TERMS OF USE:
These terms and conditions of use (the “terms”) set forth the terms on which (“Unscathed Soul”) provides you access to this web site (“Site”). You should read the terms carefully before using the site. By using the site, you acknowledge that you have read and that you agree to abide by the terms, including the privacy policy incorporated herein by reference. If at any time you no longer agree to be bound by these terms, you should immediately ceases use of this site.
DISCLAIMER
You expressly acknowledge that your use of this site is at your sole risk. Unscathed Soul is providing this site and its contents on an “as is, as available” basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, Stussy disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose – some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Stussy does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.
Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Unscathed Soul nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Stussy also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
TRADEMARKS
Unscathed Soul is a registered trademark in the United States. Unscathed Soul trademarks may not be used without the written permission of Unscathed Soul and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Unscathed Soul.
Any rights not expressly granted herein are reserved.
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Unscathed Soul, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Unscathed Soul, Inc.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Unscathed Soul. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Unscathed Soul copyright, trademark and other proprietary rights.
All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Unscathed Soul uses in connection with the Site shall remain the exclusive property of Unscathed Soul. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of Unscathed Soul. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.
COMMUNICATIONS PROVIDED BY USER
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Stussy or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Stussy is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Unscathed Soul and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Unscathed Soul and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
SITE CONTENTS
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Unscathed Soul and it is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Unscathed Soul is not responsible for webcasting or any other form of transmission received from any Linked Site. Unscathed Soul is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Unscathed Soul of the Linked Site or any association with its operators.
SHOPPING
Unscathed Soul does not guarantee, warrant or endorse any product or service not manufactured or performed by Unscathed Soul, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Unscathed Soul. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Stussy.
ORDER ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Unscathed Soul reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Upon submission of your order, you will receive a confirmation of receipt by email however, until you receive a shipping confirmation or, in the alternative, until the Products ordered are actually shipped.
Prior to sending such shipping confirmation, the COMPANY reserves the right to reject an order based on lack or limitation of availability of Products ordered.
ORDER PROCESSING
Orders placed on stussy.com are processed Monday–Friday 8:00am - 3:00pm PST and shipped within 3-7 business days. Excluding the weekend and major holidays. Once your order is processed and shipped, you will receive an email notification with your tracking information.
Disclaimer: Cancellation and address modification requests for orders placed on Friday-Sunday or non-business days will not be accepted.
FINAL SALE
All products and orders marked as “FINAL SALE” are not eligible for order cancellations, modifications, returns, or refunds
Free shipping thresholds are based off of product purchase price and do not include the sales tax where applicable.
NO PURCHASE FOR RESALE
You may place orders in our Online Shop only to the extent that you are a retail customer and not a wholesaler, distributor or any agent or representative of other business entities. By ordering merchandise, you agree that you are purchasing for personal use and not for resale. We reserve the right to refuse any orders without warning or explanation.
BULK PURCHASING
For orders purchased in bulk, Unscathed Soul reserves the right to refuse cancellation and return requests.
Free shipping is excluded for orders purchased in bulk. Unscathed Soul reserves the right to refuse cancellation, address updates, and return requests for such orders.
COLOR
We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
ORDER CANCELLATIONS
By clicking the button "Pay Now" you submit a legally binding offer. After clicking “Pay Now”, your order will be submitted and you will no longer be able to cancel or change your order.
After the submission of your order, you will receive an email confirmation. The order that you submit to us does not become binding upon Stussy, however, until you receive a shipping confirmation or, until the products ordered are shipped. Prior to sending your shipping confirmation, Stussy reserves the right to reject an order based on lack or limitation of availability of products ordered.
DELIVERY/ PARTIAL DELIVERIES
Unscathed Soul shall use its reasonable efforts to deliver the products to you by the agreed upon date, however, time shall not be of the essence. Except in cases of willful misconduct or gross negligence, we shall not be liable to you for delays in delivery or damage to the products while in transit. Unscathed Soul may, within its discretion cancel a customer’s order due to delays or shortages in supply. In this event, we will immediately inform you of the unavailability of the item and refund all payments, if any, previously rendered by you for the item and its delivery.
We are entitled to make partial deliveries of products ordered.
RETURNS
By using our returns portal All Unscathedsoul.com return submissions are reviewed for approval.
Items being returned must be in their original condition with the tags. Include the Unscathed Soul packing slip in your package to help us process your return. We only accept returns from purchases made on Unscathedsoul.com. Once your returned is delivered, allow 3-5 business days for inspection. Once inspected please allow 1-2 business days for your refund to be processed.
If abuse of returns is identified, Unscathed Soul reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision.
PRIVACY
Unscathed Soul agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors.
INDEMNIFICATION
You agree to defend, indemnify and hold Unscathed Soul harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
CHOICE OF LAW
The Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts in Orange County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Unscathed Soul as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Stussy with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Stussy with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TERMINATION
Unscathed Soul reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
SHIPPING
Lost or Stolen Packages: Unscathed Soul is not responsible for any lost or stolen shipments confirmed delivered by the courier. We advise you contact your payment provider. If your package does not arrive, please contact our customer service.
SPLIT DELIVERY
We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order.
U.S. SHIPPING:
We offer the following domestic shipping rates in the U.S. below:
Standard – $10
Free shipping in the U.S. for all orders over $65. Exclusions apply.
INTERNATIONAL SHIPPING:
Unscathedsoul.com does not ship to international countries.