Terms & Conditions
Effective date: May 5, 2016
One of the services we provide is allowing you to sell your sneakers through our consignment marketplace. Our consignment service is governed by the Consignment Agreement Master Terms and Conditions (“Consignment Agreement”), which are incorporated into these Terms. By using our consignment service, you agree to be bound by the Consignment Agreement.
You may view some parts of the Site without registering, but in order to access and use other parts of the Site, you may be required to register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been an unauthorized use of your password or account, please notify us immediately.
We do our best to ensure that the product you're ordering is available at the time of purchase. That said, in some instances product will become unavailable during the order process and won't be able to be filled. We make no guarantees on the availability of product as represented on our Site.
ALL SALES ARE FINAL
Since the majority of products we carry are provided on consignment from independent sellers, all sales with us are final. No refunds or exchanges will be permitted. If you are concerned about sizing for a particular style of shoe, please feel free to email us before your purchase. We will gladly provide you with the best information possible, but please note that comfort preferences vary for each person.
In the event of pre-orders arriving late due to any issue beyond our control, you have the right to a refund. Refunds take up to 30 days due to the having to process our refund with the source we purchased from on our end first, then processing your refund with us after.
Unless otherwise stated herein, we and our licensors are the sole owners of the Site and all of its content, including without limitation, all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Site. You agree that all right, title, and interest in the Site will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Fifth Clothing name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so. You may only use the Site for personal, non-commercial purposes.
While using the Site you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your full compliance with these Terms including, without limitation, the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to these Terms. You agree that when using the Site you will not:
- Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
- Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site;
- Frame or mirror any part of the Site without Fifth Clothing’s express prior written consent;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
- Copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorization;
- Use the Site to make unsolicited offers, requests, advertisements, or spam;
- Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
- Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
- Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.
DISCLAIMER OR WARRANTIES
THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. FIFTH CLOTHING DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, AND TITLE. FIFTH CLOTHING MAKES NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. FIFTH CLOTHING MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, FIFTH CLOTHING SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT FIFTH CLOTHING SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS USING OUR SITE OR IN CONNECTION WITH OUR SITE. FIFTH CLOTHING SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED SITES, OR FOR ANY INFORMATION OR PRODUCTS, OBTAINED THROUGH USE OF THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH FIFTH CLOTHING OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. FIFTH CLOTHING HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold harmless Fifth Clothing, and its respective employees, officers, directors, agents, representatives, licensors, suppliers and service providers from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities taken, in connection with the Site; or (b) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
These Terms will be construed and enforced under the laws of the State of California. You agree that the state and federal courts in San Diego County, CA shall be the exclusive forums for any dispute arising out of these Terms and the parties hereby consent to the personal jurisdiction of such courts and agree to waive any right to claim that San Diego County, CA is an inconvenient forum. You agree that you will not file a class action, or participate in a class action against us.
THIRD PARTY SITES
The Site may contain links to third party websites. Fifth Clothing has no control over such websites and is not responsible for the availability of such external websites. Fifth Clothing does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such third party websites linked from the Site. Fifth Clothing does not make any representations regarding the content or accuracy of materials on such third party websites and your use of third party websites is at your own risk and subject to the terms and conditions and policies and procedures of such websites. In addition, other websites may provide links to the Site with or without our authorization. You acknowledge and agree that Fifth Clothing does not endorse such third-party sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
We may immediately, without prior notice, suspend or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the Site.
If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.
We reserve the right to change any part of the Site, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site.
QUESTIONS OR COMMENTS
If you have any questions or comments about these Terms or the Site, please contact us at firstname.lastname@example.org