TERMS AND CONDITIONS
December 15, 2016
This website, located at the URL www.shopatethos.com (the “Website” or “site”), is operated by ETHOS (collectively “ETHOS”, “we,” “us” and “our”). We offer this website, including all information, tools and services available from this site to the user (collectively, “you” or “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, replace suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services, for any reason at our sole discretion and without notice. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. Your continued use of or access to the site following the posting of any changes constitutes acceptance of these changes. Please read these terms carefully. If you do not agree to all the terms and conditions, then you must immediately stop using the site. You represent and warrant that you are more than 18 years of age or are visiting our website with the permission and supervision of a parent or guardian to access and use the Services.
ORDER ACCEPTANCE AND ACCOUNT REGISTRATION
Upon placing an order, you will receive an email acknowledging the details of your order. This email does not constitute an acceptance of your order, contract or confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason at our sole discretion, whether or not your credit card has been charged. If applicable, your order will be refunded in the original form of payment. Please note all orders are subject to acceptance and availability.
In order to access certain features of the Website you may need to register and create an account (“Account”). You represent and warrant that the information you provide to us upon registering with the Services and at all other times is current, complete and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree not to share your password or do anything to jeopardize the security of your account. Furthermore, you agree to notify us immediately at email@example.com of any breach of security or unauthorized use of your account.
We make every effort to make sure details on our website are accurate. Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product discontinuation, shipping charges, transit time and availability. We may at our sole discretion, refuse or cancel any purchase, whether or not the purchase has been confirmed, for any or no reason at our sole discretion, without liability to you or any third party. We also reserve the right, at our sole discretion, to take steps to verify your identity to process your order.
We reserve the right to refuse or cancel any orders placed for products or service listed at the incorrect price as the result of an error. If this occurs, we will notify you by email. If you have already paid for the goods, we will refund the full amount as soon as we can and advise you of the canceled order. If the products are recalled in transit we will process your refund as soon as the products have been returned to us.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color or style will be accurate. No warranties are made by ETHOS with respect to any of the products, services, information, or other material purchased on or through the site.
You acknowledge and agree that any charges for gift card purchases or services are non-refundable and you are fully responsible for all charges to your account. Please note all special orders are made to order and are non-refundable. If you pre-order products, you will be required to pay a specified product pre-order deposit amount, for example 50% percent deposit, exclusive of shipping fees and taxes. Please anticipate a wait period of approximately four to seven months between the date you place your order and the date that the product is ready for shipment, at which point we will charge the remaining balance due for the pre-ordered product, plus shipping fees and any taxes or duties owed at such time that the product is ready. If we are notified by the designer, manufacturer or vendor that the product will not be produced or delivered, your order will be canceled and all monies deposited or paid will be refunded to you.
Unless otherwise noted, all currency references are in U.S. dollars.
For more detail, please review our Returns Policy below.
SHIPPING, INSURANCE, RISK OF LOSS
We offer a variety of shipping options, please check the shipping options at checkout for specific delivery options and fees. The risk of loss and title for items purchased from ETHOS pass to you upon delivery of the items to the carrier. All orders are dispatched requiring direct signature upon delivery. If you would like to waive our signature upon delivery requirement, you assume full liability for the items as soon it is handed to the carrier. We cannot be held responsible for lost, stolen or damaged packages.
The posted shipping time frame, if provided, may vary from item to item. Please allow 1-2 business days to process orders. Once processed you will receive your order in approximately 3-10 business days based on the service selected. We are unable to ship to P.O. Box and military addresses. Please note shipping charges are non-refundable. If a package is refused or returned undeliverable, all shipping costs will be deducted from refund amount. For international shipments, we are not responsible for any international shipping delays caused by the customs clearance process.
We accept returns and exchanges for all full price items within 14 days of original order date. Return Merchandise Authorization (RMA) requests must be made within this 14 day period. Items must be received by ETHOS within 7 days of RMA # issue date.
Returned items must be unworn, unwashed, unaltered and undamaged in original condition with all original tags attached. We reserve the right to decline a return or exchange request that does not meet our Return Policy requirements and the returned item(s) will be shipped back to the client at their cost.
Sale merchandise, swimwear, lingerie, fur and accessories including scarves, jewelry, home goods and fragrances are final sale. No exchanges or returns will be accepted. All shoes must be tried on a carpeted surface before wear and returned in their original shoe box. Shoes returned without the original box, a damaged box, or marked soles may not be accepted and will be returned to you. All special orders and gift card purchases or services are non-refundable.
We recommend packages be returned securely packaged and insured for the full value of the merchandise via traceable carrier. ETHOS does not assume responsibility for reimbursement or compensation of returned packages lost, stolen or mishandled.
We make every effort to fulfill online orders, but in the case an item on your order is unavailable we will notify you as soon as possible via email and you will not be charged for the out of stock item. Please note, we are not able to hold items for exchange.
INTELLECTUAL PROPERTY, USER COMMENTS AND SUBMISSIONS
All comments, feedback, suggestions, creative ideas, materials and other submissions disclosed, submitted or offered to ETHOS 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 our property. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments and/or to respond to any comments.
You are responsible for your actions when using the Services or content available on the Services. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Unless otherwise noted, all content and materials on the Website (“Website Content”) including text, graphics, images, designs, data files, icons, photographs, music, video or audio files, data, computer code, domain names and other materials is our property and is protected by United States and international copyright laws. The trademarks, logos, service marks and trade names of “ETHOS” and our affiliates may not be used without prior written permission. You may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the site. All other names, logos, product and service names, designs and slogans on this site are the trademarks of their respective owners. This Website is for your personal non-commercial use only. Any unauthorized use of any content or materials on this site may violate copyright and trademark laws and is strictly prohibited.
You agree to use this Website for its intended purpose. In addition to other prohibitions set forth in the Terms of Service, you warrant and agree that, while accessing or using the website or it Services, you will not: (a) use the Website or its Services in violation of any applicable law or for any unlawful purpose; (b) solicit others to perform or participate in any unlawful acts; (c) attempt to interfere with or otherwise alter, harm, circumvent, reverse engineer, steal from or gain unauthorized access to the Website or its Services; (d) submit false or misleading information, impersonate any person or any entity or misrepresent your affiliation with any person or entity; (e) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) use the Services to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to us or others; (g) use the Website or its Services in any manner that could interrupt, damage, disable, overburden or impair the Website; (h) reproduce, duplicate, publish, transmit, distribute, display, modify, interrupt, copy, collect, sell, resell or exploit in any way, in whole or in part, any of the Website or site contents; (i) upload or transmit viruses or any other type of malicious code, that will or may be used in any way that will affect the functionality or operation of the Services or of any related website; (j) use data mining, robots, or other data gathering devices on or through the Services; (k) spam, phish, pharm, pretext, spider, crawl, or scrape; (l) violate any international, federal, state or county regulations, rules, laws, or local ordinances; (m) post, transmit, publish or submit through the Website any material that we determine at our sole discretion is unlawful, insulting, harmful, harassing, abusive, intimidating, discriminating, vulgar, obscene, immoral, hateful, or racially, ethnically or otherwise objectionable, derogatory or harmful to our reputation or any of our respective officers, members, employees, suppliers, visitors or users in any way, or consists of or contains any commercial solicitation, mass mailing, junk or spam mail.
We reserve the right to suspend or terminate your use of the Services or any related website for any reason, without prior notice to you, at our discretion. You are responsible for any claims, fees, fines, penalties and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.
THIRD PARTY WEBSITES AND TOOLS
This site may include access or links to third-party websites, tools and applications, which we neither monitor nor have any control nor input. You assume all risk associated with dealing with third parties. You acknowledge and agree that we provide access ”as is” and “as available” without any warranties, representations or conditions of any kind. We are not responsible for and do not endorse any features, content, advertising, products or other materials on other websites or applications. Your use is entirely at your own risk and discretion and we shall have no liability arising from your use of any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party’s policies and practices before using their services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. You agree to resolve disputes directly with the other party and release us of all claims, demand and damages in disputes among users of the Services.
“Released Parties” include ETHOS, our retail stores, owner, Website, subsidiaries, affiliates, partners, officers, managers, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees.
By using the Service you agree to release, discharge and hold harmless ETHOS and the Released Parties, from any and all losses, damages, rights, claims, actions of any kind and injury arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the site. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
DISCLAIMER OF WARRANTIES
You understand and agree that your use of, or inability to use, the Services is at your sole risk, and the Services are provided on an “as is” and “as available” basis, without any representation, warranties or conditions of any kind, either express or implied, in relation to this site or any transaction that may be conducted on or through this site including but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
The Released Parties do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free, that the results that may be obtained from the use of the Services will be accurate or reliable, or that the quality of any goods or service available on the Services will meet your expectations, or any errors in the services will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the service. You use and access the Website or Website Content at your own risk and discretion. To the fullest extent permissible by applicable law, the Released Parties disclaim any and all warranties of any kind, whether express or implied and you are solely responsible for all losses and damages, including any loss of or damage to your business, computer equipment or data, arising out of or related to the use of the Services or downloading of the Website Content.
You acknowledge and agree that your sole and exclusive remedy for any problems or dissatisfaction with the Website is to close your account and discontinue use.
LIMITATION OF LIABILITY AND INDEMNIFICATION
You understand and agree in no case shall the Released Parties be liable for any injury, loss, or claim of any kind that arises out of or in connection with: (a) the sale, delivery or use of the any products or merchandise; (b) the use of or reliance on the Website or Website content; (c) the delay or inability to use the Website (d) any direct, indirect, incidental, punitive, special, exemplary or consequential damages of any kind including, without limitation damages for lost profits, lost revenue, lost savings, loss of goodwill or reputation, loss of data, costs of replacement goods or services, any loss, deletion or corruption of, or damage to, hardware, software or data, any inconvenience or business interruption, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted, transmitted, exchanged, received or otherwise made available on or through the Website, even if advised of their possibility. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations in this paragraph may not apply to you. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In no event shall the Released Parties be liable for any losses caused by forces or parties that are outside of our control, including third party service providers. To the maximum extent permitted by law, the Released Parties’ maximum liability arising out of or in connection with the Services or your use of our content, regardless of the cause of action, will not exceed one hundred U.S. dollars (US $100).
No waiver by us of any term or conditions set forth in these terms and conditions shall be deemed a further or continuing of such term or condition or waiver of any other term or condition. Our failure or delay to exercise or enforce any right, remedy or privilege under these terms and conditions shall not constitute a waiver of such right, remedy or privilege, in whole or in part.
We reserve the right to modify, suspend or terminate, at our sole discretion, at any time, temporarily or permanently, for any or no reason, without liability to you, any portion of this Website. You are responsible for any claims, fees, fines, penalties and other liability incurred by us or others caused by or arising out of your failure to comply or breach of these Terms and use of the Services.
All matters relating to the Website and these Terms of Service and any dispute or claim arising from or related to shall be governed by and construed in accordance with the laws of the State of California without regard to the principles of conflicts of laws. You agree to submit to the exclusive jurisdiction of the state and federal courts in San Francisco County, California, in any related action, dispute or proceeding. You also agree and acknowledge, with respect to any dispute with the Released Parties arising out of or relating to your use of the Services or these Terms: YOU VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NO LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS); YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim arose or be forever barred.
A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent as other business documents and records originally generated and maintained in printed form. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be invalid or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be superseded by a valid, enforceable provision that most accurately reflects the intent of the original provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted in these terms are reserved.
Questions about these terms and conditions should be sent to firstname.lastname@example.org
TERMS AND CONDITIONS