Terms + Conditions
Mercer and James LLC respects your concerns about privacy, and we work to protect your information as detailed in this statement.
This website (the "Site") is operated by Mercer and James LLC(“Mercer + James”) and offers consumers an easy way to find, learn about, and purchase products from Mercer + James. The terms, conditions and notices contained herein (the “Terms”), set forth the entire understanding between Mercer + James and you with respect your use of this Site.
Please read the agreement carefully before using the website. This Site is offered to you conditioned on your acceptance without modification of the Agreement and the Privacy Statement. The Agreement applies whether you are just visiting the Site or are a registered Account user (as described below). By using this Site, you agree to the Agreement and the Privacy Statement. If you do not agree to the Agreement and/or Privacy Statement, do not use this Site.
Please note that the agreement requires you to submit certain disputes to arbitration and require that disputes be resolved only in a forum in New York County, New York. Please review the “Applicable Laws and Disputes” section of these Terms for the details.
Modification of this Agreement
Mercer + James may from time to time make changes to these Terms. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Terms. Your continued use of the Site following the posting of changes to the Terms indicates your acceptance of those revisions.
The use of certain services on the Site requires the user to have established a user account (an “Account”). There is no charge to establish or maintain an Account, and an Account is not required to make a purchase from the Site. In order to establish an Account, you must:
- Provide us with your name, a valid e-mail address, and such other information as we may require from time to time;
- Create a password; and
- Be a citizen or legal resident of the United States and be at least 18 years of age, at least 19 years of age if you are from Alabama or Nebraska, or at least 21 years of age if you are from Mississippi.
You are solely responsible for maintaining the confidentiality of your password and for restricting access to your computer, and for all activities that occur under your Account or password. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your Account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
We reserve the right to terminate any Account and/or refuse to complete any transaction at any time in our sole discretion, including without limitation for any failure to comply with these Agreement, any fraud or abuse, or any misrepresentation that you or anyone using your Account may make to us.
We currently accept the following payment methods:
- American Express
- Diner's Club
International Credit Cards will not be accepted.
Making a Purchase
If you wish to purchase products or use certain services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when the item you purchased is shipped. Credit card orders shipped to a location other than your billing address may require additional verification. Sales tax is collected on orders shipped to all states, and is calculated based on the rates of New York, NY. All prices are quoted in U.S. currency and all orders must be transacted in U.S. currency.
We only sell products to individuals who can purchase with a permitted payment method.
You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
Though we do our best to be as accurate as possible in our representation of the products available on the Site, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. If a product offered by us is not as described, your sole remedy is to return it unopened in its original packaging in accordance with the Return Policy.
Order Acceptance Policy
The advertisement of any product on this Site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed are subject to additional credit verification. We may also require additional verifications or information before shipping any order.
Item Pricing and Availability
Mercer + James strives to provide accurate pricing information regarding the products the Site. We cannot, however, insure against pricing errors. Mercer + James reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Mercer + James will notify you by email. In addition, Mercer + James reserves the right, at its sole discretion, to correct any error in the stated full retail price.
In the event a product is listed at an incorrect price, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will have an opportunity to purchase the item at the correct price if you so wish.
If an item you have ordered is not available because it is temporarily out of stock, we will handle the issue as described in our Backorder Policy. If we do not believe that we will be able to fill your order at any time (such as, for example, if the manufacturer has discontinued production of the item you ordered), we will notify you of the same by email and we will cancel your order for that item.
Though we make ever attempt to keep listed items in stock, occasionally items may be temporarily out of stock. If any item in your order is out of stock and we will be unable to ship it to you within 10 business days, defined as Monday through Friday, of the date of your order, we will notify you of the delay, and you will have the opportunity to cancel the order and receive a refund if you wish by following the directions specified in the notice. If you receive a cancellation notification and would like us to keep the order open, please contact us by following the directions specified in the notice you receive.
Orders will only be shipped to addresses within the 48 contiguous states of the United States of America. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day and the amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.
Our preferred shipping carrier is USPS, but we reserve the right to use other shipping carriers. We are unable to ship to P.O. Boxes; all items must be shipped to a valid street address.
Shipping charges are based upon the shipment option you select at Checkout. The following shipping options are available. Not all shipping methods are available in all geographic areas, see www.usps.com for details:
Orders are typically delivered within 5 – 8 business days after shipment. Actual delivery time depends on shipping distance and may vary. Your order will be shipped after your credit has been approved and/or any other necessary verification has been completed. All orders will be shipped within 2-5 business days of the day that credit approval and/or other verifications are completed. Delivery to some remote addresses may require additional time; see www.usps.com for additional details.
Orders are typically delivered within 2-3 business days after shipment. Your order will be shipped after your credit has been approved and/or any other necessary verification has been completed. All orders will be shipped within 2-5 business days of the day that credit approval and/or other verifications are completed. Delivery to some remote addresses may require additional time; see www.usps.com for additional details.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Return and Refund Policy and Procedures
We want to ensure your complete satisfaction. We will happily accept returns in accordance with the following Return Policy:
Defective, damaged or incorrect items:
- All returns and exchanges must be pre-authorized by Mercer + James and require an authorization code. Contact us via our contact form to begin the return process and receive your authorization if you are eligible.
- You must have purchased the item from us at www.mercerandjames.com. Items purchased at any live event are final sale and cannot be returned
- If you received a damaged or defective item from us, or the wrong item was shipped to you, you will not be responsible for return shipping charges, and we will not charge any restocking or other fee in connection with the return. In addition, you will receive a full refund for the item, as described in our Refund Procedures.
- To obtain a refund, the item must be returned to us, unopened (unless the item was received by you in a defective or damaged condition) and in its original packaging, with all accessories, within 20 calendar days of the date upon which we provided the item to the carrier for shipment to you. You must also follow the Return Procedures specified below.
- For all shaving items, due to the hygienic nature of these products, we cannot accept items back that have been opened or used unless the item was received by you in a damaged or defective condition. Damaged or defective items returned without their original packaging will not receive a refund.
- For all returns other than damaged, defective or incorrectly-shipped items (see above), you will be responsible for the shipping charges to return the item.
- To obtain your refund, the item must be returned to us, unopened and in its original packaging, with all accessories, within 15 days of the date upon which we provided the item to the carrier for shipment to you. You must also follow the Return Procedures specified below.
Return and Refund Procedure and Policy
Contact us via our online contact form, providing the full order information given to you in your original order confirmation. If you are eligible to make a return, Mercer + James will provide you with USPS return label, which you may be required to print and affix to the package. You should securely pack the item or items that you are returning and include a copy of your original packing slip in an appropriately sized box. Additional damage that is incurred due to inadequate packaging with affect your return eligibility. Affix the shipping label securely on the package to be returned, and bring the package to your local USPS location for shipment. After we receive, inspect and process your return, a refund will be issued in accordance with our Refund Policy stated below.
If you are entitled to a refund in connection with an authorized return, the following conditions will apply:
- Your refund will be in the form of payment used for the purchase.
- The amount refunded will be the purchase price paid by you for the returned item, including sales tax.
- Credits will be issued after we receive, inspect and process your return, which may take up to 30 days from receipt of the item or items in question. Your credit card company determines when the credit will be reflected in your statement, and it may take one full billing cycle for the credit to appear on your account. Mercer + James will notify you of the status of your return and refund in a timely manner, but cannot control refund timing on the part of a third party credit card company.
Site Code of Conduct
By accessing or using any Site or any feature provided through our Site, including but not limited to, when submitting a Communication to our Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
- Post any information known by you to be false, inaccurate or misleading.
- Post or transmit any Communication that contains or advocates hate or racism or that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyone’s use or enjoyment of the Site.
- Post or transmit defamatory, libelous or slanderous Communications.
- Post personal information such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references, except where we expressly ask you to provide such information
- Post any Communication which violates any law, statute, ordinance or regulation.
- Post any third party web sites, addresses, email addresses, contact information or phone numbers.
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site.
- Post unsolicited advertising or unlawfully promote products or services, including sending unsolicited email advertisements.
- Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
- Use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any content.
- Solicit personally identifiable information from or exploit children.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme.
- Post chain letters of any kind.
- Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Site.
- Gain unauthorized access to any computer system or nonpublic portion of the Site or interfere with or disrupt the Web Sites or the servers or networks connected to the Site.
- Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users.
- Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
Mercer + James cannot assure that other users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms and you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Contents and Operation of the Web Site
The materials the Site and any materials made available through the Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Mercer + James disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Mercer + James does not warrant or make any representations regarding the use or the results of the use of the materials in the Site in terms of its correctness, accuracy, reliability, or otherwise. The materials in the Site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. Mercer + James endeavors to maintain the Site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Site or its operation.
You agree to indemnify, defend, and hold harmless Mercer + James, its directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of the Agreement, your use of the Site or any item being sold by Mercer + James (including negligent or wrongful conduct.
To the extent consistent with our Privacy Statement, we may in our discretion communicate with you electronically, including but not limited to by email or by posting notices on the Sites. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Agreement or the Site, including the purchase of Mercer + James products via the Site, shall be resolved exclusively in the state or federal courts located in New York County, New York. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Site, including the purchase of Mercer + James products via the Site, must be commenced within one (1) year after the claim or cause of action arises. No failure on the part of Mercer + James to enforce any part of the Agreement shall constitute a waiver of any of Mercer + James’ rights under the Agreement whether for part or future actions on the part of any person. Neither the receipt of any funds by Mercer + James nor the reliance of any person on Mercer + James’ actions shall be deemed to constitute a waiver of any part of the Agreement.
If these Terms do not address your questions or if you would like to report a violation of our Code of Conduct, please contact us as follows:
Contact us via email: firstname.lastname@example.org
We will do our best to answer in a timely fashion during the hours of 9 am and 5 pm Eastern time, Monday through Friday