Welcome to henrymencia.com (the "Website"), operated by me, Henry Mencia ("I," "me," or "my"). These Terms and Conditions ("Terms") govern your use of the Website and your purchase of products, including but not limited to posters, hats, beanies, mugs, t-shirts, jumpers, tote bags, hoodies, and other merchandise (collectively, "Products"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website or purchase my Products.
1.1. Eligibility: You must be at least 18 years old or have the consent of a parent or legal guardian to use the Website or make purchases. By using the Website, you represent that you meet these eligibility requirements.
1.2. Changes to Terms: I reserve the right to modify these Terms at any time. Any changes will be effective upon posting on the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.
1.3. Privacy Policy: Your use of the Website is also governed by my Privacy Policy, which outlines how I collect, use, and protect your personal information. Please review the Privacy Policy at [insert link to Privacy Policy].
2.1. Product Descriptions: I strive to ensure that all Product descriptions, images, and prices on the Website are accurate. However, I do not warrant that Product descriptions or other content are error-free. If a Product is not as described, your sole remedy is to return it in accordance with my Return Policy (see Section 5).
2.2. Pricing: All prices are listed in USD and are subject to change without notice. Prices exclude taxes, shipping, and handling fees, which will be added at checkout where applicable.
2.3. Order Acceptance: All orders are subject to acceptance by me. I reserve the right to refuse or cancel any order for any reason, including inaccuracies in Product or pricing information, or issues identified by my fraud prevention team.
2.4. Payment: I accept payments through [list accepted payment methods, e.g., credit/debit cards, PayPal]. You agree to provide accurate payment information and authorize me to charge the full amount of your order, including taxes and shipping fees, to your chosen payment method.
3.1. Shipping: I ship Products to [list countries or regions you ship to]. Shipping costs and estimated delivery times are provided at checkout. I am not responsible for delays caused by shipping carriers, customs, or other factors beyond my control.
3.2. Risk of Loss: Risk of loss and title for Products pass to you upon delivery to the shipping carrier.
3.3. International Orders: For international orders, you are responsible for any customs duties, taxes, or fees imposed by your country. I am not responsible for delays due to customs processing.
4.1. Return Policy: I accept returns of unused, undamaged Products within 30 days of delivery, subject to my Return Policy. To initiate a return, contact me at [insert contact email] with your order number and reason for return.
4.2. Refunds: Refunds will be issued to the original payment method within [insert time frame, e.g., 7-10 business days] after I receive and inspect the returned Product. Shipping costs are non-refundable unless the return is due to my error.
4.3. Non-Returnable Items: Custom-made or personalized Products, and Products marked as final sale, are non-returnable unless defective or damaged upon receipt.
5.1. Ownership: All content on the Website, including text, images, designs, logos, and Product designs, is owned by me or my licensors and is protected by copyright, trademark, and other intellectual property laws.
5.2. Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works of any content without my prior written consent.
6.1. Prohibited Activities: You agree not to:
6.2. Account Security: If you create an account, you are responsible for maintaining the confidentiality of your account information and password. You agree to notify me immediately of any unauthorized use of your account.
7.1. Disclaimer of Warranties: The Website and Products are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2. Liability Cap: To the fullest extent permitted by law, my total liability for any claim arising out of or relating to these Terms, the Website, or the Products shall not exceed the amount you paid for the Product(s) giving rise to the claim.
7.3. Exclusions: I am not liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or use, whether in contract, tort, or otherwise, even if advised of the possibility of such damages.
You agree to indemnify, defend, and hold me harmless from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Website, violation of these Terms, or infringement of any third-party rights.
9.1. Governing Law: These Terms are governed by the laws of Queensland, Australia, without regard to its conflict of laws principles.
9.2. Dispute Resolution: Any disputes arising from these Terms or your use of the Website shall be resolved through binding arbitration in Brisbane, Queensland, in accordance with the rules of the Resolution Institute. You waive the right to participate in a class action lawsuit or class-wide arbitration.
I reserve the right to suspend or terminate your access to the Website at my sole discretion, without notice, for any reason, including violation of these Terms.
11.1. Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and me regarding the Website and Products.
11.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
11.3. No Waiver: My failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If you have any questions about these Terms or the Website, please contact me at:
Henry Mencia
Email: studio@henrymencia.com
Thank you for shopping with henrymencia.com!