These Terms of Use govern your access to and use of www.higbies.com, and using the site means you agree to them.
1. Acceptance of Terms
These Terms of Use (the "Terms") form a binding agreement between you and Higbies ("Higbies," "we," "us," or "our"), the operator of www.higbies.com (the "Site"). By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.
You must be at least 18 years old, or the age of majority where you live, to place orders or create an account. If you are younger, you may use the Site only with the involvement and consent of a parent or legal guardian.
We may update these Terms at any time. Changes take effect when posted on the Site, and the "Last Updated" date will change accordingly. Your continued use of the Site after changes are posted means you accept the revised Terms.
2. Use of the Site
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purposes, subject to these Terms.
You agree not to:
Use the Site in violation of any applicable law or regulation.
Copy, scrape, harvest, or collect content or data from the Site by automated means (bots, spiders, crawlers) without our written permission.
Attempt to gain unauthorized access to the Site, its servers, accounts, or connected networks.
Introduce viruses, malware, or any code intended to disrupt, damage, or interfere with the Site.
Interfere with other users' use of the Site or place an unreasonable load on our infrastructure.
Impersonate any person or entity, or misrepresent your affiliation with anyone.
Use the Site to send spam, unsolicited promotions, or fraudulent communications.
Resell, sublicense, or commercially exploit any part of the Site without our written consent.
If you create an account, you are responsible for keeping your login credentials confidential and for all activity under your account. Notify us promptly of any unauthorized use.
3. Intellectual Property and Submissions
The Site and everything on it, including text, graphics, logos, images, product descriptions, photographs, and software, is owned by Higbies or its licensors and protected by copyright, trademark, and other intellectual property laws. "Higbies" and related names and logos are our trademarks. You may not use them without our prior written permission.
You may view and print Site content for personal, non-commercial use, provided you keep all copyright and proprietary notices intact. No other use, reproduction, modification, or distribution is permitted without our written consent.
If you submit reviews, comments, photos, or other content to the Site ("Submissions"), you retain ownership of them but grant Higbies a worldwide, royalty-free, perpetual, non-exclusive license to use, reproduce, modify, display, and distribute your Submissions in connection with operating and promoting the Site. You represent that your Submissions are your own, do not infringe anyone's rights, and are not unlawful, defamatory, or offensive. We may remove any Submission at our discretion.
If you believe content on the Site infringes your copyright, send a written notice to the contact address in Section 6 describing the work and the allegedly infringing material, and we will review it promptly.
4. Online Store, Orders, and Third-Party Links
We try to describe and display products accurately, but we do not guarantee that descriptions, images, colors, or other content are complete, current, or error-free. Prices and availability may change without notice.
All orders are offers by you to buy and are subject to our acceptance. We may refuse or cancel any order, including for pricing errors, suspected fraud, or product unavailability. If we cancel an order after payment, we will refund the amount charged. Payment is due at the time of purchase, and you authorize us (or our payment processor) to charge your chosen payment method. Applicable taxes and shipping charges are shown at checkout. Shipping, returns, and refunds are governed by our posted policies, which are incorporated into these Terms.
Pricing and payment. All prices are in U.S. dollars unless stated otherwise and do not include taxes or shipping, which are added at checkout. We accept the payment methods shown at checkout. You represent that you are authorized to use the payment method you provide, and that the billing information is accurate and complete. Card payments are processed by third-party payment processors, and we do not store your full card number.
Promotions and discount codes. Promotional offers and codes are subject to their stated terms, may not be combined unless stated, have no cash value, and may be withdrawn at any time.
Shipping and delivery. Delivery dates are estimates, not guarantees. We ship only to the locations offered at checkout. Risk of loss passes to you when the carrier delivers the order to the address you provided, so please enter it carefully. We are not responsible for delays caused by carriers, weather, or other events outside our control.
Returns, exchanges, and refunds. All sales are final. We do not accept returns, exchanges, or refunds for buyer's remorse, including a change of mind or ordering the wrong item. If an item arrives damaged, defective, or incorrect, contact us using the details in Section 6 within 7 days of delivery, with your order number and photos, and we will repair, replace, or refund it at our discretion. Approved refunds are issued to the original payment method.
Product use and warranties. Manufacturer warranties, where offered, are passed through to you and are the manufacturer's responsibility. Follow all product instructions and safety warnings, and use products only as intended.
The Site may link to third-party websites or services. We do not control them and are not responsible for their content, policies, or practices. Accessing them is at your own risk, and a link does not mean we endorse them.
5. Disclaimers, Limitation of Liability, and Indemnification
Disclaimer. The Site and all content are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or free of errors or harmful components.
Limitation of liability. To the fullest extent permitted by law, Higbies and its owners, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of or inability to use the Site. Our total liability for any claim relating to the Site will not exceed the greater of the amount you paid us in the 12 months before the claim or $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
Indemnification. You agree to defend, indemnify, and hold harmless Higbies and its owners, employees, and affiliates from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your Submissions, or your misuse of the Site.
6. Termination, Governing Law, and Contact
Termination. We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms or misused the Site. Sections on intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive termination.
Governing law. These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. You and Higbies agree that any dispute arising from these Terms or the Site will be resolved exclusively in the state or federal courts located in Travis County, Texas, and you consent to that jurisdiction.
General. If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with our Privacy Policy and posted store policies, are the entire agreement between you and Higbies regarding the Site.
Contact. Questions about these Terms can be sent to Higbies at 720 Brazos St Ste B-710, Austin, TX 78701, by email at higbiesaustin@gmail.com, or by phone at (512) 500-4060.
Last Updated: October 27, 2026