How long should my order take to receive?

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All orders placed on this site are processed within twenty-four (24) to forty-eight (48) hours. All items are custom made to order in the United States, South Africa, Sweden, Belgium, Hungary, and Japan. Most Beast Interior items (custm rugs exempt) typically take seven (7) to ten (10) days to be delivered. All other items are custom made to order, . Please expect those items to be delivered between eighteen (18) and twenty-one (24) days from placement.

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Where are the items manufacturered?

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All items on our website are custom designed and manufactuered in thenUnited States, South Africa, Sweden, Belgium, Hungary, and Japan. We DO NOT import goods from China or India.

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Methods of payment:

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Payments must be made via checkout unless alternate arrangements are agreed upon. Credit Cards: Visa, MasterCard, American Express and Discover. We do not accept third party checks or third party credit card authorizations. All payments will be processed immediately upon checkout and completion of onine order. By providing House of Herman with a credit card number, Customer authorizes House of Herman to charge the card. Paypal: Paypal checkout is provided. Collection fees and or attorney's fees incurred by the company in collecting payments are the responsibility of the customer and must be repaid in full to House of Herman prior to resuming business. Personal information provided to the company will not be shared with a third party. Title to and ownership of the relevant goods remain the absolute and unencumbered property of Weirdoh Birds until payment in full is received.

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Wholesale Sales:

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Wholesale sales are subject to approval. Buyers and any party wishing to establish a wholesale account must provide House of Herman (HOH) with all relevant paperwork such as resale numbers, and addiional requested docs prior to purchasing. Please contact us for full disclosures. HOH does not gurantee approval of all wholesale inquiries. HOH selectively decides who will carry the various collections. Terms of payment: No consignment of products allowed. All orders ship pre-paid with a credit card, money order, wire transfer, etc. No items shall leave our warehouse until twenty-fours after payment has been received. Credit: For wholesale accounts that desire credit. Provided you are in good standing with the bureau, and that you have been approved, you will be issued a net thirty (30) day terms. All first orders must be paid prior to the issuance of credit. All payments on terms must be received by HOH no longer than thirty (30) days from when you receive the invoice. Late fees: For all payment(s) that are late, you wlll be billed a late fee of $45 and incur a daily late fee of $10.00 for each day the account is delinquent. Collections: Any accounts over thirty days delinquent will immediately be reported to collections Buyer will be held liable for all collection fees incurred by HOH along with a collection fee of $750.00.

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Interior Designer | Residential Design:

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Interior designers and any purchaser/ buyer in residential design must furnish the proper credentials to HOH. The price-structure for all interior designers is different from the retail prices on our site(s). We cross-check all forms and clients. Therefore, no interior designers shall purchase from the retail site. Any attempts to circumvent this will result in a permanent banning from the site and future ability to purchase product.

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Shipping from United States:

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Order will ship when ready. Therefore, you may receive your order in two or more separate deliveries. Shipping charges are not included for all orders within the U.S. Freight Forwarding: If a freight forwarder, hotel, office building, contractor, sub-contractor, upholsterer, workroom or hand-carrying is used, the following terms will apply: It is the responsibility of the customer to insure that the correct items are received. House of Herman (HOH) won't be responsible for damage, defect, material difference, or loss that occurs to goods after they're delivered to you or a freight forwarder. This means that HOH isn't able to provide a replacement of, or refund for, any such goods delivered to you or a freight forwarder. You should refuse goods that arrive damaged and instruct freight forwarders to do the same, and goods lost after being received by you or the freight forwarder will be your responsibility. If you (or a freight forwarder you so designate) have a U.S. address, purchase goods from HOH to be shipped to a U.S. location, and then subsequently export the goods, you or the designated freight forwarder are considered the exporter and are solely responsible for compliance with all export and import regulations, including all U.S. export regulations and the import regulations of the destination country. HOH must not be listed on any export documentation (e.g., export declarations, invoices, packing lists, air waybills, etc.). It is your responsibility to ensure the freight forwarder's most up-to-date U.S. address is used. For international shipments: When ordering from HOH, you're responsible for assuring the product can be lawfully imported to the destination country. The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and can't predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. Prohibited destinations. The U.S. holds complete embargoes against North Korea, Sudan, and Syria. The exportation, re-exportation, sale or supply, directly or indirectly, from the United States, or by a U.S. person wherever located, of any goods or services to any of these countries is strictly prohibited without prior authorization by the U.S. Government. We will store your order for 30 days free of charge, a $150/month fee will apply after 30

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Privacy Policy:

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HOUSE OF HERMAN PRIVACY POLICY House of Herman (HOH) takes the privacy of our customers very seriously. We value our customers and respect your privacy. We collect information about you in an effort to communicate with you about our products, services and promotions. Neither your name nor anything about you is sold or shared with any other non-affiliated company or agency. This Privacy Policy describes the information we collect about you, why we collect it, how we use it and when we share it with third parties. Our Privacy Policy also describes the choices you can make about how we collect and use certain information. Information Collection, Use, and Sharing.
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. Your Access to and Control Over Information You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: See what data we have about you, if any. Change/correct any data we have about you. Have us delete any data we have about you. Express any concern you have about our use of your data. Security We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

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Hospitality

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All hospitality accounts are serviced in-house by Kym Bauguess and our national and international representatives. Hospitality designers and firms are subject to a dedicated pricing structure. Please inquire.

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Terms of Use:

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Terms of Use

General Terms and Conditions of Use of the Website


1. Imprint
2. Age
3. Registration for, and Subscription to, Services
4. Duration – Termination
5. Electronic Services
6. Protection of intellectual property rights
7. Submissions
8. Links to other sites and to the Website
9. Accuracy and Completeness of Information
10. Exclusion of warranty
11. Limitation of liability
12 .Indemnity
13. Applicable Law and Construction; Jurisdiction; Arbitration
14. Privacy
15. Notice and Takedown Procedures


Welcome to www.houseofherman.com website (hereinafter the "Website").

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE.

The Terms of Use govern the access to, and use of, the Website and the content and services available through the Website (“Services”).

Use of the Website and of the Services constitutes your full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Section 14 (below) and any other additional terms, conditions, or policies referenced herein and/or available by hyperlink, and of their relevant mandatory nature. These Terms of Use shall apply to all users of the site, including without limitation vendors, customers, merchants, and/or contributors. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and you indicate your acceptance during the registration, or subscription, process. If these Terms of Use are construed as an offer, acceptance is limited expressly to these Terms of Use. If you (hereinafter, also “User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you may not use the Website or the Services. By use of the Website and/or Services, User hereby consents to the admissibility of a printed copy of these Terms of Use in any judicial, administrative, or other proceeding based on or relating to the Website, Services, or the use thereof, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

House of Herman reserves the right, at its sole discretion, to modify these Terms of Use from time to time, in which case we will post the revised Terms of Use on this Website. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the then-current Terms of Use. If you do not agree with the Terms of Use at any time, you may not continue to use the Website or the Services.

1. Imprint

1.1 The Website and its contents are designed, operated and administered by House of Herman, an American owned corporation, with registered office(s) in Los Angeles and New York (hereinafter "House of Herman", “we”, “us”, “our”).

1.2 Purchases made through the Website by customers in the United States are processed by House of Herman, Inc. 1.3 The disclosure of our contact information described above does not constitute consent to contact for purposes unrelated to the Website and/or Services or for unauthorized purposes, including, but not limited to, marketing.
Age

2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or age of majority of the individual's relevant country). If you are under this age, please do not view, use, register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services. 3. Registration for, and Subscription to, Services

3.1 You may register for, or subscribe to, our Services as available from time to time on the Website.

3.2 When registering for, or subscribing to, Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent House of Herman from inadvertently contacting third parties.

3.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account or password. House of Herman is authorized to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless House of Herman receives explicit prior notice otherwise. 4. Duration - Termination

4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the relevant process.

4.2 You may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to info@houseofherman.com. We will send an email or other communication confirming your cancellation of your registration or subscription.

4.3 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, House of Herman will be immediately entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services. House of Herman will notify you about the termination or suspension, as applicable, by e-mail or postal mail and your credentials, if any, will be deactivated. Termination of your access or use will not waive or affect any other right or relief to which House of Herman may be entitled, at law or in equity. The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes.
5. Electronic Services

5.1 Certain parts of the Services may require the Services to be provided through electronic communication channels, such as e-mail, text messages, or phone calls.

5.2 By providing us with your email address and/or telephone number, you agree that we may contact you regarding the Services (including for promotional or marketing purposes) by e-mail, text message or phone, as appropriate, and you acknowledge that use of mobile voice or data services may result in charges imposed on you by your network provider and that you will be responsible for such charges. Please see House of Herman’s Privacy Policy for more information about how we may contact you and your rights and options regarding our use of your contact information.

5.3 You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.
6. Protection of industrial and intellectual property rights

6.1 The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, devices, or any other material (collectively, “Contents”) is protected under domestic and foreign intellectual property laws. House of Herman owns all rights and/or license in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from House of Herman. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to House of Herman.
7. Submissions

7.1 Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website, or through other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. House of Herman is not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. To the maximum extent permissible by applicable law, House of Herman assumes no voluntary obligation for screening or monitoring Submissions made to this Website by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, House of Herman may investigate the allegation and determine in good faith and its sole discretion to the maximum extent permissible by applicable law whether to remove such Submissions. To the maximum extent permissible by applicable law, House of Herman assumes no liability or responsibility to users for performance or nonperformance of such activities. House of Herman may, but will not be obligated to, use and/or provide any author attributions related to any Submissions.
8. Links to other sites and to the Website

8.1 This Website may contain links to other websites. House of Herman has no control over such websites and, to the maximum extent permissible by applicable law, will not be responsible or liable for any content or anything else related to your accessing or use of any third party websites.

8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by House of Herman of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. House of Herman shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such sites.

8.3 You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without prior written consent of House of Herman.
9. Accuracy and Completeness of Information

9.1 This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. House of Herman makes a reasonable effort to present accurate, complete and updated information on this site, but the information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information.

9.2 Unless otherwise specified, the Website and Service are intended to promote House of Herman products and services available in the United States. The prices displayed on the Website and Services are quoted in U.S. Dollars.

9.3 The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User's viewing device or display could affect the accuracy of the colors of products portrayed.

9.4 Some of the products displayed on the Website or Services are available only in specific retail locations, or being curated as ‘projects’ in the United States, in certain foreign markets, and/or online through the Website. The quantities of these products may be limited and are subject to return or exchange in accordance with the terms and conditions set forth in the applicable return policy dependent upon the point of purchase.

9.5 The Website and/or Services may include a button or hyperlink labeled "Find in Store" when viewing a particular Product. Clicking on this link will present you with the option to provide location information so that the Website can display the availability of the selected Product in stores near the location specified. The availability information is updated as frequently as possible but, due to frequent store inventory changes, the availability information is not guaranteed to be accurate. In addition, Products identified as available may no longer be available when you visit the location specified. The in-store price of a Product may vary between stores and may be different from the online price for the same Product. 10. Exclusion of warranty

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, ITS MATERIALS, CONTENTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSE OF HERMAN PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS MATERIALS, CONTENT, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR)), THAT IT IS MERCHANTABLE, OR THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.

10.2 HOUSE OF HERMAN WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER HOUSE OF HERMAN CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND HOUSE OF HERMAN MAKES NO WARRANTY, AND TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, HOUSE OF HERMAN RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY. 11. Limitation of liability

11.1 THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE STATE OF CALIFORNIA, USA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER, SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

11.2 YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.

11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION 11.4, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

11.4 NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

12. Indemnity

12.1 To the maximum extent permitted by applicable law and subject to the limitations set forth in Section 11.4, you agree to indemnify and hold House of Herman, and each of its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost or expense (including reasonable attorneys' and professionals’ fees and court costs) arising out of or relating to any Submissions you make to us, or any breach by you of these Terms of Use.

13. Applicable Law and Construction; Jurisdiction; Arbitration

13.1 To the maximum extent permissible by applicable law, these Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with the laws of the State of California, USA (without regard to its conflict of law provisions).

To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to these Terms of Use or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF HOUSE OF HERMAN, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of California, County and City of Los Angeles. If arbitration is chosen by House of Herman with respect to a Claim, neither House of Herman nor User will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the fullest extent permissible by applicable law, User will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms of Use, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of California. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permissible by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.

In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.

13.2 The headings used in this agreement are for reference purposes only and do not have contractual or binding effect.

13.3 If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.

13.4 The terms and conditions set forth herein constitute the entire agreement and understanding between the User and House of Herman with respect to the subject matter set forth in the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.

13.5 House of Herman’s waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these Terms of Use will not operate to excuse performance or waive any such right to require strict performance at any future time. 14. Privacy 14.1 By using the Website or the Services, or by uploading or providing any personal information to House of Herman, you agree to the terms of our Privacy Policy, which explains how House of Herman treats your personal information and protects your privacy when you use the Website and the Services. Please read the Privacy Policy carefully.
15. Notice and Takedown Procedures

15.1 If you believe any Submissions accessible on or from the Website infringes your copyright, you may request removal of those materials (or access thereto) from this Website by contacting House of Herman (address identified below) and providing the following information:

(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
(iii) Your name, address, telephone number, and (if available) email address.
(iv) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.

15.2 Our address for copyright issues relating to this Website is as follows:

House of Herman, Inc. Attn: Intellectual Property Dept.
info@houseofherman.com

15.3 In an effort to protect the rights of copyright owners, House of Herman maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers. Terms of Sales
General Conditions of Sale

Updated to April 2019


1. General provisions
2. Identification of the vendor
3. Information on Products and their availability
4. Price
5. Execution of the contract
6. Method of payment
7. Transport and delivery
8. Shipping and delivery confirmation
9. Wrapping or packaging
10. Returns
11. Customized Products
12. Exchanges
13. Lack of conformity
14. Guarantee of authenticity and intellectual property rights
15. Applicable law and construction; Jurisdiction; Arbitration
16. Warranty
17. Limitation of liability
18. Contacts


IMPORTANT NOTICE PLEASE READ THE GENERAL CONDITIONS OF SALE SET FORTH BELOW VERY CAREFULLY. THE GENERAL CONDITIONS OF SALE FOR PRODUCTS PURCHASED THROUGH THE WEBSITE (DEFINED BELOW) ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CLIENT (DEFINED BELOW) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND HOUSE OF HERMAN HEREBY GIVES EXPLICIT NOTICE OF OBJECTION TO THEM AND REJECTION OF SUCH TERMS. BY SUBMITTING ANY ORDER THROUGH THE WEBSITE, CLIENT AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS. 1. General provisions 1.1. These general conditions of sale (hereinafter, “General Conditions”) apply to all sales of House of Herman products (hereinafter, “Products” or “Product”) carried out through the www.houseofherman.com website (hereinafter, “Website”). 1.2. Selling of Products -regulated under these General Conditions- is only available to consumers over the age of eighteen (18) years (or the age of majority of the individual's relevant country) (hereinafter, “Clients” or “Client”) being natural persons that obtain Products for personal, family, or household purposes. Client is prohibited from purchasing any Product from the Website for purposes of resale by you or any other person, and House of Herman expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from Client's intent or attempt to resell any Product purchased from the Website. 1.3. The language of any contract of sale through this Website shall be English. 1.4. Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts of sale executed with the Clients will be archived by House of Herman for the retention period required by applicable law. 2. Identification of the vendor 2.1. The vendor is House of Herman, Inc. 3. Information on Products and their availability 3.1. Information on Products (along with the relevant Product codes) and relevant prices are available on the Website. House of Herman reserves the right to make adjustments to the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, Product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisements. 3.2. The Products available on the Website are a selection of items normally available in stores; however, House of Herman does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. The photographs and images of products included on the Website and Services (as defined in the Website Terms of Use) have been portrayed as accurately as possible; however, the settings and specifications of the Client's viewing device or display could affect the accuracy of the colors of Products portrayed. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. 3.3. House of Herman reserves the right at any time to limit quantities and/or type of Products available from the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product. 3.4. The maximum number of pieces for each Product that may be included by the Client in the order proposal is four pieces. 3.5. House of Herman shall not be liable for errors occurring as a result of a failure of the Client’s connection to the Website. 4. Price 4.1. The prices of the Products are indicated on the Website in U.S. Dollars and are exclusive of all applicable taxes and any applicable surcharges. House of Herman charges state, local and county taxes on online transactions, as required by applicable laws. Please note that your on-screen transaction total reflects estimated tax. The actual sales tax will be calculated when your order is shipped and may vary from the estimated tax. Delivery costs shall be added to the price of the Products and are indicated separately on the order form. 4.2. House of Herman regularly verifies that prices of the Products displayed on the Website are correct; however, House of Herman cannot guarantee the absence of errors. In the event a Product is listed at an incorrect price, House of Herman reserves the right, prior to delivery, to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed or payment has been made. In such circumstances, House of Herman shall offer the Client the opportunity to purchase the Product at the correct price. If the Client's credit card or PayPal account has already been charged for the purchase and the order is cancelled prior to delivery, House of Herman will issue a credit to Client's credit card or PayPal account. 5. Execution of the Contract 5.1 The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an invitation to treat by House of Herman. 5.2. Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the return policy and the privacy policy statement), along with these General Conditions. 5.3. To purchase a Product, Client must (i) include the selected Product in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to House of Herman through the Website. 5.4. Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the return policy under Section 10). The sending of the order proposal by the Client obligates the Client to pay the price of the ordered Product(s) if the order is accepted and confirmed by House of Herman. 5.5. Any error/change in data entered by the Client in the order proposal may be corrected by the Client by following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Bag”). 5.6. Without prejudice to the use of data described in the Privacy Policy statement, the order proposal and the Client’s data related to that order proposal may be kept by House of Herman for the period required by applicable legislation. 5.7. An order proposal may be refused by House of Herman prior to acceptance and confirmation of the order by House of Herman at its sole discretion, including but not limited to the following circumstances: (i) the Products are not available (with no prejudice to the provision set out under Sections 3.3 and 5.9); or (ii) reported, or suspected, fraudulent or illegal activities, including suspected purchases for resale or commercial purposes; or (iii) the Client has not fulfilled his/her obligations with respect to a prior contract executed with House of Herman. 5.8. The contract between House of Herman and the Client is executed upon receipt by the Client of the acceptance and confirmation by House of Herman of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by House of Herman shall be sent to the Client via e-mail at the address provided by the Client in the order proposal ("Order Confirmation"). 5.9. In case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing him about the unavailability of the Products. In this case, the order proposal will be cancelled or partially accepted only as to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products. 5.10. The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the return policy, the address to which complaints may be addressed, information on support services and on existing commercial terms. Title to Products and risk of loss or damage during shipment pass from House of Herman to Client upon delivery to the destination specified by the Client (F.O.B. Destination, freight prepaid and added). 6. Method of payment 6.1. Payment of the price of the Products included in the order proposal and the relevant taxes and delivery charges shall be paid by the Client by credit card, PayPal or other means acceptable to House of Herman. Payment(s) are processed via ecommerce third party secure server. Not all forms of credit card payments are accepted. Payment is in USD and/or Euros. No check, money order, certified payments, bank/ wire transfers are accepted or allowed. Be advised that if we suspect fraudulent activity, House of Herman reserves the right to cancel the order and report criminal activity to the local authorities and any federal agency within the jurisdiction to which the order was placed. 6.2. House of Herman accepts payments made with the following methods of payment: Visa; MasterCard; American Express; JCB; Discover; and PayPal. 6.3. The transactions will be charged to the Client’s credit card only after: (i) the credit card data has been verified; (ii) the authorization to charge the card has been received from the issuer of the card used by the Client; (iii) the availability of the Product has been confirmed by House of Herman; and (iv) the order is ready to be shipped, unless the order includes made-to-order Product(s) designed or customized to the Client’s specifications, in which case the transaction for such Product(s) shall be charged after steps (i) – (ii) above are complete. 6.4. No charge shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge of $0.00 or $1.00 necessary to confirm the credit card’s validity, if any. It is understood that once the order is accepted and confirmed by House of Herman, the temporary charge will be cancelled and replaced by the amount due by the Client. In the event that the order is cancelled by House of Herman for any reason, this temporary charge will be cancelled as well. 6.5. In the event that, for any reason, it is impossible to charge the amount due by the Client prior to acceptance and confirmation of the order by House of Herman, the contract will not be executed and the order will be cancelled. 7. Transport and delivery 7.1 Products will be delivered to the address specified by the Client in the order proposal. In some circumstances and in its absolute discretion, House of Herman may require the signature of the Client (or of a nominated adult representative) at the time of delivery. Purchases will not be shipped to P.O. boxes, APO/FPO. In addition, House of Herman cannot be held responsible for unanticipated delivery delays beyond House of Herman’s control. All International shipments will be charged at a different rate and is contingent on duties, taxes, and other fees. Additionally, a 8% surcharge is added to all international orders. We only ship to certain countries around the world. If you are unable to checkout, it is because House of Herman does not ship to your location. Please inquire if that is the case to (info@houseofherman.com) 7.2. For each order, House of Herman shall invoice the Products by e-mail or by mail to the Client, pursuant to any applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued. 7.3. Unless otherwise specified by House of Herman from time to time, delivery charges shall be borne by the Client and are indicated separately on the order form and invoice. 7.4. All orders are processed Monday through Friday, excluding Saturday, Sunday and holidays. To estimate the total delivery time for a purchase, please allow up to two business days from the order date to process the order for shipment, in addition to the time indicated by the Client’s preferred shipping method. 7.5. The purchased Product(s) shall be delivered by a carrier selected by House of Herman (hereinafter, “Carrier”). Next day and two day deliveries are made Monday through Friday excluding Saturday, Sunday and holidays. Ground deliveries are made Tuesday through Saturday excluding Sunday and holidays. 7.6. Orders placed with Saturday deliveries are expected to be delivered on Saturday if placed by 1PM(ET) on Friday, subject to the following conditions: If an order is placed after 1PM(ET) on Friday, it is expected to be delivered on the Saturday of the following week, as indicated during the checkout process. The delivery time on Saturday may vary depending on the destination zip code and location. Saturday deliveries cannot be made on holidays. Saturday delivery service is only available for Product(s) in the order that are immediately available. Product(s) that are not immediately available will be placed on a priority waiting list and will be shipped with free ground service once they become available for shipment. To select an alternative shipping method for such priority waiting list items, please contact House of Herman at info@houseofherman.com for assistance. (The fee applicable to such alternative shipping methods will apply). House of Herman recommends reviewing the order details on the order review page before submitting an order proposal, or in the order confirmation email that is sent to the Client shortly after the order is placed. Some business addresses may not accept shipments on Saturdays. To ensure Saturday delivery, please confirm that the applicable shipping address can accommodate Saturday deliveries. Saturday delivery is not available for Hawaii, Alaska, or Puerto Rico at this time. 7.7. Orders placed with same day deliveries are expected to be delivered on the date of order, if placed by 1PM(ET) Monday through Friday, subject to the following conditions: To select an alternative shipping method for such priority waiting list items, please contact House of Herman at info@houseofherman.com for assistance. (The fee applicable to such alternative shipping methods will apply). House of Herman recommends reviewing the order details on the order review page before submitting any order, or in the order confirmation email that is sent to the Client shortly after the order is placed. 7.8. Unless otherwise specified in the Order Confirmation, the purchased Product(s) will be delivered within 30 (thirty) days from the date of the Order Confirmation (except in the event that a force majeure event or unforeseeable circumstance occurs). In case the delivery has not occurred within the above indicated term, the Client (by sending an e-mail to the e-mail address (info@houseofherman.com) shall provide House of Herman with a further ten (10) days to deliver the Product; provided that, in case of failure to comply with such term after receipt of the specified notice, the Client’s remedies shall be limited exclusively to termination of the contract and refund of payment received. 7.9. At the time of delivery of the Products by the Carrier, the Client (or a nominated adult representative) is required to verify: (i) that the number of items being delivered corresponds to that indicated on the delivery note; and (ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner. Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Carrier’s delivery receipt. Except to the extent permitted under applicable laws, once the Carrier’s delivery receipt has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel. 8. Shipping and delivery confirmation 8.1. House of Herman shall send to the Client a Shipping Confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered. 10. Returns 10.1. For online purchases, House of Herman will not accept returns. Returns are only allowed for manufactured defective product and product that has been damaged due to to courier/ shipper. In the case that product is found to be defective due to manufacturing or damaged in-transit, customer must notify House of Herman within three (3) days from receipt of product. All return inquires/claims shall be addressed to (info@houseofherman.com). Returned merchandise must be accompanied by the original invoice. Please note that a different return policy may be applicable for in-store purchases. 10.2. Band of Misfits Jewelry: There are no returns on any Band of Misfits jewelry products. all sales are final. Every piece is handcrafted and inherently contains flaws which is part of the design and purposefully created with that in mind. 10.2 A: Sizing: Know your size. It is your responsibility to know your size. Given the custom nature of the product, there are no returns if you incorrectly order the wrong size. 10.3. Beauty Products may be returned if unopened and in the original cellophane wrapping within 10 days from the date of delivery. 10.4. Products purchased online cannot be returned to outlet stores, department stores or other wholesale distributors. 10.5. Any Product that has been worn, used, altered or damaged will not be accepted. 10.6 Wallcoverings: There are no returns on any Wallcoverings. All sales are final. It is your responsibility to order samples for color accuracy and correctness. Once the production order is placed you have seventy-two (72) hours to cancel. After that the order will be placed and finalized. There is no returns on funds or goods after the seventy-two (72) have lapsed. 10.7. Merchandise returned to House of Herman will be processed within 7-10 business days of receipt. A confirmation email will be sent to Client’s email on record. Cash/ credit card refunds are only for merchandise deemed manufacturer defective or for product damaged in transit from House of Herman to Client. House of Herman will be responsible for all shipping costs on defective goods. Please note the original shipping charges incurred at the time of purchase are non-refundable. 11. Customized and Made-to-Order Products 11.1. To the maximum extent permissible by applicable law and in accordance with applicable laws in the United States governing the purchase and sale of special goods made to order, withdrawals, cancellations, exchanges or returns are not accepted for orders of customized products such as, for example, those with the Client’s initials engraved on the Product, or made-to-order products such as, for example, certain décor items and other products designed or customized to the Client’s specifications. The Client is advised that images, photographs and samples of the engraving on personalized Products and other customized elements may differ from the appearance of the actual Product. 11.2 CUSTOM ORDERS: Custom orders are defined as any order that is made specific to order, customized, and is not within the stock program. Different prices, fees apply to custom orders. Accessories, jewelry, homes goods such as wallcoverings, furniture and any other item(s) made for direct to retail customers, interior designers, individuals in residential and hospitality design that are customized and/or made specific (customized/modified) to customer are final sales. Returns/ exchanges are only allowed for merchandise deemed to be defective. 11.3 Samples/ Strike-offs: It is the responsibility of the customer/ client to order samples an/or strike-offs to approve on custom orders to compare the production orders to in color, layout, and resolution. Samples are used to verify color accurateness, scale, and proportion. Computer screens vary in color. It is your responsibility to verify color calibration and accuracy. Samples are provided at a cost to customer. House of Herman will provide samples upon order for your approval. 12. Exchanges 12.1. Shall the original product be approved for return, The Client shall receive an exchange for that exact item. Please note that new orders are subject to merchandise availability. House of Herman will inform the Client if House of Herman is unable to fulfill the new order. 13. Lack of conformity 13.1. If a Product sold by House of Herman has manufacturing defects or in any case of alleged lack of conformity of Products sold by House of Herman, the Client must immediately contact Online Support: Attn. Online Sales Assistant info@houseofherman.com 13.2. In the event that the Client seeks to have the Product repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by House of Herman, as well as any costs related to the delivery to the Client of the repaired or replaced Product. 14. Guarantee of authenticity and intellectual property rights 14.1. House of Herman guarantees the authenticity of all Products purchased on the Website. All House of Herman handbags are manufactured by artisans, and are all rigorously and fully MADE IN USA, with the sole exception of some furnishings, jewelry, and other items, which are made in Japan, Vietnam, Mexico, Hungary, and other places in the European Union. 14.2. The “House of Herman” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies of House of Herman America Inc. for the United States and House of Herman for other countries. 15. Applicable law and construction; Jurisdiction; Arbitration 15.1. These General Conditions and, therefore, the Contracts executed with the Clients, are governed by and must be interpreted in accordance with the laws of the State of California and New York without regard to its conflict of laws provisions or choice of law rules. The General Conditions shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the interpretation or application of these General Conditions or the breach, termination or validity thereof, and/or the relationships which result from these General Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF HOUSE OF HERMAN, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of California, County and City of Los Angeles. If arbitration is chosen by House of Herman with respect to a Claim, neither House of Herman nor Client will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the maximum extent permitted by applicable law, Client will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these General Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of California, County and City of Los Angeles. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to House of Herman for the sale of Products will be exclusively litigated in court rather than through arbitration. In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party. 15.2. The headings used in these General Conditions are for reference purposes only and do not have contractual or binding effect. 15.3. If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these General Conditions will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision. 15.4. The terms and conditions set forth herein constitute the entire agreement and understanding between the Client and House of Herman with respect to the subject matter set forth herein and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website, including but not limited to any statements of policy or answers to frequently asked questions. 15.5. House of Herman’s waiver of any provision of these General Conditions, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these Terms of Sale will not operate to excuse performance or waive any such right to require strict performance at any future time. 16. Warranty

16.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD "AS IS" WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS AND BOOKLETS ACCOMPANYING SPECIFIC PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSE OF HERMAN AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. Client acknowledges that no employee of House of Herman or its affiliates is authorized to make any representation or warranty on behalf of House of Herman or any of its affiliates that is not in these General Conditions. House of Herman also makes no warranties to the Client with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within the Client’s territory. 17. Limitation of Liability 17.1. THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE STATE OF NEW JERSEY, USA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CLIENT. 17.2. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, HOUSE OF HERMAN AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT HOUSE OF HERMAN HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY. 17.3. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THESE GENERAL CONDITIONS SHALL EXCLUDE OR LIMIT (I) HOUSE OF HERMAN’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM HOUSE OF HERMAN’S NEGLIGENCE; (II) HOUSE OF HERMAN’S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. 17.4. House of Herman will not be responsible for and no liability shall result to House of Herman or any of its affiliates for any delays in delivery or in performance which result from any circumstances beyond House of Herman’s reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or delivery dates represented by House of Herman are estimates only. 18. Contacts 18.1. For further information and assistance with the Website or on the methods of purchase online, the Client may contact House of Herman by email, as set forth below: House of Herman, Inc. Attn. Online Sales Assistant info@houseofherman.com Social Media and Endorsement Policy

1. Purpose

House of Herman, Inc. (“House of Herman”) is committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. Therefore, House of Herman hereby adopts this Social Media and Endorsement Policy (this “Policy”).
This Policy applies to all House of Herman independent contractors, employees, agents, speakers, writers, bloggers, talent, endorsers and any other individual or entity engaged in promotional activities on behalf of House of Herman, whether they are engaged by House of Herman directly, or through an agency, representative of an agency, subsidiary, or franchise (collectively referred to herein as “Endorsers”).
This Policy is intended to outline the policies and procedures of House of Herman with respect to any and all advertising messages or promotional communications made by Endorsers. It is also intended to address endorsements and testimonials made by Endorsers about House of Herman, and/or its products and services, whether those endorsements and testimonials are made through “traditional media,” such as television commercials or print ads, or “new media,” or “social media,” such as websites, blogs, mobile applications or any other form of media that may be used by advertisers.
Endorsers are legally responsible for their opinions, comments and content. Individual Endorsers can be held personally liable by third parties for any commentary deemed to be defamatory; obscene; proprietary to, or owned by, others; or libelous to House of Herman, its suppliers/partners or any other person or entity. For these reasons, Endorsers should exercise caution with regard to exaggeration, colorful language, guesswork, obscenity, materials used in content, conclusions, images and/or video, and derogatory remarks or characterizations.
In addition, Endorsers should at all times be mindful that, given advances in technology, opinions, comments or content may remain public, and may be archived, stored and retrievable, indefinitely.


2. Standards of Conduct

With respect to statements or other claims made in advertising messages or promotional communications about House of Herman and/or its products or services, Endorsers must adhere to the following principles:

a. Endorsers may only make statements that reflect their honest beliefs, opinions, experiences or recommendations. House of Herman encourages these statements to be in the first person. Endorsers may not make statements about experiences with a product that they have not personally tried, examined or evaluated.

b. Endorsements by organizations must reflect the collective judgment of the organization, as approved by senior management.

c. Endorsers may not make deceptive or misleading claims about House of Herman’s products or services, or House of Herman’s competitors’ products or services, to consumers.

d. Endorsers may not make any claims about House of Herman’s products or services, or House of Herman’s competitors’ products or services, that are not substantiated (i.e., claims may not be made about a product that would require proof that the Endorser does not have).

e. Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property, or privacy and publicity rights of others, including competitors.

f. Endorsers may not offer for sale, or solicit, products or services on behalf of House of Herman.

g. Endorsers may not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including telling lies or spreading rumors about House of Herman or its affiliates and their respective Endorsers, officers, directors, shareholders, agents, representatives, licensees or competitors.

h. Endorsers may not use ethnic slurs, personal insults, obscenity, or other offensive language.

i. Endorsers may not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving House of Herman’s customers or other individuals.

j. Endorsers may not make any comments or post any content that may violate applicable local, state or federal laws or regulations.

k. Endorsers must adhere to the legal conditions on House of Herman’s web site and the posting guidelines and Terms of Use on any web site on which they post content on behalf of House of Herman.

l. Endorsers must strive for high quality with every comment or post, including adherence to basic spellchecking and rules of grammar.

m. Endorsers that are also employees of House of Herman must also adhere to any and all guidelines provided by House of Herman to its employees with respect to social media and related matters.

n. Endorsers must adhere to any specific additional guidelines provided by House of Herman.

o. Endorsers must always use sound judgment and common sense.


3. Disclosure Requirements

a. Endorsers must clearly and conspicuously disclose and make readily apparent all “material connections” to House of Herman in all advertising messages and promotional communications concerning House of Herman and/or its products or services.

i. A “material connection” is one that could influence the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser. Such connections may be in the form of (a) consideration (such as monetary compensation, including fees or commissions; gift cards; event access; prizes; or free or discounted products or services) provided by House of Herman (or any of its agents acting on its behalf) to the Endorser, or (b) a relationship between House of Herman and the Endorser (such as employment or contractual relationships).

ii. Some examples of appropriate material connection disclosures are:
- I received [product] from House of Herman as a gift;
- [Thanks to][Courtesy of] House of Herman, I was given this [product]
- House of Herman sent me [product] to try;
- Some of the products reviewed in this blog post were sent to me by House of Herman;
- This post is a paid advertisement for House of Herman;
- I am an employee of House of Herman.
These are simply examples of appropriate disclosures and variations on these examples may be appropriate based on the context. The key is to make it apparent to the reasonable consumer that House of Herman provided the subject product or service, as opposed to the Endorser independently purchasing or obtaining the subject product or service.

iii. It is not sufficient to make a single disclosure on a home page or legal terms/disclaimer page that, for example, “many of the products I discuss on this site are provided to me free of charge by their manufacturers.” Disclosures should be tied to the specific products at issue and readily apparent to readers of the particular blog post.

iv. When using a Twitter, Facebook, Instagram or similar platform, Endorsers should endeavor to include a link on their main profile page directing followers to a comprehensive disclosure statement.

b. Endorsers who post their own opinions, comments, content or recommendations about House of Herman, and/or its products or services, must disclose that their views do not necessarily represent those of House of Herman.


4. Third Party Endorsers

Endorsers that employ or contract with third parties to have such third parties deliver advertising messages or other promotional communications to consumers (e.g., advertising agencies, network marketing agencies and blogger networks) are also required to cause those third parties to agree to this Policy before engaging them to communicate to consumers about House of Herman and/or its products or services.


5. Trademarks and Intellectual Property

All emblems, logotypes, insignia, designs, devices, colors, artwork, trademarks, trade names, service marks, trade dress and copyrights, and the commercial goodwill associated therewith, that at any time were or are owned, applied to be registered or registered (irrespective of class of goods/services), controlled, cleared for use by, or on behalf of, or licensed by House of Herman or any of its affiliates may only be used or posted by Endorsers with the prior written consent of House of Herman in each instance, strictly in accordance with the specific guidelines provided by House of Herman


6. Confidentiality

Endorsers may develop, have access to, or directly or indirectly be exposed to, information of a proprietary and confidential nature about House of Herman (including without limitation its business operations and activities, strategic plans and financial information) which, if disclosed, could have a negative effect on House of Herman. Endorsers shall keep confidential and not disclose any such information and, upon termination of an Endorser’s relationship with House of Herman, the Endorser shall promptly return to House of Herman any confidential information in the Endorser’s possession. In the event that there is any question as to whether particular information is confidential in nature, Endorsers must promptly contact House of Herman for clarification and approval before posting, commenting, blogging or uploading content.


7. Press Inquiries

Endorsers’ endorsements and testimonials may generate media coverage. Media inquiries of any kind regarding endorsements or testimonials relating to House of Herman, whether from online (news engines, bloggers) or mainstream (newspapers, magazines) media outlets, must be referred to House of Herman using the Notice information below. Endorsers may not engage in any discussions or correspondence with any members of the media, or make any public oral or written statement, in each case regarding endorsements or testimonials relating to House of Herman, without first consulting with, and receiving permission from, the appropriate authorized House of Herman representative in each instance.


8. Questions

Any questions concerning the contents of this Policy should be referred to info@houseofherman.com.


9. Right to Modify Policy

House of Herman reserves the right to amend, restate, supplement or otherwise modify this Policy at any time. In the event of a dispute as to the interpretation of this Policy, House of Herman’s interpretation shall be final.


10. Effective Date

This Policy is effective immediately and was last updated May 30, 2019. California Disclosures California Do-Not-Track Disclosures

Last Updated May 2019

House of Herman does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit our websites or use our online services or mobile apps. However, you can prevent website tracking by changing the settings in your web browsers to disable cookies permanently or to alert you when cookies are being sent so you can refuse them at that time. The help function on most browsers contains instructions on how to change these cookie settings. Please note that if you disable cookies or refuse to accept a request to place a cookie, it is possible that some parts of this website, such as our ability to save your password so you do not have to re-enter it every time you visit our website, will not function properly. You can find more information about House of Herman’s use of cookies and similar technologies in our “Cookies and Other Technology Policy”, which is available here.


Third-Party Collection Disclosure

House of Herman permits certain third parties to collect anonymous information about your use of House of Herman websites and online services, including information about your activities on this website and your browsing history immediately prior to your visit to a House of Herman website. Such information cannot be used to personally identify you. For example, our service providers use cookies to measure the use of various parts of our websites, and third-party advertisers or ad networks may also collect information in cookies or other electronic tools to help display advertisements you see on this website or on other websites that may be of particular interest to you. To opt out of advertising cookies placed by the Network Advertising Initiative’s ("NAI") or Digital Advertising Alliance’s (“DAA”) member networks, and thereby limit the tracking of your online activity and the tailored advertising you receive, please click here for the NAI opt-out mechanism or here for the DAA opt-out mechanism. Note that even if you opt out of cookies placed by such member networks and participating companies, you will still receive generic online advertising.

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