Terms of Use Agreement

Reading long and boring legal documents is not our jam. But just so we’re on the same page, here are the rules of engagement for using our services.

 
 
 

Last Updated: January 2018

Introduction

Welcome to Heroshe.com! Heroshe, LLC and/or its affiliates & subsidiaries (referred to as “Heroshe,” “we,” or “our”) own this website and use it to provide information and services. This agreement outlines the terms and conditions that apply to using the website and services. They apply to everyone who uses this site—whether or not they become a registered customer. By staying on this website and/or using our services, you (referred to as the “customer” or “visitor”) agree to these conditions. Please read them carefully. If you do not agree with these terms, you must not use this website or our services.

Scope

We offer a wide range of services and content and sometimes additional terms may apply. You are subject to those terms and conditions. If these terms of use are ever inconsistent with the terms and conditions of the services, the terms of use here control.

Changes to the Terms of Use

We reserve the right to change these terms of use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website and our services thereafter. You acknowledge and agree that it is your responsibility to review this Terms of Use Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such changes is your acknowledgment and agreement to the modified terms and conditions.

Changes to the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website, to users, including visitors and registered customers.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website; and
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Privacy

Your privacy and security is important to us. Please read our privacy policy, which is hereby incorporated, to understand our practices and how they impact you.

Your Account

To access the Website or most of the services we offer, you will be asked to provide certain registration details or other information, including but not limited to identification information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. Accordingly, you are responsible for all activities that occur under your account. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. You agree to

  • Notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security;
  • Ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information;
  • Refrain from accessing (or attempting to access) any of our content, resources, or services by any means other than through the means we provide, included but not limited to, automated, unethical, or unconventional means;
  • Refrain from engaging in activity that is disruptive or interferes with our resources, including the servers and/or networks to which our Website, resources, and services are located or connected to; and
  • Refrain from copying, duplicating, reproducing, selling, trading, or reselling our services and content.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

Additionally, one part of our service involves Heroshe providing you with an email address and a shipping address connected to your account. This address and email address can only be used in conjunction with and according to the terms outlined here. Any use outside the stated scope, violates our terms of service and we reserve the right to stop service in response. Do not use the email address and shipping address for personal matters unrelated to your orders and their procurement.

Account Verification

To protect our customers and to comply with the law, in most cases we require customers to provide proof of an original, valid, government-issued photo identification. If the photo identification does not have the applicable address, proof of residency may be required. These procedures are in place to protect against identity theft and ensure that your packages are delivered accurately.

Electronic Communications

When you use any Heroshe service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Website or through the other Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Services

Heroshe through its website, subsidiaries & affiliates provides international procurement and logistics services from USA to individuals and businesses in Nigeria requesting products from Online Retailers.

Paid Services and Fees

Some of Heroshe’s services are available only by submitting a fee payment. For example, to have Heroshe ship items you’ve ordered to Nigeria, you will need to pay a shipping fee. The shipping fees, which include all clearing of customs and duties, are published on the site in advance. When orders are made, shipping invoices will be sent out every week. The payment balance on shipping invoices must be paid prior to international shipment.

In some instances, where you have opted to subscribe to our services, you may even register to pay monthly and annual fees billed in regular intervals automatically. In order to provide uninterrupted service to you, these monthly or annual charges will happen automatically. However, you have the freedom to disable the auto-renewal or cancel your subscription at anytime. Unless that occurs, we will charge you the applicable amount using your preferred method of payment that you have filed with us. Your renewal period in such instances will be equal in time to the renewal period of your current subscription.

Only payment methods stated on our websites are accepted as legitimate modes of payment. Currently, we accept all major credit and debit cards in local currency. We also allow individuals to pay via bank transfer and cash deposit.  No individual or agency outside the communicated account representatives and bank institutions is authorized to accept payment on our behalf. We are not responsible for losses from dealings with or payments to un-authorized parties. Payment for an order by the Customer indicates acceptance of this agreement and authorization to proceed with the order.

When you provide your payment information, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If these, or any other payment terms are not met, we reserve the right to withhold order shipping processing.

Customer Responsibilities

All charges required to fulfill a Customer’s order request including item cost, taxes, shipping and handling charges, and service fees, currently in effect or established in future, will be billed to the Customer. It is the Customer’s responsibility to provide accurate information while completing our order form and to make sure that all requested product listed or advertised on any US Merchant website meets Customer exact taste, quality and budget before submitting an order form to Heroshe.

Transactions Between You (the Customer) and the Seller

Heroshe provides services that allow you to purchase items from online sellers and have the items shipped to your home country, however, Heroshe is not responsible for the quality, appearance or attributes of every item (s) requested and ordered for a Customer because Heroshe is not the seller of the item.

You are responsible for contacting every US Merchant you are requesting products from or making payments to before submitting an order request with Heroshe in order to clarify ambiguous or missing product details and thoroughly read product descriptions, size charts, voltage details, product weight, product reviews, product return, product exchange, payment cancellation and payment refund policies.

  1. By submitting an order request to Heroshe, you imply that you are satisfied with the product or payment details and they have read and agreed to the US Merchant(s) terms and conditions from which their order or payment will be placed or processed.
  2. We will not be responsible for any issues arising from product incompatibility, inaccurate product and payment information.
  3. We do not endorse any brand or guarantee brand quality. Our recommendations and suggestions do not constitute endorsements of brands. We do not issue any form of product warranties. The only warranties that exist are those between the customer and the manufacturer—even if the warranty purchase was requested using our services. If a product exchange is desired, it is the responsibility of you, the customer, to communicate your desire with the seller. We may, upon your request, arrange for the return delivery of item(s) ordered from the seller if the goods are still in Heroshe’s custody, however, applicable return charges will apply.
  4. Though we may provide links to the sites of affiliated companies and certain other businesses, we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

We reserve the right to take pictures of products purchased through our services without prior notice to Customers for the purpose of brand advertisements and promotions including video ads, web banner ads, print ads, social media ads and any other branding or marketing collaterals.

Amazon & Affiliate Disclosure

While browsing this site, you may also come across links to third party sites that may be defined as affiliate links. This simply means that we may receive a payment or commission (at no cost to you) if you purchase items through the links on our site.  Most specifically, Heroshe, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

International Shipping Insurance

Heroshe provides shipping insurance and/or parcel protection against loss, theft, or damage for Customer orders being shipped. This protection covers these orders once they are in our possession in our warehouse and during transit to Nigeria.

Right to Decline

Heroshe reserves the right to decline or cancel a Customer’s request for any of our services if it suspects fraud, considers the request abhorrent, contradictory, illegal or beyond the scope of our company goals, core values and service offerings. Additionally, a customer request may be cancelled under the following circumstances – items out of stock or backordered, inaccurate customer, product or pricing information, Nigerian customs shipping prohibitions or payment issues.

We oppose fraudulent and criminal activities perpetrated on or through our services.  As a result, where incidents of fraud or criminal activity is suspected, we reserve the right decline service, withhold products and payments, report to appropriate law enforcement agencies, and provide relevant information to fulfill all legal requirements and prosecutions.

Compliance with Law

You agree to comply with all applicable laws and regulations in effect in the country from which the goods are shipped, and in the country in which the goods are received. You will not use or attempt to use Heroshe to receive or send illegal, hazardous or dangerous materials, prohibited goods, or controlled substances. Goods are unacceptable for shipment if:

  1. They are on Heroshe’s list of Prohibited Items;
  2. The goods are classified as hazardous material, dangerous goods, or articles prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), export control laws and regulations, import or customs regulations, or any of the laws or regulations of any applicable government department or other relevant organization; or
  3. We decide that we cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer-form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, pornography and illegal narcotics/drugs).

Shipments Generally

Your items are shipped as they arrive every week. If you have multiple items, they will be consolidated into one box. Items deemed fragile or susceptible to damage will ship in original packages. Loose items like some shoes, may be placed in shoes boxes. If an item is extremely fragile, additional crating and packaging will be applied at the customer’s expense. If such additional crating becomes necessary, Heroshe will inform you before charging your account.

After items arrive at the Heroshe warehouse for shipment, the final shipping weight will be determined by Heroshe. This final determination with supersede any other estimates or determinations made by other shipping services or online stores. All shipping weights will be rounded to the nearest whole number.

Damage or Loss

If a package was parcel protected prior to shipment, we will work with the shippers to assess damage or loss and file a liability claim. If the claim is approved, the customer will be issued a 75% refund of declared package value or the item will be reordered, based on the customer’s preference.  If the damaged/lost package was not parcel protected, customer is fully liable for damage or loss according to our Terms of Use.

Return Policy

We assist clients and customers in international returns only under the following limited instances:

  1. The items in question are still in Heroshe’s possession and have not yet left the US warehouse, and
  2. The clients have contacted online US merchants to obtain return shipping label, and
  3. The clients have forward the return shipping label to Heroshe.

If all three elements are not satisfied, Heroshe reserves the right to refuse to assist the client with the return.  Additionally, under no circumstances will Heroshe assist clients with returns to US merchants once the items in question have left the Heroshe warehouse and are enroute to Nigeria.

Grandfathered Procurement Plans: Cancellations, Returns & Refunds for Procurement Services

For clients with grandfathered procurement plans (also known as the Shop for Me plans), you can cancel an order at any time and receive a full payment refund if the cancellation happens BEFORE Heroshe places the order with or makes payment to the US Merchant. For Returns requested after an order has been placed or payment is made, but prior to international shipment, Heroshe will contact the US Merchant to determine if a refund will be granted for a return. The client will be responsible for paying all shipping/handling fees, restocking fees, administrative fees and any other related costs required to return ordered products to US Merchant and process a refund.

For returns after international shipment, we only initiate returns and/or refunds for unused items in original packaging whose return period has not expired. Heroshe will consider the following cases:

  1. CASE 1: Heroshe purchased and shipped the RIGHT item to customer. The customer will be responsible for all costs associated with returning the item to Heroshe in the USA and subsequently to the US Merchant. Customer will be refunded after the US Merchant processes the refund and credits Heroshe.
  2. CASE 2: Heroshe purchased and shipped the WRONG item to customer. Heroshe will be responsible for all costs associated with returning the item to the USA and subsequently to the US Merchant. Heroshe will either pay refund amount into customer’s account or reorder item based on customer preference.
  3. CASE 3: Heroshe purchased and shipped the RIGHT item to customer but item was damaged or lost in Transit. See the next section.

Defective on Arrival: If the defect is manufacturer related and customer reports defect within the specified return or warranty period, the customer will be responsible for shipping the item directly to the Manufacturer, US Merchant, or Heroshe as instructed. Heroshe does not inspect or test products purchased for customers prior to international shipment.

Heroshe will handle any other shipment issues on a case-by-case basis. We will work on a customer’s behalf to obtain a refund where possible from the US Merchant. Refund Timelines for both US Merchant and Heroshe will take effect once refund request is approved. Be advised that some payments (e.g. Admission Fees) are non-refundable and others are only refundable if requested before the refund deadline expires. Customers will bear all associated costs and loss of processing or administrative fees associated with any refund request.

All refunds on return orders and payments are subject to the return and refund policy of the US Merchant. Heroshe will refund the customer AFTER receiving payment from the US Merchant. Heroshe’s Refund Processing starts after the US Merchant has credited Heroshe Account. All eligible refunds are processed and deposited through bank transfer or cash deposit in the same currency in which the order was paid for.

Use of Open Communication

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.

By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  • Contains any type of unauthorized or unsolicited advertising;
  • Impersonates any person or entity, including any www.heroshe.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Service/User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

a. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website or social media pages, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.heroshe.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.

b. You agree to indemnify and hold harmless www.heroshe.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Copyrights/Trademarks

All content and materials available on www.heroshe.com, including but not limited to text, graphics, website name, code, images, scripts, digital downloads, and logos are the exclusive intellectual property of Heroshe or our third party co-contributors, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Heroshe. Pictures and statements obtained from clients for the purposes of providing testimonials and reviews will be used only for those limited purposes.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Heroshe from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party. In other words, if you take any actions to that result in legal action against Heroshe and its affiliates & subsidiaries, you agree to cover us.

No Class Actions

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren’t allowed.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this Service/User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Heroshe from our office located in the state of Texas, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Texas, by accessing our website, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any services through this site. Furthermore, any action to enforce this Terms of Use Agreement shall be brought in the federal or state courts located in USA, Texas You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

DISCLAIMER OF LIMITATIONS OF WARRANTIES AND LIABILITIES

BY USING OUR WEBSITE, YOU UNDERSTAND AND AGREE THAT WE PROVIDE ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES (ALL REFERRED TO AS RESOURCES) INCLUDED OR OTHERWISE MADE “AS IS” AND “AS AVAILABLE”. THIS MEANS THAT WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

  1. THE USE OF OUR RESOURCES WILL MEET YOUR NEEDS OR REQUIREMENTS;
  2. THE USE OF OUR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS;
  3. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR RESOURCES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT;
  4. NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED, ORAL OR WRITTEN, OBTAINED BY YOU FROM WWW.HEROSHE.COM OR THROUGH ANY RESOURCES WE PROVIDE SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THIS USER AGREEMENT.

IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEROSHE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF OUR SERVICES. HEROSHE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR RESOURCES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

1430 Katy Flewellen Rd., Unit 5034
Katy, TX 77494
USA: Tel: +1 (832) 772 6208
Email: [email protected]