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TERMS OF USE
Mugsy provides website features to you subject to the following terms and conditions (“Terms”). If you visit or shop at Mugsy, you accept these Terms. Please read them carefully.
Site Contents
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Mugsy. The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties. Mugsy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Risk of Loss
All items purchased from Mugsy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Information and Availability
Mugsy attempts to be as accurate as possible. However, Mugsy does not warrant that product descriptions or other content of this Site are accurate. In addition, the actual colors you see will depend on your monitor and may not be accurate. We apologize for any inconvenience this may cause you. If a product offered by Mugsy itself is not as described, you may return it in its original condition. Please see our return policy. Product availability is not guaranteed. If a product is not available when your order processes we will notify you by email as soon as reasonably possible.
Pricing
Despite our best efforts, items on our Site may occasionally be mispriced. Mugsy shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Mugsy shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, Mugsy shall promptly credit the credit card account in the amount of the incorrect price.
Severability
If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. Further, headings and titles are inserted solely for convenience and are not to be considered when interpreting the Terms or Privacy Policy.
International Shipments; Customs, Tariffs, Taxes, and Duties
Mugsy is not responsible for, and cannot guarantee that you will or will not be charged, any customs, taxes, or duties on purchases from the Site that will be shipped to countries other than the United States. Any customs or import duties are charged once the parcel reaches its destination country, and these charges must be paid by the recipient of the parcel. Please consider such charges prior to making your international purchase.
Term; Termination
These Terms are effective unless and until terminated by Mugsy. Mugsy may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Contents and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Mugsy shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual’s right to access or use the Site or any portion thereof.
Notice
Mugsy may deliver notice to you by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail.
Disclaimer, Limitation of Liability and Indemnity
Except as otherwise expressly provided, this Site, all contents and all products and services are provided on an ‘as is’ basis. Mugsy disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantibility and fitness for a particular purpose. Mugsy does not warrant that your use of this Site will be uninterrupted or error free, or that this Site or its server are free of viruses or other harmful elements. Although Mugsy endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this Site. Your use of the Site is at your own risk. Neither Mugsy nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this Site, or any information or materials provided on the Site. Mugsy is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site or any materials on the Site, or with any of Mugsy’s Terms, your sole and exclusive remedy is to discontinue using the Site. You agree to indemnify, defend and hold harmless Mugsy, its members, shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting or arising out of your breach of any of these terms.
Applicable Law
By visiting Mugsy, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Mugsy.
Giveaways & Raffles
Mugsy will hold giveaways and/or raffles of product from time to time ("Giveaway(s)"). Mugsy holds such Giveaways in good faith and with the intention of rewarding a qualifying person with free product. Giveaway winners will be announced in an email distributed by Mugsy, on social media or on the Site, and the winners are responsible for reaching out to Mugsy by sending an email to team@mugsyjeans.com to claim their reward within 24 hours of the announcement.
Referrals
Mugsy may offer rewards in exchange for referring first-time customers ("Referral Program"). Rewards will only be distributed for referrals of new customers (i.e., customers that have never before made a purchase via our website) upon the referee's first purchase via our website. Amount of rewards shall never exceed $100. All terms of our Referral Program are subject to change at the sole discretion of Mugsy at any time.
Discounts, Promotions, Coupons & Offer Terms
Mugsy may offer discounts, promotions, coupons, etc. (“Offers”) from time to time. Unless stated otherwise, all Offers: 1) Expire within 24 hours, 2) Are valid for a one-time use, 3) Do not apply toward sales tax, shipping & handling, 4) Are not valid toward previous purchases, cash or gift cards, 5) May not be combined with any other Offers, 6) Are void if altered, copied, transferred, auctioned or sold, and 7) Have cash value 1/10¢. Other restrictions may apply and Mugsy reserves the right to alter Offer terms on a case-by-case basis.
Mobile Message Service Terms and Condition
Your use of the mobile message services (the “Mobile Service”) constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Mobile Service may provide updates, alerts, and information (e.g., order updates, account alerts, etc.) and/or promotions, specials, and other marketing offers (e.g., cart reminders) from Mugsy via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Reply to any mobile message from Mugsy with the single keyword command STOP to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Mugsy mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Mobile Service support or assistance, email our customer support at team@mugsyjeans.com.
We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Mobile Service or from you providing us with a phone number that is not your own.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.
Data obtained from you in connection with any Mobile Service may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.
