Terms & Conditions
Please read all Exclusive Gentlemen, LLC (hereinafter referred to as “Exclusive Gentlemen”) Terms of and Conditions of sales carefully before downloading, accessing or using this website to purchase any goods, products or grooming products through www.barberart.com.
WARNING: It is a Federal AND State Offense to purchase any product or service by fraudulent means. Any and all products purchased through this web site shall not be used for any unlawful purpose. Should Exclusive Gentlemen becomes aware of any fraudulent transactions or purchases of infringement of trademarks or patent, it reserves the right to forward any and all information on its network to the victim or law enforcement agency, upon any lawful request, without prior consent of the user. This is an unconditional and non-negotiable term of services, and an exception to our privacy policies.
The Following Terms are applicable to all Barberart ® products and any product sold through this website:
2. Electronic Contract for Service. All services, or products, purchased on www.barberart.com are done by electronic format contract. Exclusive Gentlemen, LLC shall make available your agreement in electronic format upon request. You may request access to these electronic records in either Adobe Acrobat or standard text formats. At all times, you retain the right to request and receive documents on paper upon request to Exclusive Gentlemen, LLC via e-mail.
3. Billing and Payment of Charges. The Customer is responsible for paying all charges posted to its account or in an individual purchase, including charges such as shipping, and handling, taxes and other charges related to the particular transaction, on purchases through this website. Charges, including disputed amounts, must be paid at time of purchase before shipping to customer. In the event of charge-backs after shipment of products purchased Exclusive Gentlemen neither waives its rights to payment herein.
4. Credit Card Charges. No Credit Cards payments will be accepted by Exclusive Gentlemen from Credit Card Issuers that are not regulated Credit Card Issuers in the United States of America – U.S. Credit Cards only. If Customer pays by credit card, it thereby authorizes Exclusive Gentlemen to charge the credit card account number for Exclusive Gentlemen for the particular transaction selected and confirmed on our website. Exclusive Gentlemen may terminate your account at any time, in Exclusive Gentlemen’s sole discretion, for declined credit cards or any other non-payment of account charges with the understanding, however, that Customer remains fully liable to Exclusive Gentlemen for all charges accrued from products sold and all charges incurred by Exclusive Gentlemen due to said declines. Notice of any applicable billing discrepancy on the part of the consumer, giving rise to a consumer charge-back by the credit card provider through REG-Z of the United States Code must be first given to Exclusive Gentlemen by the Customer prior to any initiation of a charge back in order to have reasonable time investigate the nature of the Customer’s claim, billing and the charge.
5. Card Network Rules. The Card Networks have established guidelines, bylaws, rules, and regulations (“Network Rules”). Exclusive Gentlemen is required to comply with all applicable Network Rules that are applicable to merchants using an online purchase check-out. These Rules are publicly available from VISA, MASTERCARD and PAYPAL and can be sent to you upon request by Exclusive Gentlemen upon written request. The Card Networks reserve the right to amend the Network Rules. Exclusive Gentlemen also reserves the right to amend its Terms and Conditions at any time as necessary to comply with Network Rules or otherwise address changes in the Credit or Debit Cards it may accept for transactions.
6. Taxes. Any applicable sales, or other taxes, fees or charges imposed on Exclusive Gentlemen as a result of sale of the Products shall incorporate the Sales Tax for the State of Florida, or the Customer’s billing address state’s sales tax, when applicable, and will be added to Customer’s account purchase as imposed or required by law.
7. Purchases by Customers outside the United States. Exclusive Gentlemen does not presently offer or support the Service in any countries other than the United States. If you purchase products from outside of the United States, you will be solely responsible for any violations of local laws and regulations product content resulting from such your use and or the product’s compliance with laws in that country of delivery. We reserve the right to cancel a pending purchase if we determine, in our sole and absolute discretion, that you have purchased products for delivery outside of the United States that may not contain disclaimers or content descriptions consistent with foreign law, but nonetheless compliant with U.S. law.
8. Export Control Laws. The export and re-export of products sold of this website may be controlled by the export laws and regulations of the United States, as amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations if you buy in bulk, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license.
9. Account Number and Password Security. Within this website you may be offered the ability to create a user account for purchases, feedback, and transactional history of your purchase of Barberart ® products. This shall be offered through a secured access consisting of a login name and password. You are responsible for maintaining the confidentiality and security of your login name and/or password used to purchase goods through this website. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Any unauthorized access of the Customer’s account that is the result of the Customer’s negligent handling of any account number or password is expressly the liability of the Customer. The Customer expressly waives all legal defenses and relief against Exclusive Gentlemen for any collectable debt that arises from the unauthorized access of their account, by and through their password, login name and/or account is deemed a result of your own mishandling, negligence, or intentional disclosure of their account login or password.
10. INDEMNIFICATION. The Customer agrees to indemnify, defend and hold Exclusive Gentlemen, its officers, Managers, Members, employees, agents, shareholders, licensors, suppliers, business partners and any beneficial owners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from Customer’s use of any Products or Devices, including, without limitation any violation of this Agreement by Customer. The provisions of this paragraph are for the benefit of Exclusive Gentlemen and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and beneficial owners in regard to the Products or Materials sold through this website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against Customer on its own behalf.
11. TRADEMARKS. All corporate names, service marks, logos, trade names, trademarks (including Barberart ®), websites and domain names of Exclusive Gentlemen (collectively “Marks”) are and shall remain the exclusive property of Exclusive Gentlemen and nothing in this agreement shall grant Customer or any Third party the license to use such Marks. All service marks and trademarks of underlying manufactures are and shall remain exclusively their own, and their appearance on this website shall not be construed in any way to grant or vest the Customer or any visitor, a license or right to copy or use such marks from this website. Such marks are used only to offer and sell the Products of the manufactures.
12. COPYRIGHT. All Content and Materials found at this Website are protected under U.S. Copyright, or, by and through other intellectual property laws. Any commercial use of the Services Software, and Materials found on the Website is strictly prohibited, without the express, prior, written consent of Exclusive Gentlemen. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
13. NOTICE. All notices or other communications made pursuant to this Agreement shall be in writing, and shall be by Certified mail (Return Receipt Requested) or be personally delivered to the Parties at their respective addresses, or at such other addresses as the Parties may designate in writing from time to time. Unless otherwise provided herein, all notices will be sent via email, mail (with confirmation) or by certified mail. Notices will take effect upon receipt.
14. CHILDREN. This Site is not intended for children under 18 years of age. We do not knowingly collect Personal Information from anyone under the age of 18.
Thank you for visiting www.barberart.com.
Effective Date: This policy was last updated on Nov 2, 2017.