky Design  is authorized to immediately invoice your account for all fees and charges due and payable to Huntersky Design  hereunder and that no additional notice or consent is required. you agree to immediately notify Huntersky Design of any change in your billing address or the credit card [or paypal account] used for payment hereunder. Huntersky Design reserves the right at any time to change its prices and billing methods, either immediately upon posting on Huntersky Design properties or by e-mail delivery to you.

ORDERS

we reserve the right to refuse any order you place with us. 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. in the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

CORRECTION OF ERRORS AND INACCURACIES

the information on the site may contain typographical errors or inaccuracies and may not be complete or current Huntersky Design therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability or otherwise. we apologize for any inconvenience this may cause.

PRODUCT INFORMATION

although availability may be indicated on the website, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. we reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to

cancel any order. if there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

COLORS

we have made efforts to display accurately the colors of products that appear on the website. however, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor’s display of any color will be accurate. we hand make items, so please be advised that color inconsistencies are normal and to be expected with handmade items.

RETURNS AND REFUNDS

all sales are final. we do not take returns. if you have a damaged item, please email [email protected]  with a photo. if agreed damaged, we will issue you a refund and send you a return label to return your item to us. we do not do exchanges, so please visit size charts to make final purchase decisions.

SHIPPING

Huntersky Design will use commercially reasonable efforts to meet any shipment schedules set forth on the website. however, any shipment date or forecast provided by Huntersky Design is only an estimate of the time required to make shipment. unless otherwise agreed to by Huntersky Design all items will be shipped by huntersky design, or its designated representative, in the huntersky design’s standard packaging using a delivery service specified by huntersky design. for additional information about shipping, please see our shipping policy.

HUNTERSKY DESIGN COMMUNICATIONS TO YOU

you agree that Huntersky Design may send electronic mail or other communications to you for the purpose of advising you of changes or additions to the website, about any Huntersky Design products or services, or for such other purpose(s) as Huntersky Design deems appropriate. please see the

Huntersky Design privacy policy. to the extent that the website contains links to outside services and resources, the availability and content of which Huntersky Design does not control, any concerns regarding any such service or

resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER

this website and all contents of the website are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. you acknowledge, by your use of the

website, that your use of the website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our website, and that neither Huntersky Design nor any of its affiliates, owners, agents, officers, directors, or employees shall be liable for any damages of any kind related to your use of the website.

INDEMNIFICATION

you agree to defend, indemnify and hold harmless juliet johnstone and/or any of its affiliates,owners, officers, directors, employees and/or agents from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of the website.

MISCELLANEOUS

this agreement shall be construed in accordance with the laws of the state of new york, without regard to any conflict of law provisions. you agree to bring any dispute arising under this agreement exclusively in the state and federal courts of the state of new york in the borough of manhattan.

TERMINATION

this agreement is effective unless and until terminated by huntersky design. huntersky designmay terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the website, if in huntersky design’s sole discretion you fail to comply with any term or provision of this agreement, or if Huntersky Design for any reason otherwise so decides to terminate. upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from the website, as well as all copies of such materials, whether made under the terms of this agreement or otherwise.

FRAUD PREVENTION

Huntersky Design takes fraud prevention very serious and will continually work to protect the security of our card-carrying customers. we reserve the right to flag any online order for fraud prevention purposes. this may cause delays in processing. customers are encouraged to provide accurate contact information and customer service representatives will make any correspondence attempts to the contact information provided. customers submitting orders with varying information may be subject to such delays in processing. flagged orders may be held from processing to await explanation regarding the variance between the billing and shipping information provided. first-time orders from new customers at above-average dollar amounts may only be authorized to ship to the billing address provided. orders submitted using unsupported credit card information (often international) may be asked to confirm authorization by submitting a government-issued identification card that matches the information on file with the bank for the credit card holder. international customers who elect to ship to freight forwarding/drop shipping companies may have their orders cancelled at managerial discretion.

RELEASE

you hereby release Huntersky Design parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of huntersky design, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the terms or your use of huntersky design.

ASSIGNMENT

the terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without huntersky design’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

FORCE MAJEURE

Huntersky Design shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of god, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. if a force majeure event occurs that affects huntersky design’s performance of its obligations under these terms: (a) Huntersky Design will contact you as soon as reasonably possible to notify you; and (b) huntersky design’s obligations under these terms will be suspended and the time for huntersky design’s performance of its obligations will be extended for the duration of the force majeure event. you may cancel the services affected by a force majeure event which has continued for more than 30 days. to cancel please contact huntersky design.

QUESTIONS, COMPLAINTS, CLAIMS

if you have any questions, complaints or claims with respect to juliet johnstone, please contact us at: huntersky [email protected]. we will do our best to address your concerns. if you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

LIMITATION PERIOD

you and Huntersky Design agree that any cause of action arising out of or related to the terms, Huntersky Design or the content must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.

EXCLUSIVE VENUE

to the extent the parties are permitted under this agreement to initiate litigation in a court, both you and Huntersky Design agree that all claims and disputes arising out of or relating to the agreement will be litigated exclusively in the state or federal courts located in manhattan, new york.

GOVERNING LAW AND JURISDICTION

the terms and any action related thereto will be governed and interpreted by and under the laws of the state of new york, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

CHOICE OF LANGUAGE

it is the express wish of the parties that the terms and all related documents have been drawn up in english. these terms, and any contract between us, are only in the english language.

NOTICE

where Huntersky Design requires that you provide an e-mail address, you are responsible for providing Huntersky Design  with your most current e-mail address. in the event that the last e-mail address you provided to Huntersky Design is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the terms, huntersky design’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. you may give notice to Huntersky Design at the following address: 208 west 30th street rm 302 ny,ny 10001. such notice shall be deemed given when received by Huntersky Design by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

WAIVER

any waiver or failure to enforce any provision of the terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

SEVERABILITY

if any portion of this agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

EXPORT CONTROL

you may not use, export, import, or transfer Huntersky Design except as authorized by u.s. law, the laws of the jurisdiction in which you obtained huntersky design, and any other applicable laws. in particular, but without limitation, Huntersky Design may not be exported or re-exported (a) into any united states embargoed countries, or (b) to anyone on the u.s. treasury department’s list of specially designated nationals or the u.s. department of commerce’s denied person’s list or entity list. by using huntersky design, you represent and warrant that (i) you are not located in a country that is subject to a u.s. government embargo, or that has been designated by the u.s. government as a “terrorist supporting” country and (ii) you are not listed on any u.s. government list of prohibited or restricted parties. you also will not use Huntersky Design for any purpose prohibited by u.s. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. you acknowledge and agree that products, services or technology provided by Huntersky Design are subject to the export control laws and regulations of the united states. you shall comply with these laws and regulations and shall not, without prior u.s. government authorization, export, re-export, or transfer Huntersky Design products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

ENTIRE AGREEMENT

the terms of use represent the entire agreement between Huntersky Design and you.

SHIPPING POLICY

PROCESSING TIME

shipping methods do not include processing time. you will receive an email from

huntersky design@gmailcom  when your order has been confirmed. please allow 3-5 business days for your order to be processed. shipping times may increase during holidays and other peak seasons. purchased items will be shipped within 10 business days of the order, although most will be shipped within 3 to 4. please allow up to 2 weeks for your delivery to arrive. if you still have not received your purchase after 3 weeks, please contact us at [email protected] .

TAXES, SHIPPING & HANDLING CHARGES

all usa orders are shipped via ups, usps or fedex. all california residents will incur sales tax as set by the state of new york and/or the county to which your delivery will be shipped.

all international orders are shipped via ups or usps or dhl. carriers are selected based on the most efficient delivery.

all international orders (outside of the usa) may be subject to sales tax, import duties, and customs charges at the receiver’s expense. this rate is determined by the receiving country. please contact your local customs for further information.

FAILED DELIVERY/RETURNED TO SENDER

if the package cannot be delivered to the given shipping address due to causes ascribable to the absent cooperation of the customer (wrong or incorrect phone number, wrong or incorrect shipping address, absent receiver,) or if the customer refuses to collect the package, the package will be returned to the sender (huntersky design) at the customers expense. the expense includes shipping costs and any duty and tax the package may have incurred; this amount will be deducted from the total of the order to be refunded.

DAMAGED/OPENED BOX
if you receive your package, and it is damaged and/or opened, please take a photo of the damage before checking the contents inside. please submit a claim via the courier used to ship your order.

RESTRICTIONS
Huntersky Design is unable to ship to po boxes.

Huntersky Design is unable to combine separate orders into a single shipment.

Huntersky Design is unable to change any shipping addresses. we will only ship to the address entered at the time the order was originally placed.

Huntersky Design is unable to cancel or modify an order.

Huntersky Design is unable to price match or make price adjustments.

ABANDONED PACKAGE
customers are responsible for any additional shipping fees associated with a returned package or exchange. Huntersky Design will either send an invoice to you for the costs, or you are able to provide us with a prepaid shipping label. Huntersky Design will only hold your package for 30 days before it is deemed abandoned. after 30 days, an abandoned package will forfeit the right to an exchange or refund.

RETURN POLICY

all sales are final.

for any damages with the merchandise notice must be given to [email protected] within 2 days of shipment receipt.

PRIVACY POLICY

this privacy policy describes how your personal information is collected, used, and shared when you visit or make a purchase from hunterskydesign.com.

PERSONAL INFORMATION WE COLLECT

when you visit www.hunterskydesign.com, we automatically collect certain information about your device, including information about your web browser, ip address, time zone, and some of the cookies that are installed on your device. additionally, as you browse the website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the website, and information about how you interact with the website. we refer to this automatically-collected information as “device information”.

WE COLLECT DEVICE INFORMATION USING THE FOLLOWING TECHNOLOGIES:

– “cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. for more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

– “log files” track actions occurring on the website and collect data including your ip address, browser type, internet service provider, referring/exit pages, and date/time stamps.

– “web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the website.

additionally when you make a purchase or attempt to make a purchase through the website, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers and payment information), email address, and phone number. we refer to this information as “order information”.

when we talk about “personal information” in this privacy policy, we are talking both about device information and order information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

we use the order information that we collect generally to fulfill any orders placed through the website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). additionally, we use this order information to:

– communicate with you;

– screen our orders for potential risk or fraud; and

– when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

we use the device information that we collect to help us screen for potential risk and fraud (in particular, your ip address), and more generally to improve and optimize our website (for example, by generating analytics about how our customers browse and interact with the website, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

we share your personal information with third parties to help us use your personal information, as described above.

Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING

as described above, we use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. for more information about how targeted advertising works, you can visit the network advertising initiative’s (“nai”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

you can opt out of targeted advertising by using the links below:

– facebook: https://www.facebook.com/settings/?tab=ads

– google: https://www.google.com/settings/ads/anonymous

– bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

additionally, you can opt out of some of these services by visiting the digital advertising alliance’s opt-out portal at: http://optout.aboutads.info/.

do not track.

please note that we do not alter our website’s data collection and use practices when we see a do not track signal from your browser.

YOUR RIGHTS

if you are a european resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. if you would like to exercise this right, please contact us through the contact information below.

additionally, if you are a european resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the website), or otherwise to pursue our legitimate business interests listed above. additionally, please note that your information will be transferred outside of europe, including to canada and the united states.

DATA RETENTION

when you place an order through the website, we will maintain your order information for our records unless and until you ask us to delete this information.

CHANGES

we may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

for more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at [email protected]