Terms of service

Welcome to Hudson & Wells. In these Terms of Service, the words "we", "us" and "our" refer to Hudson & Wells, operated by Nason Capital LLC. We operate this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). Hudson & Wells is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced within them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, colors and product appearance may differ from how they appear on your screen due to the device you use and your display settings.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to how they are depicted online.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Hudson & Wells reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it.

You may request a change or cancellation within 24 hours of purchase, provided the order has not yet entered fulfillment. After an order enters fulfillment, we may be unable to accommodate changes or cancellations. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

We support multiple currencies at checkout. Where your region is supported, prices are displayed and charged in your local currency; otherwise, prices are shown and charged in US Dollars (USD). Your bank or card provider may apply international transaction or currency conversion fees based on your account terms and current exchange rates.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges at the posted prices, including shipping and applicable taxes.

SECTION 5 - ACCEPTED PAYMENT METHODS

We accept Shop Pay, Visa, Mastercard, American Express, Diners Club, Discover, JCB, Apple Pay, Google Pay, Amazon Pay, and PayPal. Payment is processed through an encrypted checkout that is PCI-DSS compliant via our e-commerce platform (Shopify). We do not store full card details on our systems.

SECTION 6 - SHIPPING AND DELIVERY

We ship within the United States and to supported international destinations shown at checkout. Available shipping options, delivery locations, and final shipping charges are displayed at checkout before you complete your purchase. Full details are set out in our Shipping Policy, which is incorporated into these Terms by reference.

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, or other events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 7 - RETURNS

Eligible items may be returned within 30 days of delivery, provided they are unworn, unwashed, undamaged, and returned with their original tags and packaging. Full details — including how to start a return, return shipping responsibility, and refund timing — are set out in our Return & Refund Policy, which is incorporated into these Terms by reference.

SECTION 8 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, and the design, selection, and arrangement thereof, are owned by Hudson & Wells, its affiliates, or licensors, and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent. The Hudson & Wells name, logo, product and service names, designs, and slogans are trademarks of Hudson & Wells or its affiliates. Shopify's name, logo, and marks are trademarks of Shopify. All other names and marks are the property of their respective owners. All rights not expressly granted are reserved.

SECTION 9 - OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without endorsement, and we shall have no liability arising from your use of optional third-party tools. Any use of these tools is entirely at your own risk, and you should ensure you are familiar with and approve of the terms on which they are provided by the relevant third party.

SECTION 10 - THIRD-PARTY LINKS

The Services may contain materials and links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we are not liable for any harm related to your access or use of them, or your purchase or use of any products or services on them. Please review the third party's policies carefully before engaging in any transaction. Complaints regarding third-party products or services should be directed to the third party.

SECTION 11 - RELATIONSHIP WITH SHOPIFY

Hudson & Wells is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Hudson & Wells. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Hudson & Wells, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Hudson & Wells.

SECTION 12 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 13 - FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, or proposals (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it. You represent that you own or have all necessary rights to your Feedback and that it will not violate these Terms or the rights of any third party. You may not use a false email address, impersonate any person, or mislead us as to the origin of any Feedback.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).

SECTION 15 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful, fraudulent, or malicious purpose; (b) to violate any applicable law, regulation, or third-party right; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, defame, or harm any person; (e) to transmit false or misleading information; (f) to transmit any advertising or promotional material such as junk mail or spam; (g) to impersonate any person or entity; (h) to upload or transmit viruses or malicious code; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, spider, crawl, or scrape; or (k) to interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your access at any time, without notice, if we determine you have violated any part of these Terms.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination — including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy — will continue to apply.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk. EXCEPT AS EXPRESSLY STATED BY HUDSON & WELLS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL HUDSON & WELLS, NASON CAPITAL LLC, OR OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES. WHERE LIABILITY CANNOT BE EXCLUDED, OUR TOTAL LIABILITY ARISING FROM ANY ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THAT ORDER.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hudson & Wells, Nason Capital LLC, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service 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 severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. These Terms of Service, together with any policies posted by us in respect to the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements. Any ambiguities in interpretation shall not be construed against the drafting party.

SECTION 22 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 23 - GOVERNING LAW

These Terms of Service and any dispute arising out of or relating to them, the Site, or your purchase of products are governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict-of-laws principles. You agree that the courts located in the State of Tennessee, United States, will have jurisdiction over any such dispute.

SECTION 24 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Hudson & Wells (operated by Nason Capital LLC)

Email: sales@hudsonandwells.com

Phone: +1 (629) 245-5155

Support hours: Monday-Friday, 9:00 AM – 5:00 PM Central Time

Mailing address: 5800 Centennial Blvd, Nashville, TN 37209, United States

We usually respond within 24 hours.