Terms & Conditions
Last updated July 4, 2015
Welcome to shopethica.com, an online boutique offering a curated selection of ethical and sustainable fashion.
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY THESE CONDITIONS, EFFECTIVE IMMEDIATELY. IF YOU DO NOT AGREE TO THESE CONDITIONS, PLEASE DO NOT USE THIS SITE.
User's Acknowledgment and Acceptance of Terms
Ethica, LLC (referred to as ”Ethica” “us” “we” or “our”) provides the shopethica.com website (the “Site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (collectively, the “Conditions”). In addition, users shall be subject to any posted guidelines, policies, or rules that may contain terms and conditions in addition to those in these Conditions. Any such guidelines, policies, or rules are hereby incorporated by reference into these Conditions.
We reserve the right to change these Conditions from time to time without notice to you, and it is your responsibility to review this Site and these Conditions periodically to be aware of modifications. Your continued use of this Site after any modifications will constitute your acknowledgement and agreement to abide and be bound by the modified Conditions.
As used in these Conditions, references to our “Affiliates” include our owners, subsidiaries, employees, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
Use of Site
You may access and use the Site solely for your personal use in accordance with these Conditions. You agree not to access or use the Site in any manner that is prohibited by these Conditions or is otherwise unlawful. We reserve the right in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason at all), and you agree that if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site.
For purposes of these Conditions, “content” is defined as any information, text, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. All content presented to you on this site, including the selection and arrangement of the content, is owned by, or licensed to Ethica, our affiliates, or our suppliers and protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider. All use must be accompanied by attribution and a link to the source of the content. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.
You may create a link to our website, provided that you follow the following guidelines. Unless otherwise approved in writing by an authorized Ethica representative, the link to the Site must be in plain text, not damage, dilute or tarnish the goodwill associated with Ethica and/or our intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with us. You may not “frame” this website or alter its intellectual property or material in any other way. You may not link to the website from a site that it unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right in our sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that we deem to be inappropriate or inconsistent with Ethica’s purpose and/or these Conditions.
We are not responsible for the content or performance of any website which may link to this Site or from which this Site may be accessed. Please inform us of any errors or inappropriate material found on websites to which this Site is or may be linked.
Except as expressly permitted above, you agree not to, without first obtaining our express written permission, (a) distribute (including via e-mail), or otherwise make available, copies of any Content to anyone, (b) republish the Content on the Internet or any intranet or extranet site or incorporate the Content in any database, file, compilation, or archive, (c) reproduce, adapt, distribute, or display any Content, in each instance except to the extent required for the limited purpose of viewing material on the Site, (d) alter or remove any trademark, copyright or any other notice contained in any Content, (e) use Content for any commercial purposes, (f) use any of our trademarks as metatags on other web sites, and/or (g) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others.
To place an order with Ethica, you have the option of registering and creating an account. The decision to provide any personal information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to complete a purchase transaction. When you provide information to us, you agree to provide only true, accurate, current and complete information.
If you create an account you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for monitoring your computer so that others may not access your account.
We have made every effort to display as accurately as possible the colors of the products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
While we try to be as accurate as possible in our product descriptions, because many of the brands we carry on our Site offer products that are handmade (one-of-a-kind), and/or upcycled (a process of converting waste or useless materials into new products of better quality or for better environmental value), we do not guarantee that the product picture on the Site will be an exact match with the item you receive. Please refer to our Return Policy for what to do if you receive an item you are not satisfied with.
Our Ethical Promise
At Ethica we are dedicated to promoting designers and brands that are doing their best to take ecologically and/or socially responsible measures in the production and transportation of their products. Because of this mission, none of the items we sell are made in sweatshops and all of the designers we carry ensure their products are made under fair working conditions and in small batches (meaning lower carbon emissions). However, because we have to take the brands at their word (we also conduct substantial background research on all brands we carry), we are not responsible for any unreported or misrepresented practices, and are unable to provide a 100% guarantee about the ethical practices of any brand. For more information about our ethical standards and how we make the decision to carry a brand or designer please see the F.A.Q. page. We also list specific information about the ethical component(s) of each item on the “Why It’s Ethical Tab” available on the product description page.
Typographical Errors, Inaccuracies, and Omissions and Cancellation of Orders
In the event that information on our Site contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability, we reserve the right to correct such errors, inaccuracies or omissions and to change or update information. In addition, we reserve the right to refuse or cancel orders if any information on the Site is inaccurate, at any time and without prior notice (including after an order has been submitted). If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge.
In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. These sites may contain information or material that some people find inappropriate or offensive. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor does the inclusion of such a link or reference imply endorsement of, or association with, the other site or party by Us, or any warranty of any kind, either express or implied. Nonetheless, Ethica seeks to protect the integrity of our Site and the links provided on it and therefore we accept any feedback relating to linked sites, including if a specific link does not work.
Disclaimer of Warranties
TEMPORARY INTERRUPTIONS OF THE SERVICES AVAILABLE THROUGH THIS SITE MAY OCCUR AS NORMAL EVENTS AND WE HAVE NO CONTROL OVER THIRD-PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF USING THIS SITE, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND OUR CONTROL. THE MATERIALS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
ETHICA AND OUR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, losses, damages, costs, and expenses, including attorney fees, that arise from the use or misuse of this Site (including negligent or wrongful conduct). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Modifications to the Site
We may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability.
We may deliver notice to you by means of e-mail, a general notice on the Site, or by another reasonable method to an address provided by you to us.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, for any reason, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate your account and delete all related information.
User Comments, Feedback, and Other Submissions
Any comments, feedback, suggestions, ideas, and other disclosures (collectively, the “Comments”), submitted or offered to Ethica are provided and received on a non-confidential basis. Such offer or submission, of any Comments shall constitute an assignment to Ethica of all worldwide rights, titles, and interests and shall not be limited in any way in use, commercial or otherwise. Ethica is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
These Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of New York.
These Conditions constitute the entire agreement and an understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Conditions, these Conditions shall take precedence.
In any action to enforce these Conditions, the prevailing party will be entitled to costs and attorney fees. Any cause of action brought by you against us or our Affiliates arising out of or related to these Condition and/or the Site must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Conditions to any third-party, and any purported attempt to do so shall be null and void.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in the delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Conditions or related rights shall not constitute a waiver of that right or provision.
Ability to Accept Terms
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Conditions, and to abide by and comply with these Conditions.
If you have any questions, comments or concerns about this Site or these Terms and Conditions, you may contact us at: hello [at] shopethica.com (general questions, comments, feedback) or orders [at] shopethica.com (shipping/return/order questions or comments). You may also reach us by phone at (347) 507-0437 or by mail at Ethica LLC, 4615 Center Blvd., #204, Long Island City, NY 11109.
These Terms and Conditions are effective as of August 31, 2012.