Terms and conditions
Welcome to bensherman.com.
This part of our website is important and sets out all the information you will need to use our website and to buy products from our online shop. Please read this information carefully before using our website. Please note that this information may change from time to time so please ensure that you check this information before using the website or placing an order through our online shop.
We will do our utmost to ensure that the site is available and not interrupted. However due to the nature of the internet we cannot guarantee that the site will always be available or error-free. Please note that the site may be unavailable due to maintenance, technical issues or matters beyond our control.
In addition we may withdraw, suspend or amend the service we provide on our site without notice at any time or close the site indefinitely. We may also restrict access to some parts of our site, or our entire site, to users who have registered with us.
Some features that may be available on this site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.
Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Ben Sherman immediately. Ben Sherman may assume that any communications Ben Sherman receives under your password have been made by you unless Ben Sherman receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without Ben Sherman's express written consent. Further, you may not utilize any site content in any meta tags or any other "hidden text" techniques or technologies without Ben Sherman's express written consent.
Shopping From Our Site
Our Terms and Conditions of Sale set out the terms and conditions which apply to the sale of products on this site. You will need to agree to these Terms and Conditions of Sale in order to shop from our site. Please read them carefully.
Information About You
You must at all times use the site in a responsible and legal manner. You must comply with the spirit of the following standards as well as the letter.
You must not use our site in any way that causes, or is likely to cause, our site or access to it to be interrupted, damaged or impaired in any way. In particular, you must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; (iii) is for any business or commercial use or purpose; (iv) may be for advertising promotional or marketing activities; or (v) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
Your Contributions and Material
Restrictions on the Use of Materials
We either own or license all intellectual property rights in our site and in the material published on it. Our site and the material published on it are protected by copyright and trademark laws and treaties around the world. All rights are reserved.
You may access the materials on our site solely for your personal use. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the materials on our site. You may not publish, display, or commercially exploit any material from us or other owners of intellectual property displayed on the site unless you request and receive prior written permission from us or other owners of the intellectual property.
If we or any other owners of the intellectual property grant permission, you may not change or delete any author credit, trademark legend or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained on this site.
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Ben Sherman, their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. Ben Sherman reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We may withdraw linking permission without notice. The website from which you are linking must not contain any material which in not permitted on this site (see your conduct for details).
Links from Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Reliance on Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We have no liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change the content at any time. However, we do not have any duty to update or correct releases, presentations or other materials on this site. While we have attempted in good faith to ensure that the information presented here is accurate, there may be technical and factual inaccuracies or errors and you should note that any of the material on our site may be out of date at any given time.
This site is provided for the purpose of providing information to customers, employees, shareholders, other investors and the general public about us and our products and services.
•immediate, temporary or permanent withdrawal of your right to use our site and its associated services;
•immediate, temporary or permanent removal of any content or contributions you have made or uploaded to our site;
•issue of a warning to you;
•commence legal proceedings against you;
•disclosure of such information to law enforcement authorities or third parties as we reasonably feel is necessary.
These actions are not limited, and we may take any other action we reasonably deem appropriate.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BEN SHERMAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEN SHERMAN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. BEN SHERMAN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BEN SHERMAN NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, BEN SHERMAN'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BEN SHERMAN, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER BEN SHERMAN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH BEN SHERMAN IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND BEN SHERMAN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Jurisdiction and Applicable Law
Terms and Conditions of Sale
This page (together with the documents referred to on it) sets out the terms and conditions on which we will supply any of the products ("products") listed on our websitewww.bensherman.com ("our site") to you.
We may change these Terms and Conditions of Sale at any time by amending this page. You should check this page prior to ordering anything from our site to take notice of any changes we have made, as they are binding on you.
Please read these Terms and Conditions of Sale carefully and make sure that you understand them, before ordering any products from our site. If you order any products from our site, you will need to indicate your agreement to them by ticking the box marked “Terms and Conditions of Sale” on the Checkout page. If you do not agree to these Terms and Conditions of Sale you cannot buy any products from our site.
Please print and keep a copy of these Terms and Conditions of Sale for your records.
Placing An Order
When you place an order with us, we will send you an email acknowledging receipt of your order and containing the details of your order. Please check this email carefully and contact us if anything is incorrect. This email is not an acceptance of your order, just a confirmation that we have received it. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
BenSherman.com accepts several forms of payment with a US billing address:
Debit cards bearing the Visa or MasterCard logo
Currently, we do not accept:
Credit cards with billing addresses outside the U.S.
Credit cards issued by banks outside the U.S.
Gift Cards without a PIN
Credit cards are not charged until the item(s) is shipped. However, when you pay for your order using a credit or debit card that is associated with a checking account, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your account balance.
Applicable sales tax will be added on all orders based on the SHIPPING address. The amount of sales tax is estimated until the order has shipped and shipping confirmation has been sent. We do not charge sales tax on the purchase of Gift Cards; however, items paid for with Gift Cards will be taxed.
Sales tax is applied to your order in accordance with your individual state tax guidelines and is approximate. The actual taxes charged to your credit card will reflect the applicable state and local sales taxes, and will be calculated when your order is shipped. The following states: AL, AZ, CA, CO, CT, FL, GA, HI, IL, IN, MA, MD, MI, MN, MO, NC, NJ, NV, NY, OR, SC, TX, UT, VA or WA will have all applicable local and state sales taxes added to your total order, and to your shipping charges where appropriate.
Update or Change Your Order
Our goal is to ship your order as quickly as possible. Therefore, once your order is submitted we are unable to make any changes to size, color or quantity. If you discover a need to change or update your order, please contact one of our Guest Services Specialists as soon as possible for assistance: 800-811-5868
Guest Services Hours: Monday - Friday 8am-5pm EST.
Please have your order number ready when you call. For better service, you can print a copy of Your Order by clicking the PRINT THIS PAGE button at the top of your order confirmation.
You may prefer to place your order with one of our Guest Services Specialists at 800-811-5868.
Guest Services Hours: Monday - Friday 8am-5pm EST
Please have your item numbers ready when you call. For better service, you can print a copy of Your Basket by clicking on the print icon at the top of your browser window.
At this time we do not offer gift wrapping services.
Gift Card Purchase
Gift cards are available for purchase.
BenSherman.com orders are shipped from Lyons, GA via parcel service (ground) with the following options:
- All in stock items are delivered within 2-5 business days
- Orders placed by 3 pm EST Monday through Friday will be shipped same day.
- Shipping Charges are as follows:
- $7.99 flat charge for all orders up to $199.00.
- Free shipping for all orders $200.00 or greater.
PO Boxes, APO Address and U.S. territories
We are currently unable to ship to PO Boxes, APO Addresses or US territories.
At this time Ben Sherman USA does not offer international shipping, however please shop from www.bensherman.com if the delivery address is in the United Kingdom or Europe
Business days are Monday through Friday, excluding the following U.S. holidays: New Year's Eve, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day.
Returns & Exchanges
We are happy to make any changes necessary for fit or preference. We will accept returns of unworn, unwashed or defective merchandise within 30 days of purchase for a full refund. Items must be in the condition you received them, in the original packaging, and with all the original tags attached. Worn and washed product may be returned if damage is due to manufacture defect. Returns after 30 days of purchase will be reviewed and may be subject to a reduced refund. Note our facility is near Lyons, Georgia so please allow for transit time from your location.
Unfortunately we are currently unable to process exchanges. If you would like to return an item, please follow the guidelines outlined above and we will happily issue a refund so you can order the product in a different size.
Returns are always free with our pre-paid shipping label. Once received at our facility, processing of your return and credit may take up to 5 to 7 business days. We will send you a confirmation email once we have received your item(s) and the return has been processed. We cannot reimburse original shipping charges.
752 South Victory Drive
Lyons, GA 30436
Returns to a Store
Unfortunately, we cannot accept returns at our stores at this time.
Orders Shipping to Multiple Locations
At this time, we are unable to ship a single order to multiple addresses. If you need to ship your purchases to multiple addresses, please place separate orders for each address.
Orders Shipping to Hawaii or Alaska
Orders to Hawaii and Alaska will be shipped 2-Day or Next Day service only.
All orders placed BEFORE 10am EST will ship out the next business day (weekends & national holidays excluded.)
All orders placed AFTER 10am EST will ship out in 48 hours (weekends & national holidays excluded.)
PO Boxes, APO Address and U.S. territories
We are unable to ship to PO Boxes, APO Addresses or U.S. territories.
Track Your Order
Tracking the status of your order and reviewing your order history is easy at bensherman.com. Just Sign-In to Your Account and click on the order tracking link in your Order History or use your Shipping Order Confirmation email to locate the order tracking link.
Why Create an Account?
Why not? Creating an account lets you take advantage of faster checkouts, store your account information and review your online order history at any time.
You have two ways to create an account at BenSherman.com. You can click on the Your Account link at the top of every page, enter your email address and password and then click on the Create an Account link.
You can also create an account during the checkout process by providing an email address and password at the bottom of the Billing & Shipping page.
Either way, creating an account will save time on all your future visits to BenSherman.com.
Passwords exist to protect your personal information. Passwords must be at least 8 characters.
If you need help recovering your account password just click on any Forgot Your Password? link and enter the email address you used to create your account. We will promptly send a new password to your email address.
Your Account Information
At BenSherman.com you can store your account billing and shipping preferences in your account. If you need to add or change your information, just Sign-In to Your Account and click the edit or add buttons.
Once you have logged in, your session will stay active until you logout, or after 15 minutes of inactivity.
Your Order History
Viewing the history of your orders with BenSherman.com is easy. Just Sign-In to Your Account and click on the VIEW ALL button. The screen will display current orders and tracking information, as well as past order information.
Sign Up for Email
Sign Up for Email to receive email updates about new arrivals, store openings, events, exclusive products and our Paradise Nation newsletter. You can select your email preferences during sign up.
We take your security very seriously. Please read this Security Policy carefully.
We use Internet standard encryption technology ("SSL" or "Secure Socket Layer" technology) to encode personal data that you send to us when placing an order through the site. To check that you are in a secure area of the site before sending personal data to us, please look at the bottom right of your website browser and check that it displays an image of a closed padlock or an unbroken key.
We do not retain or hold any of your credit or debit card details.
However, please note that whilst we take appropriate technical and organizational measures to safeguard the personal data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us.
If you are using a computer or terminal in a public location, we recommend that you always log out and close the website browser when you complete an online session for your security. In addition we recommend that you take the following security measures to enhance your online safety:
•Keep your account passwords private. Remember, anybody who knows your password may access your account and you will be responsible for any use or misuse of your account. Change your password immediately and contact us if you think anyone else knows your password. Our contact details can be found on the Company Information page;
•When creating a password, try to use at least 8 characters. A combination of letters, numbers, symbols and different cases is best. Passwords are case sensitive. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. We also recommend that you frequently change your password. You can do this in ‘Your Account’;
•Avoid using the same password for multiple online accounts.
Disclosing your details
We will never ask you to confirm any account, debit or credit card details via email. If you receive an email claiming to be from bensherman.com asking you to do so, please do not respond and report it to us using the contact details on the Company Information pages.
Third party sites
Our site is TRUSTe certified
www.bensherman.com is a TRUSTe compliant website.
If you would like our help to place an order, find a product, request a return, or choose a unique gift, feel free to contact one of our Guest Services Specialists. You can contact us via email, postal mail or phone.
Guest Services Hours: Monday - Friday 8am-5pm EST.
To Unsubscribe from Ben Sherman Email:
If for any reason you would like to be taken off the email list that notifies you of upcoming events, exclusive products, store openings, etc. simply click the unsubscribe link provided at the bottom of every email we send.
EC1 CHINOS PROMOTION
*Buy 2 or more EC1 Chinos and pay $65 for each pair - regular price is $95 per EC1 Chino. Offer is available from 08.05.13-16.06.13 in stores and online. Offer available at time of purchase, not in conjunction with any other offer, discount or promotion and excludes chino style MG00906 and MG00905 in all colours.