Terms of Service
This website is operated by HENDERSON (“HENDERSON”, “we”, “us”, or “our”). Throughout the site, the terms “we”, “us”, and “our” refer to HENDERSON.
HENDERSON operates this website, including all information, content, tools, features, products, and services available through the site, subject to your acceptance of these Terms of Service (“Terms”).
By visiting our website, creating an account, placing an order, purchasing a product, or otherwise using any part of our website, you agree to be bound by these Terms, as well as our Privacy Policy, Return Policy, Shipping Policy, and any other policies or terms referenced on the Website.
These Terms apply to all users of the Website, including without limitation browsers, customers, account holders, and individuals who submit content or otherwise interact with the Website.
Please read these Terms carefully before accessing or using our Website. If you do not agree to these Terms, you may not access or use the Website or purchase products through it.
Any new features, services, or tool added to the Website will also be subject to these Terms.
We reserve the right to update, change, or replace any part of these Terms by posting revised Terms on the Website. It is your responsibility to review this page periodically. Your continued use of the Website following the posting of changes constitutes acceptance of those changes, to the extent permitted by applicable law.
1) ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, or that you have the consent of a parent or legal guardian to use the Website and purchase products from us.
You may not use our products or Website for any unlawful or unauthorized purpose, or violate any applicable laws or regulations while using the Website.
You may not transmit worms, viruses, malware, or any other code of a destructive or harmful nature.
You agree not to interfere with or attempt to compromise the security, functionality, or operation of the Website.
A breach of these Terms may result in suspension or termination of your access to the Website or Services.
2) GENERAL CONDITIONS
We reserve the right to refuse service, cancel transactions, or restrict access to the Website to any person, at any time, where permitted by law.
You understand that information submitted through the Website may be transferred over various networks and may be subject to technical processes necessary to operate the Website. Payment information is processed using appropriate security measures and third-party payment providers where applicable.
You agree not to reproduce, duplicate, copy, sell, resell, redistribute, exploit, or commercially use any portion of the Website, Services, or content without our express written permission.
The headings used in these Terms are provided for convenience only and do not affect the interpretation of these Terms.
3) ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that information provided on the Website is accurate and current. However, we do not guarantee that all information will always be accurate, complete, current, or free from errors.
Information on the Website is provided for general informational purposes and should not necessarily be relied upon as the sole basis for making decisions.
The Website may contain historical information that is provided for reference only and may not be current.
We reserve the right to modify Website content at any time. However, we are not obligated to update all information unless required by applicable law.
4) MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change at any time without prior notice.
We reserve the right to modify, suspend, or discontinue the Website, any product, or any portion of our Services at any time.
We will not be responsible to you or any third party for any modification, price change, suspension, or discontinuation of the Website or Services, except where liability cannot legally be excluded.
Price changes will not affect orders that have already been accepted and confirmed by HENDERSON, except where required by applicable law.
5) PRODUCTS
Certain products may be available exclusively through the Website and may be offered in limited quantities.
We make reasonable efforts to display product photographs, colors, descriptions, measurements, materials, and other product information as accurately as possible.
However, the appearance of colors may vary depending on your monitor, screen, device, or other settings. We cannot guarantee that the color displayed on your device will exactly match the physical product.
Product availability, sizing, materials, specifications, designs, and pricing may change without notice.
We reserve the right to limit the quantity of products purchased by any person, household, account, geographic region, or jurisdiction where permitted by law.
We reserve the right to discontinue any product at any time.
Nothing in these Terms limits any warranties or consumer rights that cannot legally be excluded.
6) ORDERS AND ACCEPTANCE
When you place an order through the Website, you are submitting an offer to purchase the products in your order.
After placing an order, you may receive an email confirming that we have received your order. This confirmation does not necessarily mean that your order has been accepted.
HENDERSON reserves the right to accept, refuse, limit, or cancel any order for any lawful reason, including:
Product availability.
Errors in product descriptions or pricing.
Errors in shipping or billing information.
Suspected fraud or unauthorized transactions.
Orders that appear to be placed by resellers, dealers, or distributors.
Unusually large quantities.
Violations of these Terms.
Other circumstances requiring cancellation.
If we cancel an order after payment has been processed, we will refund the amount paid for the canceled products, subject to applicable law.
7) ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide accurate, complete, and current billing, shipping, payment, and account information for all purchases made through the Website.
You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you when necessary.
We reserve the right to refuse or cancel orders, including multiple orders, where permitted by law.
We may limit or cancel quantities purchased per person, household, account, payment method, billing address, or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the contact information provided when the order was placed.
For additional information regarding returns and refunds, please review our Return Policy.
8) PAYMENT
Payments made through the Website may be processed by third-party payment providers.
By submitting payment information, you represent that you are authorized to use the payment method provided.
You authorize HENDERSON and our payment processors to charge the applicable amount for your order, including applicable taxes, shipping charges, and other amounts disclosed at checkout.
We do not guarantee that any particular payment method will remain available at all times.
If a payment is declined or cannot be processed, we may cancel or delay your order until valid payment has been received.
9) SHIPPING AND DELIVERY
Shipping options, costs, and estimated delivery times will be displayed during the ordering process where applicable.
Delivery estimates are provided for convenience and are not guaranteed unless expressly stated otherwise.
HENDERSON is not responsible for delays caused by circumstances outside our reasonable control, including carrier delays, weather, natural disasters, customs processing, supply chain disruptions, strikes, or other unforeseen circumstances.
You are responsible for providing accurate shipping information. We are not responsible for delivery failures or delays resulting from incorrect or incomplete information provided by you.
For international orders, customs duties, import taxes, brokerage fees, or other charges may apply. Unless otherwise stated at checkout, these charges may be the responsibility of the customer.
10) RETURNS, EXCHANGES, AND REFUNDS
Returns, exchanges, and refunds are governed by HENDERSON's applicable Return Policy.
Any applicable requirements regarding return periods, product condition, packaging, proof of purchase, shipping costs, and refunds will be described in our Return Policy.
Certain products may be final sale or otherwise excluded from return or exchange where permitted by law.
Nothing in these Terms or our Return Policy is intended to limit any mandatory consumer rights or remedies available under applicable law.
11) PROMOTIONS AND DISCOUNT CODES
Occasionally, HENDERSON may offer promotional codes, discounts, sales, giveaways, or other special offers.
Promotions may be subject to additional terms and conditions.
Unless otherwise stated:
Promotional codes cannot be exchanged for cash.
Promotional codes may have expiration dates.
Promotional codes may be limited to one use per customer.
Promotional codes may not be combined with other offers.
Promotional discounts generally cannot be applied retroactively to previous purchases.
HENDERSON reserves the right to modify or discontinue promotions where permitted by law.
Specific terms accompanying a promotion will apply where they conflict with these general provisions.
12) OPTIONAL THIRD-PARTY TOOLS AND SERVICES
We may provide access to third-party tools, applications, payment services, analytics services, shipping services, or other third-party features.
We do not necessarily monitor, control, or have input into these third-party services.
Third-party services are provided according to the terms and policies of the applicable third-party provider.
To the extent permitted by law, HENDERSON is not responsible for losses or damages arising from your use of third-party services.
Any new services or features added to the Website in the future will also be subject to these Terms.
13) THIRD-PARTY LINKS
The Website may contain links to websites, applications, products, or services operated by third parties.
Third-party links are provided for convenience and do not necessarily constitute an endorsement or recommendation by HENDERSON.
HENDERSON does not control third-party websites and is not responsible for their content, availability, accuracy, security, privacy practices, or terms.
If you access a third-party website, you do so at your own risk. We encourage you to review the applicable third party's terms and privacy policy before using its services or providing personal information.
14) USER COMMENTS, REVIEWS, AND SUBMISSIONS
If you submit reviews, comments, photographs, videos, feedback, suggestions, ideas, or other materials to HENDERSON (“User Content”), you are responsible for the content you submit.
By submitting User Content, you grant HENDERSON a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use that User Content for business, promotional, advertising, and marketing purposes, subject to applicable law and our Privacy Policy.
You represent that:
You own or have the necessary rights to submit the User Content.
Your User Content does not infringe the rights of another person or entity.
Your User Content is not unlawful, fraudulent, defamatory, threatening, obscene, or otherwise objectionable.
Your User Content does not contain malicious software or code.
You are not impersonating another person or entity.
We are not obligated to maintain User Content in confidence, pay compensation for User Content, or respond to User Content.
We reserve the right, but are not obligated, to monitor, edit, restrict, or remove User Content that we believe violates these Terms, applicable law, or the rights of others.
15) PERSONAL INFORMATION AND PRIVACY
Your submission of personal information through the Website is governed by our Privacy Policy.
Our Privacy Policy explains how we collect, use, disclose, store, and otherwise process personal information.
By using the Website, you acknowledge that you have reviewed our Privacy Policy.
16) INTELLECTUAL PROPERTY
All content and materials available on the Website, including the HENDERSON name, trademarks, logos, designs, photographs, product imagery, graphics, text, videos, software, layouts, and other materials, are owned by or licensed to HENDERSON and are protected by applicable intellectual property laws.
You may access and use Website content solely for your personal, non-commercial use.
You may not copy, reproduce, modify, distribute, publish, sell, license, create derivative works from, or otherwise exploit any HENDERSON intellectual property without our prior written permission.
17) PROHIBITED USES
In addition to other restrictions contained in these Terms, you are prohibited from using the Website or its content:
For any unlawful purpose.
To solicit or facilitate unlawful activity.
To violate applicable federal, state, local, or international laws or regulations.
To infringe or violate our intellectual property rights or the rights of others.
To submit false, misleading, or fraudulent information.
To impersonate another person or entity.
To harass, threaten, abuse, defame, or discriminate against others.
To upload or transmit viruses, malware, or other malicious code.
To collect or track personal information belonging to others without authorization.
To engage in spam, phishing, scraping, crawling, or unauthorized data collection.
To interfere with or circumvent security features of the Website.
To attempt to gain unauthorized access to the Website or its systems.
To use automated systems or bots to purchase products or interfere with Website functionality.
To use the Website for fraudulent resale, unauthorized commercial activity, or other activity that violates these Terms.
We reserve the right to terminate or restrict your use of the Website for violating any prohibited use.
18) ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.
HENDERSON reserves the right to correct errors, inaccuracies, or omissions and to update information or cancel orders if information is inaccurate, including after an order has been submitted, where permitted by applicable law.
We are not obligated to update, amend, or clarify information on the Website except as required by law.
19) DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Website and Services are provided on an “as is” and “as available” basis.
HENDERSON does not guarantee that your use of the Website will be uninterrupted, timely, secure, or error-free.
We do not guarantee that information obtained through the Website will always be accurate, complete, or reliable.
To the fullest extent permitted by law, HENDERSON disclaims warranties that are not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Nothing in these Terms excludes or limits any warranty or consumer protection right that cannot legally be excluded or limited.
20) LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, HENDERSON and its owners, officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from or related to your use of the Website, Services, or products purchased through the Website.
This includes, where permitted by law, loss of profits, revenue, savings, data, goodwill, business opportunities, or replacement costs.
To the fullest extent permitted by applicable law, HENDERSON's total liability arising from a particular transaction will not exceed the amount you paid to HENDERSON for the product or service giving rise to the claim.
This limitation does not apply where prohibited by law or to liability that cannot legally be excluded or limited.
21) INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless HENDERSON and its owners, officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, and licensors from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
Your breach of these Terms.
Your violation of applicable law.
Your misuse of the Website or Services.
Your violation of the rights of another person or entity.
User Content submitted by you.
Your fraudulent, negligent, or unauthorized conduct.
22) SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law and will otherwise be severed from these Terms.
The invalidity or unenforceability of any provision will not affect the validity or enforceability of the remaining provisions.
23) TERMINATION
These Terms remain effective unless terminated by you or HENDERSON.
You may stop using the Website at any time.
HENDERSON may suspend or terminate your access to the Website or Services at any time where permitted by law if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive activity, or otherwise misused the Website.
Termination does not affect obligations or liabilities that arose before termination.
Provisions that by their nature should survive termination, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and applicable dispute provisions, will survive termination.
24) ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Return Policy, Shipping Policy, and any other policies or operating rules posted on the Website, constitute the entire agreement between you and HENDERSON concerning your use of the Website and Services, except where otherwise required by law.
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms supersede any prior or contemporaneous agreements, communications, or proposals relating to your use of the Website, except where otherwise stated.
25) GOVERNING LAW AND DISPUTES
These Terms and any dispute arising out of or relating to your use of the Website or purchase of HENDERSON products will be governed by the laws of the United States, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Any dispute-resolution provisions applicable to consumers will be interpreted and applied subject to mandatory consumer protection laws and rights.
Nothing in these Terms prevents you from exercising any rights or remedies that cannot legally be waived.
26) CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
HENDERSON reserves the right, at its discretion, to update, modify, or replace any portion of these Terms by posting revised Terms on the Website.
When we make changes, we will update the “Last Updated” date at the top of this page.
It is your responsibility to review these Terms periodically. Your continued use of the Website following the posting of changes constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
27) CONTACT INFORMATION
If you have questions, concerns, or requests regarding these Terms, please contact us at:
apparel@hendersonjh.com