General Terms and Conditions
An order is not binding upon Hulillo.com until it is accepted; Hulillo.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Hulillo.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Your total cost for purchase of any product will include the shipping and handling charges shown on your Hulillo invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to Hulillo.
Risk of Loss
Hulillo.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to the Customer upon delivery to the carrier. Hulillo.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Hulillo.com to sign appropriate documents on Customer’s behalf to permit Hulillo.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Hulillo.com will advise Customer of estimated shipping dates, but Hulillo.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transactions between Hulillo.com and Customer shall be governed by the laws of the State of Hawaii, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, Customer and Hulillo agree that any dispute or controversy arising out of, in relation to, or in connection with this agreement or Customer’s use of the Hulillo Website shall be finally settled by binding arbitration in Honolulu, Hawaii under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SALES TRANSACTIONS BETWEEN Hulillo.com AND CUSTOMER, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND Hulillo.com AND CUSTOMER EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS.
Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Hulillo.com that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Hawaii law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with Hulillo.com’s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Hulillo.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Hulillo.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.