Merchant Terms and Conditions of Sales and Use of this Web Site
Please click on each box next to each respective category below to acknowledge your understanding and agreement with the Merchant Terms and Conditions of Sales and Use of this Web Site:
Identification of the Purchaser
- I agree I am the Cardholder whose name appears on the credit card or debit card I am using for this purchase and that I accept full responsibility for all agreements acknowledged and made herein. Only the Cardholder can use this web site to make purchases.
- The Cardholder agrees and understands that the terms Cardholder, I, me, and my, are all used interchangeably and do not affect the interpretation of this agreement.
- I agree I am at least eighteen (18) years of age.
Special Orders and Custom Orders
- 1) The Cardholder agrees and understands that cancellations and/or changes of an order for any non-stock items (items requiring order from the supplier that are not part of the Merchant’s regular stock inventory including: styles, sizes, features, colors, and/or options) will not be accepted once the Cardholder has submitted the order unless the Merchant agrees to the cancellation/and or changes in writing.
- 2) The Cardholder agrees and understands that any style, size, color, feature and/or option on an item that must be ordered by the Merchant from the Merchant’s supplier on the Cardholder’s behalf (i. e.: anything not in the Merchant’s normal stock and/or that personalizes the purchase for the Cardholder), as solely determined by the Merchant, must be paid for in full before the Merchant will execute my order.
- 3) The Cardholder agrees and understands that personalized items (items not normally sold and/or illustrated on our web site with insignia, wings, devices, badges, patches, paint, artwork, name tags, names, initials, letters, numbers, and/or combinations of names and numbers, etc.) are deemed a custom order and are not returnable for refund or exchange unless the item is damaged or faulty when received, as solely determined by the Merchant.
Returns and Exchanges
- 1) The Cardholder agrees and understands that personalized items (items not normally sold and/or illustrated on our web site with insignia, wings, devices, badges, patches, name tags, names, initials, letters, numbers, and/or combinations of names and numbers, or any other personalization) are deemed a custom order and are not returnable for refund or exchange unless the item is damaged or faulty when received, as solely determined by the Merchant.
- 2) The Cardholder agrees and understands that only stock items, sizes colors, styles, and/or items not personalized in any way (items without insignia, names and/or initials added by any means, or any other personalization) may be returned for refund or exchange. Stock items, sizes colors, and styles are defined as items that are in our stock inventory and do not require special ordering. Regular fittings only will be allowed for return, exchange and/or refund. Sizes that require special ordering, including long or extra-long fittings produced by Eastman Leather Clothing, Ltd., trouser and/or jean sizes smaller than waist size 29, jacket and/or shirt sizes smaller than chest size 38/Medium will not be permitted for return, refund and/or exchange unless the item is damaged or faulty when received, as solely determined by the Merchant, or if the item is immediately on hand in our stock inventory.
- 3) The Cardholder agrees and understands that worn items and/or items that appear as if worn, as solely determined by the Merchant, cannot be returned for exchange or refund. Excessive and/or careless trying on of any item during the inspection period, even if performed indoors, can produce the same effects as wearing an item outdoors, especially creases in the sleeves and soiling in the interior neck area from body oils and perspiration (trying on outerwear while wearing a high-collared shirt and/or neck-protecting drape or scarf is strongly advised and encouraged), and any item displaying characteristics of wear, as solely determined by the Merchant, will not be returnable for refund and/or exchange. Furthermore, the scent of perfumes, colognes, and/or other noticeable odors, such as cigarettes, cigars, pipe smoke, air fresheners, etc., will also be deemed as signs of wear, as solely determined by the Merchant, that will render the item not returnable for refund and/or exchange. Any item sent for return that has any characteristic that precludes its resale again as a new item at full retail price will render that item non-returnable for refund or exchange, as solely determined by the Merchant, and return shipping to the customer will be at the customer’s expense. Carefully trying on items indoors for a reasonable period of time is acceptable and is not considered wearing an item as long as the return item conforms with the same characteristics as would reasonably be expected from a new, unworn item, as solely determined by the Merchant.
- 4) The Cardholder agrees and understands that the Cardholder has seven (7) calendar days from receipt of merchandise (as determined by shipping company records) to inspect the merchandise and make a determination whether to keep or return the merchandise; after the inspection period lapses, all sales will be final unless prior agreement has been granted by the Merchant in writing. Furthermore, if the Cardholder is making a purchase for a special event such as a birthday, holiday, anniversary, etc., the Cardholder agrees to notify the Merchant before or at the time of purchase so the Merchant may extend the inspection period to coincide with the Cardholder’s event needs. All standard stock items and styles in stock sizes purchased between December 7 – December 24 in the same calendar year automatically come with an inspection period extended until January 15 of the following new calendar year.
- 5) The Cardholder agrees and understands that the Cardholder must notify the Merchant within the Cardholder’s inspection period if the Cardholder is making a return for exchange or refund, whereupon the Cardholder will be provided a Return Authorization (RA). Failure to obtain a Return Authorization may result in the refusal of the Cardholder’s return.
- 6) The Cardholder agrees and understands that the Cardholder must make more than one attempt on more than just one day to contact the Merchant to obtain a Return Authorization (RA) if the first attempt at contact is not successful and that the Cardholder must employ telephone communication during listed business hours on the Merchant's website and not exclusively electronic methods of communication commonly known as e-mail/email should the Merchant not be reachable via e-mail/email.
- 7) The Cardholder agrees and understands that the Cardholder has eight (8) calendar days within which to return the merchandise to the Merchant if the Cardholder is making a return within the USA (as determined by shipping company records), which begins on the last day of the Cardholder’s seven-day inspection period, and if the Cardholder is making a return from outside the USA, the Cardholder agrees and understands that the Cardholder has sixteen (16) calendar days to return the merchandise to the Merchant (as determined by shipping company records); the return period begins on the last day of the Cardholder’s seven-day inspection period. Documented errors and delivery failures made by the shipping carrier will not be held against the Cardholder making the return. Extended inspection periods may be granted upon request if the Cardholder contacts the Merchant within the inspection period and the Merchant agrees to the extension in writing. Returns received after the aforementioned return periods may result in the shipment being refused by the Merchant unless the Merchant has agreed to an extended return period in writing.
- 8) The Cardholder agrees and understands that if the Cardholder fails to obtain insurance for any item(s) being returned for exchange or refund and that if the item(s) become(s) lost or damaged in transit, the Cardholder is fully responsible for the safe delivery of the item(s) and the Cardholder cannot claim refund or replacement from the Merchant.
- 9) The Cardholder agrees and understands that all exchange/replacement shipments are subject to additional shipping & insurance charges to the Cardholder’s designated destination and the Cardholder will supply their credit card or debit card details to the Merchant and authorizes the Merchant to debit the Cardholder’s credit card or debit card for the cost of return/replacement shipping & insurance unless the return/replacement is necessitated due to some fault in merchandise, or act and/or omission of the Merchant and/or manufacturer and/or Merchant’s shipping carrier, as solely determined by the Merchant.
- 1) The Cardholder agrees and understands that all refunds (NOT exchanges) will be subject to a re-stocking fee that amounts to 5% of the merchandise total cost, which will be retained by the Merchant when a credit is issued to the Cardholder’s credit card or debit card. This is made necessary due to the fact that card processing companies do NOT return to the Merchant the fees the Merchant pays for ANY sale, not even when a refund is made to the Cardholder.
- 2) The Cardholder agrees and understands that the cost of shipping & insurance the Cardholder paid to receive merchandise is for a service that was used; therefore, the cost of shipping and insurance will not be refunded or credited in the event the Cardholder returns merchandise for a refund or exchange.
- 3) The Cardholder agrees and understands that if the shipping address the Cardholder provides does not match the address in the data base of the shipping carrier employed by the Merchant and the Merchant is charged an address-correction fee by the shipping carrier, the Cardholder agrees to promptly pay this fee upon being contacted by the Merchant and the Cardholder gives the Merchant permission to charge the Cardholder's credit card or debit card for this purpose.
- 4) The Cardholder agrees and understands that the Cardholder must communicate with the Merchant to attempt to resolve any matters before filing a chargeback with the Cardholder's issuing credit or debit card bank. Furthermore, the Cardholder or the legally authorized user agrees to make the Cardholder aware of all charges made with the Merchant, the Merchant’s business name, and the dollar amount of all such purchases made with the Merchant at the time of purchase. If the Cardholder fails to first communicate with the Merchant before filing a chargeback, then the Merchant is fully entitled to recover the chargeback fee from the Cardholder and the Cardholder agrees to pay this fee, which can include payment via the credit or debit card used to make any purchase(s) from the Merchant at the sole discretion of the Merchant.
- 1)The Cardholder agrees and understands that they must cooperate with and must not obstruct the Merchant and/or the Merchant’s agents, insurance providers, shipping companies, law enforcement, etc. in any investigation, prosecution, and/or processing of matters involving loss, damage, and/or theft of a shipment and related merchandise.
- 2) The Cardholder agrees and understands that the Merchant is the sole determining body in determining what will constitute loss, damage, and/or theft of a shipment and related merchandise.
- 3) The Cardholder agrees and understands that the Merchant is the sole determining body in determining what will constitute obstruction and/or failure to cooperate in any investigation, prosecution, and/or processing of matters involving loss, damage, and/or theft of a shipment and related merchandise.
- 4) The Cardholder agrees and understands that obstructing and/or failing to cooperate with the Merchant and/or the Merchant’s agents, insurance providers, shipping companies, law enforcement, etc. in any investigation, prosecution, and/or processing of matters involving loss, damage, and/or theft of a shipment and related merchandise will fully nullify and void the Cardholder’s rights to a refund for payment made for merchandise and/or shipping and insurance fees.
- 5) The Cardholder agrees and understands that obstructing and/or failing to cooperate with the Merchant and/or the Merchant’s agents, insurance providers, shipping companies, law enforcement, etc. in any investigation, prosecution, and/or processing of matters involving loss, damage, and/or theft of a shipment and related merchandise may result in the Merchant seeking payment from the Cardholder for any loss and/or damage the Merchant incurs through the Cardholder’s purchase(s), and the Cardholder agrees and understands that the Merchant is fully and justifiably entitled to recover payment for this.
- 1) The Cardholder agrees and understands that if the Cardholder’s shipment is sent to a destination outside the USA, that any taxes and/or customs duties and/or fees that may be levied against the Cardholder’s merchandise is solely the Cardholder’s responsibility to be aware of and for which to render payment. The Merchant is NOT responsible for knowing the applicable laws in the country of destination for the Cardholder’s shipment and is not responsible for paying any taxes, fees and/or customs duties on the Cardholder’s behalf.
- 2) The Cardholder agrees and understands that if the Cardholder’s shipment is sent to a destination outside the USA, the Merchant is not expected to interact with any governing authorities outside the USA.
- 3) The Cardholder agrees and understands that if returning goods from countries outside the USA (includes APO addresses), the Cardholder must contact the Merchant before making the return in order to obtain details of return; in particular, the specific language to be employed on the customs declaration form for customs entry back into the USA.
- 1) The Cardholder agrees and understands that in this agreement, the singular includes the plural and the masculine includes the feminine and neuter and vice versa unless the context otherwise requires.
- 2) The Cardholder agrees and understands that the capitalized headings in this agreement are only for convenience of reference and do not form part or affect the interpretation of this agreement.
- 3) The Cardholder agrees and understands that if any provision or part of any provision in this agreement is void for any reason, it shall be severed without affecting the validity of the balance of the agreement.
- 1) The Cardholder agrees and understands that, through the use of this web site, they agree to indemnify the Merchant against any claims, losses, liabilities, damages and expenses (including legal fees), arising from their use of this web site.
- 2) The Cardholder agrees and understands that this agreement is made between the Cardholder and the Merchant (History Preservation Associates), and is governed exclusively by the laws of the State of New Jersey in the United States of America. The Cardholder consents to the exclusive jurisdiction in the Superior Court of New Jersey in the county of Camden and agrees that no other territories have proper jurisdiction.
