Terms of Sale
This document contains important information about your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you. Please read it carefully.
These terms require that disputes be resolved on an individual basis through arbitration, not through a jury trial or class action.
By ordering products or services through our website or application, you accept and agree to be bound by these terms and conditions.
You may not order or receive products or services from our website or application if you: (A) do not agree to these terms; (B) are under (I) 18 years of age or (II) have reached the legal age of entering into a binding contract (whichever is earlier); or (C) are prohibited from accessing or using our website, application, or any content, products, or services of our website or application under applicable law.
These terms and conditions (hereinafter referred to as “these Terms”) apply to products and services purchased and sold through the website or through mobile applications (collectively, “Applications”) downloaded from authorized distribution channels such as the Apple App Store® or Google Play Store®. Our affiliates and all our brands may change these Terms at any time at their sole discretion without prior written notice. The latest version of these Terms will be posted on the website and application, and you should carefully read these Terms before purchasing any products or services offered through the website or application. Your continued purchase of our products and services through the website or application after these changes are posted constitutes your acceptance and agreement to those changes.
These Terms form part of the Website Terms of Use and apply to your general use of our website and application. You should also carefully read our Privacy Statement (see Section 8) before ordering products or services through the website or application.
Order Acceptance and Cancellation
You agree that your order constitutes an offer to purchase from us all the products and services listed in the order, pursuant to these Terms. All orders must be accepted by us; otherwise, we will not be obligated to sell you any products or services. We reserve the right to accept any order at our sole discretion. Upon receiving your order, we will send you a confirmation email containing your order number and details of the ordered items. Only after you receive the order confirmation email will we accept your order, and only then will a sales contract be formed between you and the corresponding entity displayed on the website or the application you used to place the order.
Pricing and Payment Terms
All prices posted on the website and app are subject to change without notice. The final price of a product or service is the price at the time you place your order and will be listed in your order confirmation email. Price increases only apply to orders placed after the price change. Prices listed do not include taxes (including sales tax, VAT, or other similar taxes required in your jurisdiction), customs duties, or shipping and handling fees. All such taxes will be included in your total purchase price and listed item by item in your shopping cart and order confirmation email. We are not responsible for any pricing errors, typographical errors, or other errors in any offers we provide and reserve the right to cancel any orders resulting from such errors.
Payment methods are entirely at our discretion, and we must receive payment before accepting the order. We accept all major credit and debit cards (please note that we use Shopify as our e-commerce platform, which may offer other payment options at checkout, such as virtual payments via PayPal, Amazon Pay, Apple Pay, Google Pay, or other similar methods). You represent and warrant that: (i) the payment information you provide to us is true, accurate, and complete; (ii) you have been legally authorized to use this payment method to make the purchase; (iii) your credit or debit card company or other financial institution will cover the costs incurred; and (iv) you will pay the published prices, including all applicable taxes (if any).
Accuracy and Completeness of Product Information and Colors
While we strive to ensure the completeness and accuracy of the product information provided on the website and application, we make no representations, warranties, or guarantees regarding the correctness or accuracy of the information on the website, application, or the product information thereon. The website or application may contain typographical errors, inaccuracies, or other errors, and third parties may add, delete, and modify the website or application without authorization. If you find any such inaccuracies or other errors, please inform us so that we can correct them. We reserve the right to unilaterally correct any inaccuracies or other errors on the website or application without prior notice. Information on the website and application may change or be updated without prior notice. Furthermore, we are not responsible for any information or other content posted on the website or application by any third party unrelated to us.
We have made every effort to ensure that the colors of the products sold or other goods are accurately displayed on our website and app. However, the colors you actually see may vary depending on your monitor and other computing devices, and we cannot guarantee that any color you see will be completely accurate.
Shipping; Delivery; Ownership and Risk of Loss
Our shipping areas and estimated delivery times may vary depending on the subsidiary, affiliate, or brand you purchase from.
We will arrange for the product to be shipped. Please check the brand page for specific shipping methods and times, and the product page for shipping options applicable to that product. You are responsible for all shipping and handling fees displayed during the ordering process.
Ownership and risk of loss transfer to you once we hand over the product to the carrier. The shipping and delivery dates listed on our website or any order confirmation email are estimated dates only and cannot be guaranteed. We are not liable for any shipping delays.
Returns and Refunds
Except for products that are expressly marked as non-refundable on the website or app, we will accept returns and refund your purchase price, deducting the original shipping and handling fees. The return must be completed within the brand’s or product’s specified timeframe, and the product must be unused, with all original tags and hangtags intact and in its original condition, or comply with other regulations on the website or app. Certain garments (such as underwear or similar items) are not eligible for return. Other garments must be unwashed and unworn, with all tags intact, and free from cosmetics, deodorants, animal hair, or any other similar items. For returns, you must request a Return Authorization (“RMA”) following the specific instructions for the brand or product. Please provide the Return Authorization Code (RMA) before shipping. Without a Return Authorization Code (RMA), we will not accept any type of return. For more information on our return policy and process, please visit:
You are responsible for all return shipping and handling costs. You also assume the risk of loss or damage during transit. We recommend that you purchase full insurance for returned items in case of loss or damage and choose a carrier that can provide proof of delivery to protect your interests. All returned items will be inspected before a refund is issued.
Refunds will be processed within approximately ten (10) business days after we inspect your returned item. Refunds will be issued to the same payment method you used when making the original purchase on the website or app. Without limiting any other restrictions posted on the applicable website or app, we do not offer refunds for items marked as non-refundable or end-of-life on the website or app, or items that do not meet the return conditions.
Limited Warranty
We offer a limited warranty for each brand, giving you specific legal rights at the time of your purchase of our products and services.
We limit the duration and remedies of all implied warranties (including, but not limited to, warranties of merchantability and fitness for a particular purpose) to be the same as the duration of this Limited Warranty. Some states do not allow the limitation of the duration of implied warranties, so the above limitation may not apply to you. Our liability for defective products is limited to repair, replacement, or refund as set forth in this warranty statement.
Limitation of Liability. Your sole remedy and our entire obligation and liability for any breach of our Limited Warranty is a refund of your purchase price or a replacement of the defective product. Under no circumstances shall our liability exceed the actual amount you paid for the defective product through the website or application; and under no circumstances shall we be liable for any loss of production, loss of jobs, loss of data, loss of use, loss of business, loss of goodwill, loss of reputation, loss of revenue or profits, any impairment of value, the cost of substitute goods or services, or any consequential, incidental, special, or punitive damages or losses (whether direct or indirect).
Some states do not allow the exclusion or limitation of incidental or indirect damages, therefore the foregoing limitations or exclusions may not apply to you.
You agree to comply with all applicable laws and regulations of the states and the United States, including all export control regulations as defined below. Products and services purchased from the website or application may be subject to export control regulations, including, but not limited to, the Export Administration Act of 1979 (50 USC 2401-2410), the Export Administration Regulations enacted under that Act (15 CFR 768-799), the International Trade in Arms Regulations (22 CFR 120-128 and 130), and their subsequent and supplemental regulations (collectively, the “Export Administration Regulations”). Export Control Regulations.
Unless otherwise agreed in writing that you act as a distributor or retailer of products and services, you represent and warrant that the products or services you purchase from the website or application are for your personal or household use only (or as a gift to another person for their personal or household use), and not for resale. Unless you agree in writing otherwise, or in accordance with its shipping policy, to ship the products or services directly to other countries, you represent and warrant that the products or services you purchase from the website or application are not intended for export as brand new goods; if you do export any goods (whether brand new or not), you will be solely responsible for ensuring the legality of the imported goods in the destination country and for any import duties, taxes, or other obligations.
Privacy We respect and are committed to protecting your privacy. Our privacy statement governs how we handle all personal data collected when you purchase products or services through the website and application.
Force Majeure We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions, nor shall such failure or delay be deemed a breach of these Terms and Conditions, arising from actions or circumstances beyond our reasonable control (including, but not limited to, natural disasters, floods, fires, earthquakes, explosions, government actions, war, invasion or hostilities (whether or not declared), terrorist threats or acts, riots or other civil unrest, national emergencies, revolutions, civil unrest, epidemics, work stoppages, strikes or other labor disputes (whether or not related to our employees), restrictions or delays affecting the carrier, inability or delay in obtaining adequate or suitable supplies of materials, material or telecommunications failures or power outages).
Applicable Law and Jurisdiction Any matter arising out of or relating to these Terms shall be governed by and construed in accordance with the internal laws of the State of Utah, without regard to any choice-of-law or conflict-of-laws clauses or rules (whether in Utah or any other jurisdiction) that may result in the application of the laws of any other jurisdiction outside of Utah.
Dispute Resolution and Binding Arbitration
You agree to waive any right to bring action before a court or jury, and to waive the right to participate in any class action or representative action. If you choose to bring action, any other rights you may have may not be available or may be limited in arbitration.
Any claim, dispute, or controversy between you and us arising out of or relating to your purchase of products or services through the website or application (whether contractual, tort, or otherwise, whether prior, present, or future, including statutory claims, consumer protection claims, common law claims, willful tort claims, injunctive relief claims, and equitable claims) shall be settled finally and exclusively through binding arbitration.
Arbitration employs neutral arbitrators rather than judges or juries, has a more limited scope of discovery than court proceedings, and is subject to court scrutiny. The arbitrator’s authority is also quite limited. The arbitrator may award the same damages and remedies as a court. The arbitration will be administered by the Judicial Arbitration and Mediation Services (“JAMS”) in accordance with the then-effective JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), except as otherwise provided in Section 11 (the JAMS Rules are available at https://jamsadr.com/rules-comprehensive-arbitration/). You agree that once you agree to these Terms, their interpretation and enforcement will be governed by the Federal Arbitration Act.
The arbitrator has exclusive jurisdiction to resolve any dispute relating to the arbitrability and/or enforceability of this Arbitration Agreement, including any objection to unfairness, or any other objection to the invalidity, voidability, or otherwise invalidity of the Arbitration Agreement or Agreement. The arbitrator has the authority to grant any relief available to the court under law or equity. The arbitral award is final and binding on both parties and may be enforced as a judgment in any court of competent jurisdiction.
If you seek arbitration or choose to bring a small claims action, you must first contact the arbitrator by registered mail. (or its applicable affiliates, subsidiaries, or brands) send a written notice of claim (the “Notice”) to the address below. If arbitration proceedings are initiated, the Notice will be sent to your filed address. Whether the Notice is sent by you or is sent by you, it must: (a) state the nature and basis of the claim or dispute; and (b) state the specific remedy sought (the “Request”). If you are unable to reach an agreement to settle your claim within 30 days of receiving the Notice, you may initiate arbitration proceedings or bring suit in the Small Claims Court. Except for class action claims as described below, arbitration or small claims proceedings are limited to your individual dispute or controversy.
If we are unable to settle your claim within 30 days of receiving the Notice, you may bring suit in JAMS. If you are required to pay a filing fee, it will be refunded immediately upon receipt of your notice of arbitration (address below), unless your claim exceeds $10,000. In this case, you will be responsible for the filing fee.
Except for disputes that meet the criteria for class arbitration as defined below, neither you, nor your affiliates, subsidiaries, or brands have the right to consolidate or join claims with other customers in court or arbitration, or to participate in any claim as a class representative, class member, or private prosecutor. Except in class arbitration, the arbitral tribunal may not consolidate claims from more than one person, nor may it preside over any form of representative action or class action in any other manner. The arbitral tribunal has no jurisdiction to review the enforceability of this class arbitration waiver, and any objection to this class arbitration waiver may only be submitted to a court with competent jurisdiction.
This Arbitration Clause shall remain in force after the termination of these Terms of Sale. If this Clause is held unenforceable, then (a) this Arbitration Clause shall be void in its entirety, but the remaining provisions of these Terms of Sale shall remain in full force and effect; and (b) the exclusive jurisdiction and venue for any claim shall be as stated above.
Tasks
You may not assign any of your rights under these Terms or delegate any of your obligations under these Terms to another person without our prior written consent. Any assignment or delegation in violation of this Section 12 shall be void. No assignment or delegation shall release you from any obligation under these Terms.
No Waiver of Rights
Our failure to exercise any right or provision under these Terms shall not constitute a waiver of any future right or provision. A waiver of any right or provision shall only be valid if it is made in writing and signed by a duly authorized representative.
No Third-Party Beneficiaries
These Terms do not confer, nor are they intended to confer, any rights or remedies upon any person other than you.
Notices
To you. We may give you any notice pursuant to these Terms by: (i) sending an email to the email address you provided; or (ii) posting a notice on the website or application. Notices sent by email shall be effective from the date we send the email, while notices provided by post shall be effective from the date of posting. It is your responsibility to ensure that your email address remains valid at all times.
Severability
If any provision of these Terms is invalid, illegal, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions of these Terms.
Complete Agreement
Our order confirmation, these Terms, our website terms of use, and our privacy policy shall constitute the final and complete agreement between you and us concerning the matters contained herein.
Reliance on Published Information
The information provided on this website or application is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of the information. Any reliance on such information is at your own risk. We assume no liability whatsoever for any reliance on such information by you or any other user of this website or application, or any person who may have access to its content.
The website or application may contain content provided by third parties, including materials provided by other users and/or reporting services. Apart from the content provided, all statements and/or opinions expressed in all such materials, as well as all articles, question responses, and other content, represent the views of the individuals or entities providing such materials, and they are solely responsible for them. These materials do not necessarily reflect the views of the individuals or entities providing them. We assume no responsibility for the content or accuracy of any third-party provided materials, and have no obligation to you or any third party.
Changes to the Website or Application
We may update the content on the website or application from time to time, but this content may not be complete or up-to-date. Any materials on the website or application may become outdated at any time, and we have no obligation to update such materials.
Information about you and your visits to the website or application
All information we collect on the website or application is governed by our Privacy Statement. By using this website, you consent to all actions we take regarding your information in accordance with the Privacy Statement.
Online Shopping and Other Terms and Conditions
All transactions involving purchases made through our website or other product sales conducted through the website or application, or transactions arising from your visits to our website, are governed by the brand’s terms of sale, which are hereby incorporated into these Terms of Use.
Links to the Website and Social Media Features
You may link to our website’s homepage or product pages, provided that you do so in a fair and lawful manner and without harming or exploiting our reputation. However, you may not establish a link in any way that implies any form of association, endorsement, or support between us and you without our express written consent.
Our websites and applications may offer certain social media features that enable you to:
Link to certain content on the website from your own or certain third-party social media websites.
Make certain content on the website appear to be displayed or seemingly displayed on your own or certain third-party social media websites.
You may only use these features as we provide them and are subject to any other terms and conditions we provide for such features. Subject to the foregoing, you may not:
Create links on any social media pages or other websites not owned by you.
Allow any part of this website or any portion thereof to appear to be displayed on any other website via frames, deep links, or inline links.
Link to any part of the website other than the homepage or to specific product pages on the website.
Otherwise, you may not take any action with respect to materials on the website that is inconsistent with the other provisions of these Terms of Use.
You agree to cooperate with us to immediately cease any unauthorized frame embedding or linking. We reserve the right to revoke linking licenses at any time without notice.
We reserve the right to disable all or any social media features and links at any time at our sole discretion without notice.
Links from Websites or Applications
If this website or application contains links to third-party websites and resources, these links are provided solely for your convenience. We have no control over the content of these websites or resources and are not liable for their content or for any loss or damage you may suffer as a result of using their content. If you decide to access any third-party websites linked to this website or application, you do so entirely at your own risk and will be subject to the terms and conditions of use of such websites.
Geographic Restrictions This website is owned by a company located in Utah, USA. We welcome users outside the United States to access our website (and applications, if any) and make purchases through our website and applications (if applicable), but we do not guarantee that the website or application and any content thereof will be accessible or applicable outside the United States. Access to the website, application, or products and services offered by it may be illegal for certain individuals or in certain countries. If you access the website or application from outside the United States, or purchase or attempt to purchase any of our products and services through the website or application, you do so voluntarily and are responsible for complying with local laws.
Website/Application Disclaimer You understand that we cannot and do not guarantee that files downloaded from the Internet, website, or application are free from viruses or other destructive code. You are responsible for taking adequate measures and checkpoints to meet your specific requirements for antivirus protection and data input/output accuracy, and for maintaining means beyond our website or application to allow for recovery in the event of any data loss. We are not liable for any loss or damage caused by distributed denial-of-service attacks, viruses, or other technically harmful substances that may infect your computer equipment, computer programs, data, or other proprietary material. Such loss or damage may arise from your use of the website, application, or any services or items obtained through the website or application, or from any material you download from the website or any website linked to the website.
You use this website, application, and its content, as well as any services or items obtained through this website or application, at your own risk. This website, application, and its content are provided “as is” and “as available” without any express or implied warranties of any kind. Neither the website, application, nor any related party makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of this website or application. Without limiting the foregoing, neither the website, application, nor any related party represents or warrants that the website, application, or its content is accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website, application, or the servers providing these services are free of viruses or other harmful components, or that the website or application will otherwise meet your needs or expectations.
Therefore, no warranties of any kind, express or implied, are provided, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.
The foregoing does not affect any warranties that may not be excluded or limited under applicable law. The foregoing provisions do not affect any express warranties regarding goods or services purchased through the website or application.
Limitation of Liability In no event shall its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any damages of any kind, arising out of or related to your use of or inability to use this website, application, any website linked to this website, this website, application, or any content on such other websites, including but not limited to any direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, mental anguish, loss, etc. Loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, whether caused by tort (including negligence), breach of contract, or other cause, even if foreseeable, shall also be borne by the company. The foregoing provisions do not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless Delaware and its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claim, liability, damage, judgment, award, loss, cost, expense, or charge (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Website or Application, including but not limited to your user contributions, any use of the content, services, and products of the Website or Application other than expressly permitted by these Terms of Use, or your use of any information obtained from the Website or Application.
Governing Law
All matters relating to this Website and these Terms of Use, and any dispute or claim (including non-contractual disputes or claims) arising out of or relating to this Website or these Terms of Use, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any choice of law or conflict of law clauses or rules (whether Delaware law or the laws of any other jurisdiction).
Jurisdiction Any legal action, action, or proceeding arising out of or relating to these Terms of Use, the Website, or the Application (excluding the purchase of a product, which is subject to the terms of sale of that product), if determined to be non-arbitrable under Section 22, shall be brought solely in the United States federal courts located in Weber County, Ogden, Utah, or in the courts of the State of Utah. However, we reserve the right to bring any action, action, or proceeding against you in your country of residence or any other relevant country in connection with a breach of these Terms of Use. You waive any and all objections to the exercise of jurisdiction over you by the aforementioned courts and to any action brought against you in the aforementioned courts.
Statute of Limitations Any action or claim arising out of or relating to these Terms of Use or the Website must be brought within one (1) year of the occurrence of the cause of action, otherwise such action or claim will be permanently barred.
Waste and Severability A waiver of any term or condition of these Terms of Use shall not be deemed a further or continuing waiver of that term or condition, nor a waiver of any other term or condition; failure to assert any right or provision under these Terms of Use shall not constitute a waiver of that right or provision.
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or other tribunal, that provision shall be deleted or limited to the minimum necessary to leave the remaining provisions of these Terms of Use in full force and effect.
Complete Agreement
These Terms of Use, our Privacy Statement, and Terms of Sale constitute the sole and complete agreement between you and the website and supersede all prior written and oral understandings, agreements, representations, and warranties concerning the website.