Terms of service

HERZOG TERMS OF PRODUCT SALE

Thank you for shopping at www.herzogshop.com (the "Site"). We appreciate your business. These “Terms of Product Sale” are the legal terms that govern any purchase you make on the Site ("Agreement"). ESW Design, LLC ("Herzog") is the operator of the Site and the supplier of your order. By placing an order, you agree to be bound by this Agreement. Please read this Agreement carefully and let us know if you have any questions.

Customer and Account

You represent that you are at least the age of majority in your jurisdiction of residence, you are not under any legal or other disability which limits your ability to comply with this Agreement, the information you provide in connection with your purchase is truthful and accurate, and you are not purchasing the products ("Products") for resale to others. You are responsible for maintaining the confidentiality of your username and password. Data generated in connection with your use of your account at this Site is the property of Herzog. Herzog, in the exercise of its reasonable business judgment, reserves the right to fill orders, decline orders, terminate accounts, cancel orders, and restrict access to the Site.

Shopping Information

You do not need to have an account to place an order on the Site. If you have provided us with your email address, the receipt of your order will be confirmed via an automatic email. Such email is a confirmation that your order has been received by Herzog but does not constitute an acceptance of your order. A shipping confirmation email will be sent to confirm that your order has been accepted, your payment method has been charged, and the order has been shipped.

Herzog reserves the right to cancel or decline to fill an order for any reason. Some reasons for cancelling or refusing an order are: (i) limitations on quantities available for purchase; (ii) inaccuracies or errors in product or pricing information on the Site; or (iii) our inability to confirm or obtain authorization for charges to your credit card. We may also require additional verification or information before accepting any order. Herzog will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit in the amount of the charge to your credit card.

Limited Product Warranty

Herzog warrants that, for a period of one hundred eighty (180) days from the date of purchase, a Product shall materially conform to the product specifications posted to the Site and shall be free from defects in materials and workmanship. The foregoing limited warranty applies to the original purchaser, and only where the Product is used for its intended purpose and is not subject to misuse or abuse.

HERZOG DISCLAIMS, AND PURCHASER HEREBY WAIVES, ALL OTHER EXPRESS WARRANTIES, AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Exclusive Remedy; Return Policy

If purchaser has determined that a Product does not conform to this warranty, it shall notify Herzog by email as soon as such deficiency is known and provide Herzog with information and photographs as requested. At its election, if Herzog determines that the product may not conform to the warranty or if Herzog otherwise desires to redress the circumstances, Herzog may repair the Product, replace the Product, or refund/credit the purchase price, up to the amount of One Hundred Dollars (U.S. $100).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOREGOING WARRANTY, REMEDIES, AND RETURN POLICY ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED BY HERZOG AND WAIVED BY CUSTOMER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Product Prices

The price for Products is stated in U.S. dollars. The final price for an order may include additional costs, such as taxes, surcharges, shipping, handling, and other fees. You are responsible for the payment of any such additional costs. The total price of the order will be displayed to you before you legally accept the order.

Payment

We accept the following credit cards and methods of payment: [Visa, MasterCard, American Express, Discover, and PayPal]. When paying with credit card, you authorize Herzog to charge the applicable card the amount of the order at the time your order is shipped. If your order requires more than one shipment, we will charge your card separately for each shipment. You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Herzog will have no obligation to fulfill your order. You represent and warrant all billing and registration information provided by you to Herzog is truthful and accurate.

Availability and Descriptions

Products are subject to availability. If a Product is not available at the time of your order, we will decline to fill that order. If an item is listed at an incorrect price or with incorrect information, Herzog may decline or cancel any orders placed for that item, and will notify you of such cancellation.

Cancellation Policy

You can cancel your order by submitting your email address and order number prior to Herzog fulfilling your order. If you order has already been shipped then it may not be cancelled.

Electronic Communications

When you visit the Site, place order for Products, complete a form on the site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. Although we may also communicate with you through other media (telephone, text messages, live chat, mail and other forms now known or later developed), you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Risk of Loss

In the United States, the risk of loss and title for Products pass to you upon our delivery to the carrier, such as FedEx, the U.S. Postal Service, or other third party shipper. Where the laws of online sales require otherwise, the risk of loss and title for Products passes to you upon delivery.

Proper Use of Product

YOU ARE RESPONSIBLE FOR YOUR USE OF THE PRODUCT, INCLUDING ITS PROPER MAINTENANCE AND STORGE. INFORMATION ABOUT THE PRODUCTS, SUCH AS USE AND MAINTENANCE MAY BE PROVIDED THROUGH THE WEBSITE, VIDEOS, BLOG, SOCIAL MEDIA, EMAIL COMMUNICATIONS, LIVE CHAT OR OTHERWISE, ARE PROVIDED TO YOU FREE OF CHARGE AND AS-IS.

Limitation of Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERZOG SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE USE OR MISUSE OF THE PRODUCTS OR RELIANCE ON ANY REPAIR MATERIALS. IN NO CASE SHALL HERZOG BE LIABLE TO CUSTOMER, UNDER ANY THEORY OF LAW (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, FALSE INDUCEMENT, BREACH OF CONTRACT, PRODUCTS LIABILITY) IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF ANY NONCONFORMING PRODUCT.

This Agreement and your use of the Site is governed by our Privacy Policy located here and incorporated as part of this Agreement.

Governing Law

This Site and the sales of Products is governed exclusively by Michigan law and applicable United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, unless the applicable laws of your jurisdiction of residence require that the laws of such jurisdiction govern, in which case, the laws of such jurisdiction are to govern.

Arbitration; Venue for Dispute Resolution

The parties shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator, in Traverse City, Michigan, in accordance with the then effective commercial rules of the American Arbitration Association or JAMS. The parties may agree to a virtual, online arbitration. The arbitration shall be conducted in English. The costs of the arbitration and the reasonable attorneys ' fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. Litigation to enforce the arbitrator 's award shall be brought only in the U.S. Court for the Western District of Michigan, or the Circuit Court for the County of Grand Traverse, Michigan; the parties stipulate to personal jurisdiction and venue in such court, and agree to waive the application of forum non conveniens. The prevailing party shall be awarded attorneys ' fees and expenses in connection with the enforcement of the arbitration award.

Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices published by Herzog on the Site, constitutes the entire agreement between you and Herzog concerning the purchase of Products at the Site.

Changes

Herzog reserves the right to make changes to the Site, its policies, and this Agreement, and will place a notice of changes at its Site or send you a notice electronically. Placement of orders after the posting of such changes constitutes acceptance of such changes.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be modified to the extent necessary to be valid and enforceable, in a manner consistent with the intent of the parties set forth in such provision, and all other provisions of this Agreement will remain in full force and effect.

Waiver

The failure of Herzog to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged by Herzog in writing as a waiver.

Main menu

Terms of service

Your cart -