TERMS AND CONDITIONS OF USE

Introduction

Please read the following terms and conditions, and use carefully before using this website (the “Site”). By accessing and/or using the Site, you are accepting and agree to the present Terms and Conditions of Use (the “Terms”). These Terms apply when you use the Site, in full or in part. All users of the Site agree that access to and use of the Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use the Site.

I. Copyright

All content published or uploaded on the Site, including but not limited to text, graphics or code are protected by copyright law as a collective work under the laws of the United States and constitute the property of or are licensed to Henry Milbourne & Son, Limited (“Henry Milbourne,” the “Company,” “we,” or “us”). All rights are reserved. We grant you permission to electronically copy and print hard copy receipts or information for the purpose of placing an order with our online shop or purchasing merchandise. Any other use, including but not limited to the reproduction, distribution, or transmission of the content of the Site is strictly prohibited, unless you receive our prior written consent. You agree not to change or delete any proprietary notices from materials downloaded from the Site.

II. Trademarks

All trademarks, service marks and trade names of Henry Milbourne used in the Site constitute our trademarks or registered trademarks or are licensed to us. You are not authorized to copy, reproduce, license distribute or otherwise use our trademarks or other intellectual property except with our prior written consent.

III. Typographical Errors

In the event that any merchandise is listed at an incorrect price on our online shop, we reserve the right to refuse or cancel any orders placed for the merchandise listed at an incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your account in the corresponding amount or an online store credit for a different item.

We seek to be as accurate as possible. However, we do not warrant that merchandise descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. If merchandise offered by us is not as described, you understand that your sole recourse is to return it in unused condition in accordance with our exchange policy. We may discontinue merchandise at any time without notice. All pricing for our merchandise is subject to change.

We reserve the right to make adjustments to pricing and merchandise for any reason, including changing market conditions, merchandise discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.

IV. Third-Party Links and Optional Tools

In an attempt to provide increased value to our users, we may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices. Linked sites are only for your convenience and, therefore, you access them at your own risk. Nonetheless, we seek to protect the integrity of the Site and the links placed upon it and therefore request any feedback on our own Site, and also on sites that we provide links to (including if a specific link does not work).

We may provide you with access to third party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tool “as is” and without any warranties of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

V. Changes in Products and Pricing

We are continuously updating and revising our merchandise, and we may discontinue merchandise at any time without notice. All pricing for our merchandise is subject to change. If the price of an order changes after you have paid for it in full or after you have made a down payment, your order will be canceled and your monies refunded.

We attempt to be as accurate as possible with our merchandise descriptions and prices. However, we do not warrant that merchandise descriptions or prices are accurate. In the event that merchandise is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or merchandise information received from our suppliers, we shall have the right to refuse or cancel any orders placed for merchandise listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order. If you are not completely satisfied with your purchase, you may return it in accordance with our return policy, as set forth in our returns policies.

VI. Miscellaneous

You understand that technical problems or other conditions may delay or prevent you from accessing the Site. We do not represent, warrant or guarantee that the Site will provide uninterrupted and error-free service.

Without limiting the generality of the foregoing, we and our affiliates disclaim all representations and warranties including warranties (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) relating to the security of the Site; (c) relating to the accuracy, completeness of the content of the Site; or (d) the security and the Site’s operation without interruption or error.

In no event shall we or our directors, employees or affiliates have any obligations or liabilities to you or any other person for loss of profits, loss of business or use, incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), product liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of merchandise sold by us. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the merchandise you have purchased through the Site.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of merchandise sold by us.

These Terms, as well as our privacy policy and other applicable policies, constitute the entire agreement and understanding between us concerning the subject matter hereof. These Terms may not be altered, supplemented, or amended by the use of any other documents. The laws of the state of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Site (www.henrymilbourne.com) and to the purchase of merchandise sold by Henry Milbourne. You agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts of Los Angeles County in the state of California with respect to any issues arising out of the Terms, the Privacy Policy or the Site. Any cause of action brought by you against us must be instituted within one (1) year after the cause of action arises, or be deemed forever waived and barred. If any provision or portion of these Terms is found to be invalid or unenforceable, then the parties agree that the all remaining provisions and portions of the Terms shall remain in full force and effect, and such invalid portions shall be reconstructed to have the closest possible meaning and original intent of the parties.

Dated: May 31, 2019