Terms & Conditions
Unless otherwise agreed in writing and signed by Director of I HERD, all goods are supplied on these conditions to the exclusion of any terms or conditions of the buyer and of any representation, warranty or communication not expressly included.
Unless otherwise stated, all prices
Additional costs incurred by us on account of any alterations made at the buyer’s request to quantities, delivery dates or rates or agreed changes in specifications shall be borne by the buyer.
are based on current costs at date of quotation and are subject to Increase to the extent of any subsequent alterations in exchange rates, new or Increased taxes, duties or other Imposts or of any Increase In the costs of or relating to manufacture or delivery.
Terms of Payment
Payment are immediate at Point of Sale (POS)
If bulk orders wish to be made, a net-30 program can be arranged.
The time and place(s) of delivery shall be as specified in the buyers order, subject (where applicable) to condition
All delivery dates or periods are to be treated as estimates only unless we have expressly undertaken in writing to guarantee delivery by a specified date. Deliveries may in any event be postponed or suspended without liability during any period in which circumstances of any kind outside our direct control hindered or prevent the manufacture or dispatch of the goods.
If the buyer cancels all or part of an order at any time the buyer shall forthwith upon demand reimburse us for any costs incurred by or oh behalf of us in dealing with such cancelled order.
In addition to and without prejudice to subsection (a) above, in the case of cancellation:
notified to us less than seven days before the due delivery date the buyer shall pay us 10% of the value of the cancelled order; and
of an order for goods to be made in accordance with the buyer’s designs, patterns or specifications, if such cancellation takes place after all or part of such goods have been made or begun to be made then the buyer shall pay us the full agreed price of all goods made or begun to be made up to the time of cancellation. In such circumstances all fully or partly finished goods will be delivered to the buyer at his request and expense.
Carriage and Package
Unless otherwise specified, the cost of carriage is charged extra. For US trade, prices which include carriage cover deliveries to one single address in all states in the US
Extra costs of delivery beyond the US (including any duty and landing charges), or of special delivery at buyer’s request and landing charges), or of special delivery at buyer’s request by passenger train or other express methods, will be charged to the buyer.
Our standard packaging, in cartons suitable for surface and sea carriage, is included in the price, but any special packaging, e.g. pallets for shipment, is charged extra.
Loss or Damage in Transit
Where the price includes delivery we will at our option either repair, replace free of charge or credit shortages or goods lost or damaged in transit to US buyers
In the case of damage or shortage, the buyer notifies both the carrier and us in writing within 7 days after the receipt of goods.
In the case of loss such notice is given within 14 days after they are dispatched.
In the case of Export buyers, the buyer establishes to our satisfaction that such loss or damage occurred prior to shipment.
Where the buyer specified the carrier, responsibility for loss or damage in transit lies with the buyer.
Passing of Property and Risk
Risk of loss or damage of any kind to the goods shall pass to the buyer on delivery to his place of business or to his recognized agent or upon collection by his specified carrier.
We retain ownership of the goods the property in which will not pass to the buyer until we receive payment of the price of such goods then owing to us by the buyer who until such payment has been made shall keep the goods as our bailee and store them in such a way as enables them to be readily Identified as our property and shall keep them free from any charge or lien and at our request shall deliver them up to us or shall allow us to enter his premises to repossess the goods and subsequently resell them and recover from the proceeds of sale them sums owing to us and the costs of such sale giving any remaining balance to the buyer.
Notwithstanding the provisions of (b) above provided that the buyer continues trading and is solvent and is not subject to any of the arrangements referred to In 14(b) then before we have received full payment of sums due to us from the buyer, the buyer may nevertheless sell the goods In the ordinary course of business as principal and we shall be entitled legally and beneficially to the proceeds of sale which, until full payment is made to us of sums owed by the buyer, shall be kept by the buyer in a form which allows them to be identified as such proceeds of sale.
Nothing contained in this clause shall relieve the buyer of his obligation to pay in accordance with clause 4 hereof for goods delivered.
The buyer shall not be entitled to reject any goods which are defective or do not conform to description but we shall at our option and expense replace or refund the invoice values of any such goods If written particulars of the alleged defect or miss description are received by us no later than 7 days after the date of Invoice and the goods (if we so request) are returned to us carriage paid and, failing such request, the goods are held for our inspection. No liability whatsoever can be accepted for defects arising from further processing after delivery.
Our liability in terms of these conditions is in lieu and to the exclusion of all other warranties, conditions or obligations Imposed or implied by statute or otherwise in relation to the quality or description of the goods or their fitness for any particular purpose, and all liability for any indirect or consequential loss (howsoever arising) is hereby expressly excluded, provided that If the buyer is dealing as a consumer as defined as unconscionability.
The buyer shall indemnify us against all claims for Infringements or alleged infringement of third parties’ patent copyright or other industrial property rights, and all costs and expenses incurred in connection therewith, arising from the execution of the buyer’s designs, patterns or specifications.
The descriptions and illustrations contained in our catalogues, price lists and other advertising matter are intended to present a general idea of products and none of these shall form part of the contract. All such illustrations, specification, patterns and designs are our copyright. We reserve the right to alter specifications, patterns and designs at any time before acceptance of the buyer’s order.
Insolvency etc. of buyer
If the buyer makes default in or commits any breach of any of its obligations or
if any distress or execution is levied upon the buyer, the buyer’s property or assets, or if the buyer makes or offers to make any arrangement or composition with his creditors or commits any act of bankruptcy or if any petition or receiving order in bankruptcy is presented or made against the buyer, or If the buyer Is a limited company and any resolution or petition to wind up such company’s business is passed or presented otherwise than for a solvent reconstruction or amalgamation of If a receiver of such company’s undertaking property or assets or any part thereof is appointed, we shall (without prejudice to any claim or right we might otherwise make or exercise) have the right forthwith to determine the contract by summary notice.
Any notice given hereunder by post, telegram, text message or email to the recipient at his or its principal or registered office shall be deemed to have been properly served at the time when in the ordinary course of post or transmission It would reach its destination.
What information we collect?
We will ask for your name, email address, billing and shipping address and telephone numbers. We will also ask for your chosen method of payment (credit card or online payment service). Your payment information is securely transferred to a third party vendor for processing. We do not retain credit card or other payment identification information on our servers or elsewhere.
These conditions shall be construed and shall take effect in all respects in accordance with the United States.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
The Information We Collect
This notice applies to all information collected or submitted on the website and the applications and services for iOS, Android and other devices and platforms, hereafter referred to the Ultimate Herd
Ultimate Herd collects information through user consent. This information includes:
Your first name
Your chosen username
Your email address
Your chosen password. A hash of your password is stored in the database, and the plain-text password is only used for hash comparison to the stored value.
Messages and communications you share with us through email, chat or support tools.
Ultimate Herd collects information through the use of electronic tools that may be transparent to our visitors. This information is collected for the purpose of improving product design, compatibility and customer support, and to identify visitors for the purpose of preventing abuse. This information includes:
Your IP address
The general geographic location of your IP address and Internet Service Provider
Information provided by and about your Internet Browser and Device
The Way We Use Information
We use the information you provide to operate Ultimate Herd features and functionality. We use technologies, such as cookies, to customize content and advertising, to provide social media features and to analyze traffic to the site.
We use non-identifying and aggregate information to better design Ultimate Herd, to suggest popular content to users, and to share with advertisers and publishers. For example:
We may change the layout of our website or application based on the number of people that perform a particular action.
We may tell an advertiser or publisher that X number of people visited a certain area in our website or application.
We may tell an advertiser or publisher that X number of people clicked through a link in our website or application.
When information is used in this or a similar manner, we do not disclose anything that could be used to identify the individuals on whom the information is based.
We may track activities linked to individual accounts to better design Ultimate Herd and suggest relevant content. We also share information about your use of our site with our trusted social media, advertising and analytics partners.
We may disclose your information in response to subpoenas, court orders, or other legal process, or to establish or exercise our legal rights or to defend against legal claims. We may disclose your information when we believe it necessary or desirable in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our policies, and/or to protect our rights and property.
In the future, we may sell to, buy, or partner with other companies or businesses. In such transactions, user information may be among the transferred assets.
External services beyond Ultimate Herd’s control are integrated with Ultimate Herd where necessary, such as Intercom for communications, Hotjar for usability research, and Google Analytics for traffic measurement and tracking.
Ultimate Herd makes reasonable efforts to ensure that all integrated external services are trustworthy and reputable, but Ultimate Herd cannot be held responsible for data collection and usage by such services.
Our Commitment To Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please email firstname.lastname@example.org. At this time, we only have the ability to receive and send English-language communications.
Changes To This Policy
Ultimate Herd reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of Ultimate Herd following the posting of changes to this policy will mean you accept those changes