terms & conditions of sale

TERMS AND CONDITIONS OF USE AND TERMS AND CONDITIONS OF SALE FOR THE RALPHBEHK.COM WEBSITE (MARCH 1,2016)

A. GENERAL TERMS

BEFORE USING THE RALPHBEHK.COM WEBSITE (THE “WEBSITE”), PLEASE REVIEW ALL OF THE TERMS INCLUDED BELOW, AS THE TERMS AND CONDITIONS FOR THE USE (“USE TERMS”), THE TERMS AND CONDITIONS OF SALE (“SALE TERMS”), AND ADDITIONAL TERMS, TOGETHER WITH THE PRIVACY POLICY, GOVERN YOUR (“CUSTOMER,” “YOU,” “YOUR,” OR SIMILAR TERMS) USE OF THE WEBSITE AND ANY PURCHASES THAT YOU MAKE OR ATTEMPT TO MAKE. 

IF YOU DO NOT AGREE TO THESE TERMS PLEASE EXIT AND DO NOT USE THE WEBSITE.

RALPH BEHK GLOBAL INC (“RALPH BEHK”,“WE,” “US” AND SIMILAR TERMS) MAY UPDATE THE USE TERMS, SALE TERMS, ADDITIONAL TERMS, AND PRIVACY POLICY AT ANY TIME WITHOUT ANY PRIOR NOTICE.   BY CONTINUING TO USE THE WEBSITE AFTER ANY UPDATE YOU ACCEPT AND AGREE TO BE BOUND BY, AND CONSENT TO, THE CURRENT TERMS INCLUDING ANY CHANGES.

THE RALPHBEHK.COM WEBSITE IS OPERATED BY RALPH BEHK GLOBAL INC. RALPH BEHK  IS THE E-COMMERCE SUBSIDIARY OF RALPH BEHK GLOBAL INC, AND HAS ITS PRINCIPAL OFFICE AT 340 MADISON AVENUE, NEW YORK, NEW YORK 10173.

YOU MAY FIND THE PRIVACY POLICY AT WWW.RALPHBEHK.COM/PRIVACY. 

B. TERMS AND CONDITIONS FOR THE USE OF THE WWW.RALPHBEHK.COM WEBSITE

(1) GENERAL.

ALL USE OF THE RALPHBEHK.COM WEBSITE IS SUBJECT TO THESE USE TERMS.  BY USING THE RALPHBEHK.COM WEBSITE YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE USE TERMS.

(2) DATA SECURITY AND PRIVACY

(A) PRIVACY POLICY.  THE PRIVACY POLICY GOVERNS THE USE OF ANY PERSONAL INFORMATION THAT YOU PROVIDE TO RALPH BEHK ON THIS WEBSITE OR IS OTHERWISE COLLECTED THROUGH YOUR USE OF THE WEBSITE.

(B) NOT INTENDED FOR MINORS.  THE RALPHBEHK.COM WEBSITE IS NOT INTENDED FOR THOSE UNDER 18.  BY USING THE WEBSITE YOU AGREE YOU ARE 18 YEARS OF AGE OR OLDER. FURTHERMORE, WE DO NOT KNOWINGLY COLLECT OR SOLICIT PERSONAL INFORMATION FROM THOSE UNDER 18 (INCLUDING THOSE UNDER THE AGE OF 13) OR KNOWINGLY ALLOW SUCH PERSONS TO REGISTER FOR AN ONLINE ACCOUNT OR TO POST PERSONAL INFORMATION ON OUR WEBSITES.

(C) RECORDS.  WITHOUT LIMITING THE TERMS OF THE PRIVACY POLICY, YOU ACKNOWLEDGE AND AGREE THAT RALPH BEHK MAY PRESERVE ANY TRANSMITTAL OR COMMUNICATION BY YOU WITH RALPH BEHK THROUGH THE WEBSITE (OR CUSTOMER CARE), AND MAY ALSO DISCLOSE SUCH DATA IF REQUIRED TO DO SO BY LAW RALPH BEHK DETERMINES THAT SUCH PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO (1) COMPLY WITH LEGAL PROCESS, (2) ENFORCE THESE USE TERMS, (3) RESPOND TO CLAIMS THAT ANY SUCH DATA VIOLATES THE RIGHTS OF OTHERS, OR (4) PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF RALPH BEHK, ITS EMPLOYEES, USERS OF OR VISITORS TO THE WEBSITE, AND THE PUBLIC.

(3) INTELLECTUAL PROPERTY

(A) OWNERSHIP.  THE RALPHBEHK.COM WEBSITE AND MATERIAL ON THE RALPHBEHK.COM WEBSITE (INCLUDING ALL INTELLECTUAL PROPERTY OF ANY NATURE, WHETHER REGISTERED OR UNREGISTERED, INCLUDING DRAWINGS, DESIGNS, ILLUSTRATIONS, PHOTOGRAPHS, VIDEOS, SOUND TRACKS, WRITTEN TEXT, LOGOS, TRADEMARKS) ARE THE EXCLUSIVE PROPERTY OF RALPH BEHK AND ITS AFFILIATES AND SUBSIDIARIES. YOU MAY NOT REPRODUCE BY ANY MEANS OR PROCESS (EXCEPT AS EXPRESSLY PROVIDED HEREIN), IN WHOLE OR IN PART, DISTRIBUTE, PUBLISH, TRANSMIT, CREATE DERIVATIVE WORKS BASED ON, MODIFY OR SELL ANY MATERIAL CONTAINED ON THE RALPHBEHK.COM WEBSITE.

THE “RALPH BEHK” TRADEMARK AND ALL OTHER RALPH BEHK RELATED MARKS AND LOGOS, WHETHER REGISTERED OR NOT REGISTERED, DISPLAYED ON THE RALPHBEHK.COM WEBSITE, AS WELL AS THE DOMAIN NAME "RALPHBEHK," ARE AND WILL REMAIN THE EXCLUSIVE PROPERTY OF RALPH BEHK GLOBAL INC. ANY REPRODUCTION, DISTRIBUTION, TRANSMISSION, MODIFICATION, OR USE OF ANY RALPH BEHK TRADEMARK FOR ANY PURPOSE IS PROHIBITED.

(B) PROPRIETARY MARKINGS.  YOU MAY NOT REMOVE ANY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY NOTICE CONTAINED ON THE RALPHBEHK WEBSITE OR ANY CONTENT CONTAINED THEREIN.

(C) FEEDBACK.  YOU AGREE THAT ANY AND ALL FEEDBACK, REVIEWS, SUGGESTIONS, DESIGNS, CONCEPTS, PHOTOGRAPHS, TESTIMONIALS, AND OTHER ITEMS OR MATERIALS (EXCEPT FOR YOUR PERSONAL INFORMATION) DISCLOSED OR SUBMITTED TO RALPH BEHK THROUGH THIS WEBSITE OR BY OTHER MEANS ("SUBMISSIONS") ARE NEITHER CONFIDENTIAL NOR PROPRIETARY TO YOU AND MAY BE USED BY RALPH BEHK WITHOUT RESTRICTION OR COMPENSATION. 
 

(4) LINKING

(A) LINKS TO THIRD PARTY SITES.  THE RALPHBEHK.COM WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES NOT UNDER THE OPERATION OR CONTROL OF RALPH BEHK.  ALL SUCH LINKS ARE PROVIDED AS A CONVENIENCE ONLY AND ARE NOT, AND SHOULD NOT BE INTERPRETED AS, AN EXPRESS OR IMPLIED ENDORSEMENT OF SUCH THIRD PARTY WEBSITES OR ANY PRODUCTS OR SERVICES THAT MAY BE OFFERED THEREON. RALPH BEHK SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE CONTENT, AVAILABILITY, OR OTHERWISE IN CONNECTION WITH SUCH THIRD PARTY WEBSITES.  ANY QUESTIONS OR CONCERNS ABOUT THIRD PARTY WEBSITES SHOULD BE DIRECTED TO THE OWNERS OR OPERATORS OF SUCH WEBSITES. 

(B) LINKING ONLY WITH AUTHORIZATION.  YOU MAY ONLY PROVIDE A LINK (INCLUDING DEEP LINKING) TO THE RALPH BEHK WEBSITE IF EXPRESSLY AUTHORIZED IN WRITING BY RALPH BEHK GLOBAL INC.

(5) USE RESTRICTIONS

(A) NO SCRAPING.  YOU MAY NOT USE ANY AUTOMATIC DEVICE, PROGRAM, OR METHODOLOGY (INCLUDING, WITHOUT LIMITATION, “PAGE-SCRAPE,” “ROBOT,” OR “SPIDER”), OR ANY SIMILAR OR EQUIVALENT MANUAL PROCESS, TO ACCESS, ACQUIRE, COPY, OR MONITOR ANY PORTION OF THE WEBSITE, TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS, DOCUMENTS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE THROUGH THE WEBSITE.  RALPH BEHK RESERVES THE RIGHT TO BAR ANY SUCH ACTIVITY.

(B) NO CIRCUMVENTION.  YOU MAY NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PORTION OR FEATURE OF THE WEBSITE, OR ANY OTHER SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE BY HACKING, PASSWORD “MINING” OR ANY OTHER ILLEGITIMATE MEANS.

IN ADDITION, YOU MAY NOT PROBE, SCAN OR TEST THE VULNERABILITY OF THE WEBSITE OR ANY NETWORK CONNECTED TO THE WEBSITE, NOR BREACH THE SECURITY OR AUTHENTICATION MEASURES ON THE WEBSITE. YOU MAY NOT REVERSE LOOK-UP, TRACE OR SEEK TO TRACE ANY INFORMATION ON ANY OTHER USER OF OR VISITOR TO THE WEBSITE, OR ANY OTHER CUSTOMER OF RALPH BEHK OR EXPLOIT THE WEBSITE OR ANY SERVICE OR INFORMATION MADE AVAILABLE OR OFFERED BY OR THROUGH THE WEBSITE, IN ANY WAY WHERE THE PURPOSE IS TO REVEAL ANY INFORMATION, INCLUDING BUT NOT LIMITED TO PERSONAL IDENTIFICATION OR INFORMATION, OTHER THAN YOUR OWN INFORMATION, AS PROVIDED FOR BY THE WEBSITE.

(C) NO INTERFERENCE.  YOU AGREE NOT TO USE ANY DEVICE, SOFTWARE OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE OR ANY TRANSACTION BEING CONDUCTED ON THE WEBSITE, OR WITH ANY OTHER PERSON’S USE OF THE WEBSITE.

(D) NO UNLAWFUL USE.  YOU MAY NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE USE TERMS, OR TO SOLICIT THE PERFORMANCE OF ANY ILLEGAL ACTIVITY OR OTHER ACTIVITY WHICH INFRINGES THE RIGHTS OF RALPH BEHK OR OTHERS

C.  TERMS AND CONDITIONS OF SALE FOR THE RALPHBEHK.COM WEBSITE

THE PURCHASE OR ATTEMPTED PURCHASE BY YOU OF ANY PRODUCTS OFFERED ON RALPHBEHK.COM WEBSITE IS SUBJECT TO THESE SALE TERMS. 

FOR EACH ORDER ON RALPHBEHK.COM WEBSITE, YOUR ACCEPTANCE OF THE SALE TERMS IN FORCE AT THE DATE OF THE ORDER WILL BE REQUIRED.

(1) PURCHASE – GENERAL TERMS

(A) NOT FOR RESALE.  ORDERS MAY ONLY BE PLACED ON THE RALPH BEHK WEBSITE FOR PERSONAL USE AND NOT FOR RESALE.  ANY RESALE OR DISTRIBUTION OF RALPH BEHK PRODUCTS PURCHASED ON RALPH BEHK WEBSITE IS STRICTLY PROHIBITED. 

(B) DELIVERY. RALPH BEHK PRODUCTS ORDERED VIA A RALPH BEHK REPRESENTATIVE OR  VIA THE RALPH BEHK  WEBSITE MAY BE DELIVERED ONLY TO THE AUTHORIZED RECIPIENTS ADDRESS. NOT ALL PRODUCTS MAY BE SHIPPED TO ALL LOCATIONS.  IF YOU ATTEMPT TO PURCHASE A PRODUCT THAT CANNOT BE SHIPPED TO YOUR LOCATION CUSTOMER CARE  WILL CONTACT YOU. 

(C) RIGHT TO CANCEL.  RALPH BEHK RESERVES THE RIGHT TO CANCEL ANY ORDER PLACED BY A CUSTOMER IN ITS SOLE DISCRETION AND WITHOUT LIABILITY, INCLUDING, WITHOUT LIMITATION, AN ORDER FROM A CUSTOMER WITH WHOM IT HAS A DISPUTE CONCERNING A PRIOR ORDER OR IF RALPH BEHK HAS REASONABLE CAUSE TO SUSPECT THAT SUCH A CUSTOMER HAS VIOLATED THESE SALE TERMS, IS ENGAGED IN ANY FRAUDULENT ACTIVITY, OR FOR ANY OTHER REASON. 

(D) AGE.  YOU MUST BE 18 YEARS OR OLDER IN ORDER TO MAKE A PURCHASE ON THE RALPH BEHK WEBSITE, AND BY MAKING A PURCHASE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD.  WE DO NOT SELL PRODUCTS OR SERVICES FOR PURCHASE BY CHILDREN, THE WEBSITE IS NOT DIRECTED AT, NOR DO WE KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN, INCLUDING THOSE UNDER THE AGE OF 13.

(E) ACCOUNT.  CERTAIN FEATURES OR SERVICES OFFERED ON OR THROUGH THE WEBITE MAY REQUIRE YOU TO OPEN AN ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE INFORMATION FOR YOUR ACCOUNT, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP THIS INFORMATION SECURE AND CONFIDENTIAL.  YOU AGREE TO NOTIFY RALPH BEHK IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD, OR ANY OTHER BREACH OF SECURITY. YOU MAY BE HELD LIABLE FOR LOSSES INCURRED BY RALPH BEHK OR ANY OTHER USER OF OR VISITOR TO THE WEBSITE DUE TO SOMEONE ELSE USING YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP YOUR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL.  ACCESS TO YOUR ACCOUNT MAY BE TERMINATED OR SUSPENDED IN OUR SOLE DISCRETION. 

(2) PURCHASE – CONFIRMATION

(A) PRE-ORDER SUMMARY.  FOR EACH PRODUCT SELECTED ON THE RALPH BEHK WEBSITE, A SUMMARY PAGE WILL BE DISPLAYED AND MAY FEATURE A PHOTOGRAPH OF THE ITEM, ITS COLORING AND REFERENCES, THE UNIT PRICE, THE QUANTITY ORDERED, AND THE TOTAL AMOUNT OWED FOR YOUR ORDER. BEFORE PLACING YOUR ORDER BY CLICKING ON THE “PURCHASE” BUTTON, PLEASE CONFIRM THAT THIS INFORMATION ACCURATELY REFLECTS YOUR SELECTION.  ONCE YOU HAVE CONFIRMED YOUR ORDER IT WILL BE SUBMITTED FOR PROCESSING. 

(B) VISUAL ACCURACY.  WHILE WE TAKE STEPS TO TRY TO ENSURE THAT THE COLORING, DESIGN, AND STYLE OF THE RALPH BEHK  PRODUCTS IN THE PHOTOGRAPHS OR OTHER REPRESENTATIONS DISPLAYED ON THE RALPH BEHK WEBSITE ARE REPRESENTATIVE OF THE ORIGINAL PRODUCTS, VARIATIONS MAY OCCUR DUE TO TECHNICAL RESTRICTIONS OF COLOR REPRODUCTION ON YOUR COMPUTER EQUIPMENT.  ACCORDINGLY, RALPH BEHK SHALL NOT BE LIABLE FOR ANY ERROR OR INACCURACY IN THE PHOTOGRAPHS OR OTHER REPRESENTATIONS OF RALPH BEHK  PRODUCTS DISPLAYED ON THE Ralph BEHK WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THE PRODUCTS, PLEASE CONTACT CUSTOMER CARE.

(C) SUBMITTED ORDERS.  ONCE YOUR ORDER IS SUBMITTED FOR PROCESSING IT MAY NOT BE AMENDED OR CANCELLED EXCEPT PURSUANT TO THE CONDITIONS PROVIDED FOR HEREIN OR PURSUANT TO APPLICABLE LAW.  PLACING AN ORDER CONFIRMS YOUR ACCEPTANCE OF THE SALE TERMS.  ONCE AN ORDER IS PLACED YOU WILL RECEIVE AN ORDER SUMMARY VIA EMAIL. 

(D) RECORDS.  THE DATA COLLECTED BY THE RALPH BEHK  WEBSITE ESTABLISHES THE TERMS OF THE TRANSACTIONS BETWEEN RALPH BEHK AND ITS CUSTOMERS.  IN THE EVENT OF A DISPUTE BETWEEN Ralph BEHK  AND ITS CUSTOMERS RELATING TO A TRANSACTION ENTERED INTO USING THE RALPH BEHK  WEBSITE, AND SUBJECT TO OUR  RIGHT TO CANCEL OR NOT ACCEPT AN ORDER, THE DATA COLLECTED BY RALPH BEHK ARE THE TERMS OF THE TRANSACTION. 

(3) PURCHASE – PRICING AND PAYMENT

(A) LISTED PRICE.  THE PRICING FOR ALL RALPH BEHK PRODUCTS ON THE RALPH BEHK WEBSITE ARE IN UNITED STATES DOLLARS AND EXCLUDE TAXES AND SHIPPING COSTS (SEE "SHIPPING AND DELIVERY"). WE( RALPH BEHK)  RESERVE THE RIGHT TO MODIFY THE PRICES OF PRODUCTS OFFERED ON THE RALPH BEHK  WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE. YOU WILL BE CHARGED THE PRICES DISPLAYED ON THE RALPH BEHK WEBSITE AT THE TIME YOUR ORDER WAS CONFIRMED PROVIDED THE GOODS ORDERED WERE AVAILABLE AT THIS TIME, HOWEVER, RALPH BEHK  RESERVES THE RIGHT NOT TO ACCEPT OR TO CANCEL YOUR ORDER IN OUR SOLE DISCRETION FOR ANY REASON WITHOUT LIABILITY, INCLUDING IF THE PRODUCTS ARE NOT AVAILABLE, ARE INCORRECTLY PRICED OR ARE OTHERWISE INCORRECTLY DESCRIBED.

(B)  PAYMENT METHODS.  YOU ARE REQUIRED TO PAY FOR ANY ORDER PLACED ON THE RALPH BEHK  WEBSITE IMMEDIATELY UPON CONFIRMATION OF YOUR ORDER.  YOUR ORDER WILL ONLY BE PROCESSED FOR SHIPMENT ONCE WE HAVE VERIFIED YOUR PAYMENT METHOD AND RECEIVED AUTHORIZATION TO PROCESS YOUR PAYMENT.  WE ONLY ACCEPT PAYMENT BY CHARGE CARD OR CREDIT CARD. ALL ORDERS ARE PAYABLE IN US DOLLARS. WE ACCEPT THE FOLLOWING CHARGE CARDS AND CREDIT CARDS: MASTERCARD, VISA, DISCOVER AND AMERICAN EXPRESS. 

(C) TITLE.  ALL PRODUCTS ORDERED THROUGH THE RALPHBEHK.COM  WEBSITE REMAIN THE PROPERTY OF RALPH BEHK UNTIL FULL PAYMENT IS TENDERED TO RALPH BEHK.  IN THE EVENT OF A PAYMENT DISPUTE, YOU ARE REQUIRED TO RETURN THE PRODUCTS THAT ARE THE SUBJECT OF DISPUTE TO RALPH BEHK IMMEDIATELY UPON REQUEST, AND TO ASSUME THE RISKS (IN PARTICULAR THE RISKS OF LOSS, THEFT, AND DAMAGE) RELATING TO SUCH PRODUCTS.

(4) SHIPPING AND DELIVERY

(A) RESTRICTIONS.  PRODUCTS PURCHASED THROUGH THE RALPHBEHK.COM WEBSITE MAY ONLY BE DELIVERED WITHIN THE UNITED STATES (EXCLUDING PUERTO RICO, GUAM AND ALL OTHER U.S. POSSESSIONS AND TERRITORIES SITUATED OUTSIDE NORTH AMERICA).  RALPH BEHK WILL NOT PROCESS ANY ORDER FOR WHICH A POST OFFICE BOX OR APO/FPO ADDRESS, OR A HOTEL OR MOTEL ADDRESS, IS PROVIDED.  ANY SUCH DELIVERY ADDRESS WILL BE REFUSED DURING THE ORDERING PROCEDURE.  GOODS WILL BE SHIPPED TO THE ACCEPTED DELIVERY ADDRESS SPECIFIED DURING THE ORDERING PROCEDURE.  NOT ALL PRODUCTS CAN BE SHIPPED TO ALL LOCATIONS.  IF STATE OR OTHER REGULATIONS PROHIBIT SHIPPING OF PRODUCTS TO THE ADDRESS YOU REQUESTED CUSTOMER CARE  WILL CONTACT YOU.

(B) SIGNATURE REQUIRED.  A SIGNATURE OF AN ADULT AGED 18 YEARS OR OLDER MAY BE REQUIRED FOR DELIVERY.  CUSTOMER ASSUMES ALL RESPONSIBILITY ONCE A SIGNATURE IS OBTAINED AT THE DELIVERY ADDRESS.

(C) SHIPPING COSTS.  YOU WILL BE ASKED TO SELECT THE SHIPMENT METHOD YOU WOULD PREFER AS PART OF THE ORDER PROCEDURE.  DELIVERY COSTS DEPEND ON THE DELIVERY SERVICE YOU SELECT.  WE WILL INFORM YOU OF THE SHIPPING COSTS FOR THE SHIPMENT METHOD YOU SELECT IN THE ORDER SUMMARY DISPLAYED ON THE RALPH BEHK WEBSITE BEFORE YOU CONFIRM YOUR ORDER. THIS AMOUNT WILL BE PAYABLE BY YOU IN ADDITION TO THE PRICE, INCLUDING TAXES, OF THE GOODS ORDERED.  RALPH BEHK RESERVES THE RIGHT TO DIVIDE YOUR ORDER INTO PARTIAL SHIPMENTS. IN THIS CASE, YOUR METHOD OF PAYMENT WILL BE DEBITED FOR THE GOODS SHIPPED AND FOR A SINGLE SHIPMENT.

CURRENT SHIPPING COSTS (estimated)

GROUND: COMPLIMENTARY
2ND DAY DELIVERY: $30.00
OVERNIGHT DELIVERY: $40.00
(D) DELIVERY TIMING.  DURING THE ORDERING PROCEDURE, WE WILL INFORM YOU OF THE TIME REQUIRED FOR DELIVERY AND THE VARIOUS FORMS OF DELIVERY AVAILABLE FOR THE GOODS PURCHASED.  IN SOME CASES, SUCH AS DELIVERY TO ALASKA AND HAWAII, CERTAIN DELIVERY OPTIONS MAY NOT BE AVAILABLE OR MAY TAKE LONGER.  SOME PRODUCTS MAY BE SUBJECT TO DELIVERY DELAYS.  IF YOUR ORDER, OR A PART OF YOUR ORDER, IS NOT ABLE TO SHIP WITHOUT MATERIAL DELAY, CUSTOMER CARE WILL CONTACT YOU TO PROVIDE MORE DETAIL AND AN ESTIMATED SHIPPING DATE.

CURRENT EXPECTED DELIVERY TIMING:

GROUND: USUALLY BETWEEN THREE AND SEVEN WORKING DAYS (MAY TAKE LONGER FOR ALASKA AND HAWAII)
2-DAY: FOR ORDERS PROCESSED BEFORE 2 P.M. (EASTERN TIME) USUALLY DELIVERED WITHIN TWO BUSINESS DAYS
OVERNIGHT: FOR ORDERS PROCESSED BEFORE 2 P.M. (EASTERN TIME), USUALLY DELIVERED THE FOLLOWING BUSINESS DAY. THIS OPTION IS NOT AVAILABLE FOR ADDRESSES IN HAWAII AND ALASKA.

(E) TAXES.  WE CHARGE AND COLLECT STATE, LOCAL, AND COUNTY TAXES FOR ONLINE TRANSACTIONS BASED ON SHIPPING ADDRESS AND AS REQUIRED BY APPLICABLE LAWS AND REGULATIONS.  AN ESTIMATE OF THESE TAXES WILL BE PROVIDED DURING THE ORDERING PROCESS AND THE ACTUAL SALES TAX (IF ANY) WILL BE CALCULATED WHEN YOUR ORDER IS SHIPPED AND MAY VARY FROM THE ESTIMATED TAX.  APPLICABLE TAXES WILL BE APPLIED TO ORDERS SHIPPED TO NEW YORK, NEW JERSEY, CALIFORNIA, TEXAS, ILLINOIS, NEVADA, AND ANY OTHER LOCATION WHERE WE ARE REQUIRED TO COLLECT TAXES.  IF WE ARE NOT REQUIRED TO COLLECT TAXES, IT IS YOUR RESPONSIBILITY TO DETERMINE AND PAY ANY USE TAXES OR SIMILAR TAXES.

(F) DELIVERY PROBLEMS.  ANY DELIVERY FAILURE OR LATE DELIVERY THAT EXCEEDS TEN (10) BUSINESS DAYS SHOULD BE REPORTED TO OUR CUSTOMER CARE TEAM AS SOON AS POSSIBLE.  IN ORDER FOR YOUR CLAIM OF DELIVERY FAILURE OR LATE DELIVERY TO BE ACCEPTED, YOU MUST NOTIFY US WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF CONFIRMATION OF YOUR ORDER.

YOU MUST CHECK THAT YOUR SHIPMENT IS CORRECT ON DELIVERY.  IF THERE ARE ANY DISCREPANCIES IN YOUR ORDER, FOR EXAMPLE DAMAGED OR MISSING GOODS, WHEN YOU RECEIVE YOUR ORDER, YOU SHOULD NOTE THE NATURE OF THE PROBLEM BY HAND, IF POSSIBLE, ON THE DELIVERY NOTICE, AND SIGN.  YOU MUST CONTACT US AS SOON AS POSSIBLE BUT NO LATER THAN TEN (10) DAYS AFTER RECEIVING THE DELIVERY.

(5) RETURNS AND EXCHANGES

(A) RETURNS AND EXCHANGES OF PURCHASED ITEMS.  YOU MAY RETURN ANY PRODUCT (EXCLUDING MTM ORDERS) ORDERED ON THE RALPH BEHK WEBSITE FOR EXCHANGE OR REFUND WITHIN FOURTEEN (14) CALENDAR DAYS FROM THE DELIVERY DATE. RETURNED PRODUCTS MUST BE IN THEIR ORIGINAL CONDITION, UNUSED, UNWASHED, UNALTERED, AND IN THE SAME CONDITION IN WHICH IT WAS RECEIVED WITH ALL TAGS ATTACHED, AND IN THE ORIGINAL PACKAGING (INCLUDING, IF POSSIBLE, THE ORIGINAL DELIVERY BOX).  THE ORIGINAL INVOICE MUST BE PROVIDED WITH ANY RETURN.  RALPH BEHK WILL DETERMINE IN ITS SOLE DISCRETION WHETHER THE PRODUCTS ARE IN ORIGINAL CONDITION WHEN RETURNED.  IF RALPH BEHK DETERMINES THAT THE PRODUCTS ARE NOT IN ORIGINAL CONDITION THEY WILL BE RETURNED TO YOU.  PLEASE ALLOW UP TO TEN (10) DAYS FOR THE PROCESSING OF YOUR RETURN.

(B) RESTRICTIONS.

(I) PERSONALIZED OR ALTERED PRODUCTS.  A PRODUCT ORDERED ON THE RALPHBEHK.COM  WEBSITE THAT HAS BEEN PERSONALIZED, OR A PRODUCT THAT HAS BEEN ALTERED OR TAILORED IN ANY WAY, OR WASHED OR CLEANED, CANNOT BE RETURNED FOR EXCHANGE OR REFUND.

(II) SALE AND OTHER NON-REFUNDABLE PRODUCTS.  ALL PRODUCTS SOLD AS PART OF A SALE ARE FINAL AND NOT RETURNABLE.  YOU MAY REQUEST A PRICE ADJUSTMENT IF A PURCHASED PRODUCT IS MARKED DOWN WITHIN SEVEN (7) CALENDAR DAYS OF THE DELIVERY OF YOUR ORDER.  RALPH BEHK RESERVES THE RIGHT TO DESIGNATE OTHER PRODUCTS AS NON-RETURNABLE.  ANY SUCH DESIGNATION WILL BE NOTED ON THE PRODUCT DETAIL PAGE.

(C) RETURN OR EXCHANGE OF GIFT ITEMS.  IF YOU RECEIVED AN ITEM AS A GIFT FROM RALPHBEHK.COM, YOU MAY EXCHANGE IT FOR ANOTHER ITEM OF EQUAL OR GREATER VALUE WITHIN FOURTEEN (14) DAYS OF DELIVERY.  YOU, THE GIFT RECIPIENT, MUST PAY THE DIFFERENCE IN PRICE.  PLEASE CONTACT CUSTOMER CARE FOR ASSISTANCE.

YOU MAY EXCHANGE THE GIFT ITEM EITHER (I) FOR A DIFFERENT ITEM OF EQUAL OR GREATER VALUE, OR (II) MULTIPLE ITEMS THAT TOGETHER ARE EQUAL TO OR GREATER IN VALUE THAN THE PURCHASED PRODUCTS.  SHIPPING COSTS ARE EXCLUDED FROM THE VALUE OF AN EXCHANGE.

(D) RETURNS AND SHIPPING COSTS.  IF YOU RETURN PRODUCTS FOR EXCHANGE, THE SHIPPING COSTS FOR THE FIRST DELIVERY WILL NOT BE REFUNDED. HOWEVER, YOU WILL NOT BE CHARGED FOR THE SHIPPING COSTS OF ONE EXCHANGE DELIVERY PER ORDER.  ONLY ONE EXCHANGE PER ITEM WILL BE HONORED.

IF YOU REQUEST A REFUND, THE ORIGINAL SHIPPING COSTS WILL BE REFUNDED ONLY IF THE PRODUCTS ARE RETURNED BECAUSE THEY WERE NOT AS ORDERED OR WERE DAMAGED.

YOU ARE RESPONSIBLE FOR INSURING YOUR PACKAGE FOR THE FULL RETAIL VALUE OF THE ITEM.  YOU AGREE TO BEAR THE RISKS OF THE SHIPPING METHOD YOU HAVE CHOSEN, AND RALPH BEHK GLOBAL INC WILL NOT BE RESPONSIBLE OR LIABLE IF ANY ITEM YOU ATTEMPTED TO RETURN TO RALPH BEHK IS LOST, MISPLACED, OR DELIVERED LATE.  NEITHER THE ORIGINAL SHIPPING COSTS NOR THE COSTS YOU PAY TO SHIP YOUR RETURN WILL BE REFUNDED TO YOU.

(H) REFUND.  IF YOU REQUEST A REFUND FOR RETURNED PRODUCTS, RALPH BEHK GLOBAL INC WILL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ANY REFUND WILL BE MADE WITHIN TEN (10) BUSINESS DAYS OF RECEIPT OF THE GOODS.  ALL REFUNDS SHALL BE MADE TO THE ORIGINAL FORM OF PAYMENT.  UNDER NO CIRCUMSTANCES WILL RALPH BEHK GLOBAL INC GRANT YOU AN ELECTRONIC CREDIT USABLE ON THE RALPH BEHK WEBSITE.

D. ADDITIONAL TERMS

FOR THE AVOIDANCE OF DOUBT, THE FOLLOWING ADDITIONAL TERMS (“ADDITIONAL TERMS”) APPLY TO YOUR USE OF THE RALPHBEHK.COM WEBSITE AND ANY PURCHASE OR ATTEMPTED PURCHASE YOU MAKE.

(1) TERMINATION OF ACCESS

(A) TERMINATION.  YOU AGREE THAT RALPH BEHK GLOBAL INC MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE YOUR ACCESS TO THE WEBSITE AND/OR BLOCK YOUR FUTURE ACCESS TO THE WEBSITE IF WE DETERMINE THAT YOU HAVE VIOLATED ANY OF OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS, AND THE PRIVACY POLICY. YOU ALSO AGREE THAT ANY VIOLATION BY YOU OF ANY OF OUR TERMS, WILL CONSTITUTE AN UNLAWFUL AND UNFAIR BUSINESS PRACTICE, AND WILL CAUSE IRREPARABLE HARM TO RALPH BEHK GLOBAL INC, FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE, AND YOU CONSENT TO RALPH BEHK OBTAINING ANY INJUNCTIVE OR EQUITABLE RELIEF THAT RALPH BEHK DEEMS NECESSARY OR APPROPRIATE IN SUCH CIRCUMSTANCES WITHOUT THE POSTING OF ANY BOND. THESE REMEDIES ARE IN ADDITION TO ANY OTHER REMEDIES RALPH BEHK MAY HAVE AT LAW OR IN EQUITY.

YOU AGREE THAT RALPH BEHK MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE YOUR ACCESS TO THE WEBSITE, FOR CAUSE, WHICH INCLUDES (BUT IS NOT LIMITED TO) (1) REQUESTS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES, (2) A REQUEST BY YOU (SELF-INITIATED ACCOUNT DELETIONS), (3) DISCONTINUANCE OR MATERIAL MODIFICATION OF THE WEBSITE OR ANY SERVICE OFFERED ON OR THROUGH THE WEBSITE, OR (4) UNEXPECTED TECHNICAL ISSUES OR PROBLEMS.

(B) RECOVERY OF COSTS.  IF RALPH BEHK  DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE USE TERMS, RALPH BEHK WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO RALPH BEHK GLOBAL INC. YOU AGREE THAT RALPH BEHK GLOBAL INC WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE WEBSITE AS A RESULT OF ANY VIOLATION OF OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS, AND THE PRIVACY POLICY.

 
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RALPH BEHK GLOBAL INC DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT:

(A) THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIAL OR MALICIOUS CODE;

(B) THE INFORMATION CONTAINED ON THE WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE; OR

(C) THE RALPH BEHK WEBSITE IS FREE OF DEFECTS OR THAT ANY INACCURACIES OR DEFECTS WILL BE CORRECTED.

BY USING OUR WEBSITE, YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT RALPH BEHK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF OUR WEBSITE.  YOUR SOLE REMEDY AGAINST RALPH BEHK FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE RALPHBEHK.COM WEBSITE.

(2) LIMITATION OF LIABILITIES; INDEMNITY.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE USE OF TERMS, RALPH BEHK GLOBAL INC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, RALPH BEHK’S LIABILITY SHALL IN NO EVENT EXCEED US$100.00. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON 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.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RALPH BEHK GLOBAL INC ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND SHAREHOLDERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE.