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Terms & Conditions
PLEASE NOTE: The terms and conditions listed below are for consumer (or “individual”) customers only.
If you have a wholesale account, please click here to review your terms and conditions.
All sales made by Alternative ("Seller") to you ("Customer") are governed by these
Terms and Conditions of Sale unless otherwise indicated by Alternative in writing.
PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT
PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE
BY THEM. ALTERNATIVE RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS
OF SALE AT ANY TIME AT ITS SOLE DISCRETION.
Sale is Contingent on Customer’s Acceptance of Terms and Conditions.
Seller shall not accept Customer’s purchase orders unless and until Customer consents to these Terms
and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede
the terms and conditions of Customer's purchase order(s) and will govern all transactions between
Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless
modified in writing signed by Seller and Customer.
Payment Terms
Seller accepts Visa, Mastercard or American Express. Credit card orders in excess
of $2,000 will be charged before shipment.
Shipping
Customer is responsible for all shipping and freight charges, FOB Seller’s warehouse.
Customs' brokerage for international orders is Customer’s sole responsibility. Orders
received prior to 4:00 PM (Eastern Standard Time) will be shipped same day, subject
to availability. Inventory will fluctuate on seasonal items. Orders are normally
shipped by UPS or Federal Express. Seller will not be responsible for shipping delays caused
by a carrier. Shipping charges may be billed separately on credit card orders.
Customer must notify Seller at time of purchase if a signature is required for residential
deliveries. Seller is not liable for any lost or stolen goods that are delivered
to a residence without requiring a signature.
When the Customer chooses "ship my items as soon as they become available" at time of checkout,
and a mixture of in-stock and backordered items have been ordered, Alternative will ship twice
on a single order. The first shipment will consist of in-stock times available at the time the
order is placed. The second shipment will not occur until all backordered line items are in stock.
Freight is complimentary on backordered items.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller
in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages
resulting from late delivery or any defect in the merchandise discovered by Customer, including,
without limitation, claims related to shortages, quality, or specification. Seller shall not be
responsible for shortages when shipments are directed to a third party other than Customer.
UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED
OR MODIFIED IN ANY MANNER (DYED, PRINTED, EMBROIDERED, RELABELED OR THE LIKE). Seller shall not
be responsible for fallout or loss which occurs during the garment dye process. Seller urges Customer
to periodically test the merchandise for dyability, printability and other decoration techniques.
Returns and Cancellations
Authorized returns and exchanges must be postmarked within 45 days after Customer’s receipt of merchandise.
All sales are final on discontinued and/or sale items; Seller will not accept returns on these
items under any circumstance.
All sales are final on sale items; returns are not accepted on sale items under any circumstances.
Customer will receive a credit posted to account for any such return once it is received and checked
in by Seller's warehouse. Please allow 5 to 7 business days for credit posting.
Obtaining Return Authorization
In each shipment, a "Return Form" and pre-paid return form is provided for Customer’s convenience.
Send your return to us via USPS to the following address:
Alternative®
ATTN: Returns Department
1650 Indian Brook Way, Suite 500
Norcross, GA 30093
Customer Acceptance of Late or Defective Merchandise
Customer’s failure to provide written notice of a claim, as set forth in these Terms
and Conditions of Sale, shall constitute a waiver of any claim Customer may have
for damages resulting from such defects, including late delivery.
Prices, Quantities, Styles, Colors
Prices are subject to change without notice. All merchandise will be shipped at
the prices in effect at the time of shipping. Alternative reserves the right, at
its sole discretion, to change or discontinue styles, colors, sizes or fabrics.
All orders are subject to availability.
Promotional Codes, Coupons, Discounts
Discounts can not be combined with any other promotional offer at time of redemption,
nor can they be applied to previous purchases or gift certificates. Discount does
not apply to tax, shipping and handling, or similar processing charges. Original
discount amount will be deducted from the value of all returned items purchased
with a discount at time of purchase (e.g. promotional codes, coupons, etc.).
DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK
MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR
PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL
TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE
SOLD BY SELLER.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH
RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.
No Liability for Outside Vendors
Seller shall not be liable for any work performed by any third party vendor referred
by Seller and hereby waives any right to assert any claim against Seller for work
performed by any other third party or vendor, including but not limited to claims
for negligent referral, agency, or respondent superior.
Jurisdiction/Governing Law
Seller is headquartered in the State of Georgia, United States of America. These
Terms and Conditions of Sale shall be governed by and interpreted under the laws of the
State of Georgia (without regard to its conflicts of laws principles) and the federal laws
of the United States of America. If any provision of these Terms and Conditions of Sale
is found to be invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these Terms and Use,
which shall remain in full force and effect.
Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any
way relating to these Terms and Conditions of Sale, resides in the courts of the State of Georgia
and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts
of the State of Georgia in connection with any such dispute including any claim involving the
merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.
Force Majeure
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation
hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism,
disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence
beyond the party's control, making it impossible, illegal, or commercially impracticable for one or
both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
USE OF MATERIALS LOCATED ON THIS SITE:
COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this website (including but not limited to articles, photographs, images,
illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled
by Alternative or the party credited as the provider of the material. The entire contents of this website
are also copyrighted as a collective work under the United States copyright laws, and the selection,
coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by
all copyright notices and other restrictions contained in any material accessed through the website. No
material from this website or any website owned, operated, licensed, or controlled by Alternative may be
copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that
you may download one copy of the materials on any single computer for your personal, noncommercial home
use, and may print one hard copy of the material on this website for your personal, noncommercial use,
provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not
acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials
or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective
owners' copyrights and other proprietary rights. The use of any such material on any other website or networked
computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to Alternative or the other designated owner
of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied
or imitated in whole or in part.
Miscellaneous
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding
any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or
provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of
or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience
only and have no legal or contractual effect.
Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions of Sale.
Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to
contactus@alternativeapparel.com or by standard mail to Seller at the following address:
Alternative®
ATTN: Customer Service
1650 Indian Brook Way, Suite 500
Norcross, GA 30093
USER GENERATED CONTENT
Alternative does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content")
that you post on or through the Alternative Website. After posting your Content to the Alternative Website, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.
By displaying or publishing ("posting") any Content on or through the Alternative Website, you hereby grant to Alternative a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce,
and distribute such Content solely on or through the Alternative Website, including without limitation distributing part or all of the Alternative Website in any media formats and through any media channels, except Content
marked “private” will not be distributed outside the Alternative Website. This limited license does not grant Alternative the right to sell or otherwise distribute your Content outside of the Alternative Website. After you
remove your Content from the Alternative Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the
Alternative Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Alternative Website as soon as practicable after you make the change.
If at any time you wish to remove your submitted Content from this site, please email jarod@alternativeapparel.com.
The license you grant to Alternative is non-exclusive (meaning you are free to license your Content to anyone else in addition to Alternative), fully-paid and royalty-free (meaning that Alternative is not required to pay you
for the use on the Alternative Website of the Content that you post), sublicensable (so that Alternative is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers
to provide the Alternative Website), and worldwide (because the Internet and the Alternative Website are global in reach).
You represent and warrant that: (i) you own the Content posted by you on or through the Alternative Website or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on
or through the Alternative Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing
any person or entity by reason of any Content posted by you on or through the Alternative Website.
The Alternative Website contain Content of Alternative ("Alternative Content"). Alternative Content is protected by copyright, trademark, patent, trade secret and other laws, and Alternative owns and retains all rights in the
Alternative Content and the Alternative Website. Alternative hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Alternative Content (excluding any software code) solely for your personal
use in connection with viewing the Alternative Website and using the Alternative Website.
The Alternative Website contains Content of Users and other Alternative licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell
any Content appearing on or through the Alternative Website.
Alternative performs technical functions necessary to offer the Alternative Website, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Alternative Website.
Alternative may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Alternative violates this Agreement or which may be offensive, illegal or violate the rights of any
person or entity, or harm or threaten the safety of any person or entity. Alternative assumes no responsibility for monitoring the Alternative Website for inappropriate Content or conduct. If at any time Alternative chooses,
in its sole discretion, to monitor the Alternative Website, Alternative nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the
User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Alternative Website, and any material or information that you transmit to other Members and for your interactions with other Users.
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