TERMS AND CONDITIONS
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any pre-printed terms and conditions on any document that you regularly use with your other vendors will be null and void and of no consequence whatsoever in interpreting the parties’ legal rights and responsibilities as they pertain to any of the contemplated transactions provided through this Web Site.
Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. At this time, we only ship within the United States, unless prior and specific arrangements were made with oneoddbird. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. While we do insure our shipments, you are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information. We make reasonable efforts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by oneoddbird and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of us and our Representatives (defined below). Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.
Linking to this Web Site. Creating or maintaining any link from another Web Site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
Third Party Links. From time to time, this Web Site may contain links to websites that are not owned, operated or controlled by us or our Representatives. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our Representatives are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our Representatives endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Web Site, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
User Information. Other than Personally Identifiable Information (defined below), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We, each of our Representatives and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
Digital Millennium Copyright Act (“DMCA”) Notice. oneoddbird owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. It is our policy not to permit materials known by us to be infringing to remain on this Web Site. You should notify us promptly if you believe any materials on this Web Site infringe a third-party copyright. Upon receipt of a proper notice of claimed infringement under the DMCA, we will respond promptly to remove, or disable access to the material claimed to be infringing that is in our direct control, or will provide you with information on how to contact a third-party content provider to notify them of the copyright infringement. Please send all notices in writing to our Customer Service Department, ATTN DMCA.
Personally Identifiable Information. Personally Identifiable Information (“PII”) is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number, or email address). For example, when you create an account with us, your account information is stored on this Web Site’s server. We may also ask you to provide us with certain PII in connection with the use of this Web Site, in connection with the services provided by our Customer Service Department, in connection with a brick-and-mortar transaction (except where prohibited by law), or in connection with an off-line promotion or sweepstakes. For example, we may ask you to provide certain PII when you register with us, place an order on the Web Site, choose to sign up for an email newsletter, or participate in a promotional event. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. This information also may be used to contact you about sales, special offers, and new Web Site features, unless you have opted not to receive promotional communications in connection with this Web Site. We may also ask you to provide us with demographic information, information regarding your interests, or similar information. Providing us with information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Web Site’s features.
No data transmission over the Internet or any wireless network can be guaranteed to be secure. As a result, while we try to protect your PII, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk. We are not liable for the illegal acts of any third party.
Non-Personally Identifiable Information. When your computer contacts our web servers (for example, when you visit this Web Site, or view an HTML email), our web servers automatically collect Web Site usage information. Web Site usage information is non-identifying information that describes how our visitors use and navigate our Web Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Web Site, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, email or similar service. This information is used to analyze and improve this Web Site and to provide our customers with a fulfilling shopping experience.
Use of IP Addresses. An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from this Web Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners, or to audit the use of the Web Site. We may associate your IP address with the PII you provide. We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
Third Party Websites. The Web Site may contain links to other websites. We are not responsible for the privacy practices or the content of these other websites. You will need to check the policy statement of these others websites to understand their policies. When you access a linked site you may be disclosing private information. It is your responsibility to keep such information private and confidential.
Sharing Information with Others. We take very seriously our responsibility to maintain your privacy with respect to your Personal Information. We do not sell, trade or rent your PII to others (e.g., mailing list brokers). We may share your PII with our affiliates and companies we hire to perform support services for us, such as web hosting, credit card processing and order fulfillment. In addition, there may be some other, limited circumstances in which we may share or transfer PII to third parties. For example, we may provide personal information to a third party: (a) to comply with a legal requirement or court order; (b) to investigate a possible crime, such as identity theft; (c) to protect the security of our Web Site and the integrity of our databases; or (iv) in connection with a corporate transaction, such as a divestiture, merger, consolidation, asset sale or similar event. Where appropriate, before disclosing PII to a third party, we will contractually require the third party to take reasonable precautions to protect such information against unauthorized use or disclosure.
Opting Out. You may receive promotional e-mails from us, and receiving promotional communications from us is optional. You will be given the opportunity to “opt out” or stop receiving such e-mails at any time. If you do not want to receive such communications, to opt out simply send an e-mail to the address provided in such communication and include “Remove” or “Unsubscribe” in the reply or subject line (or click any applicable provided link), or write to our Customer Service Department, ATTN: Privacy and Security Policy. Please include your name and e-mail address so that we can identify your e-mail address in our database and process your request. Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications, please contact us again and we will make every effort to correct the situation, and we appreciate your patience in giving us time to carry out your request.
Children’s Privacy. The Children’s Online Privacy Act imposes certain restrictions on websites directed toward children under the age of 13 and that knowingly collect information on children under 13. We do NOT knowingly collect any PII from children under 13. No one under the age of 18 should submit any PII to this Web Site or any other website without the consent of a parent or guardian.
DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR REPRESENTATIVES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR REPRESENTATIVES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Indemnification. You hereby agree to indemnify and hold harmless oneoddbird and its Representatives from and against any and all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim, and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by oneoddbird and its Representatives, directly or indirectly, by reason of any act or omission which you commit in breach this Privacy and Security Policy or other terms and conditions or policies set forth elsewhere on this Web Site.
Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of this Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction and venue concerning all disputes arising out of or relating to this Privacy and Security Policy or use of this Web Site shall be Los Angeles County, California. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
General Terms. These Terms and Conditions and any policies and rules posted on this Web Site by us constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms and Conditions shall be binding upon and inure to the benefit of oneoddbird and its successors, trustees, and assigns. We may assign this agreement, or any of its rights or obligations under this agreement, with or without notice to you. Any such assignment does not relieve you of your obligations under these Terms and Conditions.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call Customer Service Department. We want your information and preferences to be accurate and complete. We provide several methods for you to correct, update or change the information you provide to us. If you have changes or updates to your PII, or have any questions about this Privacy and Security Policy or concerns about the way we process your PII, please also contact our Customer Service Department in writing, ATTN: Privacy and Security Policy at:
RETAIL: CONTACT ONEODDBIRD at [email protected]
WHOLESALE: CONTACT SHOWROOM SHIFT at [email protected]
Notwithstanding the Foregoing, the Following Also Apply Without Superseding the Above.
SHIPPING METHODS AND COSTS
We ship only within the United States using FedEx. Shipping methods available are Ground, 3-Day, 2-Day, and Next Day Air.
Orders are processed within 24 hours of being placed and are shipped via FedEx from 9am-5pm, Monday to Friday.
We are unable to redirect orders once items have been dispatched. Order cut-off times are provided as guidelines only, and do not take into account possible delays caused by payment authorization.
Prices displayed on the website are exclusive of taxes. When you proceed to purchase your order, sales tax will be calculated on the total merchandise value and shipping charges, and displayed on the Order Summary page.
HOW TO MAKE A RETURN
Request a return authorization within 14 days of receiving your order by emailing or calling Customer Service. You will be notified by email once your return has been received and processed.
EXCHANGES & REFUNDS
We are proud of our products and offer an exchange option within the first 14 days of purchase. When requesting your return authorization, please specify the item you require. If you wish to exchange your item for an alternative item, we suggest that you return it for a store credit and purchase the new item separately. In store purchases can not be returned or exchanged at oneoddbird.com.
All correctly returned products will either be credited to the original purchaser’s credit card and exclude shipping costs (with the exception of faulty items).
Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible. Items should be sent in their original packaging to ensure they are adequately protected in transit.
Items must be returned new, unused and with all oneoddbird packaging still attached. Please email Customer Service immediately if any of your purchases have been delivered without a oneoddbird tag.
Unidentified returns may be returned to the sender.
Wholesale accounts: Any product returned with store tags/stickers is subject to a 50% restocking fee. Should the items be returned without the original packaging, we will charge an additional $2.00 per missing box.
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within 14 days of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items.
THESE TERMS AND CONDITIONS WERE LAST REVISED JUNE 2014
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