BerzerkerWear.com Policies updated 8/1/2011

Terms And Conditions

Acceptance of Terms 

The use of this site is governed by the policies, terms and conditions set forth below. Your use of this Website indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to BerzerkerWear.com indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by BerzerkerWear.com reserves the right to make changes to this site and these terms and conditions at any time. If You do not agree with all of these Terms, do not use this Website. 

Copyright and Trademark Notice 

This site is owned and operated by BerzerkerWear.com. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of BerzerkerWear.com, Copyright © 2002-2011, ALL RIGHTS RESERVED. All other artist, company, product or service names referenced in this Website are used for identification purposes and may be trademarks of their respective owners. All software used on the site is the sole property of BerzerkerWear.com or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without BerzerkerWear.com's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. 

Conduct 

You agree to use BerzerkerWear.com only for lawful purposes. You are prohibited from posting on or transmitting through BerzerkerWear.com any content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by BerzerkerWear.com to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the force of law. 

Typographical Errors 

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, BerzerkerWear.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BerzerkerWear.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. 

Links 

The Website may provide, or third parties may provide, links to other Internet sites or resources. Because BerzerkerWear.com has no control over such sites and resources, You acknowledge and agree that BerzerkerWear.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. BerzerkerWear.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

This Website may be linked to other Websites that are not under the control of and are not maintained by BerzerkerWear.com. BerzerkerWear.com is not responsible for the content of those sites. BerzerkerWear.com is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by BerzerkerWear.com of those sites. 

Indemnification 

You agree to indemnify and hold BerzerkerWear.com, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the use of the Website. 

Privacy Policy

Our Commitment To Privacy 

Your privacy is important to us here at BerzerkerWear.com. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. 

The Information We Collect: 

This notice applies to information collected or submitted on the BerzerkerWear.com Website. Types of personal information we collect are: 

Name
Address
Email address
Phone number
Credit/Debit Card Information (etc.) 

Your Information
BerzerkerWear.com respects your privacy, so the information collected is not traded with any third parties and is only used for internal analysis by BerzerkerWear.com. All outgoing emails are sent to opt-in lists. The information requested is used for billing and shipping purposes, and to make your visit to BerzerkerWear.com a pleasurable experience. 

The email address submitted to BerzerkerWear.com is only used for correspondence related to your orders unless you opt-in to one of one of the email lists. You can choose to opt out of any email list by simply replying to the email sent to you, and typing REMOVE into the subject line of the email. 

BerzerkerWear.com maintains a strict NO SPAM policy for all of its employees and affiliates. All employees and affiliates of BerzerkerWear.com must abide by the NO SPAM policy, or their rights to the affiliate programs will be retracted without exception. 

You will not be contacted by phone for any other purpose than to discuss matters related to your order if a problem with your order arises. BerzerkerWear.com will never use your phone number for marketing purposes. 

Your mailing address is used to deliver your order, and on occasion, may be used to deliver promotional materials, of which you can opt out at any time by contacting us and requesting to be removed from any future mailings. Simply email BerzerkerWear.com, and let BerzerkerWear.com know the mailing address to be removed from our mailing list. 

Log Files
Like the majority of standard Web servers, BerzerkerWear.com uses log files to track the traffic coming to and from the BerzerkerWear.com Website. Log files track user Internet protocol (IP) addresses, browser type and version, referring and exit pages, platform type, date and time, and pages viewed. This information allows BerzerkerWear.com to analyze trends and administer the Website to provide the best possible experience for BerzerkerWear.com shoppers. None of the above mentioned data is linked to any personally identifiable information. 

Updates and Special Offers
All new email subscribers are sent a welcoming email to verify their request to join that email list. Established members will receive updates on new and existing products, as well as information about BerzerkerWear.com specials and the BerzerkerWear.com newsletter. Every email gives the recipient to opt out of the email list by simply replying to the email with REMOVE in the subject line. 

Newsletters
All new newsletter subscribers are sent a welcoming email to verify their request to join that newsletter email list. Established members will receive the newsletter, which gives the recipient to opt out of the newsletter email list by simply replying to the email with REMOVE in the subject line. 

Tell A Friend
BerzerkerWear.com provides users with the ability to tell a friend about a particular product. We ask for the user’s email address, and BerzerkerWear.com automatically emails the friend announcing the product to the email recipient. The user can supply a custom message to the friend with this email. Neither email (from the user or the friend) is tracked by BerzerkerWear.com, and neither person will receive any future mailings from BerzerkerWear.com unless the user or email recipient join an email list, or use the Tell A Friend service again. 

Children Under 13
BerzerkerWear.com is a Website and service maintained by BerzerkerWear.com. Users under 13 are not permitted to join an email list or submit any personal information to BerzerkerWear.com. 

Updating / Deleting Personal Information
BerzerkerWear.com provides customers with the ability to update / delete their personal information within the system at any time. Existing customers can log into the Customer Login section at any time to update their billing and shipping information. If an existing customer would like their personal information deleted from the BerzerkerWear.com system at any time, they can contact us. 

Notification of Changes
Any changes made to the privacy policy will be posted within this section of the BerzerkerWear.com Website. Any updates to the Website will be posted on the home page, or in a place that BerzerkerWear.com deems as appropriate. 

Your Acceptance of This Policy
By using the BerzerkerWear.com Website, you accept the terms outlined in this Privacy Policy. If you do not agree to the BerzerkerWear.com policies, please do not use the BerzerkerWear.com Website. You may contact BerzerkerWear.com at any time if you have any questions about the BerzerkerWear.com Privacy Policy. 

If, for any reason, you feel that BerzerkerWear.com is not following its Privacy Policy, please contact us. 

Sales Tax

We are required to charge 6% state sales tax in Pennsylvania on certain products, including posters, stickers, and novelty items. Also, please note that all shipping and processing fees are subject to tax on orders containing above taxable items. BerzerkerWear.com calculates sales tax based on the customer's Bill To address. 

Cookies

BerzerkerWear.com uses Cookies to track items in your shopping cart. These Cookies are used for internal analysis, and to make your shopping experience pleasurable by offering a personalized shopping experience for you. A Cookie is a piece of data stored on the user’s computer containing information written to it. In no way, can any personal data be extracted from the user’s computer at any time. 

By using Cookies, BerzerkerWear.com can store selected products for each user. If the user chooses to reject Cookies, they may experience problems in their shopping experience by not being able to add products to their shopping cart. 

Sizes

Most of our shirts follow standard U.S. measurements for Adult T-shirts and womens' babydoll Ts, and are made of 100% preshrunk cotton. The following sizing chart provides general guidelines for our shirt sizes: 

Men's Measurements 

Size	Width (inches)	Length (inches)
Small	17	26
Medium	19	27
Large	21	29
X-Large	23	31
XX-Large	25	32

*All sizes are in inches and are approximate 

Babydolls/Fitted & Raglan Tees 

Size	Bust	Waist (inches)	Length (inches)	Dress Size
Small	28	26	22 1/8	0 - 2
Medium	30	28	22 3/4	4 - 6
Large	33	31	24	8 - 10

*All sizes are in inches and are approximate 

Returns

Returns are gladly accepted by us. We want you to be 100% satisfied with your purchase. However, there are a few stipulations. Returned items must be in re-saleable condition (washed or worn shirts will not be accepted). Sealed or shrink-wrapped items will not be accepted if the shrink wrap or seal has been broken. No returns on posters or CDs (unless CD is unopened). There will be no refunds of shipping & handling fees. Customer is responsible for all shipping related charges for sending items back to us. Items may be exchanged for another item or a different size. Please include your original invoice if possible, or at the very least, a note explaining your reason for the return (and invoice number, if known). Absolutely no returns or exchanges after 30 days. There is also a 10% restocking fee for all returns (unless the mistake was made by BerzerkerWear.com). 

Please note: we cannot offer credit for items which are returned in damaged condition, and recommend that you insure return/exchange shipments. 

You may return most new, unopened items within 30 days of delivery for a full refund. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.

Shipping Policies

Our primary method of shipment is U.S.P.S. First Class Mail or Priority Mail. For International orders we ship U.S.P.S Air Mail. All packages are shipped with a U.S.P.S. tracking number. International tracking is not paid for on International orders and requires an additional expense. 

Backordered Items

Our online ordering system tracks constant inventory, so all items are "In Stock" (about 99.9% accurate). However, from time to time, an item may not be available, or may not be available in your desired size. At this point, we will inform you of your options. Normally, we can order more inventory. If you indicate that you would like us to attempt a re-order, part or all of your shipment will remain on backorder, while the available portion will ship to you immediately if desired. If we are able to restock your item, your order will be filled immediately (normally 1 week). If your item is no longer available, we will notify you. 

Also, from time to time, you may receive your order in numerous packages. They should all arrive together, but sometimes may be delivered over the course of several days. This is due mainly to packaging issues. 

Shipping & Processing

 

Postage/Shipping Rates 

USA Shipping:

1-2 Items = $6.00 S&H
3-4 Items = $11.00 S&H 
5-9 Items = $15.00 S&H 
10 Items or more = FREE SHIPPING

Canada/Mexico Shipping:

1-2 Items = $11.00 S&H
3-4 Items = $21.00 S&H
5-8 Items = $25.00 
9-and up = ($3.50 per item)

International/World Shipping:

1-2 Items = $13.00 S&H
3-4 Items = $26.00 S&H
5-8 Items = $40.00 
9-and up = ( $5 per item)

 

Ordering by Mail

If you do not have a credit card, but would like to purchase merchandise, we will accept money orders made out in U.S. Funds. We also accept Paypal orders. You can order via mail by using the main site, adding items to your cart as you normally would, then simply indicate "Pay by Money Order" when checking out. This will calculate all shipping and processing fees automatically. Print our your order confirmation and mail your money order to: 

BerzerkerWear.com
3308 South First St.
Austin, TX 78704
USA 

International Orders

We do not accept International Orders made with a credit card. International orders may still be placed with PayPal, or with a check or money order made out in US funds. We thank you for your understanding in this matter. 

Contacting Us

You can reach us through our contact form. Orders cannot be placed over the phone - please use our secure ordering system (more below). 

Secure Shopping

Security
All Credit card orders are encrypted for your protection. Our Website is tested and certified daily to pass the FBI/SANS Internet Security Test. Additionally, we do not store credit card numbers - we actually never even SEE your credit card number. Your safety is guaranteed 100%. 

BerzerkerWear.com strives to offer state of the art technology to all of its customers, so the developers are frequently updating the system in order to provide maximum security and ease of shopping for BerzerkerWear.com customers. Secure Socket Layers (SSL) encryption is used to protect sensitive data transmitted to and from the BerzerkerWear.com Website. You can ensure that your information is being encrypted by noting two (2) items upon entering the checkout area. You will find a picture of an unbroken lock on the status bar near the bottom of your browser window, and you can see that the http:// in the location car of your browser window will read https://.