Terms of Sale
Last Modified Date: July 17, 2022
Welcome to the WilliamandHarry.com website administered by RBSC LLC (“W&H”, “We”, “Our” or “Us”).
PLEASE READ THIS TERMS OF SALE AGREEMENT (THIS “TERMS OF SALE”) CAREFULLY. THIS TERMS OF SALE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU (“YOU” or “YOUR”).
THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH W&H, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Terms of Sale apply to the purchase and sale of products and services through WilliamandHarry.com (this “Website“). These Terms of Sale are subject to change by W&H without prior written notice to You at any time, in Our sole discretion. Any changes to these Terms of Sale will be in effect as of the “Last Modified Date” referenced on this Website. You should review these Terms of Sale prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the Last Modified Date will constitute Your acceptance of and agreement to such changes.
Order Acceptance and Cancellation. You agree that Your order is an offer to buy, under these Terms of Sale, all products and services listed in Your order. All orders must be accepted by Us or We will not be obligated to sell the products or services to You. We may choose not to accept orders at Our sole discretion, even after We send You a confirmation email with Your order number and details of the items You have ordered.
Prices and Payment Terms.
Prices posted on this Website may be different than prices offered by Us at Our store located at 103 Boundary Street, Suite A, Williamsburg, Virginia 23185. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Your merchandise total, and will be itemized in Your shopping cart and in Your order confirmation email. We strive to display accurate price information, however We may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on this Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
The following terms may be used by Us to communicate pricing information:
“MSRP” references the manufacturer’s suggested retail price.
“Regular Price” references Our normal price for a product or service.
“Sale” refers to a reduced price for a product or service.
“Clearance” refers to a reduced price for a product or service that will be discontinued.
Terms of payment are within Our sole discretion and payment must be received by Us before Our acceptance of an order. We accept Mastercard, American Express, Visa, Discover, PayPal and Venmo for all purchases. You represent and warrant that (i) the credit card and/or other account information You supply to Us is true, correct and complete, (ii) You are duly authorized to use such credit card and/or authorize Us to charge the third party payment processing service provider for the purchase, (iii) charges incurred by You will be honored by Your credit card company, Paypal and/or Venmo, and (iv) You will pay charges incurred by You at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on this Website at the time of Your order. All sales and payments will be in United States Dollars.
Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to You. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs We incur in the processing, handling, packing, shipping, and delivery of Your order.
Title and risk of loss pass to You upon Our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns, Exchanges and Refunds. Except for any products designated on this Website as final sale or non-returnable, We will accept a return of a product for a refund of Your purchase price: (i) less the original shipping and handling costs if the return product was part of a single order with a total value of up to Two Hundred Fifty and No/100 Dollars ($250.00) or (ii) including original shipping and handling costs if the return product was part of a single order with a total value in excess of Two Hundred and Fifty-One and No/100 Dollars ($251.00), provided such return is made within thirty (30) days of delivery (“Return Date”) with valid proof of purchase and provided such products are returned in their original unworn condition. To return products, You must email Us at email@example.com to request a UPS return label. All returned products must be in original unworn condition.
If You want to exchange any product(s) You order directly through this Website (e.g., for a different size), You can request an exchange by emailing Us at firstname.lastname@example.org to request a UPS return label. An exchange may not be available in all cases, depending on product availability. If You elect to receive an exchange, return the original product as described above by the Return Date. The exchange product will be sent separately to You. If You fail to return the original product by the Return Date or if the original product is damaged or shows signs of wear, W&H may charge You for both the original product and the exchange product. You will be charged for the exchange product on the date You requested the exchange. You will be refunded for the returned product once it arrives at W&H. All returned products must be in original unworn condition. If You receive the exchange product and wish to return it, You can return it within thirty (30) days of delivery of Your receipt of the exchange product.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You will retain title to the products and risk of loss of the products will remain with You until We receive the returned products, and We determine that the products were returned unworn and in their original condition, at which point You will be deemed to have rejected the products and title will return to Us. Unfortunately, We cannot guarantee that You will be able to exchange or replace any item. All returns are subject to a Seven and No/100 Dollars ($7.00) restocking fee.
We will process Your refund within approximately seven (7) business days of Our receipt of Your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on this Website. We are unable to provide You with a timeframe within which Your refund will be processed by Your financial institution and/or third party payment processing service provider You used to make the original purchase on this Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.
Disclaimer of Warranties. We do not manufacture or control any of the products or services offered on this Website. The availability of products or services through this Website does not indicate an affiliation with or endorsement of any product, service or manufacturer.
ACCORDINGLY, TO THE FULLEST EXTENT PROVIDED BY LAW, W&H HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THIS WEBSITE.
Goods Not for Resale or Export. You represent and warrant that You are buying products or services from this Website for Your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
Force Majeure. H&M shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in Our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, adverse weather delays, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, COVID-19, monkeypox, lockouts, strikes or other labor disputes (whether or not relating to Our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, lawsuits, injunctions, moratorium, and changes in laws.
Governing Law and Jurisdiction. This Website is operated from the United States. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Virginia.
Dispute Resolution and Binding Arbitration.
You agree that any dispute or claim (“Dispute”) relating in any way to Your access or use of this Website, to any products sold or distributed through this Website, will be resolved by binding arbitration, rather than in court, except that You or W&H may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
You and W&H agree to give up Your right to go to court to assert or defend Your rights under this Agreement and with respect to any Dispute. You and W&H. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to:
William and Harry
Attn: Legal Department,
103 Boundary Street, Suite A,
Williamsburg, Virginia, 23185
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location. You further agree that if Your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, You agree that Your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.
In lieu of arbitration, either You or W&H may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, You or We may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
All arbitrations must proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief must be individualized to You and shall not affect any other customer. You and W&H agree that each may bring claims against the other in arbitration only in Your or W&H’s respective individual capacities and in so doing You and W&H hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or Your use of the Website ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
Assignment. These Terms of Sale, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without W&H’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null, void and of no force and/or effect. Notwithstanding the foregoing however, W&H may assign, subcontract, delegate or otherwise transfer any and all rights and obligations hereunder without Your consent.
No waiver by W&H of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of W&H to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.
If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Sale will continue in full force and effect.
No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than You.
To You. We may provide any notice to You under these Terms of Sale by: (i) sending a message to the email address You provide to Us, or (ii) by posting to this Website. Notices sent by email will be effective when We send the email and notices We provide by posting will be effective upon posting. It is Your responsibility to keep Your email address current.
To Us. To give Us notice under these Terms of Sale, You must contact Us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to William and Harry, Attn: Sales Team, 103 Boundary Street, Suite A, Williamsburg, Virginia, 23185. We may update the address for notices to Us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
Notice to California Customers. Under California Civil Code Section 1789.3, customers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N, 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.