1. Consent; Agreement
By using A&F’s products and services, including visiting or browsing A&F’s mobile application, website, or Online Shop and purchasing items (“Services”), you (“User”, “Customer” or “you”) agree to be bound by this TOU, including those additional terms, conditions and policies that may be referenced by hyperlink. This TOU applies to all Users of the Services, including, without limitation, users who are vendors, customers, merchants, and
contributors of content, information and other materials or Services on the Site.
A&F reserves the right to remove any item, picture, or posting from its Site at any time and for any reason without notice to any User. A&F is under no obligation to remove or change any item, picture, or posting from its Site. A&F reserves the right to refuse service to anyone and to discontinue existing service at any time. A&F also reserves the right to stop offering any of its Services to any User, at its sole discretion, including if it determines the User’s conduct to be disruptive to the business and reputation of its Site.
A&F is a community for those who love to sell, and a destination for those who love to shop. With an emphasis on creating a marketplace to bring together artists, indie designers, vintage collectors and enthusiasts, A&F is an ideal choice for buyers of these goods. A&F’s Online Shop is a place where Customers can find unique designs, arts and crafts, vintage collections and useful household items sourced from A&F’s community of merchants. A&F stands behind the quality of the goods advertised on its site. Its goal is to make sure that the Customer is satisfied with its experience using A&F and with any purchases made. If the Customer is dissatisfied with its purchase, please, contact A&F and review A&F’s Return Policy below.
4. User Representations, Covenants and License
By using our Services, User represents to A&F that (a) s/he is not a minor under applicable laws and has the authority to enter into legal contracts, and any information User has provided A&F, to the best of User’s knowledge is complete, truthful and accurate. User acknowledges that s/he has been granted a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another customer, merchant, vendor or any other third-party; the license also does not include caching, unauthorized hyperlinks to the Site, uploading, posting, or transmitting any content that User does not have legal rights to (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer codes or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in A&F’s sole discretion) an unreasonable or disproportionately large load on A&F’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
In no event shall A&F, its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental arising out of or relating to the conduct of User or anyone else in connection with the use of the Site, the Services or this TOU, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
User agrees to indemnify and hold A&F harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of User’s breach of this agreement or the documents it incorporates by reference, or User’s violation of any law or the rights of a third party.
A&F makes no representations whatsoever about the content or functioning of any other websites linked to A&F, and User may use or access other third-party sites, but the use of such links or websites is entirely at User’s own risk.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
9. Orders subject to acceptance, availability and payment
(i) Shopping Basket. All orders are subject to acceptance and availability. Items in Customer’s shopping basket are not removed from available inventory, and the items may be purchased by other Customers until they have been paid for in full by Customer. (ii) In-Stock. A&F offers products for sale that are in stock and available for dispatch. Occasionally, however, A&F may be waiting for shipments from its vendors and suppliers. A&F might also receive simultaneous orders which may result in items being no longer available. In these circumstances, Customer will be notified by A&F’s customer service as soon as possible. (iii) Multiple Quantities of the Same Item. A&F reserves the right to restrict multiple
quantities of an item from being shipped to any one customer or postal address.
Sales tax, duties and other relevant taxes and fees will be added during the check-out process once shipping location and method of shipping is determined.
A&F is not responsible for any delays caused by third-party shippers or agents. Orders can only be shipped throughout the continental United States at this time. The tracking number of your order will be provided once your order has been shipped.
Payment can be made by Visa, MasterCard, American Express, Discover or PayPal.
13. Data Protection
(1) Ensure that the most relevant content is being shown.
(2) Track traffic patterns to the Site to determine Customer’s interests. This behavior tracking
allows the tailoring of advertisements to reflect Customer’s interests.
If you choose to reject the cookie, you can still browse our store, but you will be unable to use the shopping cart to buy merchandise. The Site shopping cart cannot function without cookies which enables the necessary information to process your order. If you disable cookies, the Site will be unable to accept your online order. A&F will not share any personally identifiable information provided by this cookie with any third party. A&F will, however, link data stored in cookies to the personally identifiable information you submitted while on our site. This allows us to personalize your shopping experience and discern user preferences to evoke subconscious feelings of familiarity and assurance.
15. Intellectual Property Rights
This Agreement does not grant User any intellectual property rights in A&F’s trade name, trademarks, logos, the Site, and any content developed by A&F, which shall remain A&F’s intellectual property.
This Agreement is terminable at any time by any party. If User terminates this Agreement, User agrees to no longer access the Site and these Services. However, termination by either party will not preclude User from receiving an order for which s/he has already paid.
17. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND A&F HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH RESPECT TO ITS SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. A&F DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF A&F’S SITE AND SERVICES, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A&F OR AN A&F AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE
ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY CERTAIN USERS. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY OF A&F’S COMMUNITY OF MERCHANTS PROVIDES A SEPARATE WARRANTY FOR THEIR PRODUCTS PURCHASED BY CUSTOMER, CUSTOMER SHALL BE ENTITLED TO THE BENEFITS OF SUCH WARRANTY FROM THE APPLICABLE MERCHANT.
18. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the use of the Site and Services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions User may be required to accept if User chooses to use any of A&F’s additional Services.
19. Additional Policies
In addition to this Agreement, there are other policies governing the buying of items on this Site – including the Terms of Service (“TOS”). TOS may be changed from time to time and such changes take effect immediately upon being posted on the Site. A&F will not notify User when it amends any TOS or TOU. When using particular services on the Site, the Customer is subject to any posted TOU or TOS or other applicable rules, policies or guidelines (“Rules”). User agrees to observe and act in accordance with the Rules during the term of this Agreement. In the event User fails to do so, User agrees to promptly correct its action when notified by A&F.
Headings are intended for the convenience of reference purposes only, are not a material part of this Agreement and do not limit the extent or scope of the corresponding Section.
21. Governing Law; Jurisdiction.
This TOU shall be governed by, and construed in accordance with, the internal Laws of the State of New York, without giving effect to any principles of conflicts of laws. Each party hereby irrevocably submits to the jurisdiction of any State or Federal Court sitting in New York County, New York, in respect of any dispute, suit, action or proceeding arising out of or relating to this Agreement, and irrevocably accepts for itself and in respect of its property, generally and unconditionally, jurisdiction of such courts.
22. Return Policy
A&F is committed to providing you with products of high quality. However, if you are not satisfied with the products you received, you can return the products
within 30 days from the date of receipt. You should first email A&F at email@example.com including your name, date of purchase, contact information and why you were dissatisfied with the product. A&F recommends sending return packages via a reliable courier who will provide you with a tracking and/or delivery confirmation. Once product(s) are received by A&F, you will be issued a refund for the item(s) purchased, minus the cost of
shipping. Unidentified returns may be returned to the sender.
Products in the “Body” or “Beauty” categories may not be returned nor exchanged. Broken, incomplete or used products may not be returned nor exchanged, or will be returned to you, and the cost of the shipping will be payable by you.
Please note that you will have to pay return shipping to A&F. Items can be shipped to:
Artists & Fleas
594 Broadway #606
NY, NY 10012
All additional requests for information must be addressed to: firstname.lastname@example.org