- How do you collect information?
CHNGE collects personal information about you when you interact with our Site, including when you create an account, join our mailing list, or make a purchase. The information we may collect includes:
- first and last name;
- email address;
- physical address;
- clothing size and information about your clothing preferences;
- items you are seeking to purchase;
If you make a purchase through our Site, our third-party payment processor service providers may also collect billing information, such as your first and last name, email address, phone number, credit card or debit card number, and billing and shipping addresses.
- What do you do with that information?
CHNGE may use the personal information it collects about you for a number of purposes, including to:
- facilitate your shopping experience and transactions, including processing and fulfilling purchases, communicating about orders and their status, and personalizing the customer experience where possible;
- offer you information, recommendations, and promotional material about the products and services you see on our Site;
- analyze the performance and functioning of our Sites;
- target and send you marketing and promotional materials and other information that may be of interest to you.
If you decide at any time that you no longer wish to receive marketing and promotional materials from us, please follow the unsubscribe instructions provided in any of the communications you receive from us. You may also contact us at firstname.lastname@example.org at any time.
- How can I modify or delete my personal information?
- You can request that we review, modify, and delete your personal account information by contacting us or by making edits via the "My Accounts" section of the Site. If you request that we delete your personal information, your account may become deactivated. If you would like us to modify or delete your account information, please contact us at email@example.com with a request that we delete your personal information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
- What about cookies? What are cookies?
Most browsers accept cookies automatically. You may be able to set your browser to reject and/or delete cookies. For instructions, check your browser’s technical information. However, if you reject or delete cookies then this may disable features of the CHNGE Site or other websites you visit. We recommend that you leave cookies “turned on” so we can offer you a better shopping experience on our Site.
TERMS AND CONDITIONS
- What are your terms and services?
Welcome to the CHNGE web site located at www.chnge.com (“the Site”). CHNGE provides this Site as a service to our customers. Please read the following terms of service ("Terms") as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site and our services and content are collectively called the “Services.”
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please kindly do not use the Services.
We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
- Who may use your services?
You may use the Services only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Services under applicable law. By using the Services, you represent and warrant that you are 18 years or older.
If you want to use certain features of the Services, including purchasing products online, you’ll have to create an account (“Account”) via the Site and provide your name and email address. Creation of your Account on our Site will enable you to use the features available on our Site.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
- Order Confirmation
We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.
- Shipment Confirmation and Delivery
All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We will not be held liable for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.
The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.
By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.
- Cancellation, Return and Exchange Policies
Cancellation, return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges are non-refundable.
- Product Information
- Most Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service: firstname.lastname@example.org
- Errors, Inaccuracies and Omissions
We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.
- Colors & Style
We have made every effort to display as accurately as possible the colors and styles of Products that appear on the Services. We cannot guarantee that your computer monitor's display of any color or style will be accurate. Cancellation of Orders: We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user's conduct violates applicable law or is harmful to our interests.'
- Warranty Disclaimers
Your use of the Services and Content and your purchase of Products are at your sole risk. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED "AS IS" without warranty of any kind. Without limiting the foregoing, CHNGE EXPLICITY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Products will meet your requirements or that the Services will be available on an uninterrupted, secure, or error-free basis. Bonobos makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including but not limited to the availability and/or pricing of Products sold via the Services. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.
You agree to indemnify, defend, and hold harmless CHNGE, its affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of or related to or in connection with your violation of these Terms.
- Limitation of Liability
IN NO EVENT SHALL CHNGE, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER party involved in creating, producing, or delivering the services or content BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with THESE TERMS, PRODUCTS or the use OF or inability to use the ServiceS, WHETHER based on warranty, CONTRACT OR TORT (WHERE THE LEVEL OF CULPABILITY REQUIRES A NEGLIGENCE STANDARD), whether or not BONOBOS OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event will CHNGE’s total liability arising out of or in connection with THE USE OF OR INABILITY TO USE the ServiceS or Site content EXCEED THE AMOUNTS YOU HAVE PAID TO BONOBOS IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILTY, IF ANY, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CHNGE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHNGE AND YOU.
- International Use
We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that Content on the Services is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.
Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.
- Governing Law
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
- Dispute Resolution
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND CHNGE WILL BE GOVERNED BY THE ARBITRATION AGREEMENT AND HANDLED ON AN INDIVIDUAL, NON-CLASS BASIS, AS SET FORTH BELOW.
We want to address your concerns without the need to initiate a formal legal case. In the event of a dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services or Content (collectively, a “Dispute”), you and CHNGE agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to CHNGE at email@example.com. We will contact you via email at the address specified in any such notice or the address we have on file for your Account. You and CHNGE agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or Bonobos may resort to the other alternatives described in this section.
In the event that any Dispute is unresolved through informal discussions within thirty (30) days as described above, you and CHNGE agree to resolve such Dispute through final and binding arbitration, except as set forth under “Exceptions to Agreement” to Arbitrate below.
You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within thirty (30) days of your first use of the Site and stating that you decline this arbitration agreement. If you have an account on the Site, the opt-out notice must include the email address we have on file for that account.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, unless you and CHNGE otherwise agree in writing. For residents outside the United States, arbitration shall be held in New York, New York and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York.
If your or CHNGE’s claim does not exceed $10,000 and does not include a request for any type of equitable remedy, the arbitration will be conducted solely on the basis of the documents that you and Bonobos submit to the arbitrator, unless the party bringing the claim requests a hearing or the arbitrator determines that a hearing is necessary. If your or CHNGE’s claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
CHNGE will pay all filing and arbitration fees for claims of less than $75,000 unless the arbitrator determines that a claim is frivolous or was brought for an improper purpose. You are responsible for any other costs that you may incur in the arbitration, including but not limited to attorney's fees and expert witness costs, unless CHNGE is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Notwithstanding the foregoing, either you or CHNGE may assert claims, if they qualify, in small claims court in New York or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or Content or actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff of, or participate as part of, any purported class, joint, consolidated or representative action. Further, unless you and CHNGE otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, joint, consolidated or representative proceeding.
If any court or arbitrator determines that the class, joint, consolidated or representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, joint, consolidated or representative basis, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in the appropriate federal or state court in New York, New York. Both you and CHNGE consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Any claim or cause of action you may have with respect to CHNGE, these Terms, the Content, the Services or any Products must be commenced within one (1) year after the claim or cause of action arose.