Terms of Sale
THESE TERMS OF SALE GOVERN YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASES OF UNKNOWN PRODUCTS, FROM UNKNOWN STORES (DEFINED BELOW) IN THE UNITED STATES. IF YOU ARE PURCHASING UNKNOWN PRODUCTS OUTSIDE THE UNITED STATES, YOUR PURCHASES ARE GOVERNED BY DIFFERENT TERMS. PLEASE REVIEW THE TERMS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE OR OTHERWISE PURCHASING FROM THE UNKNOWN STORE (AS DEFINED BELOW). PLEASE NOTE THAT YOUR USE OF AND ACCESS TO UNKNOWN STORES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS;
BY SHOPPING IN ANY UNKNOWN STORE OR PURCHASING ANY UNKNOWN PRODUCT FROM UNKNOWN IN THE UNITED STATES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST (A) DISCONTINUE USING OR SHOPPING IN OUR DIGITAL STORES AND DISCONTINUE VISITING OR SHOPPING, (B) NOT MAKE A PURCHASE
APPLICABILITY
These Terms of Sale (“Terms of Sale” or “Terms”) apply to your shopping, orders, and purchases at UNKNOWN-owned digital stores that enable consumer purchases through unknownapparel.net (A digital store). Digital Stores are collectively referred to in these Terms of Sale as “UNKNOWN Stores”. These Terms of Sale create a legally binding agreement between you and UNKNOWN Retail Services, Inc. (which we may refer to as “UNKNOWN,” “we,” “us,” or “our”) may revise these Terms of Sale at any time. The current Terms of Sale will be posted at unknownapparel.net. The Terms of Sale posted at the time you purchase products at a UNKNOWN Store will govern that purchase. In addition to the Terms of Sale, by shopping and/or purchasing at any UNKNOWN Store you acknowledge and agree to by bound by UNKNOWN's Terms of Use and Privacy Policy, which are incorporated herein by this reference.
PURCHASING PRODUCTS
NO PURCHASE FOR RESALE
UNKNOWN Stores, including any consumer rights or policies offered in UNKNOWN Stores, are intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses or any third party). If UNKNOWN determines that a purchase or order is intended for resale, UNKNOWN reserves the right, in its sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any UNKNOWN policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any UNKNOWN Store, and/or suspend or close any account.
HOW TO PURCHASE– DIGITAL STORE
To complete your purchase at a Digital Store, you must provide your full name, e-mail address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to be able to use all the functionalities of a Digital Store, which includes designing customized items, adding items to your shopping bag and submitting your order. When you submit an order, we will send an email acknowledging receipt of your order (“Order Confirmation”). Our acceptance of your order takes place when the products are shipped to you; we will send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product.
OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER
Sale of products and fulfillment of all orders at our UNKNOWN Store is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, in situations including but not limited to:
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The product you seek to purchase is not available or in stock.
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Your address, billing information, or form of payment is incorrect or cannot be verified.
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Your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology
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There is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purposes.
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Your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax.
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Your purchase or order exceeds product purchase limits (quantity and/or dollar amount).
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There is evidence that you are not eligible to make purchases.
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In the event of misspelling, pricing, or other errors or mistakes at our UNKNOWN Store where you wish to order or purchase. UNKNOWN will determine whether any of the above events have occurred in its sole discretion.
TITLE TRANSFER & RISK OF LOSS
Title and risk of loss for products purchased from UNKNOWN pass to you upon our delivery to the carrier. Title and risk of loss for products purchased online at UNKNOWN stores will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received.
INDEMNIFICATION AND RELEASE
To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless UNKNOWN Retail Services Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “UNKNOWN Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection with any UNKNOWN Store or with other UNKNOWN Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the UNKNOWN Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with our UNKNOWN Store or with other UNKNOWN Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party.
LIMITATION OF LIABILITY
These terms and conditions set out the full extent of our AGREEMENT AND UNDERSTANDING in respect TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, ACCESS, OR USE OF OUR UNKNOWN STORE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, the maximum aggregate liability of either party to the other on all claims ARISING FROM OR RELATING TO THIS Agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO UNKNOWN FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE UNKNOWN PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, FOR: ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR UNKNOWN STORE; OR FOR THE PERFORMANCE OF THE PRODUCTS PURCHASED AT OUR UNKNOWN STORE; OR FOR THE CONDUCT OF UNKNOWN STORE USERS OR CONSUMERS (WHETHER ONLINE OR OFFLINE); OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF OUR UNKNOWN STORE, EVEN IF UNKNOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO OUR UNKNOWN STORE. YOUR ONLY REMEDY AGAINST UNKNOWN IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO OUR UNKNOWN STORE OR ANY CONTENT IS TO STOP USING OR ACCESSING OUR UNKNOWN STORE. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT UNKNOWN’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW. DISCLAIMER OF NO WARRANTY UNKNOWN PROVIDES ACCESS TO OUR UNKNOWN STORE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (1) UNKNOWN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT OUR UNKNOWN STORE IS ACCURATE, COMPLETE, OR CURRENT OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
DISPUTES
TITLE TRANSFER & RISK OF LOSS
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You agree that these Terms and any dispute between you and UNKNOWN shall be governed in all respects by New Mexico law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
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Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to our UNKNOWN Store (including but not limited to the purchase of UNKNOWN products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Valencia County, New Mexico, USA.
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You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Valencia County, New Mexico, USA.
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All claims shall be brought within one (1) month after the claim arises, except to the extent a longer period is required by applicable law.
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RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY
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UNKNOWN may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
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UNKNOWN's failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or UNKNOWN’s rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply.
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If any court or relevant authority decides that any provision of these Terms is invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
PRICE/PAYMENT
PAYMENT METHODS
We accept several payment methods at checkout at our UNKNOWN Store. You can find the list of acceptable payment methods at Digital Stores in our checkout. Please do not try to pay using any payment method not posted at our Unknown store. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action.
PAYMENT PROCESSING
With the exception of built-to-order products (e.g. pre-order products and customized products) (“UNKNOWN By You”), if you pay by credit or debit card, we will pre-authorize and hold the amount due when you place an order. Once your order ships, we will deduct the pre-authorized amount from your account.
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Prices are quoted and exclusively payable in US dollars.
The prices of the products will be as displayed in our UNKNOWN Store. Prices may change from time to time, but changes will not affect any order that we have confirmed in an Order Confirmation.
YOUR TOTAL PRICE
The total price specified in the final checkout screen on our Digital Store includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the Order Confirmation for Digital Store orders, which we recommend you print or download for future reference. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement in your local currency. If your local currency is not in US dollars, your bank or credit card issuer will apply an exchange rate and any fees according to terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control.
DELIVERY - WHERE AND WHEN
​We do not ship on certain public holidays. We can only fulfill an order to a valid delivery address, which is a home or office address in the United States or other foreign territories.
RETURNS & CANCELLATIONS
We do not offer returns, however, cancellations can happen if you contact us on our contact page.
EVENT OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(1) We will provide notice to you as soon as reasonably possible; and
(2) Our obligations under these general conditions will be suspended, and the time for performance of our obligations will be extended during the time needed for the resolution of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.