Terms & Conditions

Welcome to the www.foster.black website (hereafter referred to as the "Site") which is operated by or for Foster Black, its affiliates or related companies, referred to collectively as Foster Black. The following terms govern your use of and/or purchase of products from the Site. Be advised that your use of the Site constitutes your agreement to follow and be bound by all of the following terms and conditions (the "Agreement”).

The “AGREEMENT,”

We may from time to time change the terms that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, the Site from time to time, for any reason, with or without notice.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, music, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by Foster Black. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Foster Black, LLC.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. Foster Black therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability or otherwise. We apologize for any inconvenience this may cause. If you are not fully satisfied with your purchase you may return it in its original condition, with the original packing receipt within 10 days of the order date, subject to compliance with all other terms and conditions of Foster Blacks’ Return Policy. Please refer directly to that policy for additional information. Such returns may be made to any Foster Black retailers or by mail.

EXPEDITED SHIPPING METHODS DO NOT INCLUDE PROCESSING TIME. You will receive an email from Foster Black when your order has been confirmed. Purchased items will be shipped within 10 business days of the order, although most will be shipped within 3 to 4. Please allow up to 3 weeks for your delivery to arrive. If you still have not received your purchase after 3 weeks, please notify fosterblack845@gmail.com

All USA orders are shipped via UPS, USPS or Fedex. All international orders are shipped via UPS, Fedex or DHL. Carriers are selected based on the most efficient delivery. International customers are responsible for customs duties and/or brokerage fees in addition to shipping costs assessed during checkout. Please contact fosterblack845@gmail.com if you have any questions.

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Foster Black on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain the sole property of Foster Black. Such disclosure, submission or offer of any Comments shall constitute an assignment to Foster Black of any and all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Foster Black shall own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Without limiting the foregoing, Foster Black is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you or any other person or entity any compensation for any Comments; or (3) to respond to any Comments.

You agree, represent and warrant that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will contain libelous or otherwise unlawful, abusive or obscene material. You are, and shall remain, solely responsible for the content of any Comments you make. You agree that Foster Black may use and/or disclose information about your demographics and use of the Site in any manner, subject to the terms of Foster Blacks Privacy Policy. Without limiting the foregoing, you agree that Foster Black may use your information for marketing and promotional purposes.

You agree that Foster Black may send electronic mail or other communications to you for the purpose of advising you of changes or additions to the Site, about any of Foster Blacks products or services, or for such other purpose(s) as Foster Black deems appropriate. Please see Foster Blacks Privacy Policy.

Most products displayed at the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in stores. Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

We have made efforts to display accurately the colors of products that appear at the Site. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor's display of any color will be accurate.

To the extent that the Site contains links to outside services and resources, the availability and content of which Foster Black does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER THE HUNDREDS NOR ANY OF ITS AFFILIATES, OWNERS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. You agree to bring any dispute arising under this Agreement exclusively in the State and Federal courts of the State of New York in Rockland County.

This Agreement is effective unless and until terminated by Foster Black. Foster Black may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Foster Blacks sole discretion you fail to comply with any term or provision of this Agreement, or if Foster Black for any reason otherwise so decides to terminate. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Foster Black takes fraud prevention very serious and will continually work to protect the security of our card-carrying customers. We reserve the right to flag any online order for fraud prevention purposes. This may cause delays in processing. Customers are encouraged to provide accurate contact information and customer service representatives will make any correspondence attempts to the contact information provided. Customers submitting orders with varying information may be subject to such delays in processing. Flagged orders may be held from processing to await explanation regarding the variance between the billing and shipping information provided. First-time orders from new customers at above-average dollar amounts may only be authorized to ship to the billing address provided. Orders submitted using unsupported credit card information (often international) may be asked to confirm authorization by submitting a government-issued identification card that matches the information on file with the bank for the credit card holder. International customers who elect to ship to freight forwarding/drop shipping companies may have their orders canceled at managerial discretion.

Privacy Policy

This Privacy Policy is provided to explain how information is collected on our website and how that information is handled once it has been collected. This Privacy Policy may change at any time. By using the thehundreds.com website, you accept the terms and conditions outlined in this Privacy Policy and the Terms of Use.

THE KIND OF INFORMATION COLLECTED

There are cases where Foster Black may ask you for personal information, such as your name, address, telephone number, date of birth, email address, payment information, etc. We may do this for instance when you make a purchase through the Online Shop, respond to communications such as email, or for services that require registration such as to be included on our mailing list. However, if you would like to be on our mailing list, we will ask you to opt-in. We might also collect personal information from you about a third party, for instance if you ask us to ship product to a third party we may ask for the name, e-mail address, address, phone number, etc. of the recipient. That information will only be used for the specific purpose for which the information was provided and Foster Black will not further contact the third party unless the third party contacts us.

We may use “cookies” to gather information about your visits to our website and to enhance your experience. Cookies are small text files that are stored on your computer’s hard drive and used by www.foster.black to enhance your shopping experience by speeding up the browsing experience and website performance. Cookies also are used to personalize your experience while using the www.foster.black website and remembering your information when you return to the www.foster.black website. You can turn off all cookies, in case you prefer not to receive them. You also can have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (e.g. internet explorer; firefox). Please not that when you have set your computer to reject cookies, it can limit the functionality of the website you visit and it’s possible that you do not have access to some of the features on the website.

We may collect “click stream” data (e.g. server address, domain name, etc.) and demographic or 3rd-party audience data (such as age, gender and interests) with Google Analytics to better understand our audience. This information may be combined with information you have provided to us thereby enabling us to enhance your experience.

USE OF INFORMATION

All personal information that we obtain about you will be recorded, used, and protected by us in accordance with current data protection legislation and this Privacy Policy. We primarily will use your personal information to provide products and services to you (e.g. to process and ship your online order). www.foster.black periodically will update customers via email about new product updates and promotions. If you wish to be removed from this email list, then please visit thehundreds.com and remove your email address by updating your personal information or click the “safeunsubscribe” link at the bottom of an email you have received from us. (To update your personal information via the website, log onto www.foster.black and click “My Account.” If you have lost or do not remember your password, then please send an email from the email address you used to register your account. We will only send password information to the email address listed under the account. Password information will not be given out over the phone.)

Except as described in this Privacy Policy, we do not sell, trade, or otherwise transfer your personal information to third parties without informing you in advance and in accordance with applicable data protection law. Your data may be transferred to web site hosting partners and other parties who assist us in designing and operating the website, executing services, or analyzing collected data. These parties only will use your data for the purpose of carrying out the word as indicated and will be required to keep the information confidential. We also will release personal data without consent if such is required by law or for security purposes.

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.

SECURITY OF INFORMATION

The security of the information you provide to us is protected by various security measures we have implemented. Your personal information is maintained through secure networks and is only accessible by a limited number of people who have special access rights and are required to keep the information confidential. Not withstanding www.foster.black’s efforts, no transmission of data over the Internet is guaranteed to be completely secure and such transmission is at your own risk.

LINKS TO THIRD PARTIES

For your convenience and to improve the usage of the website, we insert links to third parties, for which this Privacy Policy does not apply. These links take you outside our services and off the www.foster.black website and are beyond our control. This includes links from parties that may use Foster Blacks logos as part of a co-branding agreement or sell Foster Blacks products. The sites you can link to have their own separate Privacy Policy and although we seek to protect the integrity of our site, Foster Black is not responsible and cannot be held liable for the content and activities of these sites. Your visit/access to these sites therefore is entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information.

LIMITATION ON LIABILITY

IN NO EVENT SHALL FOSTER BLACK, ANY OF FOSTER BLACKS AFFILLIATES, OR ANY OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING FROM OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THIS WEBSITE.

The laws of the State of New York shall govern all matters relating to this websites Privacy Policy, without giving effect to any principles of conflict of law.

return policy

EXCHANGE ONLY WHEN PURCHASED AT RETAIL PRICE. ALL DISCOUNTED ITEMS OR COLLABORATIONS ARE FINAL SALE. NO EXCHANGES OR REFUNDS WHEN PURCHASED AT DISCOUNT.

For items purchased at retail price exchange must be processed within 10 days of shipment receipt. All exchanges dependent on existing stock.

To cancel or change an order you must contact fosterblack845@gmail.com within 12 hours of placing the order.

Foster Black will not issue credits or refunds for any difference in price on items purchased before the start of any sale. Orders placed at retail price, will have any exchange option available, while those purchasing at a sale price are considered final sale. All processed orders shipped before the start of any sale, may not be exchanged for items at their discounted price.

For any problems or concerns with the merchandise notice must be given to fosterblack845@gmail.com within 2 days of shipment receipt.

To exchange an item it must have the original packaging, in as-new condition with both tags and printed receipt when returned. Domestic customers are financially responsible for shipping the item back to Foster Black for the exchange. International customers are financially responsible for shipping the item back to Foster Black for the exchange, as well as for shipping the exchanged item back to their respective country.

Any product shipped back to Foster Black as an RTS (Return To Sender) for failure to deliver/receive/collect from the carrier or facility, will be subject to a $15 RTS Fee to cover reshipment costs. All customers should receive tracking details upon dispatch, and are expected to monitor tracking progress for any delivery exceptions. Packages that fail to be delivered/collected/or received are sent back to Foster Black at the company's expense. The customer will be notified of said return by a service representative, the delivery address will be re-confirmed, and the RTS Fee must be made payable through the original payment method.

Any product shipped back to Foster Black as a policy dispute or order refusal will be subject to a Forced Refund. Such customers will be refunded for order subtotal (minus original shipping costs paid) while instituting a $4-$8 restocking fee per item.