Terms of service
Terms of Service for OUTFAIR.COM
Overview
This website is operated by OUTFAIR. Throughout the site, “we”, “us” and “our” refer to OUTFAIR. OUTFAIR provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Acceptance is expressly limited to these Terms.
Any new features or tools added to the current store will also be subject to these Terms. 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, or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time. Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.
Section 3 - Accuracy of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. This site may contain certain historical information, which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time but are not obligated to update any information.
Section 4 - Modifications to Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 - Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display the colors and images of our products accurately. We cannot guarantee that your monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
Section 6 - Billing and Account Information
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
Section 8 - Third-Party Links
Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and will not have any liability for any third-party materials or websites.
Section 9 - User Comments and Submissions
If, at our request, you send specific submissions or send creative ideas, suggestions, or other materials, you agree that we may edit, copy, publish, and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
Section 10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11 - Errors and Omissions
Occasionally there may be information on our site that contains typographical errors or inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content for unlawful purposes, to solicit others to perform unlawful acts, to violate any laws, to infringe upon intellectual property rights, to harass or discriminate, to submit false information, to transmit viruses, or to interfere with the security features of the Service or any related website.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. You agree that your use of the service is at your sole risk. The service and all products delivered to you through the service are provided 'as is' and 'as available' without any warranties. OUTFAIR shall not be liable for any damages arising from your use of any of the service.
Section 14 - Indemnification
You agree to indemnify and hold harmless OUTFAIR and our affiliates from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
Section 16 - Termination
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services. We may also terminate this agreement at any time without notice if you fail to comply with any term or provision.
Section 17 - Entire Agreement
These Terms and any policies posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.
Section 18 - Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
Section 19 - Changes to Terms
We reserve the right to update or change these Terms by posting updates and changes to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Section 20 - Contact Information
Questions about the Terms of Service should be sent to us at info@outfair.com.