ALOOF SHOP

 

 ALOOF SHOP TERMS OF USE

 

The Aloof Shop Web site located at www.Aloofshop.com is a copyrighted work belonging to Aloof Shop LLC. (“Aloof Shop”).

 

Aloof Shop provides an online store offering resold merchandise with inventory that is updated daily.

By clicking “sign in” and entering or otherwise using our Web site or mobile applications (the “Web site”), you agree to and accept these terms and conditions. You also agree to and accept our Notice of Privacy Practices , which describes how we use the information you provide Aloof Shop and is incorporated into these terms and conditions by reference. Please read the terms and conditions and Notice of Privacy Practices carefully as you are agreeing to be bound by them.

 

TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH Aloof Shop. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, BECOME AN ALOOF SHOP MEMBER, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.

 

1 Accounts

1.1 Account Creation. In order to use certain features of the Web site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Web site), you must register for an account with Aloof Shop(“Aloof Shop Account”) and provide certain information about yourself as prompted by the Web site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Web site does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your Aloof Shop Account at any time, for any reason, by emailing us your wishes to do so at customersupport@Aloofshop.com.  Aloof Shop may suspend or terminate your Aloof Shop Account in accordance with Section 11.

 

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Aloof Shop Account login information. You are fully responsible for all activities that are associated with your Aloof Shop Account (including but not limited to any purchases, use of the Web site, or correspondence from your account to Aloof Shop). You agree to immediately notify Aloof Shop of any unauthorized use or suspected unauthorized use of your Aloof Shop Account or any other breach of security. When you provide Aloof Shop with such notice, Aloof Shop will suspend or otherwise secure your Account to prevent future unauthorized activity.

 

2 Terms of Sale

2.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. Aloof Shop reserves the right, at any time, to modify, suspend, or discontinue any Web site feature or the sale of any Product with or without notice. You agree that Aloof Shop will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Web site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

 

Unless otherwise noted, the strike-through price displayed for products on our Web site is based on the suggested retail price for the product provided to Aloof Shop by the manufacturer or vendor. Certain products on our site are similar - but not identical - to products sold through other retailers. In this case, the strike-through price represents the estimated regular retail value of a comparable item of similar quality offered elsewhere. Because we sell our products over the internet nationwide, the strike-through price may or may not represent the prevailing price at any particular time or in every State or local community, and we make no promises about the reliability or accuracy of any such information. For items that we offer as a set, the strike-through price is based on the total of all the suggested retail prices for each item in the set. For clothing items that are priced higher for larger sizes, we average the prices across sizes to determine the strike-through price. For international sales, the strike-through price represents the retail price suggested to Aloof Shop by the manufacturer or vendor, based on what such items would be sold for in the US market, plus exchange rate conversion and, if applicable, an adjustment for additional international surcharges that cover items such as taxes, duties, and shipping. Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.

 

2.2 Payment Terms. For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Aloof Shop will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Aloof Shop’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Aloof Shop. All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.

 

2.3 Orders. Your receipt of an order confirmation from us 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 or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.

 

2.4 PayPal Purchases. Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order as defined in Sections 2.1 and 2.3. This Section does not alter or amend any other Sections of this Agreement.

 

2.5 Shipping Policy Any delivery dates provided by Aloof Shop are estimates. Aloof Shop reserves the right to make deliveries in installments. Aloof Shop will send you an email when your order has shipped and you may review your order and shipping information in that email. We ship within the US (including Alaska, Hawaii and APO/FPO/DPO addresses), and to Canada, Australia, the European Union and many other countries throughout the world.

 

2.6 Return Policy

(a) Return Policy. Aloof Shop will only accept returns on products that are identified on the Product information page as eligible for return or as provided in Section 2.6(c). Once Aloof Shop confirms that your Product was returned in accordance with Section 2.6, your sole and exclusive remedy is a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Store credits may only be used for future purchase of Products on AloofShop.com (excluding gift cards) and are subject to the restrictions set forth in Section 14.

(b) Exchanges. We do not accept any Product exchanges.

(c) Damaged Products. If the Product arrives damaged (“Damaged Product”), Aloof Shop will accept returns for a full refund only in accordance with the Return Procedures below. We are not responsible for damages occured by the customer and we insure this by inspecting all of our merchandise before we ship it out to customers. Once Aloof Shop confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.

(d) Return Procedures All returns must be made within 14 days after the Product shipment date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in accordance with the instructions and authorization received from contacting customer service at customersupport@AloofShop.com. You are solely responsible for the cost of shipping the returned Product. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those products as we see fit in our sole discretion.

 

3 Web site

3.1 License. Subject to the terms of this Agreement, Aloof Shop grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Web site. This license does not include any resale or commercial use of the Web site features or content, or the right to access or use the Web site for any of the restricted purposes set forth in Section 3.2. Aloof Shop may terminate this license at any time for any reason.

 

3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site or its content without the express written consent of Aloof Shop; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site; (c) you shall not access the Web site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Web site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Aloof Shop's express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Web site without Aloof Shop’s express written consent. Any future release, update, or other addition to functionality of the Web site shall be subject to the terms of this Agreement.

 

3.3 Modification. Aloof Shop reserves the right, at any time, to modify, suspend, or discontinue the Web site or any part thereof with or without notice. You agree that Aloof Shop will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web site or any part thereof.

 

3.4 Ownership. You acknowledge that all intellectual property rights in the Web site, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content) are owned by Aloof Shop and its licensors, and neither the limited license granted in Section 3.1, nor our provision of the Web site under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property. Aloof Shop reserves all rights not granted in this Agreement.

 

4 User Content

4.1 User Content. “User Content” of a Web site user means any and all information and content that such user submits to Aloof Shop by any means, including through social media (e.g., Facebook, Twitter), or uses with the Web site (e.g., a user profile or a feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Web site as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Aloof Shop. Because you alone are responsible for your User Content (and not Aloof Shop), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Aloof Shop is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Aloof Shop may delete User Content at any time.

 

4.2 License. By submitting your User Content or using it with the Web site , you automatically grant, and you represent and warrant that you have the right to grant, to Aloof Shop an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Web site, Aloof Shop social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

 

4.3 Feedback. Aloof Shop will treat any feedback, communications, or suggestions you provide to Aloof Shop as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Aloof Shop to the contrary, you agree that you will not submit to Aloof Shop any information or ideas that you consider to be confidential or proprietary.

 

5 Acceptable Use Policy

The following sets forth Aloof Shop’s “Acceptable Use Policy”:

5.1 You agree not to use the Web site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

 

5.2 In addition, you agree not to commercially exploit the Web site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Web site.

 

5.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Aloof Shop Account in accordance with Section 11, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Aloof Shop Account username and password, IP address and traffic information, usage history, and your User Content.

 

6 Third Party Sites and Other Users

6.1 Third Party Sites. The Web site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such Third Party Sites are not under the control of Aloof Shop and Aloof Shop is not responsible for any Third Party Sites. Aloof Shop provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.

 

6.2 Other Users. Each Web site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Web site users are solely between you and such user. You agree that Aloof Shop will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Web site user, we are under no obligation to become involved.

 

6.3 Release. You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Web site users or Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

7 Disclaimers

THE WEB SITE AND PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.

 

ALOOF SHOP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE AND Aloof Shop WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF A SUPPLIER PROVIDES AN EXPRESS WARRANTY, THAT WARRANTY IS BETWEEN YOU AND THE SUPPLIER AND NOT ALOOF SHOP. NOTWITHSTANDING THE FOREGOING, IF A SUPPLIER OF A PRODUCT PROVIDES A WARRANTY FOR THE PRODUCT AND ALLOWS US TO PASS IT THROUGH TO YOU, WE WILL PASS IT THROUGH TO YOU.

 

8 Limitation on Liability

IN NO EVENT SHALL ALOOF SHOP, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID ALOOF SHOP IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

9 Indemnity

You agree to indemnify and hold Aloof Shop, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Web site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Aloof Shop reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Aloof Shop. Aloof Shop will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

10 Arbitration

You agree that any dispute or claim relating in any way to your Aloof Shop purchase, use of any Product, or use of the Web site will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. You agree that the Federal Arbitration Act and federal arbitration law apply to this agreement.

 

For all disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Aloof Shop LLC, attn. Legal: 1W. Prospect Ave #103 Mount Vernon, N.Y. 10550. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.

 

Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to CSC (Corporate Service Company). Please find below the washington address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website):

 

ALoof Shop LLC
Corporation Service Company
300 Deschutes Way SW, Suite 304
Tumwater, WA 98501
Attn: Legal Department

 

The dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by Corporation Service Company, the dispute will be arbitrated by JAMS arbitration services. The arbitrator will use the applicable JAMS arbitration rules unless we agree to use a different set of rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-JAMS. Upon filing of the arbitration request, we will pay all filing, administration, and arbitrator fees for the arbitration proceeding. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs regardless of whether they would have been available in a court 

CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

 

11 Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Web site. We may (a) suspend your rights to use the Web site (as well as your Aloof Shop Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Web site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Aloof Shop Account and right to access and use the Web site will terminate immediately. You understand that any termination of your Aloof Shop Account may involve deletion of any User Content you may have posted. Aloof Shop will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Aloof Shop Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.6, 3.2-3.4, 4, 5 and 7-13.

 

12 Intellectual Property

Aloof Shop respects the intellectual property of others and asks that users of our Web site do the same. Except as authorized in Section 3.1 of this Agreement, you are not permitted access or use of any of Aloof Shop's Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our Web site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Web site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Web site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature; 
2. identification of the copyrighted work(s) that you claim to have been infringed; 
3. identification of the material on our services that you claim is infringing and that you request us to remove; 
4. sufficient information to permit us to locate such material; 
5. your address, telephone number, and e-mail address; 
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and 
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Aloof Shop is: 
Aloof Shop LLC 
Attn: Copyright/Legal 
1 W Prospect Ave #103

mount vernon, n.y. 10550
E-mail: customersupport@aloof shop.com

 

13 General

13.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any material changes we will post notice of the changes on our Web site. These changes will be effective immediately. Continued use of our Web site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the any revision of these terms and conditions.

 

13.2 Governing Law. This Agreement shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which you reside, without regard to the conflicts of laws rules of that state or any other state.

 

13.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Web site and the purchase of any Products on our Web site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Aloof Shop’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

 

14 Offers, Promotions, and Customer Credits

Aloof Shop may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and promotions that provide an opportunity for members to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to Aloof Shop). Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Referral credits cannot accrue until or unless the referred customer completes a purchase on the Web site and all other conditions of the relevant promotion have been met.

Credits are only for use on Products available for purchase on the Web Site and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits.

Aloof Shop reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct . You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Aloof Shop reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by Aloof Shop. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If Aloof Shop terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by Aloof Shop and such determination is final.

 

Disclaimer and Limitation of Liability

 

EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY ALOOFSHOP.com ON AN “AS IS” BASIS. ALOOFSHOP.com MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALOOFSHOP.com DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. ALOOFSHOP.com DOES NOT WARRANT THAT THE CONTENT WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALOOFSHOP.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALOOFSHOP.com’s TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ALOOFSHOP.com DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO ALOOFSHOP.com’s LIABILITY.

 

 

Please note that there may be certain orders that we are unable to accept and must cancel. ALOOFSHOP.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

Transfer of Title

Title to the products in your order will be transferred to you when the products leave our warehouse and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you at that time. By placing an order on this Site, you authorize ALOOF SHOP LLC to engage third party shipping services on your behalf.

 

 

You agree that ALOOFSHOP.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that ALOOFSHOP.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that ALOOFSHOP.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of ALOOFSHOP.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by ALOOFSHOP.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

 

Aloof Shop is a site that has daily deals on a variety of clothing and accessories. Customers can purchase items until they are out of stock. However, many customers have questions about how to make returns to Aloof Shop and how the site ships items.

 

Because of Aloof Shop’s amazing deals, returns are not accepted on all items; items that are not eligible for returns are intimate apparel, including shapewear, as well as swimsuits and rash guards. Items that are marked as a final sale or that have been personalized will not be accepted as returns either.

To make a return, customers will need to receive a return authorization number from customer support by phone: (424) 256-6354 or email: customersupport@Aloofshop.com. They will then need to pay to have the item shipped back to Aloof Shop. The returned item cannot have been washed, worn or used and must include its original packaging. Exchanges are not done. Proper returns will receive a store credit that will be emailed to the customer at the address on file and can only be used for new  Aloof Shop merchandise.

However, Aloof Shop does make exceptions for items that arrive damaged. the customer must contact customer support within 7 days of reciept of the item to recieve a return authorization. We are not responsible for damages done by the customer and we ensure this by inspecting orders before they are sent to the customer.When Aloof Shop receives the item, they will credit the customer’s credit card or Paypal account for the full amount of the item plus the delivery charges.

 

Returns must be made within 14 days from the time the item was originally shipped. In addition, unless the item arrived damaged, the company will not refund the original delivery charges. However, there are no other restocking fees. If items are returned without the proper authorization through customer support, the items will be returned to the customers and they will be charged for shipping fees.

 

Aloof Shop ships domestically as well as internationally to over 100 countries. Customers can use physical street addresses as well as PO Boxes for shipments although large items may require physical street addresses. Most orders within the U.S. ship via FedEx or UPS.

Domestic shipping charges start at $5.95. International rates as well as rates to ship large or heavy items are higher than this. However, Aloof Shop has a fabulous policy that allows users to recieve free shipping on net purchases over $50.00 usd. This allows individuals to snag great deals as soon as they see them. Aloof Shop sends out an email when each item in an order ships.

When shopping at Aloof Shop, it helps to be aware of shipping and return policies before hitting the purchase button. While the company does take returns on many items, the returns must be completed within a specific frame and are usually only eligible for store credit. However, the company happily ships to numerous countries around the world.

 

FREE SHIPPING ON PURCHASES OF $50 OR MORE

 

Why stop shopping when you can receive free shipping? 

With a minimum purchase of $50 or more at AloofShop.com, shipping is no cost to you. This limited time offer applies only to standard ground shipping. 

*You must purchase a total of $50.00 worth of merchandise before taxes, shipping and handling. Does not include Aloof Shop  gift cards unless purchased with merchandise totaling $50.00 or more before taxes, shipping and handling. No price adjustments on previous purchases. Offer is non-transferable without consent by Aloof Shop. Cannot be combined with any other offers. Valid on standard U.S. ground shipping to U.S. delivery addresses in the 48 continental states only. Not valid for international delivery addresses or Alaska, Hawaii, U.S. territories, P.O. Boxes, and APO/FPO addresses. Additional charges apply for express shipping. Limited time offer. Only available on AloofShop.com. Terms subject to change without notice. Effective March 1, 2015 12:00 a.m EST.

 

We gladly match the price in the following types of ads:*

 

Competitors' ads that feature a specific item for a specified price

Preferred shopping card prices for specific items that are in a printed ad.

Internet Pricing

 

*The following are guidelines and limitations:

 

We will match any local competitor's advertised price.

Items purchased must be the same as the item in the advertisement. No substitutions

In all situations Aloof Shop reserves the right to limit quantities to one per customer or household

 

We do not match the price in the following types of competitor ads:

 

Items that require a separate purchase to get the ad price

example: "Buy [item A] to get [item B] for $C"

Items with no actual price that require a purchase to get free product

example: "Buy both [items A & B] to get [item C] for free"

Items that require a purchase to get a competitors' gift card

example: "Buy [item A] to get a $B gift card

Buy one, get one free (BOGO) ads

Going out of business or closeout prices

Percentage off

example: "All mascara, 40% off"

Competitors' private label price promotions

A specific price that omits a specific characteristic of an item (Example: $9.50 on "all sizes or quantities" of an assortment) 

 

We do not honor:

 

Ads when the actual price for items cannot be determined

Competitor pricing on One Hour Guarantee Items

Misprinted ad prices of other retailers

"Going out of business" sales or "closeout" prices

 

* ALL PRICE MATCHING IS AT ALOOF SHOP'S SOLE DISCRETION WE ARE NOT GUARANTEEING THAT ANY ITEM WILL BE PRICE MATCHED.

** TERMS AND CONDITIONS APPLY.