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YMI JEANS TERMS AND CONDITIONS

Last modified 03/15/19
 

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.

Privacy Policy and Terms of Use

These Terms and Conditions specifically reference and fully incorporate YMI Jeans’ Privacy Policy, which is available in the footer section of each page of the website of www.ymijeans.com

Payment

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 customercare@ymijeans.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 support@internationalcheckout.com.

Site Transactions

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 support@internationalcheckout.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 customercare@ymijeans.com 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.

Arbitration Agreement

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.

Rue21 - YMI Jeans Sweepstakes

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN IN THIS PROMOTION.   A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED.

1.  Entry Timing: The “Entry Period” for the rue21 “rue21 YMI Jeans Sweepstakes” (“Promotion”) is from 9:00:00 AM EST on March 14, 2019 to 9:00:00 PM EST March 14, 2019. 

2. Who Can Enter: The Promotion is open to legal residents of the 50 United States and Washington D.C. who are the age of majority in their state of residence at the time of entry.  Entrants must be an Instagram account holder to enter, and entrant’s Instagram account must not be private.  Void where prohibited.  Employees, members, officers or directors of New rue21, LLC (“Sponsor” or “rue21”) 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. Participation constitutes entrant’s full and unconditional agreement to these Rules and Regulations and to Sponsor’s decisions, which are final and binding in all matters. Winning a prize is contingent upon fulfilling all requirements set forth herein. All federal, state and local laws and regulations apply.

No Sponsorship or endorsement of the Promotion Parties by Instagram is intended or implied; nor is Instagram associated with the Promotion in any way.  Any questions, comments or complaints about the Promotion should be directed to Sponsor.   All information provided for entry into the Promotion is being provided to Sponsor. 

3. How to Enter:  To enter: (1) Follow rue21 at @rue21 and YMI Jeans at @ymijeans on Instagram, (2) Like the rue21 YMI Jeans Sweepstakes post at both @rue21 and @ymijeans on Instagram (the “Promotional Posts”) and (3) Tag two (2) Instagram friend in the comments section of either of the Promotional Posts, OR send your name, address, phone number and e-mail via fax to 724 741 9020 Attn: rue21 Marketing, rue21 YMI Jeans Sweepstakes.  One entry per person.  Any attempt by any participant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void that participant's entries, and that participant may be disqualified at rue21’s discretion. Please be advised that rue21 may use entrants’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by rue21, such as to notify them of a product or promotion that rue21 thinks may be of interest.  Please review our Privacy Policy regarding our use of personal information and commitment to your privacy.

4. Prizes and Prize Drawings:  After the Entry Period ends, but before March 31, 2019, six (6) Prize Winners will be randomly selected from the eligible entries.   Each Prize Winner will receive three (3) pairs of YMI denim jeans. The odds of winning a Prize are based on the number of eligible entries received by rue21 during the duration of the promotion. No individual prize to be awarded in the Promotion is valued at over One Hundred Twenty-Two Dollars ($122) and the total value of all prizes to be awarded over the life of the Promotion is approximately Seven Hundred Thirty-Two ($732).  The winners will also be featured on the rue21 website and on official rue21 social media.  Winners will be contacted via Instagram message (or phone or e-mail if available) if they have won. 

Prizes are not transferable, and no substitutions are allowed except in rue21’s sole discretion. Non-cash prizes may not be redeemed for cash.  The images of merchandise displayed in the Promotion are not necessarily photographs of the actual prizes that will be awarded or available for purchase with rue21 gift cards.  Further, rue21 reserves the right to substitute a prize of equal or greater value if the advertised Prize (or portion of Prize) is unavailable. Winners are solely responsible for the reporting and payment of all applicable federal, state and local taxes (including but not limited to income and sales taxes) atccxtributable to prizes.   rue21 shall exclusively own all worldwide right, title, and interest in all submitted entries. 

5. Winner Notification. An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified. Potential winners will be notified by Instagram message or (if possible) by e-mail or phone. Return of any prize or prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winners will be required to respond to the communication from rue21 to acknowledge receipt of the Prize. If no response is obtained 48 hours of notification, attempts may be made to reach the winner by phone or mail or, at rue21’s option, the prize will be awarded to a replacement winner randomly selected from the remaining eligible entries.  In the event a question regarding a winner’s identity arises, entries will be deemed made by the holder of the e-mail account associated with the entry. The winner of a prize awarded pursuant to the terms and conditions of this Promotion may be required to submit an Affidavit of Eligibility and Release of Liability upon request of rue21.

 6. General Conditions: This Promotion is governed by the laws of the United States and is void outside the United States and where prohibited by law. If, for any reason, the Promotion is not capable of running as planned, including, but not limited to, as a result of infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and: (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Rules and Regulations; and/or (c) award all prizes claimed prior to cancellation from among the eligible, non-suspect entries received, up to the time of impairment. Entrants waive any right to claim ambiguity in regard to the interpretation or implementation of these official rules.  

7. Limitations of Liability: BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT Sponsor, INSTAGRAM AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND AFFILIATED PARTIES (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES RESULTING FROM PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROMOTION, ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, INTELLECTUAL PROPERTY RIGHTS EMBODIED IN ANY DESCRIPTION, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, CONCERT CANCELLATIONS, DELAYS, INTERRUPTIONS, OR FOR ANY REASON DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, TERRORISM, OR OTHER EVENTS BEYOND THE REASONABLY CONTROL OF THE RELEASED PARTIES.  

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize.

ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.  Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules and Regulations shall not constitute a waiver of that provision.

8. Disputes:  Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the State and Federal Courts of the Commonwealth of Pennsylvania, in the County of Allegheny and/or the Western District of Pennsylvania; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys' fees; (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (d) entrants irrevocably waive any right to equitable or injunctive relief. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules and Regulations, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the State of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Pennsylvania.

9.  Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy located at www.rue21.com.

10. Rules and Regulations and Winners List: For the names of the winners of prizes, send a self-addressed, stamped envelope to: “rue21 YMI Jeans Sweepstakes Winners”, 800 Commonwealth Drive, Warrendale, PA USA 15086, Attn: Marketing. For the Rules and Regulations, available for 90 days after winner selection, visit www.rue21.com or send a self-addressed, stamped envelope to: “rue21 Winners”, 800 Commonwealth Drive, Warrendale, PA USA 15086, Attn: Marketing.  Allow approximately two (2) weeks for delivery.