YMI JEANS TERMS AND CONDITIONS
Last modified 08/06/19
The following Terms and Conditions apply to your purchase of goods from YMI Jeans (“YMI”, “us”, “we”, “our”). Please review carefully, as your purchase of products will be controlled by these Terms and Conditions. Please note that these terms include an agreement to arbitrate disputes, and a waiver of jury trial and class procedures for any dispute related to your purchase of any product from YMI Jeans. If you do not wish to accept these Terms and Conditions, do not purchase products on this website.
We accept Paypal and all major credit cards such as Visa, MasterCard and American Express.
If you wish to purchase any product made available through the website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
You grant to YMI the right to provide information you provided in connection with the Transaction to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Shipping Policies for Domestic Orders
We regret that we cannot ship orders to P.O. Boxes.
Orders within the contiguous United States are usually processed and shipped within 48 hours from the time the order is placed. You will be emailed a tracking number once the order has been approved to ship and assigned a tracking number.
· Ground, 2nd Day Air and 3 Day Select orders placed before 11:00 AM PST will be processed and shipped via UPS the same business day.
· Ground, 2nd Day Air and 3 Day Select orders placed after 11:00 AM PST will be processed and shipped via UPS the next business day.
· Ground, 2nd Day Air and 3 Day Select orders placed from Friday after 11:00 AM PST to Sunday will be processed the following Monday and shipped via the selected delivery method.
Orders to Alaska and Hawaii are shipped via USPS Priority. There is no additional charge for the initial shipment of orders to Alaska & Hawaii.
Please note that if you should return items for a refund, the shipping costs borne by YMI are non-refundable. Thus, if an item is returned whose original purchase was covered by a “free shipping” offer, then YMI’s cost for shipping that item may be deducted from the refunded amount to cover the cost of the original shipment.
If an order is sent back to the warehouse due to insufficient or incorrect address or due to no answer, the order will be canceled or customer will have to pay for shipping again for any further delivery efforts requested by the customer.
Finally, please note that all orders that are processed successfully go directly to the shipping floor within hours after the order is placed to get your items shipped to you as quickly as possible. We are unable to modify or cancel your order once it has been placed and handed over to our warehouse. Thus, please make sure all information is correct before completing your order.
Contact us at email@example.com if you have any questions about shipping speed, or if you would like to arrange for a speedier delivery (at additional cost).
Shipping Policies for International Orders
YMI can ship orders to Canada and other international locations, but you may be charged additional fees once you receive our package, since international buyers often are responsible for paying duties, taxes, and applicable customs brokerage fees separate from the merchandise cost. Such fees are generally due upon receipt of a shipment.
If you have questions about shipping to Canada or other international locations, please email firstname.lastname@example.org.
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. These restrictions 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 we make a change to or cancel an order, we will 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.
Promotions and Coupon Codes
To use the discount code, apply before checkout, enter the code as shown and click ‘Apply Code’. Additionally, our codes are case and space sensitive. Please type in the code as it appears without spaces.
All coupon code applies to regular priced items only. Excludes all "SALE" and “UNDER $20” categories. Coupon codes cannot be applied to past purchases or international orders.
30% off Membership coupon is valid up to 14 days after the sign-up date. It may only be used once and cannot be combined with any other offer. Does not apply to "SALE" and “UNDER $20” categories, past purchases, gift cards, shipping and handling, taxes and items in current site sale promotions. Other exclusions may apply. YMI Jeans reserves the right to end or modify this promotion at any time.
Refunds/Returns Policy for Domestic (USA) Purchases
If you purchased a YMI Jeans clothing item from YMI on our online store, the following refund/return policy applies to purchases shipped to domestic (USA) addresses. If you purchased a YMI Jeans clothing item from a retailer or online store, please refer to that reseller’s own policies, which would control refund or return of your purchase from that reseller.
While we take pride in every YMI product, if you are not satisfied with your purchase we’ll assist you with a prompt return. We gladly accept unworn, unwashed or defective full-priced merchandise for up to thirty (30) days after purchase date. Original receipt and tags must be attached. IF CLOTHING IS RETURNED WITH SIGNS OF USE (I.E., STAINS, ODORS, FADING, OR ANY DAMAGE), THEN YMI MAY NOT ACCEPT IT FOR REFUND OR AS A RETURN.
You may start the refund/return process by filling out the return form that was enclosed in your order. Pack up the items you wish to return and mail your return to the address provided. Customer will be responsible for all shipping costs associated with any returns.
There will be no refunds or returns after the initial 30 day period has expired.
· Request for Exchange: As a result of high demand, we are not able to offer exchanges. All the eligible returned items will be refunded once they have been received by our warehouse. To ensure your item is still in stock, please place a new order for the item you would like. You will receive the right product faster if you place a second order.
· Request for Refund: If you request a refund, then the refund will be provided to the method of original payment only. Refunds do not include any original shipping costs that may have been covered by YMI (i.e., with a “Free Shipping” promotion).
YMI merchandise purchased from other retailers, including department stores, must be returned to the store from which it was originally purchased, and is subject to the return/refund policy of the originating retailer.
Refunds/Returns for International Purchases
We do NOT accept returns on orders that were shipped to an address outside the United States. Please do not ship any such items back to YMI, as we cannot accept such shipments from international addresses and will refuse the delivery.
Refunds for internationally shipped orders will only be given on defective product or wrong styles/size sent, and with proof of that error as demanded by us (i.e., photograph of items received).
Please email email@example.com if there are any such issues with your International order.
Limited 30-day Price Protection
If you purchased an item from www.ymijeans.com, and you see that the item has been discounted/marked down on www.ymijeans.com within thirty (30) days of your purchase so that it would have cost less within 30 days of your purchase from our site, you can request that the difference in price be refunded to you. Price differential refunds can only be provided to the method of original payment. Contact firstname.lastname@example.org if you wish to request a refund for an item that has been discounted on YMI’s website within 30 days of your purchase.
Please note: YMI does not monitor prices at which its clothing may be sold at retailers or on other websites, and does not offer any refunds based on prices that could be offered by resellers of its products. The price protection applies only to purchases made directly from YMI on its website.
Risk of Loss
Except as otherwise set forth herein, the risk of loss for and title to products purchased from YMI passes to the purchaser upon delivery to the carrier.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and YMI agree to the following dispute resolution procedure for any dispute related to this transaction: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the YMI website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Should the parties not be able to resolve the Dispute within 30 days of the notice, then you and YMI agree that we will agree upon an arbitration provider that accepts consumer disputes (i.e., AAA or JAMS) and that is convenient to both parties, and that the provider’s rules for consumer arbitrations will apply to our proceedings. You and YMI agree that we will give up their rights to go to court to assert or defend claims related to this transaction but instead will resolve our Dispute through binding individual arbitration. YOU AND YMI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY AND IN SO DOING YOU AND YMI HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act.
YMI Jeans Las Vegas Trip Social Media Sweepstakes
PLEASE READ THESE RULES CAREFULLY PRIOR TO PARTICIPATION OR ENTRY. NO PURCHASE IS NECESSARY TO REGISTER, ENTER, OR WIN. OPEN ONLY TO INDIVIDUALS AGED 21+ WHO ARE LEGAL RESIDENTS OF THE UNITED STATES.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
1.1. This Prize Draw is open to legal residents of the 50 United States and Washington D.C. who are aged 21 years old at the time of entry. Entrants must be available to travel to and from Las Vegas, United States before [September 30, 2019] to enter. Employees, members, officers or directors of YMI Jeans (“Sponsor”) and affiliated companies, subsidiaries, distributors, advertising and promotion agencies, and any and all other companies associated with the design or execution of the Promotion (collectively, the “Promotion Parties”) and the members of the immediate families or households of any of the foregoing are not eligible to enter or win.
1.2. Entrants will require access to the internet to enter the Prize Draw.
1.3. Entrants must have their own active personal Instagram account.
2. How to enter
2.1. To enter the Prize Draw entrants must:
2.1.1. Follow @ymijeans on Instagram.
2.1.2. Like the competition post.
2.1.3. Tag a friend in the comments section of the competition post. (“Entry” or “Entries”).
2.2. Entries must be made between [8/7/19 – 8/9/19] ("Prize Draw") to be valid.
2.3. Entries received after the end of the Prize Draw Period will not be valid.
2.4. No bulk, third party or automated entries are permitted.
2.5. All entrants (including the winner) must comply with any reasonable directions given to him or her by the Promoter in connection with the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
3. Winner selection and contact
3.1. An independent panel of judges ("Judges") will choose one (1) winner at random.
3.2. A winner will be announced on Instagram stories within [8/9/19 at 6pm PST to 9pm PST] of the competition ending.
3.3. The Judges shall have absolute discretion to choose the winning Entry and the Judges' decision shall be final.
3.4. At the end of the Prize Draw Period, the Promoter will announce the winner via direct message on Instagram (“Winner”) whereby the Promoter will ask the Entrant for their name and email address ("Details"). Once the Details have been provided in the manner stipulated herein, the Promoter will provide further details regarding the Prize.
3.5. The Winner must provide their Details in order to claim the Prize.
3.6. If any Winner fails to provide their Details to the Promoter within 48 hours of the Promoter via Instagram DM and asking them to provide the Details in accordance with clause 3.3 then the Promoter acting in its absolute discretion may:
3.6.1. make further attempts to contact that Winner; and/or
3.6.2. withdraw the Prize from that Winner.
3.7. If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter under clause 3.6.2:
3.7.1. the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a new Winner selected by the Judges in accordance with this clause 3.
4.1. A trip to Las Vegas, United States (comprising of a flight and hotel accommodation) for the Winner worth up to $1,500. The Winner will receive a two (2) night stay in Las Vegas, United States with economy flights from their choice of either:
4.2 The Prize will include 1 x standard baggage allowance for the Winner.
4.3 The Winner will receive two (2) nights’ accommodation (The Judge will have the final say to choose the type of room) in a hotel of the Promoter’s choosing with a star rating of at least three (3) stars within Las Vegas, United States.
4.3b The Judge and/or Sponsor will cover the nightly rate, taxes, and resort fees. The Winner must have a valid credit card for check-in to cover all incidentals aside from the booking reservation.
4.4 The Winner will be asked to specify their three preferred departure dates to the Promoter within 2 weeks after announcing the winner in advance, and the Promoter will use reasonable endeavors to book the hotel and flight for one of the Winner’s preferred dates. The booking cannot be amended once confirmed by the Promoter to the Winner.
4.5 The Promoter has the final say for selecting the hotel and flight, dates for travel and flight times and will be responsible for booking the flight and accommodation. For avoidance of doubt the Prize does not include travel between the Winner’s home and the Airport, transfers whilst in Las Vegas or personal expenditure or incidental or legal costs, other than where mentioned. It is the responsibility of the Winner to ensure they and their friend have a state- issued valid identification card/ driver’s license/ valid passport and all insurance required (including travel insurance) and obtain any necessary vaccinations and visas for their trip. The Promoter accepts no responsibility for any costs associated with the prize that are not expressly included in the prize.
4.6. The prize will need to be redeemed no later than [9/30/19] ("Prize").
4.7. The Prize is subject to availability.
4.8. The Prize is non-transferable and non-refundable and the Winners cannot request any alternative prize (cash or otherwise) or make any changes to their booking itinerary.
5. There will be one Winner (1) announced at once in total.
6. Winner publicity
6.1. The Promoter reserves the right to publish each Winner's name and Entry on the Promoter’s official social media accounts, including Twitter, Instagram and Facebook and on its website found at www.ymijeans.com
6.2. By entering the Prize Draw, if you are a Winner you agree to your Entry being published in accordance with clause 5.1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.
7. Entry requirements
7.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Prize Draw or Promoter into disrepute will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.
7.2. The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its Twitter or Instagram pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.
8. Use and display of Entries and copyright
8.1. The copyright subsisting in the Entry must belong to the entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries. If an Entry contains reference to or images of a person, the consent of that person must have been obtained.
8.2. By submitting an Entry:
8.2.1. you licence and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s website, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;
8.2.2. you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
9.1. Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for:
9.1.1. any Prize that is not redeemed;
9.1.2. any personal property;
9.1.3. any loss of enjoyment or wasted expenditure;
9.1.4. any system failures or malfunctions of any third party websites;
9.1.5. any incomplete, lost, delayed or late Entries;
9.1.6. any failure to fulfil obligations of any third parties involved in this Prize Draw;
9.1.7. any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw howsoever arising from participating in the Prize Draw;
9.1.8. communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of this Prize Draw;
9.1.9. inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
9.1.10. any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
9.1.11. if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorized intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or
9.1.12. any other matter outside of their reasonable control.
9.2. Nothing in these Terms and Conditions affects your statutory rights.
9.3. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
9.4. The Winner agree to indemnify and keep indemnified the Promoter, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
9.4.1. their Entry into this Prize Draw; and/or
9.4.2. their receipt and use of any Prize.
10.1.The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter through its Instagram accounts.
10.2.By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your Entry.
10.3.Any person who provides their Details to the Promoter in connection with this Prize Draw accepts:
10.3.1. these Terms and Conditions; and
10.3.2. the use of their personal data by the Promoter:
10.3.2.1. for the purpose of administration of the Prize Draw (including publishing the name of the Winner and any administration relating to the Prize); and
10.3.2.2. any other purpose for which they have consented.
10.5.Without prejudice to clause 6.1, the Promoter reserves the right to exclude any Entry from the Prize Draw if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
10.6.No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
10.7.If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
10.8.If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
10.9.No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.