Terms of Sale
TERMS OF SALE
Last Updated: November 9, 2022
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY.
THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO THESE TERMS (DEFINED BELOW) IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE (DEFINED BELOW) AND MUST NOT PURCHASE ANY PRODUCTS FROM US.
- Applicability of Terms and Conditions: These terms and conditions (these “Terms”) shall apply to your purchase of products and related services through https://www.watskinsunwear.com (the “Site”). These Terms are subject to change at any time without prior written notice by Watskin, LLC (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made. You are referred to herein as “you” or “your” and when we use “you” or “your” we are referring to you and any person, party or entity who uses the Site.
- Online Orders: When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
- Payment Terms and Taxes: All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, a bona-fide electronic payment provider (i.e., PayPal) or any other method of payment accepted by us (collectively “Third Party Payment Provider). By using any Third Party Payment Provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. You agree to abide by all agreements that you may enter into with any Third Party Payment Provider while using our Site or purchasing any products. Please be aware that all payment information will be stored and secured by the Third Party Payment Provider and not us. Depending on the laws of your jurisdiction you may be taxed for any purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes, and you agree to cooperate with any of our requests related to any tax payment verification.
- Shipping: Please ensure that any shipping information submitted by you is accurate and up to date, we cannot be responsible for any delays or losses of product where you have failed to provide us with up to date and accurate shipping information. You will be responsible for all associated shipping & handling charges. At checkout you may be able to select from multiple shipping options. Shipping is generally available as listed at the time of checkout. Prices for each location may vary and all shipping times are merely estimates. As we do not transport the products we cannot guarantee shipping times. Depending where items are shipped, you may be issued a tracking number that allows you to check the status of your package; however, not all shipments will include tracking numbers. All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you and the carrier upon tender of the item to the third-party shipping carrier. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment, please contact us immediately.
- Returns: All sales are final and non-refundable. For questions about a purchase, contact us at email@example.com.
- Product Issues, Availability, and Pricing: It is possible that some of the products listed on our Site may be incorrectly priced, improperly labeled, or unavailable. Additionally, other errors may be displayed on the product page. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our product listings at all times. Although we try to keep all products on our Site available and on hand, there may be times where such products or specific sizes or colors, are unavailable. We attempt to have updated pricing on our Site. However, prices may change from time to time and we cannot guarantee that any price displayed is the correct price for any of the products listed on our Site. In the event that any prices are mislabeled we reserve the right to cancel your order or to notify you of our updated price. You must then agree to our updated pricing before your order shall be fulfilled.
- Product Photos and Sizing: Please be aware that all photos of any products on the Site are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Site, it is possible that some photos shown on our Site may not exactly match the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all sizing and measurements are approximate and not exact.
- Chargebacks and Credit Card Declines: If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time. Where your credit card has been declined after our products have been shipped, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.
Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability:
- Buyer’s R&Ws.You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale and/or export.
- Disclaimer of Warranties:Any goods purchased by you on the Site are sold “as is”, “with all faults”, and without any representation, warranties, or conditions of any kind, either express or implied (whether by law, course of dealing, course of performance, usage or trade, or otherwise), including all implied warranties or conditions or merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that any products purchased are free from defects or errors.
- Sole and Exclusive Remedies/Liability Cap:. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND,WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Third Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
- Force Majeure: Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, endemics, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
- Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
- Partial Invalidity: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law/Binding Arbitration:
- Governing Law:These Terms shall be governed by the laws of the State of New York without regard to its conflict of laws principles.
- Binding Arbitration:Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its consumer arbitration rules which can be found at www.adr.org. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in New York, New York. The language of the arbitration shall be English and each party shall bear its own costs in arbitration. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced. Arbitration Opt-Out: You may opt-out of this dispute resolution provision by notifying us within 30 days of the date on which you entered into these Terms or purchased any products from us, whichever is earlier. You must do so by writing to Watskin, LLC, 521 Fifth Avenue, Suite 1804, New York, NY 10175, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with us through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within New York, New York and all such disputes shall be subject to New York law.
- No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
- Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at: firstname.lastname@example.org; or (ii) personal delivery, overnight courier, or registered or certified mail to: Watskin, LLC, 521 Fifth Avenue, Suite 1804, New York, NY 10175.
- Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, arbitration and disputes, payment obligations, warranty disclaimers, indemnity, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site at any time and for any reason.
- Termination: We may terminate your access to the Site or these Terms if we determine that: (i) you have violated any applicable laws while using our Site; (ii) if you have violated these Terms or any other of our Site policies; or (3) if we believe that any of your actions may harm us or our business interests.
- Electronic Communications: The communications between you and us use electronic means, whether you visit the Site or send us e-mails, or whether we post notices on the Site or communicate with you via e-mail. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- We may amend these Terms from time to time. When we amend these Terms, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
- Third Party Sites. The Site may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Site, you expressly release us from any and all liability arising from your use of any third-party website.
- Site Availability and Modification: We do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. Nothing in this Section obligates us to make the Site available at any time.
- WATSKIN SMS Insider
- Special offers, early access, VIP discounts.
- You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com.
- Carriers are not liable for delayed or undelivered messages
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages monthly or quarterly when we have news to share. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.