Last Updated: January 30, 2023
Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the Energie® Clothing, Jeans, Shorts website at energieclothing.shop (the “Site”) and any related services provided by Energie® Clothing, Jeans, Shorts (“Energie®”, “we” “us” or “our”).
Please read these Terms carefully before using our Site or services. By accessing the Site or using any services you agree to be bound by these Terms, including any modifications made to them from time to time. If you do not agree to all of these Terms, do not access or use the Site or any services.
We may update these Terms at any time without prior notice by posting the modified Terms on the Site. Your continued use of the Site means you accept the updated Terms. You should check this page regularly to read the current version.
Use of Website
Personal and Non-Commercial Use. The Site and services are for your own personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any information or content displayed on the Site.
Accurate Information. You agree to provide true, accurate, current and complete information about yourself while registering on the Site and when you use our services. You also agree to keep your information updated and promptly notify us if there are any changes.
Lawful Use. You agree to use the Site and services only for lawful purposes and that you are responsible for your use of the Site and services. You agree comply with all applicable laws, rules and regulations when using the Site or any services.
Prohibited Conduct. You agree not to:
- Use the Site or services for any illegal or unauthorized purpose
- Impersonate any person or entity or provide false information about yourself to us
- Stalk, threaten, or otherwise harass any person, incite violence or violate intellectual property rights
- Use the Site to transmit any viruses, malware, junk communications or chain letters
- Damage, disable or impair the Site or any networks connected to the Site
- Reproduce, modify, adapt, translate, create derivative works from, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any part of the Site or any content displayed on the Site except as expressly authorized under these Terms
Risk of Loss. You agree that you are fully assuming any risks associated with the use of the Site and services. You are solely responsible for safeguarding any password or account information and comply with our security recommendations.
Purchases
Order Acceptance. Your order constitutes an offer to Energie® to purchase a product or service. All orders must be accepted by us or we will not be obligated to sell the product or service to you. We may choose not to accept any orders in our sole discretion.
Prices and Payment. All prices for products and services are subject to change at any time without notice. The price will be as quoted on the Site at the time you place an order. Price increases will only apply to orders placed after such changes. All orders must be prepaid in full. Your chosen payment method, such as valid credit card, will be charged at the time you place your order.
Taxes. You are responsible for any applicable federal, state or local taxes that will be added to your total purchase price.
Shipping Policy. We will arrange for shipment of any products to you at the address you provided during the order process. Please check the Site for up-to-date information on shipping methods and estimated delivery timelines, which may depend on product availability and your location. We reserve the right to provide delivery in any manner we choose depending on product and circumstances. Shipping and delivery dates given on the Site are estimates only and are not guaranteed. We are not liable for any delays in shipment. You may be charged additional shipping fees if packages are returned or rerouted because of inaccurate or incomplete address information.
Returns and Exchanges. Please check the Site to determine if products you purchase may be returned or exchanged. Requirements and restrictions will be specified if returns or exchanges are allowed. You may need to obtain preauthorization and pay any shipping or other fees before sending any items back. Items must be returned in original condition with tags and labels still attached. We reserve the right to reject any returns or exchanges we deem unauthorized or otherwise inappropriate.
Gift Cards and Promotional Offers. Any gift cards or promotional offers we issue may be subject to additional terms and conditions associated with the offer. Gift cards and promotional offers may not be returned or exchanged unless required by law. Any unused balances after a promotional period ends may be forfeited.
Inventory. We do our best to provide current and accurate availability information on the Site for products and services, but we do not guarantee that any product or service will be available or that we will have sufficient quantities to fulfill orders. If we cannot fulfill your order due to insufficient inventory or because an item is discontinued, we reserve the right to cancel the order or provide a replacement product that is materially the same as the item ordered.
Accounts and Security
Account Registration. You may need to register for an account to place orders or access certain services. You agree to provide true and accurate registration information about yourself.
Account Access. You are responsible for maintaining the confidentiality of any usernames and passwords associated with your account. You may not share your credentials with any third parties. You must immediately notify us of any unauthorized use of your account.
Account Suspension or Termination. We reserve the right to suspend or terminate your account if you provide false, inaccurate or incomplete information, violate these Terms, or engage in behaviors that violate other applicable laws, policies or regulations. You will be notified before we take action.
User Content
Posting Content. The Site may allow you to upload or post content that can be viewed by others, including comments, reviews, photos, videos, etc. You agree that you will not post any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of privacy rights, hateful or racially/ethnically motivated.
Ownership of Content. You retain ownership and responsibility for any content you post. By submitting content, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to reproduce, modify, adapt, publish, translate, distribute and otherwise commercialize your content in any media worldwide.
Removal of Content. You acknowledge that we are not obligated to store or backup any content submitted by you. We reserve the right to remove or modify any content posted for any reason without notice. Content you submit may continue to be publicly available on cached versions of the Site after removal from the live site.
Intellectual Property
Ownership. The Site contains intellectual property owned by Energie®, including trademarks, copyrights, proprietary information and other intellectual property. You may not use our intellectual property for any purpose without our express written consent.
Notice of Infringement. If you believe any content on the Site infringes your copyright rights, you may request removal of the infringing materials by submitting a notice to [email protected]. The notice must contain the following information:
- Identification of the copyrighted work claimed to have been infringed, including a description, title, etc.
- Identification of the infringing material and information reasonably sufficient to permit us to locate the material on the Site, such as URL links to the affected pages
- Your contact information including full name, mailing address and phone number
- A statement that you have a good faith belief the material is not authorized and the use is infringing
- A statement you are the rights holder or authorized to act on the rights holder’s behalf
- A statement that the information provided is true and accurate under penalty of perjury
We reserve the right to suspend or terminate accounts of repeat copyright infringers. For more information on submitting notices, see the U.S. Copyright Office guide: https://www.copyright.gov/dmca-directory/
Disclaimers and Limitations
Medical Information Disclaimer. The Site may contain general information about medical conditions, treatments, products and services, but this content is provided for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or treatment options. Never disregard professional medical advice or delay seeking treatment because of information provided on the Site.
No Professional Advice. Information provided on the Site does not establish an advisory or fiduciary relationship between you and Energie®. You acknowledge that any reliance on material provided on the Site is at your own risk.
Accuracy of Information. We make reasonable efforts to provide current and accurate information on the Site, but we do not guarantee the accuracy, completeness or timeliness of any information provided. Information on the Site may contain inaccuracies, errors and omissions.
Goods and Services Disclaimer. We make reasonable efforts to accurately describe the products and services offered on the Site. However, we do not warrant that product descriptions or other Site content is complete, reliable, accurate or error-free. The quality of goods or services purchased or obtained through the Site is solely the responsibility of the manufacturer or service provider. We are not liable for any loss, injury or damages that may result from use of goods or services advertised or provided on the Site.
Limitations of Liability. IN NO EVENT WILL ENERGIE®, ITS AFFILIATES, SUBSIDIARIES OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE, ANY CONTENT OR SERVICES. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. You agree to indemnify, defend and hold harmless Energie® and its subsidiaries, affiliates and their respective owners, officers, directors, employees, agents, licensors, representatives and third party providers from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site or services, (ii) your violation of these Terms or (iii) your violation of applicable laws, rules or regulations.
Statute of Limitations. You agree that any cause of action arising from or relating to your access or use of the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Class Action Waiver. Any disputes arising from your use of the Site or these Terms must be resolved through binding individual arbitration. You are waiving your right to participate as a class representative or class member in a class action lawsuit against Energie®, its affiliates, subsidiaries or service providers.
Governing Law and Venue. These Terms and your use of the Site will be governed by the laws of the State of California without regard to conflict of law principles. Any disputes relating to these Terms or the Site will be resolved exclusively in the federal or state courts located in Los Angeles, California.
Severability. If any provision of these Terms is found invalid, illegal or unenforceable, the remaining provisions will remain in effect and will be construed as if the invalid, illegal or unenforceable provision was not included.
Changes to the Terms
We reserve the right to modify these Terms from time to time. Updated versions will be posted on the Site with the “Last Updated” date changed. Changes take effect immediately when posted. Your continued use of the Site indicates you agree to the revised Terms.
You are expected to check this page from time to time so you are aware of any changes. We will provide reasonable advance notice for major changes via site notification or email to the address associated with your account.
Contact Us
If you have any questions about these Terms or the Site, please contact us at:
Energie® Clothing, Jeans, Shorts
123 Main St.
Anytown, USA
Email: [email protected]