PREORDER TERMS OF AGREEMENT

Pre-Orders are a great way to get first pick of our new and unique styles. Pre-orders are different than a regular order and therefore have a different policy. 

Cancellations are allowed as long as it is before the "Preorder Deadline" as stated on the product page. After that date listed on the product page, orders cannot be cancelled.

Pre-orders do take time to produce.  We do have an “estimated” ship date on product pages along with the order deadlines which should provide you an estimated time frame. After the deadline for ordering, products are then manufactured. Depending on the quantity of retail and wholesale pre-orders of like item(s) that have been requested, manufacturing can take between 4-5 months to complete. After we recieve the products and assure of their quality, orders are shipped promptly.

Certain products appeal to some and not to others, hence our “pre-order” offerings. When certain products do not receive enough pre-orders, they are not manufactured. A full refund will be given in this case.

 

BUYER TERMS AND CONDITIONS ACCEPTANCE:

Heyward House, LLC (herein after “Heyward House” “Us” and/or “Seller”) acceptance of your (the “Buyer” and/or “You”) Preorder application and Preorder orders is expressly made conditional on Buyer’s agreement to these terms and conditions. The terms and conditions set forth on this Preorder Terms & Agreements will govern ALL transactions between the Buyer and the Seller. Seller specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery or which contradict or purportedly claim to supersede these terms and conditions. 

By requesting Heyward House to supply Goods to You, You acknowledge and agree (or You are deemed to acknowledge and agree) to these Pre-Order Terms and Conditions.

1.PREORDER RESERVATION

1.1  When placing a Pre-Order for Heyward House Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Heyward House shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to sales@shopheywardhouse.com.

2.PAYMENT AND ORDER TRANSACTIONS

2.1 You will be charged the full Price of the Products at the time of placing the Pre-Order. If Heyward House is unable to commence shipping the Products on or before the one-year anniversary of your placing the Pre-Order, Heyward House shall process a full refund to you. Your placing of a pre­order constitutes your express agreement to Heyward House of charging the full Price of the Products at such time.

2.2 Heyward House may refuse to accept or cancel any order or delivery of goods at any time by giving notice to Buyer.

2.3 Once an order is submitted, you have a timeline of on or before the preorder deadline date to cancel at which time a refund/credit memo will be processed as soon as possible.

2.4 Cancellation fees: Seller reserves the right to charge a cancellation/restocking fee. Buyer shall be charged a 20% cancellation fee. Restocking and/or cancellation fees will be charged to your credit card on file at time of transaction.

3.ORDER PLACEMENT

3.1 Orders can be placed through Our website.

3.2 Orders can be placed by phone at 704-492-2384. If customer service representative is unavailable at time of call, someone will be in contact with You as soon as time permits.

4.SHIPPING AND DELIVERY OF GOODS

4.1 Buyer is to pay and/or incur all shipping costs. Heyward House is not responsible for lost or damaged shipments once they depart our facility. However, we will do our best to help resolve/find the shipment/order.

4.2 If the address on file is not verified, the order may be placed on hold. Address(es) must be verified at time of order placement to avoid any delay or missed delivery.

4.3 Any processing, turnaround time or delivery date(s), written, emailed or verbal, mentioned thereof and/or beforehand is based on estimation. We do not guarantee order(s) will be processed or delivered within the specified schedule. By placing an order, you agree that Heyward House and its affiliates will not be liable for any delays to force majeure events, including any non-performance third party service providers.

4.4 If Buyer is unavailable when delivery is attempted, delivery will be rescheduled. If we are unable to reach You and all such delivery attempts are failed, You will be liable to pay a restocking fee as set forth in the Returns and Refunds section (Section 5) in this document.

4.5 Orders will be shipped via Fedex, UPS and/or USPS. Delivery service may be chosen by Buyer from the aforementioned providers. However, Heyward House will not be liable for any insurance offered by the carrier(s). We make no representation for obtaining and give no warranties in respect to such insurance. Buyer is responsible for any and all insurance required for obtaining the shipment of goods.

4.6 Heyward House does not offer international shipping at this time.

5.RETURNS & EXCHANGES

5.1 Heyward House does not accept returns or exchanges unless item(s) are defective (due to manufacturing) or the wrong product was sent. Under certain conditions, as determined by Heyward House, exchanges may be made for unsatisfactory merchandise. The unsatisfactory merchandise must be unaltered and in original packaging with all tags attached. If available, the item will be replaced and shipped to Buyer promptly upon receiving the defective item(s).

5.2 Buyer must make any claim(s), including but not limited to shortages, specifications, or manufacturing defect(s) within 7 days of receiving the goods. Heyward House is not responsible for shortage when shipments are made by a third party. It is Buyers responsibility to inspect upon receipt that the goods delivered matches the product(s) ordered/invoiced.

5.3 If only part of order is deficient, the order may only be remedied for the defective item(s). Seller reserves the right to choose how a partial defective order is handled.

5.4 Buyer agrees to ship defective item(s) and/or returned item(s) within 30 days of delivery. Buyer incurs all shipping costs unless a prior written agreement is made with Heyward House or its representatives. If Buyer does not ship deficient/defective items within the 30 day window, Buyer accepts and understands that no refund will be given.

5.5 Buyer understands that any returned item(s) may not have replacement(s) available. The amount of the item(s) will be credited to your account after deducting shipping charges, which is non-refundable.

5.6 Buyer acknowledges and understands that items damaged to improper handling, misuse, or as accident, as determined by Heyward House, will not be accepted.

5.7 If Buyer modifies Heyward House product(s), goods are immediately ineligible for return or exchange. Once merchandise is printed, garment dyed, washed or altered in anyway, the Buyer cannot return or make a claim relating to such merchandise.

6.LIABILITY

6.1 Heyward House shall not be liable:

- where Buyer has altered or modified Goods, misapplied the Goods, or have subjected them to unusual or non-recommended use or handling.

- for defects in any Goods manufactured by any Third Party;

- for loss or damages caused wholly or partly by any factors beyond our control, including, without limitation, any loss resulting from a delay in production or supply of the Goods;

for any indirect or consequential loss of any kind

7. EXCLUSION OF IMPLIED WARRANTIES

7.1 Heyward House shall to the extent permitted by applicable laws, and in respect of any legal basis for a claim NOT BE RESPONSIBLE for any product liability or for any direct or indirect business interruption loss, consequential loss, loss of profit, or any other loss whatsoever. There are no implied warranties of merchantability and fitness applying to the Goods sold by Seller. In any event, the maximum liability shall be equal to repayment by Heyward House to the Buyer of the payment made for the delayed or defective part of the order.

8. AGE AND RESIDENCY

8.1 You acknowledge that you are at least 18 years old, are a resident of the Unites States, and will take delivery of your Product in the United States.

9.JURISDICTION

9.1 Any transactions between the Buyer and the Seller are governed by the laws of South Carolina. To the extent that any court proceedings are commenced, the Buyer and any Guarantor hereby consent to the jurisdiction of the courts of Rock Hill, SC, for any claims or controversies arising in the sale of garments by the Seller to the Buyer. The Seller also reserves the right to sue the Buyer or its Guarantor in the province or state of its domicile. However, the foregoing shall not in any way diminish or limit the arbitration provisions set forth below.

10.ARBITRATION

10.1 AGREEMENT TO BINDING ARBITRATION - Heyward House and Buyer agree that upon the demand of either party, any claim or dispute between Heyward House and Buyer and/or any of either parties' parent corporation's, successor entities, present and/or former subsidiaries, divisions, and affiliated entities, as well as each of their present and/or former shareholders, directors, officers, employees, attorneys, agents, contractors and representatives ("Agents"), shall be determined by binding arbitration as set forth in this Agreement. Heyward House and Buyer hereby covenant not to file a lawsuit against each other in contravention of this Agreement. The parties shall be entitled to all of the same remedies as those available for comparable actions in courts. The parties shall be entitled to be represented by independent counsel of their choosing.

10.2 KNOWING AND VOLUNTARY CONSENT TO BINDING ARBITRATION AND WAIVER OF RIGHT TO JURY TRIAL - Heyward House and Buyer hereby acknowledge that they have read and understand the terms of this Arbitration Agreement, and are voluntarily agreeing to its terms. Heyward House and Buyer also understand that by using binding arbitration to resolve disputes, they will be giving up any right they may have to a judge or jury trial.

10.3 COSTS OF ARBITRATION - The Parties shall each bear their own costs and attorney's' fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorney's' fees of the other party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be ordered.

11.AMENDMENTS

11.1 These terms and conditions may be amended or replaced from time to time by Heyward House. Any amended/replaced and/or modified Preorder Terms & Conditions shall supersede all previous versions of these terms and conditions unless any provision is retained in the modified terms and conditions. Submitting an order or otherwise using your Preorder account after any such modification shall be construed as your explicit consent to accept the modified Preorder Terms and Conditions.

AGREEMENT AND ACKNOWLEDGEMENT

Buyer(s) have carefully read and agree to these Terms and Conditions. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining terms and provisions of this agreement will remain in full force and effect and shall in no way be affected, impaired, or invalidated.

This agreement was written 05/20/2022

CONTACT US

If You have any queries or concerns regarding our pre-order terms and conditions hereof, please contact our support team at sales@shopheywardhouse.com. We will respond as soon as we can.