Terms & Conditions
Personally Identifiable Information
We will not collect any personally identifiable information (e.g. name, address,
telephone number and e-mail address) about you unless you provide it to us voluntarily.
What we may do with Personally Identifiable Information
If you do provide us with personally identifiable information, we may use it to
improve our understanding of your interests and concerns. We will also use this
information to process your order.
If you tell us you would like to receive additional information from us by email
or post, we may use your information to occasionally contact you about changes to
our web site, new products, site and service updates and special offers we think
you'll find valuable. If you would rather not receive these emails or post, customers
are requested to unsubscribe by visiting www.herringbone.com and following the links.
We may transfer your details (including postal address, telephone number or email
address) to third-party agencies whereby we are utilising their services to distribute
Herringbone marketing or advertising material. Under no circumstances will your
details be distributed to a third-party agency with the intention that this agency
will use your details. We will ensure that your personal information is kept confidential
and secure, and that the appropriate technical and organisational measures, to prevent
unlawful or accidental destruction, accidental loss, unauthorised disclosure or
access or other unlawful forms of processing, are implemented.
What we will not do with Personally Identifiable Information
We will not rent, give or sell your personally identifiable information to any outside
organisation for that organisation's own use without your consent.
How we will treat information from children
Herringbone do not intend to collect any personally identifiable information from
children under thirteen years old. If a child provides us with personally identifiable
information, his or her parents/guardians should email us at style@herringbone.com
and request that this information be deleted from our files. We will make reasonable
efforts to remove this data in a timely manner.
How do I make changes to Personally Identifiable Information
You can update your profile by logging into "My Account" on the website. Anyone
wishing to correct/update/delete personally identifiable information from our database
should contact us at style@herringbone.com. We will make reasonable efforts to service
your request in a timely manner.
Links to other sites
Our business partners, whose sites you may visit after clicking on a link from our
site, may have less stringent privacy policies. We do not have control over these
policies and urge you to read their privacy statements where available before providing
any personally identifiable information. Some of our business partners, whose sites
you may visit after clicking on a link from our site, use cookies. We do not have
control over these cookies.
Non-personally Identifiable Information
We may collect information about you that is not personally identifiable (e.g. the
type of Internet Browser or Email Browser that you use).
How we may obtain this information
Cookie Technology - 'cookies' are encrypted strings of text that a website stores
on a user's computer. Our website may from time to time require the use of cookies
on the site. Without cookies we will not be able to keep information you enter on
multiple pages together. Cookies also enable us to customise our website and offerings
to your needs and provide you with a better online experience on Herringbone.com.
In addition, cookies are used to:
a) measure usage of various pages on our website to help us make our information
more pertinent to your needs and easy for you to access
b) provide functionality such as order history and other functionality that we believe
would be of interest and value to you
The types of cookies that we use are referred to as 'session' cookies and 'persistent'
cookies. Session cookies are temporary and are automatically deleted once you leave
Herringbone.com. Persistent cookies remain on your computer hard drive until you
delete them. We do not use cookies to gather information concerning your visits
to other sites, nor ascertain any personally identifiable information about you
apart from what you voluntarily provide us in your dealings with Herringbone. Cookies
do not corrupt or damage your computer, programs, or computer files.
In addition, the service providers we use to serve and host our advertisements,
and/or deliver our e-mails, use session and persistent cookies, to track the number
of times Herringbone.com is accessed and whether the site was accessed from an advertisement.
Sometimes cookie technology is used to track the number of times an advertisement
is viewed. In all cases, the cookie generated from the advertisement or e-mail does
not contain any personally identifiable information and will remain on your hard
drive until you delete it.
You may set your browser to block cookies or warn you every time one is sent (view
your HELP menu to learn the correct way to change or update your cookies on your
particular browser), although doing so may adversely affect your ability to perform
certain transactions, use certain functionality and access certain content on our
website.
Pixel Tags
Herringbone and their third party service providers use pixel tags (also known as
'clear gifs' or 'beacon gifs'). Pixel tags are not visible to the user of the web
site and consist of a few lines of computer coding. Pixel tags are not used to collect
any personally identifiable information about you apart from what you voluntarily
provide us in your dealings with Herringbone.com. We and our e-mail service provider
use pixel tags to:
a) track responses to our advertisements and site content
b) determine your ability to receive HTML-based e-mail messages. Our e-mail service
provider includes a pixel tag, which they refer to as a 'coded sensor', in all of
the HTML-based messages sent on our behalf. The sensor activates when the e-mail
message is opened and flags the e-mail address of the user as one that is capable
of receiving HTML-based email messages. This capability helps our service provider
to send the e-mail in a format you can read. The sensor does not collect or use
any other information. If you cannot receive HTML, you will not receive a functioning
sensor.
c) know how many users open an e-mail and allow our service provider to compile
aggregated statistics about an e-mail campaign for us, and allow us to better target
interactive advertising, enhance customer support and site usability, and provide
offers and promotions that we believe would be of interest to you.
Legal Issues
Customer Information
Herringbone will disclose personally identifiable information without your permission
when required by law, or in good faith belief that such action is necessary to investigate
or protect against suspected criminal activities to our customers, visitors, associates,
or property (including this site), or to others.
Pricing and Order Fulfillment
Herringbone endeavours to make all website pricing correct. In the event content
on the website contains incorrect information, or a product is listed at an incorrect
price, due to typographical errors or error in pricing information, Herringbone
shall have the right to refuse or cancel any orders placed for products listed at
the incorrect price. Herringbone shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card charged.
Order Confirmation
When placing an order, the order confirmation email is an acknowledgement of your
order and not of fulfillment.
Information Security Measures
We will take reasonable precautions to protect your information from loss, misuse
or alteration.
Notification of Changes
If we ever change our privacy policy, we will post changes on our Homepage so our
users are always aware of what information we collect, how we use it, and under
what circumstances, if any, we disclose it to others.
If at any point we decide to use personally identifiable information in a manner
different from that stated at the time it was collected, we will notify users by
way of an email. Users will have a choice as to whether or not we use their information
in this different manner.
Scope of this Privacy Statement
This privacy statement applies to our Australian website, with scope for users who
access this site in Rest of World.
Security Policy
When you place an order through this web site your personal details are protected
from interception assuring your security.
Depending on your browser, you will see a different confirmation that your connection
is secure. For the most common browsers, you will see a closed padlock at the foot
of the browser.
All transactions are confirmed and authorized by your card issuing bank. Herringbone
is rigorous in our approach in protecting the cardholder and we may contact you
for additional security purposes should we deem this necessary.
Item Descriptions & Details
Every care has been taken to ensure that the descriptions and specifications on
this web site are correct. However, whilst every care is taken to ensure the colour
reproduction is a reliable representation, the colours which are shown for the products
on the website will depend on many factors – including your display settings. All
sizes and measurements are approximate. All Goods are subject to availability -
we may not be able to supply your order; We will often display more than one item
in the product imagery. However, these are for display purposes only and, unless
explicitly stated, are sold separately.
Terms Of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE www.herringbone.com.YOUR
USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS OF USE OF
HERRINGBONE (a subsidiary of Van Laack Australia PTY LTD) WHICH IS THE ENTITY THAT
SELLS ALL ITEMS THROUGH THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS,
DO NOT USE THE WEBSITE.
Responsibility for Customs and Import Duties and Clearance Fees
For orders placed outside of Australia, please note that you are responsible for
any customs and import duties and clearance fees (where applicable) in your own
country and to check the duties and clearance fees with your local authorities.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services
described or depicted on the Website are subject to change at any time without notice.
Certain weights, measures and similar descriptions are approximate and are provided
for convenience purposes only. We make all reasonable efforts to accurately display
the attributes of our products, including the applicable colors; however, the actual
color you see will depend on your computer system and we cannot guarantee that your
computer will accurately display such colors. The inclusion of any products or services
in the Website at a particular time does not imply or warrant that these products
or services will be available at any time. It is your responsibility to ascertain
and obey all applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and sale of any item
purchased from the Website.
Shipping Limitations
When an order is placed, it will be shipped to an address designated by the purchaser
as long as that shipping address is compliant with the shipping restrictions contained
on the Website. All purchases from the Website are made pursuant to a shipment contract.
As a result, risk of loss and title for items purchased from the Website pass to
you upon delivery of the items to the carrier. You are responsible for filing any
claims with carriers for damaged and/or lost shipments.
Accuracy of Information
Herringbone attempts to ensure that information on the Website is complete, accurate
and current. Despite our efforts, the information on the Website may occasionally
be inaccurate, incomplete or out of date. We make no representation as to the completeness,
accuracy or recentness of any information on the Website. For example, products
included on the Website may be unavailable, may have different attributes than those
listed, or may actually carry a different price than that stated on the Website.
In addition, we may make changes in information about price and availability without
notice. While it is our practice to confirm orders by e-mail, the receipt of an
e-mail order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the right, without
prior notice, to limit the order quantity on any product or service and/or to refuse
service to any customer. We also may require verification of information prior to
the acceptance and/or shipment of any order.
Rights in Materials
The Website design and all text, graphics, information, content, and other material
displayed on or that can be downloaded from this Website (the Materials) are either
the property of, or used with permission by, Herringbone and are protected by copyright,
trademark and other laws and may not be used except as permitted in these Terms
of Use or with the prior written permission of the owner of such material. You may
not modify the information or materials located on this Website in any way or reproduce
or publicly display, perform, or distribute or otherwise use any such materials
for any public or commercial purpose. Nothing contained on the Website grants or
should be construed as granting, by implication, estoppel, or otherwise, any license
or right to use any of the Materials. Any unauthorized use of any such information
or materials may violate copyright laws, trademark laws, laws of privacy and publicity,
and other laws and regulations.
Trademarks
Except as otherwise expressly stated on the Website, all trademarks, trade names,
trade dress, service marks and logos used or displayed on this Website are registered
and unregistered trademarks, trade names, trade dress, service marks and logos (Intellectual
Property) of Herringbone, and Herringbone is a licensed user of all Intellectual
Property. Nothing contained on this Website grants or should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any Intellectual
Property without the written permission of the owner.
Linking to this Web Site
Creating or maintaining any link from another website to any page on this Website
without Herringbone’s prior written permission is prohibited. Running or displaying
this Website or any material displayed on this Website in frames or through similar
means on another website without Herringbone’s prior written permission is prohibited.
Any permitted links to this Website must comply will all applicable laws, rule and
regulations.
Third Party Links
From time to time, this Website may contain links to websites that are not owned,
operated or controlled by Herringbone or its affiliates. All such links are provided
solely as a convenience to you. If you use these links, you will leave this Website.
Neither Herringbone nor any of its affiliates are responsible for any content, materials
or other information located on or accessible from any other website. Neither Herringbone
nor any of its affiliates endorse, guarantee, or make any representations or warranties
regarding any other website, or any content, materials or other information located
or accessible from such websites, or the results that you may obtain from using
such websites. If you decide to access any other website linked to or from this
Website, you do so entirely at your own risk.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory,
libelous, obscene, pornographic or profane material, or any virus, worm, time bomb,
Trojan horse, automated device, spider, crawler, bot or routine that can collect
unauthorized information or interfere with or disrupt the operations of the Website,
or any material that could constitute or encourage conduct that would be considered
a criminal offense or give rise to civil liability, or otherwise violate any law.
In addition to any remedies that Herringbone or its affiliates may have at law or
in equity, if Herringbone or its affiliates reasonably determine that you have violated
or are likely to violate the foregoing prohibitions, Herringbone may take any action
it reasonably deems necessary to cure or prevent the violation, including without
limitation, the immediate removal from this Website of the related materials. Herringbone,
its affiliates or its service providers will fully cooperate with any law enforcement
authorities or court order or subpoena requesting or directing Herringbone, its
affiliates or its service providers to disclose the identity of anyone posting such
materials.
User Information
Other than personally identifiable information, which is subject to the terms of
the Website's Privacy Policy, any material, information, suggestions, ideas, concepts,
know-how, techniques, questions, comments or other communication you transmit or
post to this Website in any manner (User Communications) is and will be considered
non-confidential and non-proprietary. Herringbone, its affiliates and/or their designees
may use any or all User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication, broadcast, development,
manufacturing and/or marketing in any manner whatsoever for any or all commercial
or non-commercial purposes. Herringbone may, but is not obligated to, monitor or
review any User Communications. Herringbone shall have no obligations to use, return,
review, or respond to any User Communications. Herringbone will have no liability
related to the content of any such User Communications, whether or not arising under
the laws of copyright, libel, privacy, obscenity, or otherwise. Herringbone retains
the right to remove any or all User Communications that includes any material Herringbone
deems inappropriate or unacceptable.
Disclaimer
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN
CONNECTION WITH THIS WEB SITE ARE PROVIDED ,AS IS, WITHOUT ANY WARRANTIES OF ANY
KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HERRINGBONE NOR ANY OF ITS
AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON
OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY
BE OUT OF DATE, AND NEITHER HERRINGBONE NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT
OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS
OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability
Herringbone, its affiliates and their service providers do not assume any responsibility,
and shall not be liable for, any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising from your access
to, use of, or browsing this Website or your downloading of any materials, from
this Website. IN NO EVENT WILL HERRINGBONE, ITS AFFILIATES OR THEIR SERVICE PROVIDERS,
OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION
OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF
THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED
TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL
SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS
OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
Indemnification
You agree to indemnify and hold harmless Herringbone, its affiliates and their service
providers, and their respective officers, directors, employees, shareholders, licensees,
franchisees, affiliates, agents, successors, assigns, retail partners, or any other
party involved in the creation, production or transmission of the Website from and
against any claims, damages, judgments, expenses, fees, or costs asserted against
any of them based upon your use of the Website, or the services provided in relation
to the Website, any damage to your computer, telecommunication equipment or other
property allegedly arising from access to, use of, or browsing the Website or your
downloading of any materials, from the Website.
Revisions to these Terms of Use
Herringbone may revise these Terms of Use at any time and from time to time by updating
this posting. You should visit this page from time to time to review the then current
Terms of Use because they are binding on you. Certain provisions of these Terms
of Use may be superseded by expressly designated legal notices or terms located
on particular pages at this Website. In the event of any conflict between these
Terms of Use and any legal notices or terms located elsewhere on the Website, these
Terms of Use will control.
Termination
You or we may suspend or terminate your account or your use of this Website at any
time, for any reason or for no reason. You are personally liable for any orders
that you place or charges that you incur prior to termination. We reserve the right
to change, suspend, or discontinue all or any aspect of this Website at any time
without notice.