Essentialhoodien Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the Essentialhoodien website (essentialhoodien.com, “Website”), including all content, features, and services offered through the Website (e.g., browsing hoodie collections, creating an account, placing orders, contacting customer service). By accessing or using the Website, you (“you” or “User”) agree to be bound by these Terms, as well as our Privacy Policy, Terms of Purchase, and Refund Policy (all available on the Website). If you do not agree to these Terms, you may not access or use the Website.
1. Eligibility to Use the Website
To use the Website, you must:
- Be at least 13 years old. If you are between 13 and 17 years old, you must obtain the consent of a parent or legal guardian, who will be deemed to have agreed to these Terms on your behalf.
- Have the legal capacity to enter into a binding agreement (e.g., not be under a legal disability that restricts contractual rights).
- Comply with these Terms and all applicable local, state, national, and international laws (e.g., laws governing online transactions, data privacy, and import/export for international orders).
2. Account Creation & Management
2.1 Account Registration
If you choose to create an account on the Website, you must provide accurate, complete, and current information (e.g., full name, valid email address, secure password). You agree to update this information promptly if it changes (e.g., a new email address or shipping address) to ensure order communications and service updates reach you.
We reserve the right to suspend or terminate your account if we discover false, incomplete, or outdated information—including if your email address bounces or is found to be invalid.
2.2 Account Security
You are solely responsible for maintaining the security of your account, including your password. You agree to:
- Keep your password confidential and not share it with any third party.
- Notify us immediately at [email protected] if you suspect unauthorized access to your account (e.g., a stolen password, unrecognized login activity).
- Accept responsibility for all actions taken through your account, even if those actions were not authorized by you.
We are not liable for any loss, damage, or unauthorized transactions resulting from your failure to secure your account.
3. Permitted Uses of the Website
You may use the Website only for lawful, non-commercial purposes that align with the Website’s intended function, including:
- Browsing our hoodie collections, size guides, product descriptions, and policy pages to gather information.
- Creating an account to save shipping addresses, track order history, and manage future purchases (consistent with our Terms of Purchase).
- Placing orders for hoodies in compliance with our pricing, payment, and shipping rules (e.g., global free shipping, USD-only payments).
- Contacting our customer service team for support (e.g., questions about returns, delivery status, or hoodie care).
- Submitting feedback or reviews about our products, provided the content is truthful, respectful, and does not violate Section 4.
4. Prohibited Uses of the Website
You may not use the Website for any activity that violates these Terms, harms Essentialhoodien or other Users, or violates applicable laws. Prohibited uses include, but are not limited to:
- Unauthorized Access: Attempting to access restricted parts of the Website (e.g., admin panels, customer databases) without permission; using automated tools (e.g., bots, scrapers, crawlers) to collect data from the Website (unless explicitly permitted by us in writing); or bypassing security measures (e.g., firewalls, login requirements).
- Fraudulent Activity: Placing orders with stolen payment information, fake identities, or invalid shipping addresses; creating multiple accounts to manipulate promotions or avoid policy restrictions (e.g., excessive returns); or impersonating another person or entity.
- Harmful Content or Conduct: Uploading, transmitting, or sharing malware, viruses, or other harmful code that could damage the Website, our systems, or other Users’ devices; posting hate speech, harassment, threats, or discriminatory content; or sending spam, unsolicited marketing messages, or phishing communications.
- Intellectual Property Infringement: Copying, reproducing, modifying, distributing, or selling any content from the Website (e.g., hoodie images, logos, brand names like “Essentialhoodien,” product descriptions) without our prior written permission.
- Disruption of Services: Overloading the Website with excessive requests, interfering with its functionality, or disrupting other Users’ access (e.g., through DDoS attacks or intentional glitches).
- Violation of Policies: Using the Website to violate our other policies—including returning hoodies that do not meet our 60-day return eligibility rules, or reselling hoodies purchased for personal use (as prohibited in our Terms of Purchase).
5. Intellectual Property Rights
All content on the Website—including but not limited to hoodie images, logos, trademarks (“Essentialhoodien”), product descriptions, size guides, website design, and written text—is the exclusive intellectual property of Essentialhoodien or our licensors. This content is protected by copyright, trademark, and other intellectual property laws worldwide.
You may not:
- Use our trademarks, logos, or brand elements in any way that could cause confusion (e.g., implying affiliation with your own business) or dilute their value.
- Reproduce or distribute Website content for commercial gain (e.g., selling printed copies of our size guides, using our hoodie photos to promote another store).
- Alter or modify Website content (e.g., editing product images to mislead about hoodie color or fit) without permission.
If you wish to use Website content for non-commercial purposes (e.g., a personal blog review of our hoodies), contact us at [email protected] to request written authorization.
6. Website Content Accuracy & Availability
6.1 Content Accuracy
We strive to ensure that all Website content (e.g., hoodie pricing, size charts, color descriptions, availability) is accurate and up-to-date. However, we do not guarantee absolute accuracy, completeness, or timeliness. For example:
- Hoodie colors may appear differently on your device due to screen resolution, brightness, or color settings.
- Product availability may change unexpectedly (we will notify you of out-of-stock items as outlined in our Terms of Purchase).
- Typographical errors (e.g., pricing mistakes, typos in size descriptions) may occur occasionally—we reserve the right to correct such errors and cancel or adjust affected orders at our discretion.
We encourage you to contact our customer service team if you have questions about Website content before making a purchase.
6.2 Website Availability
We aim to keep the Website accessible 24/7, but we do not guarantee uninterrupted service. The Website may be temporarily unavailable for:
- Scheduled maintenance (we will post advance notice on the Website when possible).
- Unscheduled issues (e.g., server outages, technical glitches, or disruptions from third-party service providers).
We are not liable for any loss, inconvenience, or missed orders caused by temporary Website unavailability, but we will make reasonable efforts to restore access as quickly as possible.
7. Third-Party Links & Content
The Website may contain links to third-party websites (e.g., social media platforms like Instagram, payment processors like PayPal, or shipping carriers like USPS) or display third-party content (e.g., ads, user-generated reviews from external platforms). These third-party resources are not controlled by Essentialhoodien, and we are not responsible for their content, privacy policies, or practices.
Including these links or content does not constitute our endorsement of the third party or their services. We encourage you to review the terms of use and privacy policies of any third-party website you visit through the Website.
8. Limitation of Liability
To the maximum extent permitted by law:
- Essentialhoodien shall not be liable for any indirect, incidental, special, or consequential damages arising from your use or inability to use the Website (e.g., missed orders due to Website downtime, inconvenience from incorrect size information, or losses from unauthorized account access).
- We shall not be liable for damages caused by third parties (e.g., payment processor errors, shipping delays from carriers) or events beyond our control (e.g., natural disasters, cyberattacks, or regulatory changes).
- Our total liability for any claim related to the Website or these Terms shall not exceed $100 or the total amount you paid for hoodies through the Website in the past 12 months, whichever is greater.
This limitation of liability applies even if we have been advised of the possibility of such damages, and it survives the termination of these Terms or your use of the Website.
9. Indemnification
You agree to indemnify, defend, and hold harmless Essentialhoodien, our employees, officers, partners, and licensors from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your violation of these Terms or applicable laws.
- Your unauthorized use of the Website or its content (e.g., infringing intellectual property rights).
- Activity on your account (whether authorized by you or not, including fraudulent orders or returns).
- Your interactions with third parties through the Website (e.g., disputes with shipping carriers over delivery).
10. Termination
We may terminate or suspend your access to the Website at any time, without prior notice, if:
- You violate any provision of these Terms (e.g., engaging in fraud, uploading harmful content).
- We suspect unauthorized or fraudulent use of your account.
- You fail to respond to requests for updated account information (e.g., a valid email address).
Upon termination:
- You must stop using the Website immediately.
- Any rights granted to you under these Terms (e.g., access to your account, ability to place orders) will cease.
- We may retain your account data for a reasonable period to comply with legal requirements (e.g., tax records) or resolve pending disputes.
You may also terminate these Terms by closing your account and ceasing all use of the Website.
11. Changes to These Terms
We may update these Terms periodically to reflect changes in our business practices, laws, or Website features (e.g., adding new payment methods, updating security rules). When we make changes:
- We will revise the “effective date” at the top of this page.
- We will post the updated Terms on the Website.
- For significant changes (e.g., new prohibited uses, adjustments to liability limits), we may also notify you via email (if you have an account) or a pop-up notice on the Website.
Your continued access to or use of the Website after the changes take effect constitutes acceptance of the revised Terms. We recommend reviewing these Terms periodically to stay informed of updates.
12. Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.
Any dispute arising from these Terms or your use of the Website (e.g., account termination, liability claims) shall first be resolved through good-faith negotiation by contacting our customer service team at [email protected]. If negotiation fails, the dispute shall be submitted to binding arbitration in Los Angeles County, California, in accordance with the rules of the American Arbitration Association, rather than being resolved in court.
13. Contact Us
If you have any questions, concerns, or disputes related to these Terms of Use or the Website, please contact our customer service team at:
- Email: [email protected]
We will respond to your inquiry within 24 business hours and work to resolve the issue promptly.