Terms and Conditions

Section I

Terms of Use Agreement

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you (“user” or “you”), and Winston and Harry and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the www.winstonandharry.us website as well as any other media form or media channel related or connected thereto (collectively, the “Website”). Please note that your use of the Website is also governed by our Privacy Policy, located at “Privacy Policy”. The Website allows users to purchase shoes and related products.

USE OF THE SITES IS SUBJECT TO THESE LEGALLY BINDING TERMS AND CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND TO ACT IN ACCORDANCE WITH THESE TERMS. WE RESERVE THE RIGHT TO CHANGE THE TERMS AT ANY TIME. ANY SUCH CHANGES WILL BE POSTED ON THE SITES AND YOU AGREE TO BE BOUND BY SUCH CHANGES.

Section II

Privacy

Please read our Privacy Policy, which governs the manner in which we will handle any personal information that you provide to us. The Privacy Policy is subject to the terms and conditions of this Legal Statement.

Section III

Intellectual Property

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activities include, but are not limited to:

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws, regulations, and conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.

Section IV

Limitation on Liability

Use of and browsing in the Sites are at your own risk. Neither Company nor any party representing or otherwise affiliated with Company in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of Company’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.

Solicited information that you submit to Company by email in order to register or sign up, purchase products and/or to submit appropriate questions to the Sites are subject to our Privacy Policy. All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by Company and Company may use such materials in any manner that it deems appropriate. For more information on this topic, please see our Privacy Policy.

Section V

Links

Company is not responsible for third party websites that link to or from the Sites. Company does not endorse any such sites or the goods or services offered on such sites. Company disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. Company shall not be held liable or responsible for the content of any sites that link to or from the Sites. 

Company reserves the right but does not have the obligation to:

  1. Monitor the Website for violations of this Agreement;
  2. Take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
  3. Remove from the Website or otherwise disable any and all files and content that, in Company’s sole discretion, are excessive in size or are in any way burdensome to Company’s systems; and
  4. Otherwise manage the Website in a manner designed to protect the rights and property of Company and others, in Company’s sole discretion, and to facilitate the proper functioning of the Website.

Section VI

Accuracy of Information

Company takes reasonable steps to ensure the accuracy of the information included in the Sites. However, Company takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.

Section VII

Refusal of Orders

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to unauthorized voucher use, product availability, and price discrepancy.

Section VIII 

Purchases

You agree to pay Company all charges at the prices then in effect for the products you or other persons using your account or payment method may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. Posted prices do not include sales tax, which will be charged to you when applicable. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Products purchased or otherwise provided through the Website, including shoes, samples and gift items, are for personal use only and are not for resale. All purchases are subject to Company policies and procedures relating to processing, shipping and handling, returns and exchanges, as set forth in this Agreement or on the Website. 

Section IX

Returns

We want you to love your purchase; these are the conditions that apply to returns of products:

  • Only products purchased through the Website may be returned to Company in accordance with this return policy. Company products purchased through any other outlet, including boutiques and third-party retailers, are subject to the return policies applicable to such outlets.
  • Only products in unopened original packaging that have not been tampered with or used in any manner or that are damaged or defective upon delivery may be returned to Company for a refund or exchange.
  • You should inspect products for damage immediately upon delivery. If you notice any damage or believe a product is defective, you should contact us immediately to customercare@winstonandharry.us to file a report. However, in order to qualify to receive a refund or exchange for any such claim, you need to contact us no later than fifteen (15) days from delivery. 
  • To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
  • You must return all products to us within thirty (30) days of delivery of those products, and use a delivery method that allows for shipment tracking.
  • Returned products should be shipped to the following address:

Winston and Harry, 8020 NW 129th Ave, Miami Fl 33182

 

  • You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
  • We are here to help make your return as easy as possible. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
  • If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 5 to 7 business days.
  • Company will not accept merchandise that, in its reasonable discretion, has been used, altered or damaged by you or a third party for which it is not responsible. The company is not responsible in the event that returned packages are lost, stolen, or mishandled.
  • Depending on where you live, the time it may take for your exchanged product to reach you may vary.
  • Company reserves the right, in its reasonable discretion, to refuse to refund or exchange any product that does not strictly comply with the above requirements.

Section X

Late or Missing Refunds

If you have not received a refund yet, first check your bank account again. Then contact your credit card company; it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at customercare@winstonandharry.us

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

We don’t guarantee that we will receive your returned item.

Section XI

Shipping

All orders are processed within 24 - 48 hours of being placed. Orders received on Saturday, Sunday and Holidays will be processed by the next business day. Business day means Monday to Friday between 8 am to 4 pm EST, except holidays. Please note we do not ship on Saturdays, Sundays, and Holidays.

We will ship to any physical address in the United States, Puerto Rico and Canada (Excluding U.S. Territories and Protectorates [American Samoa, Guam, Northern Mariana Islands, U.S. Virgin Islands, Marshall Islands, Federal States of Micronesia, Palau, U.S. Minor Outlying Islands]). We will not ship to P.O. Boxes and APO/FPO Addresses; we will not ship outside of the United States this time. Each package requires signature confirmation therefore timely delivery requires that the customers make themselves available for its reception. 

Section XII

Warehouse

In accordance with U.S. federal holidays, our warehouse will be closed on the following days of the 2022 calendar:

  • New Years Day
  • Martin Luther King Jr. Day
  • Presidents Day
  • ​Memorial Day
  • Juneteenth Day
  • Independence Day
  • Labor Day
  • Columbus Day
  • Veterans Day
  • Thanksgiving Day
  • The Day After Thanksgiving Day
  • Christmas Eve
  • Christmas Day
  • New Years Eve

Section XII

Terms and Termination

This Agreement shall remain in full force and effect while you use the Website and/or are a registered user of the Website. You may terminate your registration with the Website at any time, for any reason, by following the instructions provided on the Website for terminating user accounts.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO TEMPORARILY AND/OR PERMANENTLY (A) DENY ACCESS TO AND USE OF THE WEBSITE AND/OR THE COMPANY SERVICES, TO ANY PERSON, AND (B) REMOVE OR DELETE YOUR PROFILE ON THE WEBSITE AND/OR ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED TO THE WEBSITE, AT ANY TIME AND FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT OR FOR VIOLATION OF ANY APPLICABLE LAW, REGULATION OR CONVENTION.

In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and/or Company Services. Notwithstanding anything otherwise set forth in this Agreement regarding termination of your Website account and/or termination of this Agreement, any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination of this Agreement, shall be deemed to survive, and shall remain in full force and effect, for as long as necessary to fulfill such purposes.