1. Use of This Site
All software and materials, including images, text, illustrations, designs, photographs, video clips and written and other content used on this Site are the property of Herbert’s or its suppliers and are protected by copyright laws. This Site is intended for and may be used only as a shopping resource; and solely for personal, non-commercial use by persons over the age of 18. Any other use is strictly prohibited.
If you choose to become a registered user of our Site, you must treat your user name, password or any other access information as confidential, carefully safeguard the access information and not disclose it to any other person or entity. You also acknowledge and agree that your registered account is personal to you and that you are responsible for all activity that occurs through your account. If any unauthorized access to or use of your user name or password or any other breach of security occurs, you must notify us immediately.
You agree not to utilize any process or mechanism to impair, interfere, or attempt to interfere with, the proper working of the Site. You further agree not to attempt to gain unauthorized access to Herbert’s computer systems, or harvest user information.
THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. HERBERT’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE.
Before ordering through our website, ensure your connection is secure. If you cannot access a secure server for any reason, please place your order in person at our store or by phone using the contact information posted on this Site.
If you wish to purchase any goods or services through the Site, you may be asked to supply certain personal information relevant to your payment method, such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY ORDER. By submitting such information, you grant Herbert’s the right to provide such information to third parties for purposes of facilitating and concluding any purchase.
When placing an order with Herbert’s, please note that there may be certain orders that we are unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. You will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is ready for shipment. If your order is canceled after your payment method has been charged, we will issue a credit to your payment method in the amount of the charge, minus any applicable shipping or restocking charges. If for any reason we are unable to deliver the item(s) you have purchased, while we may assist you in trying to find another comparable item, you agree that your sole and exclusive remedy, and our sole obligation, is to provide you with a refund of the money paid for such item.
Please note that we make every effort to display the details, colors and sizes of our products as accurately as possible on this Site. However, the colors and sizes you see on your computer or other device may vary, and we cannot guarantee that your display will be perfectly accurate. We may also enlarge images of certain items in order to show detail. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.
Should you wish to return any merchandise, you may do so within fourteen (14) days of purchase. You will be responsible for either returning the merchandise to the Herbert’s store, or for shipping it to Herbert’s, fully insured, at your expense. Merchandise must be unused and unaltered. On receipt of the merchandise, Herbert’s will inspect it for wear, tampering or alteration. If Herbert’s determines that the merchandise is unused and unchanged from the time it was purchased, Herbert’s will credit your payment method for the price that you paid for the item, minus a 20% restocking charge.
4. Pricing Information
Prices and availability are subject to change without notice.
While Herbert’s strives to provide accurate product and pricing information, pricing or typographical errors may occur. Quantities may also be limited. In the event that an item is unavailable or listed at an incorrect price or with incorrect information, Herbert’s shall have the right, at our sole discretion, to refuse, cancel or honor any orders placed for that item. In the event of an error, Herbert’s may also, at our discretion, contact you for instructions.
From time to time, Herbert’s may offer special sales, discounts, promotions and incentives. Such events are subject to the specific terms associated with each event. We reserve the right to limit, modify or cancel any order(s) or transaction(s) which does not comply with the specific terms associated with any special sale, discount, promotion or incentive.
Herbert’s strives to protect your confidential information and will take commercially reasonable steps to ensure it remains secure.
When you interact with our Site, or make purchases from us, we may collect certain personal information such as:
- contact information (such as your name, mailing address, email address, and mobile or other telephone number);
- username and password if you have registered an account with us;
- your payment method information (such as your credit card number, expiration date, authorization number or security code, and billing address);
- purchase, return, wish list and transaction information;
- customer service information (such as customer service inquiries, comments and history);
- device information;
- photographs, comments and other content you may provide;
- information that you provide to us regarding your personal or professional interests, date of birth, anniversary date, demographics (such as gender, occupation, income and marital status), experiences with our products, and shopping and contact preferences;
- social media information;
- contact information you provide about friends or other people you would like us to contact; and information we may obtain from our third‐party service providers.
In addition, when you interact with our Site or open our emails, we may collect certain information by automated means. The information we collect in this manner may include information such as your IP address, search queries, referring URLs, actions taken on our site including dates and times of website visits, and similar data. We may link certain data elements we have collected through automated means, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you. While you can change your bowser’s settings to block collection of certain data, please note that by doing so you may not be able to access all functions on our Site.
The information that we collect will be used to respond to you, to improve your shopping experience or to communicate with you about our products, services, promotions and contests. We may also use this information to make offers to you, to help us target specific products and services to you, and to help us develop and improve our Site and Store and tailor our Site and Store to your interests. Herbert’s does not rent, sell or trade your information with unrelated third-party companies.
Herbert’s will only share personal information outside the company or its suppliers if such action is required for Herbert’s to comply with a valid legal or regulatory process or if Herbert’s believes in good faith that such disclosure is reasonably necessary for the protection of Herbert’s or other third parties.
6. Email Or Other Communications To Herbert’s
Please note that if you send us information, material, comments or communications, Herbert’s will deem these to be non-confidential and non-proprietary and you agree we can fully exploit the information without any obligation or liability to you or any third party. You agree that such information, materials, comments or communications may be shared with the general public, and Herbert’s shall be free to use, reproduce, disclose and distribute them for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
UNDER NO CIRCUMSTANCES WILL HERBERT’S, BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF OUR USE OF ANY INFORMATION, MATERIALS, COMMENTS OR COMMUNICATIONS YOU MAKE AVAILABLE. YOU AGREE TO INDEMNIFY HERBERT’S, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, FOR ALL CLAIMS ARISING FROM OR IN CONNECTION WITH THE USE OF ANY INFORMATION, MATERIALS, COMMENTS OR COMMUNICATIONS YOU PROVIDE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS ARISING OUT OF OR BASED UPON COPYRIGHT OR TRADEMARK INFRINGEMENT OR MISAPPROPRIATION.
7. Herbert’s Warranty
Herbert’s warrants its workmanship, and the products that it manufactures and sells (collectively “Merchandise”) to be free from defects in materials and workmanship under ordinary consumer use for a period of six (6) months from the date of the purchase. During this warranty period, if Herbert’s determines that Merchandise is defective in material or workmanship, and you follow the instructions for returning the Merchandise, Herbert’s will, at its option, either (a) repair the Merchandise at Herbert’s expense; (b) replace the Merchandise with new Merchandise that is equivalent to the defective Merchandise; or (c) refund the purchase price of the Merchandise. Herbert’s shall have no obligation to repair, replace or refund until you have returned the Merchandise that you believe to be defective, and Herbert’s has examined the Merchandise and determined it to be defective. Any replacement Merchandise will assume the remaining warranty period of the original Merchandise, or a warranty period of ninety (90) days from the date of replacement or repair, whichever period is longer. When a refund is given, the returned Merchandise shall become the property of Herbert’s.
Some products sold by Herbert’s are manufactured by third parties, who may provide different warranty terms than those offered by Herbert’s. While Herbert’s may, at its discretion, assist you in seeking warranty coverage for defects in products manufactured by third parties, those products shall be subject solely to the terms and conditions provided in the warranty provided by such third parties. This warranty does not apply to products manufactured by third parties and applies only to Herbert’s Merchandise (including its workmanship).
You are responsible for shipping or other costs associated with returning Merchandise that you believe to be defective to Herbert’s.
7.1 Obtaining Warranty Service
To return Merchandise you believe to be defective for warranty consideration, please return the Merchandise to the Herbert’s store location, or contact Herbert’s at email@example.com for further instructions.
7.2 Warranty Exclusions and Limitations
This Limited Warranty applies only to Herbert’s Merchandise (including its workmanship) as defined above. This Limited Warranty does not apply to (a) lost or stolen items, or to (b) damage to Merchandise caused by failure to care for Merchandise, accident, abuse, misuse, misapplication, or excessive wear and tear. This Limited Warranty also does not apply to products manufactured by others, which products may or may not carry different warranties extended by those products’ manufacturers.
Repair, sizing or service performed by anyone other than Herbert’s will immediately void this warranty, as will exposure to harsh chemicals or environments. Please refer to any cleaning and care instructions provided with your Merchandise for information on the proper care for your Merchandise.
THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HERBERT’S IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HERBERT’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Governing Law
9.1 International Access
The Site is provided from, and all servers reside within the United States of America. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States of America.
Dated: July, 2019