YMI JEANS TERMS AND CONDITIONS
last modified 9/21/18
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 order 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 firstname.lastname@example.org 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 email@example.com.
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.
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 emailing firstname.lastname@example.org with you name, email, Order ID and the item you wish to exchange/return. There will be no refunds or returns after the initial 30 day period has expired.
If you received your item(s) within the contiguous United States, and you notify us within the first ten (10) calendar days of your purchase of your wish to refund/return your purchase from www.ymijeans.com, you may request an electronic pre-paid UPS return label by contacting customer service via email at email@example.com and providing your order number and reason for your return. Only requests made within the first 10 calendar days of purchase will be eligible for a pre-paid UPS return label.
**Complimentary free return shipping labels are only valid for customers within the contiguous United States and request must be made within the first 10 calendar days of purchase date. We regret Hawaii, Alaska, Canada and all international orders do not qualify for complimentary shipping.**
· Request for Exchange: If you request an exchange for another YMI item, the new item will be shipped to you for no charge. However, complimentary shipping is only offered for the initial exchange only. Customer will be responsible for all shipping costs associated with any additional exchanges.
· 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 Return 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 firstname.lastname@example.org 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 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 email@example.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 fromYMI 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
Tessa Giveaway Terms
1. Giveaway begins September 24, 2018 at 12:01 a.m., Eastern Standard Time and ends October 1, 2018 3:00 p.m. Eastern Daylight Savings Time, when all entries must be received. To enter, go to Tessa Brook’s YouTube video for complete giveaway entry steps, and submit it as instructed. Winners are selected at random in chronological order of contest entry. Prize order will be decided in chronological order of when contest entry was placed.
One entry per person/e-mail address. Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere, will not be eligible. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor further reserves the right to cancel, terminate or modify any promotion not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
2. Three (3) Potential Winners will be selected by October 1, 2018 and will be notified by Instagram or e-mail. If the potential winner cannot be contacted, does not respond within forty eight (48) hours, such potential winner forfeits all rights to any prize, and an alternate winner may be selected. All decisions of the judges appointed by Sponsor are final and binding in all respects.
4. Open to legal residents of the 50 United States or the District of Columbia who are 13 years of age or older at time of entry. Employees of Sponsor, independent contractors working directly on this program and the immediate family members of each are not eligible to enter.
5. This giveaway is subject to all federal, state, and local laws and regulations. This giveaway is void outside the 50 United States and the District of Columbia, and where prohibited. Any violation of these rules may result in disqualification. Sponsor is not responsible for errors in the administration or fulfillment of this giveaway, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this promotion based upon such error at its sole discretion without liability.
6. The winning Prize is not transferable. There shall be no substitutions for the Prize, except by the Sponsor, in which case a Prize of equal or greater value will be substituted.
7. All entries become the property of Sponsor and will not be acknowledged or returned. By providing your e-mail address, you grant Sponsor the right to send you commercial messages and share your address with others, unless specified otherwise as indicated on the entry form. By entering this contest, the winner and guest hereby grant the right to Sponsor to use the photographic image and likeness of the winner, the winner for all advertising and promotional materials.
8. Except where prohibited: (i) acceptance of the Prize constitutes consent to use of the name and likeness of, as well as biographical information on, the winner and guest for editorial, advertising and publicity purposes, without further compensation regarding the participation of winner in association with Sponsor’s products; (ii) potential winner and guest may be required to sign an affidavit of eligibility (including social security number) and liability/publicity/copyright permission release, and (iii) the winner and guest may be required to execute releases of Sponsor from any and all liability with respect to participation in the giveaway and/or use of the Prize. Affidavits and releases must be returned within twenty four (24) hours of attempted notification or an alternate winner may be chosen.