HERLOWE
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© Copyright 2022 Cottage Lush Inc.

TERMS + CONDITIONS

CUSTOMER CARE

Welcome to the HERLOWE Website (the “Site”). HERLOWE and its subsidiaries (collectively, “Cottage Lush Inc., “we”, “us”, and "our") will be referred to throughout this policy.  HERLOWE provides services to you, subject to the notices, terms and conditions set forth in this agreement (“the Agreement”). Additionally, when you use any of our online services (such as Customer Reviews), you will be subject to the rules, guidelines, policies, terms and conditions made applicable to such services and they are incorporated into this Agreement by this reference. HERLOWE reserves the right to modify these Rules, Terms & Conditions from time to time. By accessing, browsing or otherwise using this website, you (the User) agree to be bound by the Terms & Conditions in effect at the time you access the site, as outlined below. If you do not agree with the terms outlined in this Agreement, please do not use this website.  We reserve the right to change this Agreement at our discretion without notice to you.

USE OF THIS WEBSITE

The Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving HERLOWE's goods and services on their own behalf. No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. The Site is not for any commercial use or for any third party, except where explicitly permitted by us in advance. Any breach of this Agreement shall result in immediate revocation of Site use without notice to you.  You may not interfere with the security of, or otherwise abuse the Website or any system resources, services or networks connected to or accessible through the Website. You may only use the Website for lawful purposes.

PRIVACY POLICY

We are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe how we collect, use and disclose the personal information of those individuals who visit the Website. Please see our Privacy Policy for further details.

AGE RESTRICTIONS

This Website is intended for use by adults only. You should not use this Website to purchase any of our Products unless you are of the age of majority in the jurisdiction in which you reside and access this Website. By using this Website you represent that you are of legal age to enter into any purchase agreement through this Website and will be bound by its Terms. If you are under the age of majority in the jurisdiction in which you reside and or access this Website, your parent of guardian should use this Website on your behalf and you should not use the Website on your own or provide any personal information to HERLOWE. We do not knowingly collect information from children under the age of 13.

INFORMATION WE COLLECT WHEN YOU USE OUR SERVICES

When you use our Services, we may collect information about the Services you use and how you use them. We do this to ensure that we are offering you the best products and services in a secure environment, and as part of our efforts to constantly improve your experience. In this process, we may collect and use your personal information relating to your purchasing trends at HERLOWE, technical details about your browser and mobile device use and location (i.e., whether you are using a tablet or smartphone to visit our websites), and your viewing and usage trends in order to analyze and offer you customized advertising, products and services.

PROHIBITED USE OF THIS WEBSITE

You agree to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from HERLOWE. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Site must be accurate, complete, and current.

 

By using the Site, you agree not to violate or attempt to violate the security of the Site, including, by way of illustration but not limitation, actions such as:

 

  • Accessing data not intended for you or logging into a server or account that you are not authorized to access;

  • Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  • Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Site;

  • Sending unsolicited or unauthorized email, including promotions and/or advertising of products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and forging any TCP/IP packet header or any part of the header information in any email or posting;

  • Using the Site in a manner that is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);

  • Interfering with or disrupting the Site, services connected to the Site, or otherwise interfering with operations or services of the Site in any way;

  • Infringing any copyright, trademark, trade secret, patent or other right of any party, or defaming or invading the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);

  • Causing us to lose (in whole or part) the services of our internet service providers or other suppliers;

  • Linking to materials or other content, directly or indirectly, to which you do not have a right to link;

  • Using the site in a manner that is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by HERLOWE in its sole discretion;

  • Harvesting or otherwise automatically collecting any information (including without limitation personal information) about other users of the Site, including, without limitation, e-mail addresses, without the express consent of such users;

  • Copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Site or any portion thereof;

  • Violating, or encouraging anyone to violate this Agreement, any ancillary terms and conditions listed on the Site, or the Privacy Policy; or

  • Violating, or encouraging anyone to violate, any applicable local, provincial, national, or international law, regulation or order;

  • Posting any information which is incomplete, false, inaccurate or not your own.

OWNERSHIP OF INTELLECTUAL PROPERTY

Trademarks: HERLOWE, and other trademarks, service marks, trade names, and trade dress indicated on our Site(s) are trademarks or registered trademarks of Cottage Lush Inc. in Canada and the United States.  All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark owned or controlled by Cottage Lush Inc.

Copyright: All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Site are the copyrighted property of HERLOWE or its third-party licensors to the full extent provided under the Canadian Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. The Site and the information contained in reference herein are for your personal, non-commercial use only.

MANAGING YOUR PREFERENCES

By using the Services or submitting information to us in connection with using the Services, you are providing your consent to the collection, use, storage, disclosure and retention of personal information as set out in our Privacy Policy.   You can opt out of receiving promotional emails at the time of receiving promotional emails.  Alternatively, you may let us know that you do not wish to receive promotional communications by sending us a message in the "Contact" section on our website or via email directly at contact@herlowe.com.  Please note that if you opt out of receiving promotional messages from us, we may still send you non-promotional communications, including emails about your accounts or purchases.

PRODUCT PURCHASES, USER ACCOUNT, AND PASSWORDS

If you elect to register on the Website for the purchase of Products or otherwise, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account by any third party. You agree to be responsible for all activities on the Website that occur on your account or password. HERLOWE reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.

PRODUCT INFORMATION AND AVAILABILITY

Products which are displayed on this Website and that may be purchased are available for sale and distribution to customers in Canada and the US only. HERLOWE attempts to be accurate in describing all Products available for sale, however, HERLOWE does not warrant that Product descriptions or other content of this Website are accurate, complete, reliable, current or error-free as they are updated regularly and change from time to time. HERLOWE is not responsible for typographical errors regarding the price or any other matter indicated, nor can we guarantee that the user's monitor will accurately portray the actual colours of the Products.

HERLOWE is a retailer for several Canadian and US brands.  The availability of certain Products may be limited and/or not be available for immediate delivery. HERLOWE may cease to make Product(s) available at any time without prior notice in its sole discretion. In the event that HERLOWE is unable to deliver a Product ordered, we will notify you via e-mail and your order (the "Order") will be either automatically cancelled if the Product is unavailable or contact you to allow you to maintain your Order subject to a revised delivery time if and when the Product becomes available. All prices are subject to change. 

 

At the sole discretion of HERLOWE, proof of credit card ownership accompanied by valid personal identification may be requested.  If you choose not to provide the aforementioned information, your order will not be processed and all funds will be returned in the form of the original payment.  If you do not agree to these terms, please do not order products from the HERLOWE website.

Any and all issues with food products that are purchased through the HERLOWE website will initially be managed by HERLOWE depending on circumstances.  Any and all issues with food products such as sickness or allergic reaction (but not limited to) will be the sole responsibility and liability of the wholesale seller from which HERLOWE purchased the product(s).  Under the aforementioned circumstances, HERLOWE dissolves any and all responsibility and liability, and any and all resolution(s) requested and/or required must be negotiated/determined between the customer and the wholesale seller of the purchased product(s) solely.  If you do not agree with these terms, please do no not order food products from the HERLOWE website.

Although the skincare/wellness beauty products we sell use organic and natural ingredients in their products, everyone's skin is different. If you experience an allergic or negative reaction to any of these products, please discontinue use. HERLOWE is not responsible for any skincare/wellness beauty efficacy claims, product results, nor mild or severe reactions to products.  If you do not agree with these terms, please do no not order skincare/wellness skincare products from the HERLOWE website.

PRODUCT ORDERS

Before submitting an Order for the purchase of Products using this Website, you will move through several steps including:

1.      Shopping Cart

2.      Your Information

3.      Review and Submit

4.      Order Confirmed

When you submit your Order by pressing the button for "Order Confirmed" describing among other things, the Product(s) to be ordered, the purchase price, and any applicable charges for shipping and taxes, the Order will constitute an offer from you to HERLOWE to purchase the Product(s) described in the Order confirmation for the price and subject to the other charges, and terms and conditions as set out in the Order Confirmed section.

As previously mentioned, this Website and its contents are not to be construed as an offer to sell any product or service. Orders are not binding on HERLOWE until accepted by HERLOWE. HERLOWE's acceptance of your Order will be evidenced by return e-mail from HERLOWE to your e-mail address indicating that your Order has been accepted.

PRODUCT PRICING

All prices and Product orders are quoted and will be processed in Canadian dollars. Although HERLOWE strives to provide accurate product and pricing information, errors may occur. HERLOWE reserves the right to correct any errors in pricing or product information and to modify the prices of products, at any time, without prior notice. HERLOWE cannot confirm the price of a product until after you submit an Order for the product. In the event that the price or related information of a product as described on the Website and/or the "Order Confirmed" section of the Order processing section of the Website is incorrect due to an error in pricing or product information, HERLOWE may, in its sole discretion, refuse or cancel the Order, whether before or after HERLOWE's acceptance thereof. If there is such an error in pricing, HERLOWE may cancel the Order and reverse any charges that have been applied and contact you to request that you place a new Order for the product at the correct price.

Any discounts offered are NOT valid with any other promotions including Loyalty Rewards. Each promotional discount is solely to be used on it's own for any purchase. For example, you receive 10% off for signing up - this discount cannot be used on any SALE items, nor in conjunction with your Loyalty Rewards.

CLAIMS OF NOT RECEIVED OR DAMAGED PACKAGES

All claims of not received packages/orders must endure a 10 day investigation involving the purchaser, the courier company, and HERLOWE beginning the day of the claim.  The claim must be resolved before any possible refund is issued.  If it is proven by the courier company that the package/order was delivered to the correct purchaser/recipient and address, no refund will be issued.  If the package/order becomes "lost" by the courier, a replacement package/order will be shipped to the purchaser, or upon request, a refund will be issued.

Please see our Returns & Exchanges Policy for more information. >

E-GIFT CARDS

HERLOWE e-Gift Cards are redeemable towards merchandise online at www.herlowe.com.  E-Gift Cards are not refundable.  Funds do not expire and cannot be redeemed for cash or used to purchase other e-Gift Cards. HERLOWE is not responsible for compromised cards, or any unauthorized use.

For any purchase exceeding the value of an e-Gift Card, the balance owed must be paid with one additional form of accepted payment.

We do not track e-Gift Card balances.  You are responsible for knowing the balance of your e-Gift card.

Delivery of an e-Gift Card to an incorrect email address as provided by the purchaser is the responsibility of the purchaser.  E-Gift Cards received in error, including an error in the amount issued, are subject to cancellation.

Refunds on purchases made with e-Gift Cards will be applied to an e-Gift Card.

No change will be given for any unused e-Gift Card balance unless required by Canadian law.

Acceptance or use of an e-Gift Card constitutes agreement to these Terms and Conditions. HERLOWE reserves the right to change the Terms and Conditions at any time.

CONSIDERATION

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site and receipt of data, materials and information available at or through the Site.  By using this Site, you agree to the Terms and Conditions of this Agreement.

DISPUTES AND AGREEMENT TO ARBITRATE

Except where and to the extent prohibited by law, which may include the province of Quebec, and/or the US (United States of America) by using the Site, you and HERLOWE agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

Both you and HERLOWE agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.  Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.  All such Disputes shall be exclusively submitted to HERLOWE's Barrister & Solicitor for binding arbitration under its rules then in effect, before one Canadian arbitrator is to be mutually agreed upon by both parties.

The arbitrator, and not any federal, provincial, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including any claim that all or any part of these Terms and Conditions are void or voidable.  If you do not agree with these terms, please do no not use the HERLOWE website.

LINKS TO OTHER SITES

We may include links from our site to sites that are owned by entities that are not affiliated with HERLOWE. HERLOWE does not operate or control the content of these third party sites. We also do not control the goods or services offered through these sites. When and if you access one of these sites through a link on this Site, you do so at your own risk. When you click on the link from our Site to the other site, you actually leave the herlowe.com Site. HERLOWE expressly disclaims any liability for any issues you may experience while you are visiting any other site.

CANCELLATION

HERLOWE reserves the right, in its sole discretion, to limit quantities sold, terminate user accounts and to refuse or cancel any Order even if the Order has already been submitted, whether or not the Order has been confirmed or accepted and whether or not your credit card or pay account has been charged. In the event that your Order is cancelled after your payment has been processed, HERLOWE will issue a full refund to you.

TERMS OF PAYMENT

Terms of payment for Products purchased through this Website shall be determined in HERLOWE's sole discretion. Payment shall be made by Credit Card, Debit Card, or PayPal.  Any payment made by credit card, debit card, or paypal shall be subject to the approval of the financial institution that has issued the credit card or other method of payment.

 

Pre-Authorization Holds: 

When customers are charged for their purchase, a preauthorization equal to the amount of the order will be applied to the credit/debit card used for the transaction at the time of order. Preauthorization is the common practice within the banking industry of authorizing electronic transactions done with credit/debit card and holding the balance as unavailable either until the merchant settles the transaction or the hold is removed. Depending on the cardholder’s banking institution, a preauthorized hold may initially appear as a charge. This bank hold is temporary, and only the actual charge will be applied to the card when the order is shipped.


Orders including multiple items may be shipped separately. Each individual shipment may have an additional preauthorization equal to the individual shipment value. Again, these holds are temporary and only the actual charge will be applied to the card when the order is shipped.


Please note, HERLOWE is not able to release the bank's temporary hold on authorized funds and cannot be held responsible for the policies of the customer's banking institution regarding the holding of preauthorized funds. Preauthorization fund holds last for varying periods, depending on the issuing card company's policy. Should a concern arise regarding preauthorization, we strongly suggest contacting the issuing credit card company or bank directly.

SHIPPING RISK OF LOSS AND TAXES

HERLOWE will ship Product(s) ordered by you according to the delivery method indicated at check-out and to the address indicated in the Order Confirmation. Delivery times provided by HERLOWE are only estimates and HERLOWE shall not be responsible for any damages or costs resulting from any delays in delivery of the Product(s) Ordered.

Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, provincial or other sales or any other taxes or dues. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Customers are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes and duties associated with the order which may be charged in their jurisdiction.

All Product(s) purchased from HERLOWE are delivered via third party delivery companies, pursuant to a shipping contract. You shall become the owner of the Product(s) and assume the risks of loss from the time of delivery by HERLOWE of the Product(s) to the third party delivery company.

RETURNS, REFUNDS, EXCHANGES, & SHIPPING

Please see our Returns, Refunds, and Exhanges Policy >

Please see our Shipping Policy >

EXCLUSIONS AND DISCLAIMER OF WARRANTIES

For the purposes of this Section "HERLOWE" shall include Cottage Lush Inc.'s respective Director, Officers, Employees, Agents, Mandatories, contractors and any third party supplier or contractor.

Please Note: This Section shall survive the termination or expiry of this agreement concerning the terms and conditions of use.

LIMITATION OF LIABILITY

HERLOWE will not be responsible for any damages or losses of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, howsoever caused, including but not limited to the following:

 

In no Event will HERLOWE be Liable for damages or losses resulting from viruses including computer or web based viruses, data corruption, failed messages, damages arising as a result of same or transmission errors or problems, telecommunications service providers, HERLOWE's contractors, third-party suppliers of products or services, damages or losses caused by the user or purchaser or their respective employees or otherwise known connections, agents, subcontractors, or other events beyond the reasonable control of HERLOWE.

 

If, notwithstanding the limitations noted herein, HERLOWE is found to be liable for any damage(s) or loss in connection with this website, in no case shall HERLOWE's total liability arising under any cause whatsoever including without limitation breach of contract, negligence, gross negligence or otherwise, be for more than the amount paid by the user or purchaser for the specific product(s) ordered under this agreement and to which the claim relates.

 

If you are dissatisfied with these terms or any terms found on this website, your sole and unique remedy is to discontinue using and accessing the HERLOWE website.

BINDING EFFECT

These Terms and conditions herein shall inure to the benefit of and are binding upon each of the parties hereto and their respective successors and assigns.

GOVERNING LAW

This Website is controlled, owned and operated by Cottage Lush Inc. located in Ontario, Canada and these Terms, this Website, any use of this Website and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws.

SEVERABILITY

If any one of these Terms or Conditions shall be deemed invalid, void, or for any reason unenforceable, then such Term or condition shall be deemed severable from the remaining Terms and Conditions and shall not affect the validity and enforceability of any remaining Terms and Conditions.

JURISDICTION

HERLOWE makes no representation that materials, information or Products provided on or through this Website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

USE OF COOKIES

Please see our Privacy Policy.

HERLOWE may use "cookies" to track your preferences and activities on the HERLOWE Website. Cookies are small data files transferred to your computer's hard-drive by a website. They keep a record of your preferences making your subsequent visits to the website more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website.

Please see your browser's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. Without cookies, some of the website's functions may however not be available, and the user will lose some of the benefits of the website.  The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies.

NO WAIVER

HERLOWE's failure to enforce any provision(s) of these Terms or Conditions or to respond to a breach by you or any third party of these Terms or Conditions shall not in any way waive the right of HERLOWE to subsequently enforce any of the Terms and Conditions contained herein or to act with respect to other similar or future breaches.

ENTIRE AGREEMENT

The Terms and Conditions, together with all other agreements, Terms or Conditions incorporated or referred to herein constitute the entire agreement between you and HERLOWE with respect to the use of this Website and any transaction conducted on or from this Website and its contents, supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by HERLOWE making such amendments or modifications available to it pursuant to the Terms and Conditions hereof.

NO ASSIGNMENT

You may not assign your rights or obligations herein without the express written consent of HERLOWE.

COMMENT POLICY

HERLOWE reserves the right to restrict comments that do not contribute constructively to the conversation at hand, contain profanity or crude language, personal attacks, false information, copyrighted information or seek to promote a personal or unrelated business. (To clarify on the last point, please don’t add a self-promoting shout-out to your URL in the comment field.)

Any post found to be in violation of any of these guidelines will be modified to remove the offending text or deleted without warning.

By submitting your content, you grant HERLOWE permission to reproduce your content to our discretion. For example, HERLOWE may occasionally include your comments, reviews, etc. as endorsements in marketing campaigns. If you don’t want your comment to be used for such purposes, explicitly state so within the body of your comment and HERLOWE will comply with your request.

If you find evidence of offending material in the comments on this site, contact us at at contact@herlowe.com and we will remove the offending material as soon as possible.

HERLOWE shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. HERLOWE retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information (unless receiving written permission from Cottage Lush) or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Cottage Lush Inc./HERLOWE and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

TERMINATION

HERLOWE reserves the right, to terminate your access to all or any part of this Website, with or without notice in its sole discretion.  If you do not agree with these terms, please do not use the HERLOWE website.

HEADINGS

The headings used herein are inserted purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms and Conditions herein.

CONTACT

If you have any questions or concerns regarding the Site or this Agreement, please contact us by email at contact@herlowe.com.