Terms & Conditions

Welcome to Hu Master Holdings, LLC!

These terms and conditions outline the rules and regulations for the use of Hu Master Holdings, LLC's Website. 

Hu Master Holdings, LLC is located at:
78 5th Ave New York, New York, 10011, United States

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Hu Master Holdings, LLC's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Cookies


We employ the use of cookies. By using Hu Master Holdings, LLC's website you consent to the use of cookies in accordance with Hu Master Holdings, LLC’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License


Unless otherwise stated, Hu Master Holdings, LLC and/or it’s licensors own the intellectual property rights for all material on Hu Master Holdings, LLC All intellectual property rights are reserved. You may view and/or print pages from http://www.hukitchen.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

      • Republish material from http://www.hukitchen.com
      • Sell, rent or sub-license material from http://www.hukitchen.com
      • Reproduce, duplicate or copy material from http://www.hukitchen.com

          Redistribute content from Hu Master Holdings, LLC (unless content is specifically made for redistribution).

          User Comments


          1. This Agreement shall begin on the date hereof.
          2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Hu Master Holdings, LLC does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Hu Master Holdings, LLC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Hu Master Holdings, LLC shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
          3. Hu Master Holdings, LLC reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
          4. You warrant and represent that:
            1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
            2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
            3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
            4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
            5. You hereby grant to Hu Master Holdings, LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

          Hyperlinking to our Content


          1. The following organizations may link to our Web site without prior written approval:
          • Government agencies;
          • Search engines;
          • News organizations;
          • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
          • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
          • These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
          • We may consider and approve in our sole discretion other link requests from the following types of organizations:
            • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
            • dot.com community sites;
            • associations or other groups representing charities, including charity giving sites,
              online directory distributors;
            • internet portals;
            • accounting, law and consulting firms whose primary clients are businesses; and
            • educational institutions and trade associations.

          We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Hu Master Holdings, LLC; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

          These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

          If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@hukitchen.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

          Approved organizations may hyperlink to our Web site as follows:

          • By use of our corporate name; or
          • By use of the uniform resource locator (Web address) being linked to; or
          • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

          No use of Hu Kitchen LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.

          Iframes


          Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

          Content Liability


          We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

          Reservation of Rights


          We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

          SMS Text Opt-in


          By either (a) agreeing to our Terms of Service and Privacy Policy or (b) entering your phone number to opt in to replenishment reminder messages and clicking “Submit”, you agree that we or our providers may send you text notifications and text marketing offers. While variable based on your purchase behavior, marketing-based text messages will not exceed 5 per month. You understand that consent is not a condition of purchase. You can unsubscribe from further text messages by replying STOP. Message and data rates may apply. 

          Offer valid for new SMS subscribers only. Must use code to redeem. Valid for 10% off eligible products on hukitchen.com only. Not valid on subscription orders.  Offer may not be used in combination with any other offer, are not valid during certain promotional periods, and are for one-time use. Offer applied only to orders shipping within the contiguous United States. Offer may not be used in combination with third party loyalty, reward, or cash-back programs. Offers cannot be applied to previously placed or pending orders. Offers apply to authorized purchases only. Only authorized orders will be processed and shipped. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of offer and to modify or cancel this promotion due to system error or unforeseen problems. Other restrictions may apply.

          SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

          Hu Kitchen (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://hukitchen.com/pages/privacy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

          1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 
          2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Hu Kitchen and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
          3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services, and events. Messages may include checkout reminders. 
          4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
          5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@hukitchen.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
          6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
          7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not  liable for delayed or undelivered mobile messages.
          8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
          9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
          10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

          - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

          - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

          - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

          - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

          - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

          - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

           

          1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, NY before one arbitrator.

          The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Hu Kitchen’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

          THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

          Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

          1. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

          13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

          Removal of links from our website


          If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

          Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

          Disclaimer


          To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

          Nothing in this disclaimer will:

          1. limit or exclude our or your liability for death or personal injury resulting from negligence;
          2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
          3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
          4. exclude any of our or your liabilities that may not be excluded under applicable law.

          The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

          To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

           

           

          Ordering


          By completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that products will not be sent (or links to online products) until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.

          After you have placed your order:

          You will receive an email to acknowledge your order. It will confirm which products you have ordered. This email is not an order acceptance from us.

          We do not have to accept your order, and for example, we will not accept your order if:

          • We do not have the products in stock
          • Your payment is not authorized
          • There is an error on our website regarding the price or other details of the products

           

          We reserve the right to refuse any order.

          In the event that an error is made by the customer in ordering, Hu Master Holdings, LLC and Hu Products, LLC are not responsible for this error. We will do our best to resolve any issues with customers, but once an order is shipped we cannot make changes to the order.

          Once an order is submitted we cannot change the shipping address, quantity, or type of chocolate ordered by a customer.

          While we make every effort to ensure that the products shown on our website are currently available at the price shown, we cannot guarantee that this will always be the case. If products you have ordered are unavailable, you will be notified as soon as possible.

          The price you pay is the price of the products shown at the time you place your order, even if the price of the product has since changed. There are no retroactive discounts or price changes.

          Your payment card will be debited for your order at the time the order is placed. By submitting an online order with Hu Master Holdings, LLC, through the Hu Kitchen website, you expressly agree not to request a ‘charge back’ of any fees or payments for said orders, and that no dispute with Hu Master Holdings, LLC, will be raised with or adjudicated by the credit card company. Rather, you agree to contact Hu Master Holdings, LLC, directly to resolve the issue or obtain a refund pursuant to the product guarantee.

          Where an offer mentions that an item is reduced in price, eg: half-price, the discount will be calculated at checkout before any postage or packaging charges are applied. Only one promotion may be used at a time. You must hit the APPLY button when you enter a discount code for it to be activated. If a discount code is not applied, no retroactive discounts will be awarded. If you have trouble with a discount code on a mobile device, try ordering through your desktop or laptop computer. All discounts are offered at the sole discretion of Hu Master Holdings, LLC and Hu Products, LLC and may be revoked at any time.

           

          Delivery information

          *Please note, our fulfillment team will be operating on an upcoming holiday schedule on Thursday, 11/24/22 and Friday, 11/25/22. All orders placed after 11am EST on Wednesday, 11/23/22 are estimated to ship out Monday, 11/28/22.  

          Chocolate Orders


          placed before 11am EST on Wednesday will ship the same week (excluding holidays). Orders placed after 11am EST on Wednesday will ship the following Monday. We will not ship to PO Boxes. All shipments are shipped with temperature control materials but Hu Master Holdings, LLC and Hu Products, LLC cannot guarantee the quality of products if they are delayed in shipping or left unattended or unpacked (especially in heat) for any period of time. 

          Chocolate Gift Cards


          are delivered electronically (via email) at time of purchase.

          Restaurant Gift Cards


          are, for the time being, issued manually from our restaurants and physically sent to the purchaser. Please call the restaurant directly or email catering@hukitchen.com for questions related to Restaurant Gift Cards. Restaurant Gift Cards can also be purchased at the physical restaurant locations.

          Please see individual product sales pages and check-out for information about delivery and shipping charges, where applicable.

          For products that require shipping, we will email you as soon as your order has been shipped, and will advise of the shipping method (if any) at that time. Most orders ship two-day (either ground or air). At this time we do not offer any overnight or expedited services.


          Returns

          We want your Hu experience to be enjoyed! If you are dissatisfied with your product that you purchased directly from us, please reach out to a human at support@hukitchen.com as soon as possible after receiving your order, and we will do our best to make things right. While we can’t accept a return of any consumable product, we may, in our sole discretion, offer a replacement or issue a refund to your account. 

           

          Purchased Hu out in the world?

          If you have any issues with your purchase of Hu from one of our authorized sellers, we suggest you try contacting them first. If you are unable to reach a satisfactory resolution with the retailer, we offer a 60-Day Satisfaction Guarantee, please see https://hukitchen.com/pages/satisfaction-guarantee for full terms and conditions.

           

          Changes to Terms & Conditions for buying products online


          We reserve the right to change these Terms & Conditions for buying products online from time to time. If this happens, we will notify you by posting the new Terms & Conditions for buying products online on the website. If you do not wish to be governed by the revised Terms & Conditions for buying products online, you must not place any further orders.

          These Terms & Conditions for buying products online are governed by the law of the United States and the State of New York and you and we agree to use the New York courts should any dispute arise.

          If any part of these Terms & Conditions for buying products online is found to be invalid by law, the rest of them remain valid and enforceable.