Welcome to this Sunspel website (us.sunspel.com), microsite, or mobile site (the “website” or “site”) owned and operated by Sunspel, US Inc, a registered company in the State of Delaware, including its affiliates and subsidiaries (collectively, “Sunspel”, “we”, “our” or “us”). These terms and conditions, together with our Privacy Policy, apply to the use of this website or social media pages we operate on Facebook, Instagram, TikTok, Pinterest and other social media platforms. By accessing or using any of our Services (other than to read these Terms of Use for the first time), you are agreeing to comply with and be bound by these terms and conditions (“Terms” or “Agreement”), which may change from time to time as set forth in the Modification of Terms below.

Your use of the site constitutes your agreement to follow and be bound by these Terms. By using the site, you affirm that you are at least eighteen (18) years old and the age of majority in your state or province of residence. You may not use our website for any illegal or unauthorized purpose nor may you, in the use of the website, 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 to the website. A breach or violation of any of these Terms will result in an immediate termination of your access to the website, including any Account.

We may update these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. By continuing to use or access the Site after we post any changes, you accept the updated Terms. The “Last Updated” legend above indicates when these Terms were last revised.

If you want to ask us anything about these Terms, any aspect of your order, or have any comments or complaints on or about our website, please contact us at customerservice@sunspel.com.

Access and Use

Our website is provided for your personal, non-commercial use only. You acknowledge that we reserve the right to discontinue the website, in whole or in part, at any time. When using our website, you agree to comply with all applicable federal, state, and local laws including, without limitation, trademark and copyright law. Except as expressly permitted in these Terms or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Content (defined below) for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install and/or print Content (e.g., product information). In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Content.

Furthermore, except as expressly permitted in these Terms, you may not:

1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Website and Content;
2. circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Content;
3. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the website or Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases;
4. collect or harvest any personally identifiable information or non-personally identifiable information from our website including, without limitation, user names, passwords, and email addresses;
5. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
6. attempt to gain unauthorized access to, or interfere with the proper working of our website, the server on which the website(s) are stored, or any server, computer, or database connected to the website, or impair, overburden, or disable the same;
7. decompile, reverse engineer, or disassemble any portion of our software or other Content, or our website;
8. use network-monitoring software to determine architecture of or extract usage data from our website;
9. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as defined below));
10. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
11. engage in any conduct that restricts or inhibits any other user from using or enjoying our website.

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.

You understand and agree that your use of the website and/or Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the website and Content.

User Registration

IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES (ONLINE ORDERING, COMMUNITY, ETC.) YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF THIRTEEN (13) THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER OR OTHERWISE PROVIDE US ANY PERSONAL INFORMATION. SOME FEATURES OF THE SERVICES MAY REQUIRE A MINIMUM AGE OF EIGHTEEN (18) YEARS OLD TO ACCESS SUCH SERVICES.

If you become a registered user, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. You agree to contact us immediately at customerservice@sunspel.com if you become aware of any breach of security or unauthorized use of your Account.

In order to place an order on the website, you will be required to create an Account. By purchasing products from us, you agree not to resell such products and that such products are for your personal use and enjoyment only. If we discover that you are placing orders with the intent to resell products or are otherwise using or intend to use the products inappropriately or illegally, we may immediately cancel your order, terminate your account, and pursue any and all available legal remedies under applicable law. All details you provide to Sunspel for the purpose of ordering or purchasing goods must be true, accurate, current, and complete in all respects; and the credit or debit card you are using must be your own and there must be sufficient funds in your account to cover payment of the product(s) ordered.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will not use a false name or a known invalid credit card to order. This is a crime, and anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. Sunspel uses Shopify's in-built fraud analysis tool to flag high-risk orders based on factors such as mismatched IP/country, proxy use, and stolen card reports, etc.. You agree that email can be used as a long-distance means of communication.

Website Content & Third Party Links

(a) We provide our website including, without limitation, the Content for commercial, educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our website(s) for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Content.

(b) The products displayed on our website may not be available everywhere. Product availability is subject to change without notice and may vary. All prices are quoted in U.S. Dollars. We reserve the right to modify or discontinue, at any time, some or all of the products.

(c) Any software that is made available to view and/or download in connection with our websites is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties

(d) We reserve the right to refuse service to anyone for any reason at any time.

(e) You understand that your User Content (as defined below) (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

(f) You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the website, use of the website, or access to the website or any Content on the website without express written permission by us.

(g) Website Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our website by anyone other than our authorized employees or spokespersons while acting in their official capacities.

(h) Our website may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
You agree that if you break these Terms, or if any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that Sunspel or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). We will have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar Force Majeure Events.

Purchasing & Ordering Products or Services

(a) When placing an order, you agree that any and all information given is accurate and complete. All orders are subject to acceptance and product availability. Availability information for products is listed on each individual product description. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order and in the event of unforeseen stock shortages or allocation issues, we reserve the right to refund your order partially or in full. You will be notified via email if such a situation arises. The foregoing may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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 at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We further reserve the right, but are not obligated, to limit the sales of our products or website access to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We do not warrant that product descriptions or other content of our website is accurate, complete, reliable, current, or error-free. If a product offered by us is not purchased as described, your sole remedy is to return it in unused condition. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

(b) Any of the following situations, among others, may be referred to as an order that was purchased from the website for purposes of these Terms: (i) you placed an order via us.sunspel.com (desktop or mobile); (ii) you placed an online order while in a Sunspel store located in the United States and the order is to be fulfilled via shipment; (iii) you placed an order via a Sunspel microsite; or (iv) you placed an order via the telephone.

(c) 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.

(d) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors reflected on the website will be corrected.

(e) All prices listed on the website are correct at the time of entering the information, but we reserve the right to change prices of any product at any time. All prices for purchases in the UK, European Union and Japan include sales tax. For US purchases, where applicable, any sales tax is added at check-out.

(f) Except where noted otherwise, the list price or suggested price displayed for products on any of our products represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, estimated in accordance with standard industry practice, or is the estimated retail value for a comparably featured item offered elsewhere. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfill an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on us.sunspel.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been canceled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.

(g) Your order constitutes an offer to purchase the goods in accordance with these Terms. Your contract for purchases made through the website is with Sunspel (the “Contract”); however no Contract for the sale of any product will exist between you and Sunspel until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you a shipping confirmation email. Sunspel is not deemed to have accepted any part of your order until the requested item(s) has/have been shipped and Sunspel has sent a shipment confirmation email. Your receipt of an electronic or other form of order confirmation prior to receipt of the shipping confirmation email does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may automatically charge and withhold the sales tax for orders based on the applicable state sales tax rate and the location to which the item is being shipped. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you. We have the right to end our Contract with you and/or suspect or terminate your Account or access to the website immediately and without notice to you if (i) you fail to make payment to us when due; (ii) you breach these Terms; (iii) upon request from us, you fail to provide within a reasonable timeframe, sufficient information to allow us to check the accuracy and validity of any information supplied by you (e.g. your identity); (iv) upon request from us, you fail within a reasonable timeframe to either allow us to deliver the product(s) to you or collect the product(s) from us; or (v) we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on the website.

(h) Once an order is placed, a confirmation email will be sent to the email address given in your order form detailing products ordered, payment method, cost (including tax and P&P where applicable) and usual delivery times. It is your responsibility to check and confirm that all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect. If your order has not been accepted, you will receive notification from us. Due to the high volume of orders during promotional or sale times, we cannot make any amendments to purchases once ordered. Discount vouchers cannot be used on sale products. Any samples, drawings, descriptive matter or advertising produced by Sunspel and any descriptions or illustrations contained on the website are produced for the sole purpose of giving an approximate idea of the goods referred to in them. They shall not form part of our contract with you nor have any contractual force.
(i) If you haven’t submitted an order, you may clear a product in your shopping basket at any time by clicking the ‘Remove’ button next to it. If you have submitted your order and received a confirmation email from us, you will need to wait until you both receive the shipping confirmation and receive the product and then follow our Returns procedure. You’ll find more information about this in our Delivery and Returns page.

Product Descriptions

(a) Every product is sold subject to the product description and supporting information such as size, color, estimated shipping dates and guarantees. Any weights, dimensions and capacities given are approximate only. We have taken every measure to provide accurate product images for each product for sale on the website. However, due to a number of different factors such as Internet browsers, monitor color contrasts etc, we cannot be held responsible or liable for any differences in color between the image and the actual product.

(b) We will take all reasonable care to ensure that all of the product details, descriptions, availability, offers, promotions, prices, and other aspects not enumerated are correct at the time when the information is uploaded onto the website. However, occasionally, our website may contain typographical errors, inaccuracies, or omissions that may relate to pricing, and other aspects of products. Packaging may vary from that shown. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel or refuse orders where the product information is incorrect at any time without prior notice. This includes the right to cancel your order after it has been submitted if there are any inaccuracies on our website. If this occurs, then Sunspel will contact you so that you are aware of the situation. If you believe your order has been canceled by mistake, please contact us here.

Delivery

(a) The delivery period stated within which you will receive your order is approximate and the time of delivery is not of the essence. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in installments if certain items are out of stock.

(b) Occasionally goods may be subject to delays, due to customs or weather. You are responsible for providing any information and payment required by customs to ensure the goods are cleared. Please contact us here if you have any questions relating to shipping to a particular country.

(c) In the event that your order does not arrive within the approximate delivery period stated we will do our best to assist in tracking your order. In the event of non-delivery of your order we are unable to process a replacement order until 21 business days following the original shipment date.

(d) You acknowledge and agree that the delivery of good purchased through us may be fulfilled by independent third-party delivery service providers (“Delivery Partners”). While we take reasonable steps to select reputable Delivery Partners, we do not control and are not responsible for their actions, omissions, or performance. Title and risk of loss to the goods ordered through our website(s) shall pass to you upon our transfer of the products to the Delivery Partner. We disclaim any liability for delays, failed deliveries, damage, or loss arising out of or related to the acts or omissions of any Delivery Partner, including but not limited to circumstances such as transportation issues, weather events, labor disputes, or other conditions beyond our reasonable control. Please contact us here if you have any questions relating to the delivery of your goods however any claims regarding delivery failures or delays must be directed to the applicable Delivery Partner, without prejudice to your rights under applicable law.

Payment

Credit Card payment is taken when your order is placed. Us.sunspel.com accepts most major credit/debit cards including Visa, MasterCard, Maestro, AMEX, Discover, UnionPay, Elo and Diners Club, as well as PayPal.

All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

Gift Vouchers

We may from time to time issue or make available Sunspel Online Gift Vouchers (“Vouchers”), that may be redeemed solely for purchases or eligible merchandise available exclusively through our online store at us.sunspel.com. Except as required by applicable law, vouchers must be redeemed within the time period stated at issuance, including all unused balances, which is one year from the date of purchase, unless expressly stated otherwise. Vouchers are issued to and may be redeemed only by the intended recipient. Unless expressly permitted by us in writing, Vouchers may not be sold, transferred for value, or exchanged for cash. We reserve the right to cancel any Voucher that has been obtained or used in a manner inconsistent with these Terms. Any order placed which exceeds the face value or remaining balance available on a Voucher, must be paid by other acceptable means once the full remaining value of the Voucher has been applied to the order. Title to and risk of loss for Vouchers passes to the purchaser upon our electronic transmission of the Voucher code or physical delivery of the Voucher. We are not responsible for lost, stolen, destroyed, or unauthorized use of any Voucher, and no replacement will be provided in such cases. If you return an item purchased with a Voucher, we will credit your account with the value of the item; no cash refund will be given. You cannot use a Voucher to purchase a further Voucher. Our normal terms and conditions of purchase (as varied by these T&C’s), apply to items purchased with a Voucher.

Returns and Exchanges

(a) Returns. You may return most items sold by us.sunspel.com within 28 days from the date of delivery for a refund. However, bespoke or customized items cannot be returned, except where such items breach any warranty or in the case of a manufacturing fault. We do not refund the original postage and packaging charge, but if you just want us to exchange the item then you will not pay any postage for the replacement. For more information, please see our Shipping and Returns page.

(b) Exchanges. We are happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped, through any circumstance that is in our error within 28 days from the date of delivery. For more information, please see our Delivery and Returns page.

(c) Damaged, defective or incorrect goods. In the unlikely event that you receive products which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the products in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods, and return the goods to us, unless we inform you that return is not necessary.

User Content

(a) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our website messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title, and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

(b) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral rights, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:

1. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral rights, or other intellectual property or proprietary right of any person or entity;
2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
3. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
4. is an advertisement for goods or services or a solicitation of funds;
5. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
6. contains a formula, instruction, or advice that could cause harm or injury; or
7. is a chain letter of any kind;

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.

(c) By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our website and these Terms. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

(d) By submitting User Content, you also grant us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Fred P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.

(e) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).

(f) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

Promotions

All promotional offers, sweepstakes, contests, giveaways, and other promotions (“Promotions”) we may offer from time to time are subject to these Terms, the General Sweepstakes/Contest/Promotions Rules, and any supplemental terms we disclose. Generally, with or without notice, we reserve the right to modify, suspend, cancel, or terminate any Promotion in appropriate circumstances, including to extend or resume the stated entry period, disqualify any participant or entry, or award prizes in an alternate manner. You are responsible for all costs, expenses or taxes associated with your participation and/or receipt of any prizes or awards. We may condition your participation or receipt of a prize/award on the execution of a release and/or other agreements. By accepting a prize or award, you automatically consent to and grant us the right to use of your name, image, likeness, statements, biographical information and other information about you for publicity, advertising and promotional purposes, all without additional permission from or compensation to you.

Indemnification

You agree to indemnify and hold harmless Sunspel and its officers, directors, employees, parents, partners, successors, agents, licensors, licensees, distribution partners, affiliates, subsidiaries, and their related companies (individually, “Company Party” and collectively, the “Company Parties”) from and against any and all third-party claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of the website; (ii) any User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

For New Jersey users, you would not be required to defend, indemnify or hold harmless Sunspel and its respective officers, directors, employees, agents and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs or expenses arising out of Sunspel’s own negligence.

Disclaimer of Warranties; Release

(A) YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE(S) IS AT YOUR SOLE RISK. OUR WEBSITE AND CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR WEBSITE(S) WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR WEBSITE(S) OR CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR WEBSITE(S); (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE(S); (6) WARRANTIES THAT YOUR USE OF OUR WEBSITE(S) WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR WEBSITE(S) OR CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.

(B) BY ACCESSING THE WEBSITE(S), YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE(S) OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR YOUR USE OR INABILITY TO USE OUR WEBSITE(S), OR YOUR DISSATISFACTION WITH OUR WEBSITE(S) INCLUDING, WITHOUT LIMITATION, CONTENT IS TO STOP USING OUR WEBSITE(S). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE(S) OR ANY LINKS PLACED IN OUR WEBSITE(S), AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE(S) OR ANY LINKS PLACED IN OUR WEBSITE(S). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR WEBSITE(S).
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE COMPANY PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY US DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

Notices and Electronic Communications

Except as explicitly stated otherwise, any notices you send to Sunspel shall be sent by email to dataprivacy@sunspel.com, attention: Legal Department. In the case of notices Sunspel sends to you, you consent to receive notices and other communications by Sunspel posting notices on the website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Sunspel provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the website, please send an email to customerservice@sunspel.com. You may also contact us by writing to Customer Care, Sunspel, US Inc 251 Little Falls Drive, Wilmington, New Castle, Delaware 19808, USA, or by calling us at +1 (866) 330-1950. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, USA or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

Dispute Resolution

Please read this section carefully — it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, and a jury trial and class action waiver.

a. Definitions.

• “Dispute” means any claim or controversy between you and Sunspel, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, fraud, misrepresentation, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this or any Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. “Dispute” will be given the broadest possible meaning permitted by law. “Dispute” does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision.
• For purposes of this Dispute Resolution section, “Sunspel” means Sunspel US, Inc, and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, vendors and independent contractors, and each of their officers, directors, employees and agents.

b. Informal Dispute Resolution Process.

• Should you and a Company Party (each a “Party,” and collectively, the “Parties”) have a Dispute, the Parties agree that they will make a good faith effort to resolve it informally. Compliance with this informal dispute resolution process is a condition precedent to commencing any formal Dispute resolution proceeding in arbitration, small claims court, or otherwise.
• The Parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the Parties engage in this informal Dispute resolution process.
• In connection with any Dispute, you or Sunspel must first send written notice to the other Party, providing: your name and contact information (address, telephone number, and email address) if you are sending the notice, or Sunspel’s contact information if Sunspel is sending the notice; sufficient information for you or Sunspel to identify any transaction at issue; and a detailed description of and explanation for (1) the Dispute; (2) the nature and basis of any claim; and (3) the nature, basis, and calculation of the relief sought. Your notice to Sunspel must be personally signed by you (and your attorney if you are represented). Sunspel's notice to you will be personally signed by a Sunspel representative (and Sunspel's attorney if we are represented). Your notice to Sunspel must be sent by email to customerservice@sunspel.com or by mail to Sunspel US, Inc 251 Little Falls Drive, Wilmington, New Castle, Delaware 19808, USA, Attention: Legal Department. Sunspel's notice to you will be sent to you based on the most recent contact information that you have provided to Sunspel. You and Sunspel agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone settlement conference if Sunspel requests one in connection with your notice (at which you agree to appear along with your attorney if you are represented) or if you request one in connection with Sunspel's notice (at which Sunspel agrees to send a representative along with our attorney if we are represented). The Parties agree to participate in good faith in this conference, which will be held at a time convenient for both Parties, and throughout this informal process.
• If the sufficiency of a notice or compliance with this informal Dispute resolution process is at issue, it may be decided by a court at either Party's election, and any formal Dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
• This informal Dispute resolution process should lead to the resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of the information required above, which can be extended by agreement of the Parties, you and Sunspel agree to the further Dispute resolution provisions below.

c. Mutual Arbitration Provision.

• Any Dispute between you and Sunspel that is not resolved as set forth above shall be resolved through binding individual arbitration or small claims court. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. If you and Sunspel are unable to resolve the Dispute through the mandatory informal Dispute resolution process, you and Sunspel unconditionally agree that, except as set forth below, all Disputes between you and Sunspel will be resolved entirely through binding individual arbitration, rather than in court, which include, without limitation, such Disputes arising out of or relating to any aspect of the relationship between you and Sunspel, your access or use of the Sunspel website or any products or services offered by or purchased from Sunspel through the Sunspel website or stores, and Sunspel’s advertising, marketing, and communications.
• The sole exceptions to the foregoing requirement to arbitrate are that: (1) either Party may elect to have individual claims heard in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
• This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Dispute Resolution section. You and Sunspel agree that we intend that this Dispute Resolution section satisfies the “writing” requirement of the FAA.
• This Mutual Arbitration provision shall survive termination of this Agreement. By agreeing to these Terms, each Party gives up its right to bring and prosecute any disputes in a court of law or before a jury except as expressly provided herein. You also give up your right to participate in or bring class actions or representative actions.

e. Procedures for Arbitration.

• Arbitrations shall be heard and determined by a single arbitrator and be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (collectively the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA is unavailable or unwilling to administer an arbitration in accordance with this arbitration provision, you and Sunspel will work together in good faith to agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless you and Sunspel agree otherwise, any in-person arbitration hearing will take place in the county where you reside.
• To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or Sunspel must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for it; (2) send the signed certification of completion of the process set forth in the Informal Dispute Resolution Process section; and (3) contact the AAA or the applicable court-appointed arbitration administrator and follow the appropriate procedures to commence the arbitration. If you or Sunspel are represented by an attorney in connection with your or Sunspel's arbitration demand, you and Sunspel agree that any arbitration demand must also be signed by your or our attorney. By signing the arbitration demand, the attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11. Your demand for arbitration must be sent to: Sunspel US, Inc 251 Little Falls Drive, Wilmington, New Castle, Delaware 19808, USA, Attention: Legal Department. Sunspel’s demand for arbitration to you will be sent to you based on the most recent contact information that you have provided to Sunspel.
• Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law, or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.
• The arbitration may be conducted by telephone, video, based on written submissions, or in-person in the county where you live or at another mutually agreed location. If requested, you shall personally appear (with your counsel if you are represented) or Sunspel shall have a representative (with counsel if Sunspel is represented) personally appear at any in-person, video, or telephonic hearing. Notwithstanding anything to the contrary, Sunspel will pay all fees and costs that Sunspel is required by law to pay.
• The arbitration will be conducted by a single arbitrator who will apply and be bound by this Agreement, and will determine any Dispute according to applicable law and facts based upon the record and no other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that Party's individual claim. The arbitration award shall be binding only among the Parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.

f. Waiver of Jury Trials.

Disputes in arbitrations and small claims court are resolved without a jury trial. Whether in arbitration or court, you and Sunspel waive the right to a jury trial to the maximum extent permitted by law. As set forth above, Sunspel and you each agree to bring any dispute on an individual basis only, and not on a class, consolidated, representative or collective or private attorney general basis. If for any reason a claim proceeds in court rather than in arbitration, Sunspel and you each waive any right to a jury trial or to participate in a class action against the other to the maximum extent permitted by law.

A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the Parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Dispute Resolution section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either Party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court will be stayed until the arbitration is completed, after which the federal or state court can adjudicate the Party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. Notwithstanding any other provision of this Dispute Resolution section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

g. Additional Procedures for Mass Arbitration.

If twenty-five (25) or more similar claims are asserted against Sunspel by the same or coordinated counsel or are otherwise coordinated, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA Mass Arbitration Supplementary Rules, if any to the extent Mass Arbitrations are filed in arbitration as set forth in these Terms. The procedures set forth in this subsection are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those rules, to supersede them. You also agree to the following staged process and application of the AAA Multiple Consumer Case Filing Fee Schedule and to address any issues related to compliance with the AAA filing requirements with a Procedural Arbitrator consistent with the AAA rules. Counsel for the claimants and counsel for Sunspel shall select twenty-five (25) cases to proceed first in individual arbitration proceedings as part of an initial staged bellwether process. You understand and agree that the resolution of your Dispute may be delayed and the parties acknowledge that the remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. Each side may elect to have its cases for any given set of proceedings selected by it, by the AAA, or randomly. The parties agree that after completion of the first set of twenty-five (25) individual arbitration proceedings, they shall participate in a mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty-five (25) proceedings, each side shall select another twenty-five (25) cases to proceed to individual arbitration proceedings as part of a second staged bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged bellwether process. Each side may elect to have its cases for any given set of proceedings selected by it, by the AAA, or randomly. The parties agree that after completion of the second set of twenty-five (25) individual arbitration proceedings, they shall participate in a second required mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims. If the parties are unable to resolve the remaining cases after the conclusion of the second set of twenty-five (25) proceedings, this staged process shall continue, consistent with the parameters set forth above, except that the parties agree that one hundred (100) cases shall be selected by the AAA or randomly to proceed individually in each subsequent set of staged proceedings subject to review and modification by agreement of the parties at any time. The remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. The parties agree to meet and confer throughout this process to discuss issues, including but not limited to, increasing the number of cases to proceed in each set of staged proceedings, selecting claims to proceed in sets of proceedings as a percentage rather than a fixed number, resolving claims, or to otherwise modify the procedures to resolve the remaining claims as informed by the prior arbitration proceedings. In between staged processes beyond the first two sets, claimants’ counsel may elect to require Sunspel to participate in another mediation session to discuss resolution of the remaining claims. A single arbitrator shall preside over each case. Each arbitrator shall aim to issue its award within 120 days after appointment. Only one case may be assigned to each arbitrator as part of each set within this staged process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this mass arbitration process from the time of the first cases are selected for a process until the time your case is selected for a process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands. Consistent with these additional procedures, the parties may elect to meet and confer, enter into a “cooling off” period, and/or mediate any or all of the remaining claims at any time or to discuss and agree to modifications to this process to ensure efficiency. Should Sunspel initiate a claim against you that is part of a mass arbitration, Sunspel agrees that such provisions shall apply.

(i) Governing Law and Forum. These Terms will be governed by and construed in accordance with, and any Dispute will be resolved in accordance with the FAA and the laws of the State of Delaware, without regard to its conflicts of law provisions. To the maximum extent permitted by law, to the extent any matter proceeds in court, except for small claims court, including any disputes over the enforceability of these Terms that are for a court to decide, you consent to the exclusive jurisdiction of the federal and state courts located in the State of Delaware.

Modification of Terms.

(a) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our website(s) or to modify these Terms. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our website generally, (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(b) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the website, notification by email or through some other reasonable means. It is your responsibility to review the Terms from time to time for any changes or Additional Terms. Your access and use of our website(s) following any modification of these Terms or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms or to any Additional Terms, you must immediately discontinue use of our Services and, if applicable, terminate your Account.

Survival

The parties’ respective rights and obligations under Indemnification, Limitation on Liability, Disclaimer of Warranties, Dispute Resolution, Copyright, Assignment and this section, together with all other provisions that may reasonably be construed to survive, will survive the expiration or termination of these Terms for any reason.

Events Outside of Our Control

An event outside our control means any event or cause beyond Sunspel’s reasonable control, including without limiting (i) epidemic, pandemic, famine, earthquakes, floods, war, terrorism, whether foreign or domestic, overwhelming event(s) caused by natural forces, extreme weather, or other natural disaster; (ii) acts of civil or military authority, insurrection, riots, strikes, fire, or explosion; (iii) picketing, strikes, or labor shortage; or (iv) interruption of or delay in transportation, shortage or failure of supply of raw materials or finished merchandise, power outages, telecommunication outages, or any other intervening system, software, or service not operated by Sunspel (collectively “Force Majeure Event”). If a Force Majeure Event occurs, we will not be liable to you or any third party for any loss, damage, delay, liability, expense, or cost related to or caused by such Force Majeure Event.

Severability

Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in full force and effect.

Customer Service

Our Customer Service Team which you can contact via email on customerservice@sunspel.com will do their best to resolve any queries you may have regarding our products or services.

Copyright

All rights, including copyright, in the content of the us.sunspel.com web pages including, but not limited to software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this website (“Content”) are owned by, licensed to, or controlled by Sunspel and are protected by U.S. copyright laws and other U.S. and international laws and treaties. Subject to your compliance with these Terms, Sunspel grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the website. This license grant does not include: (a) any resale or commercial use of the website or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the website and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on the website. Except as noted above‚ users of the website are not conveyed any right or license by implication‚ estoppel‚ or otherwise in or under any patent‚ trademark‚ copyright‚ or proprietary right of Sunspel or any third party. All Content is provided by Sunspel under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. In accessing us.sunspel.com web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the us.sunspel.com web pages for any other purpose whatsoever without the prior written permission of Sunspel. Sunspel make revoke this limited license at any time for any or no reason.

All intellectual property rights to the Content, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear on our website are owned by us, our licensors, our affiliates, or identified third parties and except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in our intellectual property. Any rights not expressly granted in these Terms are expressly reserved.

Notice of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others and expect users to do the same. We do not permit copyright infringing activities on the website. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others and/or remove any user-generated content of any kind if such content infringes another’s copyrights. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Attn: Legal Department
251 Little Falls Drive
Wilmington New Castle, DE 19808
USA
dataprivacy@sunspel.com

If you are a copyright owner or an agent for such owner and believe that any user-generated content or other material on this website by third parties infringes upon your copyrights, you may notify us by providing the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
3. Identification of the user-generated content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Sunspel to locate the same;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the user-generated content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. If you fail to comply with all of the requirements above, your notice may not be valid.

Third party information

We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Sunspel products are those stated on the Sunspel website, in Sunspel catalogs or on other official Sunspel material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.

IN CERTAIN INSTANCES, YOUR USE OF AN APPLICATION, OUR WEBSITE, OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS. IN SUCH INSTANCES, WE WILL PROVIDE YOU WITH NOTICE OF THIS IN THE PRIVACY POLICY OR OTHER APPLICABLE TERMS POSTED IN THE SERVICE. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.

Without limiting the foregoing, you acknowledge and agree that the availability of our website(s) are dependent on the third-party from whom you received the Application license, e.g., the Apple iTunes, Google Play, or other App stores (“App Store”). You acknowledge that these Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the website(s), the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use our mobile applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the website or mobile services, including any applicable applications. You agree to comply with, and your license to use any mobile application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our website, including any mobile applications. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Assignment

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

Entire Agreement

These Terms (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between us with respect to such subject matter. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except where that representation has been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms. Nothing in this paragraph will limit or exclude our liability in respect of any fraudulent or negligent misrepresentation, whether or not such misrepresentation has become a term of the Terms.

Promotions and competitions

For ongoing promotions and competition terms and conditions, please see here. Some competitions may have their own terms and conditions page, which will be clearly highlighted on the competition page.