Terms and Conditions
These terms and conditions ("Terms", "Agreement") are an agreement between Something Else ("Something Else", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the mothflower.com website and any of its products or services (collectively, "Website" or "Services").
1. Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
2. Returns & Refunds
You can return your purchase made in our online store, within a period of 15 days from the date of receipt of the package, and for a refund within a period of 5 business days from the date of receipt of the package. The shipping cost must be covered by the buyer.
If an item does not meet customer expectation or requirements, then the customer must contact us by email within 15 working days beginning the day after the goods have been received. Within this 15-day period, the customer has the right to request resolution of any issue, to notify us that you would like to make a return or to cancel an order. In the event that a customer wishes to return an item, the customer will be expected to cover all the costs involved in packing and shipping the item to the same standard it was sent to them. We strongly recommend that customers take extra care in unpacking artwork in case they need to reuse these materials in the event of a return. If you are returning an item, you must do so within 15 days of your notifying us. Refunds, excluding our administration fees, will be made promptly upon return of artworks received in good order.
Damages in Transit: The customer must notify Something Else within 24 hours of receipt if the work was damaged during transit. The customer must provide sufficient photo evidence of any damages to the work. Failure on the part of the customer to provide Something Else with documentary evidence of such damages within 24 hours of receipt will result in our being unable to provide a refund for this reason. If the customer has provided Something Else with sufficient evidence of damage within this timeframe, we will agree to grant a full refund, excluding the non-refundable administration fee.
3. EXCHANGE AND GUARANTEE POLICY
Changes of size or certain items can be made through Customer Service by email on clothing items, within 15 days from the date of receipt of the package. You can choose an item of the same value, if it is of higher value, the customer gives the surplus of the money. For exchanges and returns, the customer assumes the value of the shipment.
4. WE DO NOT ACCEPT EXCHANGES OR RETURNS IN THE FOLLOWING CASES .
We do not accept exchanges or returns for art pieces. If a garment shows any signs of wear, bad smell, sweating, makeup, etc. If the garments have been damaged by misuse or neglect (exposure to chemicals, high heat, sharp objects, etc.). Due to bad washing or a different wash than the one required by the garment. For example, mixing a white garment with a colored garment or soaking a garment that is subjected to a dyeing process etc.
Promotional apparel and socks are unchangeable. Products damaged from normal wear and tear or that have exceeded the reasonable life of the product will not be replaced.
5. AVAILABILITY OF GARMENTS
Our website is regularly updated with the availability of all references and sizes; however, inventory errors may occur and the garment you purchased may no longer available. In this case, we will notify you via email and we will give you the option to choose another product or to receive a refund of your money.
6. Shipping:
After a purchase has been made, we will contact you promptly regarding shipping arrangements and invoice you separately for the shipping costs. Delivery/Shipping/Courier costs will vary. Please be aware that when items are shipped across international borders, they are subject to duties and taxes as determined by customs in the destination country. Unless otherwise agreed, we will have your item shipped to you within 30 business days of purchase.
7. Accuracy of information:
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
8. Backups
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
9. Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Something Else will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
10. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11. Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Something Else or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Something Else. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Something Else or Something Else licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Something Else or third-party trademarks.
12. Disclaimer of warranty
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
13. Limitation of liability
To the fullest extent permitted by applicable law, in no event will Something Else, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Something Else has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Something Else and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one pound or any amounts actually paid in cash by you to Something Else for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
14. Indemnification
You agree to indemnify and hold Something Else and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
15. Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
16. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of London, United Kingdom without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in London, United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
17. Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
18. Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
19. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
Contacting us:
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to somethingelsespace@gmail.com.