Terms & Conditions
Last Updated: December 3, 2018
- Introduction; Contractual Relations
Please read this document carefully. It contains very important information regarding your rights and obligations, including limitations and exclusions that might apply to you. It also includes an agreement to arbitrate in Section 12 below, which will require you to submit claims against us to binding and final arbitration.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Website on your personal device or computer or other device, solely in connection with the purchase and sale of Products; and (ii) access and use any content and related materials that may be made available on the Website, in each case solely for your personal non-commercial and/or permitted commercial use. Any rights not expressly granted herein are reserved by us and our licensors.
By using our Website you are representing and warranting that you are legally competent both in age and mental competency to accept and be bound by these Terms. If for any reason, we, in our sole discretion, believe you do not meet the eligibility requirement in the immediately preceding sentence, we reserve the right, without provision of any notice to you, to terminate your account and the Terms. If you do not meet the aforementioned eligibility requirements, we have no obligations to you under the Terms.
2. Payment Terms, Shipping Fees and Taxes / Duties
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
At the time of shipment, you will be charged the Product amount plus shipping and handling expenses, and any applicable taxes.
If you are shipping within the United States of America, sales tax will be charged on orders shipping to New York and Utah. This tax will be charged at such time you are charged the full amount of the order. If you are shipping outside the forty-eight (48) contiguous states of the United States of America — i.e. to Hawaii or Alaska, an extra $3 service charge above shipping expenses will apply. No other tax or import duty will be applied to orders shipped within the United States. If you are shipping to Canada, a surcharge of $10 will be charged, and in addition, you will be responsible for all duties and taxes collected by the Canadian Border Services Agency.
We accept payment for all purchases through third-party payment processors. You agree to be bound by and accept the Terms of those processors. Further, you represent and warrant that: (i) the credit card information you supply to us, our vendor, and our affiliates is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments, including payments for surcharges and restocking fees, must be paid in United States dollars. Therefore, any such payments made in Canadian dollars or any other currency will be subject to prevailing currency exchange rates. No C.O.D orders can be accepted.
To the extent authorized by applicable law, you agree to defend, indemnify and hold us, our officers, directors, employees and agents, harmless against any and all claims, demands, damages, losses, liabilities and costs, including, without limitation, reasonable legal, expert and accounting fees, incurred by us in connect with any claims, actions or demands alleging or resulting from your use of the Products or content on our Website, your direct or indirect breach of these Terms, or your violation of law or of the rights of any third party.
4. Limitation of Liability
IN NO EVENT SHALL WE OR OUR SUPPLIERS HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, OR USE OF THE PRODUCTS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF OUR SUPPLIERS) FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOUR FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.
5. Changes in Products and Pricing
We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.
6. Shipping Policy
Estimated delivery time is seven (7) to ten (10) business days. Please note the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization or following other extenuating circumstances that are beyond our control such as acts of force majeure including, without limitation, the following: acts of God; acts or omissions of any government; any rules, regulations or orders issued by any governmental authority or by any officer, department, agency or instrumentality thereof; fire; flood; storm; earthquake; accident; war; rebellion; insurrection; riot; and invasion. You hereby agree that you accept these shipping terms upon your placing of an order with us.
7. Fit Guaranteed!
If your Fitlogic Products (as defined below) do not fit perfectly, simply let us know within thirty (30) days of delivery and we will ship the new size and replace at no charge!We allow up to two shipments of the first Fitlogic Product(as defined below) purchased toward ensuring that we have identified the proper fit.
8. Money Back Guarantee
Your Fitlogic Product (as defined below) comes with a 30-day unconditional money-back guarantee for fit and product satisfaction. For your first Fitlogic Product(as defined below) order, if you need to exchange for a different size please call a Customer Service team member within 30 days of delivery and we will send you the new size at no charge. It’s so easy to find your perfect fit! If you would prefer to return vs. exchange your Fitlogic Product (as defined below), please call Customer Service within 30-days of delivery for an RMA#. Once item(s) are received at our warehouse, we will quickly refund the original purchase amount less any shipping and handling. Please note $5 will be deducted from your final refund amount to cover restocking.
9. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation 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, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled, you will receive a refund credit to your account.
10. Return Policy
We want all of our customers to be happy with purchases made at our Website. Please be aware of the following return policy:
A. Returnable Items
Permissible Products for return must be unused, unworn, unwashed and undamaged, and must be returned in their original packaging, including hangers, garment bags, and other packaging materials. If your Product was shipped to a location within the United States, your return of that Product must be received by our personnel within thirty (30) days from the date of delivery of that Product. If your Product was shipped to a location outside the United States, your return of that Product must be received by us within forty-five (45) days from the date it was shipped to you. Unless otherwise provided in these Terms, the customer bears the cost of shipping Products back for return. We shall have no obligation to accept any return that we receive after the expiration of the applicable return period.
A customer may make an exchange within thirty (30) days of delivery of their Product if:
1) They require a new size; or
2) There is a manufacture defect.
Contact Customer Service if any of the aforementioned scenarios apply. We will ship you a replacement Product based on our reassessment of your fit. Please keep your original Products until you receive your replacement. Once you receive your replacement Customer Service will contact you with next steps. If you do not hear from Customer Service within five (5) days it is your obligation to contact the department at 1-800-250-4255 or by email at email@example.com.
If a customer requires a second replacement of the Products, if due to manufacture defect or fit, then shipping cost is covered through an emailed return label. There is no cost to the customer for the shipment of the replacement Products. Both the original Products and the replacement Products will need to be mailed back using the e-mailed return label.
C. Finding Your Personal Fit the First Time As It Relates to Returns
Upon placing your Product order for a women’s pants, jeans, capris, shorts or any other Product, but specifically excluding a top (collectively, the “Fitlogic Products” and each, a “Fitlogic Product”), you will be asked to respond to questions to help determine your perfect size and shape. Your honesty and forthrightness is of the utmost importance when answering these questions. After you have completed the questionnaire you will receive your Fitlogic size and shape. For your first order only, if the Fitlogic Product you receive does not fit perfectly right out of the box, you can send it back and we will try and correct your fit one time. We will work with you to make sure we are sending you the best solution. Understand that without complete honesty when answering the fit questions, it is difficult to easily identify your personal fit. If after the second Fitlogic Product is shipped it still does not fit, you can return it within thirty (30) days of delivery and get a refund of the original purchase amount less any shipping and handling. Please note $5 will be deducted from your final refund amount to cover restocking. If you are based in the United States, we will give a maximum of sixty (60) days for you to find a Fitlogic Product that fits you. If you are based outside the United States, we will give a maximum of seventy-five (75) days for you to find a Product that fits you.
D. Shipment of Returns
If you are in the United States and would like to return a returnable Product, please contact Customer Service by calling 1-800-250-4255 to get an RMA number. Before any Products can be returned, a customer must contact Customer Service for a RMA (Return Merchandise Authorization) number and instruction on how to process the return.
E. Canadian Duties and Taxes
If you are returning goods shipped by us to Canada, please note that we will not refund any duties and taxes paid to Canadian federal or provincial government. To inquire about such a refund, please directly contact the Canada Border Services Agency.
11. Intellectual Property
A. Copyright Notice
All content and software included or used on the Website is our property or our content or software suppliers, as the case may be, and is protected by United States and international copyright laws. The compilation of all content on the Website is our exclusive property and is protected by United States and international copyright laws. © 2018, Park Avenue Apparel, LLC, New York, United States – All Rights Reserved.
B. Trademark Notice
All marks on our Website including, but not limited to, Fitlogic, are registered trademarks of ours or our licensor in the United States and other countries. “Little Black Pant”, “Measure & Made”, and its related graphics, logos, page headers, button icons, scripts, and product and service names included in relation to the Website, are trademarks or trade dress of ours in the United States and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
C. Patent Notice
The Fitlogic sizing system used on our Website is licensed by us and is protected by patent (No. 7,092,782) in the US and elsewhere.
D. Copyright, Trademark & Patent Complaints Notice
We respect the intellectual property rights of others, and require all users of our Website and services to respect ours as well. If you believe that your work has been copied in a way that constitutes copyright, trademark, patent or other intellectual property infringement, please report your alleged infringement as soon as possible, to our Intellectual Property Agent: Thomson Ollunga LLP at firstname.lastname@example.org.
You may not: (i) remove any copyright, trademark, patent or other proprietary notices from any portion of the Website or services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Website or services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website or services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or services or unduly burdening or hindering the operation and/or functionality of any aspect of the Website or services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Website or services or related systems or networks thereto.
The Website and the services and all rights therein are and shall remain our property or the property of our licensors. Neither these Terms nor your use of the Website and the services convey or grant to you any rights: (i) in or related to the Website and/or the services except for the limited license granted above; or (ii) to use or reference in any manner our company name, logos, Product and service names, trademarks or services marks or those of our licensors.
12. Governing Law; Forum and Jurisdiction
You hereby agree that by using the Website, any action arising between you and us in relation to such use, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to principles of conflicts of laws, as the same may, from time to time, be in effect, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
Any and all disputes or controversies arising under or relating to the interpretation or application of the terms of these Terms or any extension or modification thereof, or the asserted breach thereof by any party, shall be resolved through final and binding arbitration in New York City, the State of New York, by a single arbitrator to be chosen by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitrator so appointed shall be empowered to, in addition to awarding actual money damages (but not punitive damages) against the party found to have violated these Terms, grant in his award, injunctive or other types of equitable relief, to enforce specific performance of these Terms, and to prevent any continuing or further violation of its terms. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction there. The cost of such arbitration shall be borne equally by the parties, except that each party shall be responsible for its own attorneys’ fees.
ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST US MUST BE INSTITUTED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ARISES OR BE DEEMED FOREVER WAIVED AND BARRED.
IN ANY ACTION, SUIT, OR PROCEEDING IN ANY JURISDICTION BROUGHT BY YOU AGAINST US, YOU KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY AND EXPRESSLY WAIVE FOREVER TRIAL BY JURY.
14. Further Inquiries
Feel free to direct any questions to us about these Terms, our Website, our services, or any other issues, via email email@example.com.
Our 30 Day Fit Guarantee
Your Product Comes With A 30-Day Unconditional Money-Back Guarantee For Fit And Product Satisfaction.
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