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Terms and Conditions

Welcome to BrknHeart.com (the "Website").  BrknHeart (referred to as "us" or "we") provides website features and other products ("Products") and services ("Services") to you when you visit or shop at the Website, use BrknHeart products or services, use BrknHeart applications for mobile, or use software provided by BrknHeart in connection with any of the foregoing (collectively, the "BrknHeart Services").  BrknHeart provides the BrknHeart Services subject to the following terms and conditions.  By placing an order for Products and/or using BrknHeart Services, you agree to be bound by, and accept these terms and conditions.  These terms and conditions are subject to change by BrknHeart without prior notice at any time, in our sole discretion.  The latest version of the terms and conditions will be posted on this Website.  Please read them carefully.  Please also review our Privacy Notice, which also governs your use of BrknHeart Services.

Copyright

All content included in or made available through the Website, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations and software, is the property of the Website or its content suppliers and protected by United States and international copyright laws.  The compilation of all content included in or made available through the Website is the exclusive property of Marcus Lemonis Fashion Group and protected by U.S. and international copyright laws.

License and Site Access

Subject to your compliance with these Conditions of Use and any Service Terms, BrknHeart grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website.  This license does not include any resale or commercial use of any BrknHeart content; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any BrknHeart service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BrknHeart and Marcus Lemonis Fashion Group.  No BrknHeart Service or Product may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BrknHeart and Marcus Lemonis Fashion Group.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BrknHeart without express written consent.  You may not use any meta tags or any other "hidden text" utilizing BrknHeart's name or trademarks without the express written consent of BrknHeart and Marcus Lemonis Fashion Group.  You may not misuse the BrknHeart Website.  You may use the BrknHeart Website only as permitted by law.  The licenses granted by BrknHeart and Marcus Lemonis Fashion Group terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

If you use BrknHeart Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  If you are under 18, you may use the BrknHeart services only with involvement of a parent or guardian.  BrknHeart reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Disclaimer of Warranties and Limitation of Liability

The BrknHeart Services and Website and all information, content, materials, products, and other services included on or otherwise made available to you through the BrknHeart Services and Website are provided by BrknHeart on an "as is" and "as available" basis, unless otherwise specified in writing.  BrknHeart makes no representations or warranties of any kind, express or implied, as to the operation of BrknHeart Services, or the information, content, materials, Products, or other services included on or otherwise made available to you through BrknHeart Services and/or Website, unless otherwise specified in writing.  You expressly agree that your use of the BrknHeart Services and Website is at your sole risk.

To the full extent permissible by applicable law, BrknHeart disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  BrknHeart does not warrant that the BrknHeart Services, information, content, materials, products or other services included on or otherwise made available to you through the BrknHeart Services, BrknHeart's servers or electronic communications sent from or on behalf of BrknHeart are free of viruses or other harmful components to the full extent permissible by law.  BrknHeart will not be liable for any damages of any kind arising from the use of any BrknHeart service, or from any information, content, materials, products, or other services included on or otherwise made available to you through any BrknHeart service, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Pricing

We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice.  All pricing for the Products is subject to change.  For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturing price changes, errors in advertisements, and other extenuating circumstances.  

With respect to the items sold on the Website, we cannot confirm the price of an item until you order.  Despite our best efforts, a small number of the Products in our catalog may be mispriced. We shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price whether or not the order has been confirmed and your credit or debit card has been charged.  If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.  If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge.

Product Descriptions

BrknHeart attempts to be as accurate as possible.  However, BrknHeart does not warrant that Product descriptions or any other content of any BrknHeart Service is accurate, complete, reliable, current, or error-free.  If a Product offered by BrknHeart itself is not as described, your sole remedy is to return it in accordance with our Return Policy, as set forth below.

Risk Of Loss

All items purchased from the Website 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 Policy

BrknHeart offers returns on Products that are not marked or listed under Final Sale.  Please note that we cannot offer exchanges at this time.  Products not purchased at the BrknHeart Website are not eligible for return or refund.

BrknHeart does not take title to returned items until the item arrives at our returns center.  BrknHeart is not responsible for returns that are lost in transit or not received by our returns center.  We are pleased to accept timely returns of new and unused products within 30 days from the date you received your order.  Any product returned outside of the 30-day return policy are at the discretion of BrknHeart, and may not be accepted.

Returns can be refunded as Site Credit or to the original method of payment, where applicable.  Pre-orders will be refunded to the same cards used, regardless of the cards being removed from the site, cards expiring, or updating card information.

Your Products must be returned in the original packaging, including any boxes, hangers, garment bags, and other signature packaging materials.  Other packaging such as belts, dust bags, and tags should all be included where provide.  Any returned products which are damaged, do not include the packaging materials, soiled, or altered may not be accepted and will be returned to you, at your cost.  Refunds or credits will not be processed until the items are returned and inspected by BrknHeart.  

Please note shipping and handling charges are not refundable.  Please note we cannot reimburse the shipping and handling cost of any returns.  Exceptions to this will be handled at our discretion.  Packages that arrive COD may be denied.  BrknHeart monitors account activity and reserves the right to refuse transactions, assess fees, and/or close accounts based on order or returns behavior. 

Final Sale

All Products not eligible to be returned will be noted in the Product Details.  No returns or exchanges will be accepted on the following items and sales of the following items are considered Final Sale:

  • Swimwear
  • Intimates
  • Special Order Items
  • Limited Editions or Capsule Collections

Faulty Products

Products that are received damaged or become damaged by a manufacturing fault within thirty (30) days of purchase are considered faulty.  Items that become damaged as a result of normal wear and tear are not considered to be faulty.  BrknHeart will determine, in its sole judgement and discretion, whether the damage is as a result of normal wear and tear or some other reason.  Damaged or faulty products will be replaced where possible and subject to availability.  If a product cannot be replaced you are entitled to a full refund within the thirty (30) day period.

 Return Process

To start the return process, please contact customerservice@brknheart.com.  Your RMA number will be sent to you via email once your request has been authorized.  Please include your original order receipt inside your return package.

 Contest and Promotions

On occasion BrknHeart issues promotional codes, site credits, and similar "gift certificates" which will provide a credit towards a purchase on the Website when redeemed at checkout.  These codes are non-transferable, and are to be used only by the intended recipient.  In particular, BrknHeart reserves the right to cancel a promotion and/or reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used.

Promotions are only eligible for full-priced products and are limited to one per transaction.  Minimum spends may be required and will be communicated on any correspondence.  Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent.  BrknHeart shall not be liable to any customer for any financial loss arising out of the refusal, cancellation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.

Promotional codes do not cover the costs of any duties, and/or regional taxes where applicable.  Promotions are not applicable to pre-orders.

All promotions have an expiration date which will be indicated in your account or any communication to the customer. Once a promotion has expired the amount may not be refunded.  If the promotion is still active, it will be refunded back to the customer's account to be used towards a future order.

Applicable Law

By using any BrknHeart Service and the Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BrknHeart.

Site Policies, Modification, and Severability

Please review our other policies, such as our Privacy Policy, posted on this site.  These policies also govern your use of BrknHeart Services.  We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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