1. Acceptance

These terms and conditions (the "Terms and Conditions") govern the use of www.whitmanstore.com (the "Site") that shall apply to access and use by the user/customer (the “User and/or Consumer”). This Site is owned and operated by WHITMAN. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. If the User does not agree to be bound by these terms and conditions, the User must not access or use this Web Site.

This Website is directed exclusively to persons located in the United States. Users residing or domiciled in another country who wish to access and use the Website shall do so at their own risk and responsibility and must therefore ensure that such access and/or use complies with the applicable legislation.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

1. Prices

The prices of the products are expressed in US Dollars, the legal currency of the United States. The prices of the articles are those shown on the Web Site and, unless otherwise indicated, include applicable taxes. Prices do include shipping costs.

1. Payments and Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site: Clothing, apparel, shoes, accessories. 

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. The User agrees to purchase goods from our Site at their own risk.

Once you have selected the products that you wish to purchase, such merchandise will be included in the shopping cart.

Once you have clicked the appropriate button for payment, WHITMAN will obtain an authorization from the credit or debit card company for the amount indicated on the order summary page. If the credit card is not authorized, the order will not be processed.

The User and WHITMAN will have concluded a contract of sale of the products ordered by the User once WHITMAN has sent the shipping confirmation email to the email address indicated by the User.

WHITMAN may refuse, at its sole option, the processing of the order, in the following cases, without limitation:

• When the product requested by the User has ceased to be manufactured or is no longer available.

• When the credit or debit card merchant does not authorize payment of the purchase price.

If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

The payment by credit card is totally safe. The entire transaction is encrypted through a bank validation server. No one will be able to make use of the User's data without his/her authorization, since the information is unreadable. For greater security, these data are not stored on the WHITMAN server, so you must communicate all the information with each new order.

We accept the following payment methods on our Site:

• Credit Card.
• Stripe.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

1. Returns/Exchange

Returns and or exchanges can be made by mail. To return a good by mail, follow the following procedure:

1. The exchange/return must be made 30 days after the date on which the User received the product.

1. To be able to exchange or return the product(s), they must meet the following requirements:

• Not having used the garment.
• The garment must have all its original tags.
• Not be dirty.
• Not have traces of use of deodorants or makeup with chemicals that discolor or deteriorate the fabrics.
• Not have traces of use of chemicals or bleach.
• No fading.
• The garment should not have been altered or modified by the consumer.
• The size or fit of the garment must be perfect.
• The print, appliqués or embroidery must not have any inconsistencies due to washing, ironing or adulteration.
• The garment must be in the same condition in which it was purchased.
• They must keep the original label. We suggest that the User tries on the garments before picking them up.
• The purchase must be made in the exclusive US online store www.whitmanstore.com. 
• Underwear, pajamas, socks, scarves, ties, bathing suits, perfumes and accessories do not have change.
• Tailored garments are non-exchangeable including suits (except for warranty).

1. Contact us through our Customer Service Channels. 

• E-mail: consultas@whitmanstore.com
• WhatsApp: +1 7865676207

1. Tells us the reason for the return, contact telephone number, identification document number, e-mail and pick-up address of the Product(s) they wish to return and the order number.

1. We will schedule the pick-up of the garment(s) at the address the User provides, and then process their request.

1. At the distribution center, we will validate that the garment(s) are in the conditions mentioned in this Policy. 

1. If the User wishes for a return: If these conditions are met, we will process a refund of the amount paid. Please see the policy for refunds below. 

1. If the User wishes for an exchange: If the policy conditions are met and we have availability of the garment the User wants, we will send it to the address indicated by you. Subsequently, you will receive an email with the tracking number with which your exchange item(s) will be shipped. Please note that additional shipping costs can be charged. 

1. In case the garment does not meet the conditions mentioned in our Exchange Policy, we will return the garment(s) to the same address where it was initially picked up.

1. If the garment(s) you request for exchange is not available, we will contact the User to generate a credit balance that you will be able to redeem in the WHITMAN online store.

1. Refunds

When you return an online purchase, you will receive a refund of their order in the same payment method they used for the purchase.

We will schedule the pick-up of the garment(s) at the address you provide, and then process your request.

Once the return has been made, we will send you an email with the confirmation of the return.

Please note that once the return has been made, you will receive the amount within approximately 30 (thirty) calendar days depending on your bank.

1. Guarantees

Our goal is to ensure that the User receives a quality, suitable and safe product.

Whenever 90 (ninety) calendar days have not elapsed since the purchase of a product, and the instructions for use, care or washing of the garment have been complied with, in addition to using it properly, and it presents warranty problems (quality, suitability or safety), we will apply this Warranty Policy.

Sunglasses will have a two-year warranty from the date of purchase. 

Warranty Claim

Once the User submits the warranty claim to WHITMAN through any of the channels provided for this purpose, we will review the case and analyze the garment in order to know whether or not there is a cause associated with the warranty.

In the event that WHITMAN finds a defect or problem in the garment for which it must assume the warranty, the User will be given the possibility to exchange the garment for a new product of the same or another reference. Ultimately, WHITMAN will assess the possibility of a refund. The decision on what to do in the first claim is up to WHITMAN in compliance with the regulations applicable to the matter.

If the request for effectiveness of the warranty was not accepted after being evaluated by our technical department due to lack of compliance with the conditions listed above, we will contact the Consumer within 15 (fifteen) working days from the date of your claim, to coordinate your shipment again. Please note that additional shipping costs can be charged. 

1. Intellectual Property

All content published and made available on our Site is the property of WHITMAN and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

1. Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

• Standard delivery by post. Delivery takes 5 - 7 business days.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will not be charged for the delivery of the goods you purchase on our Site.

If you purchase goods from us for delivery to a destination outside the United States your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

1. Consumer Protection Law

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

1. Limitation of Liability

WHITMAN and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

1. Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless WHITMAN and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

1. Applicable Law

These Terms and Conditions are governed by the laws of the State of Florida.

1. Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and WHITMAN are unable to resolve any dispute through informal discussion, then you and WHITMAN agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and WHITMAN. The costs of any mediation or arbitration will be paid by the unsuccessful party.

Notwithstanding any other provision in these Terms and Conditions, you and WHITMAN agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:
 

• E-mail: consultas@whitmanstore.com
• WhatsApp: +1 7865676207

Effective Date: 1st day of June, 2024