CHAIKEN CLOTHING, LP
TERMS AND CONDITIONS OF SALE
The following terms and conditions of sale ("Sale Terms") apply to your purchases of any products from Chaiken Clothing, LP ("Company"), except to the extent that you have entered into a separate written agreement with Company that expressly supersedes some or all of these Sale Terms. These Sales Terms are subject to change without prior written notice at any time, in Company's sole discretion. By placing an order for products through www.chaikenclothing.com or any other web site of Company (the "Sites"), you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Company, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.
1. Your Account
When you purchase from Company, you may elect to create an account for yourself as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
2. Payment Terms
Company currently accepts VISA, Discover, MasterCard and American Express credit cards. You may also pay for products purchased on our Site using PayPal.
3. Shipping Terms and Policies
We endeavor to ship all orders for in stock items within 4 business days. Our standard business hours are Monday through Friday 9 a.m. to 5 p.m. Pacific Time. Standard shipping is typically via UPS ground and you should allow 3-7 business days for standard delivery within the continental U.S. once an order has been shipped. Orders shipped to Hawaii, Alaska and other U.S. territories are subject to longer delivery times and additional shipping fees may apply. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Shipping charges are based on the value of your order and a link to our current shipping fee chart is set forth below. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
All orders are shipped FOB shipping point. Title to products passes from Company to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
4. Back Orders
If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Your packing slip will indicate back ordered items.
5. Return and Exchange Policies
We will gladly accept any defective merchandise for return and replacement provided that the request for return is made within ten days of receipt and the defective merchandise is accompanied by the original packaging and a copy of the packing slip. If for some reason the defective merchandise cannot be replaced, you will receive a full refund. All shipping charges for returns and exchanges are the responsibility of the customer.
6. Product Availability and Pricing
Company and its suppliers continually revise Company products and service offerings to provide you with new products and services. Company may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.
7. Product Descriptions; Pricing; Errors
Company attempts to be as accurate as possible and eliminate errors on its Sites. However, we do not warrant that product descriptions, photographs, pricing or other content of this site is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Company is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
8. Privacy Policy
Company believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how Company collects and uses information from users of the Sites.
9. Secure Orders
Orders are placed through our Sites using SSL software, which encrypts the information you transmit to our site, including credit card numbers, names and addresses. However, while we have taken efforts to guard your personal information, we cannot guarantee that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. This is especially true when you access our Service through a wireless connection.
10. Who We Sell To
Company only sells products to adults. If you are under 18, you may use our Site only with involvement of a parent or guardian. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
11. Warranties
COMPANY AND ITS SUPPLIERS PROVIDE ALL PRODUCTS AND SERVICES "AS IS" AND WITH ALL FAULTS. COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS SOLD ON ITS SITES.
12. Limitation of Liability
COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY'S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE.
13. Governing Law; Venue
These Sale Terms and your purchase of products from Company though this Site shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Sales Terms or your purchase of products shall be filed only in the state and federal courts located in the County of San Francisco, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
