URBAN NECESSITIES TERMS & CONDITIONS

Introduction

Welcome to URBANNECESSITIES.COM and co-braded versions of the website located at URLS that resolve to the domain name URBANNECESSITIES.COM (the “Website” or “Site”). As you have no doubt experienced with virtually all websites, your use of this Site is subject to certain terms and conditions of use (collectively “Terms”) set forth below. These terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE, AND/OR PLACING AN ORDER FROM THIS SITE, YOU ACCEPT THESE TERMS, THE URBAN NECESSITIES GIFT CARD GENERAL TERMS AND CONDITIONS (“GIFT CARD TERMS”), AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS, THE GIFT CARD TERMS, AND OUR PRIVACY POLICY. THIS INCLUDES WITHOUT LIMITATION, ACCEPTING THE TERMS RELATING TO BINDING ARBITRATION, WAIVER OF THE RIGHT TO CLASS ACTION, DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS AND NEVADA CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NO USE THE SITE, OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE.

These Terms constitute an agreement between you (hereinafter, “you” or “your”) on the one hand, and URBAN NECESSITIES LLC, a Nevada limited liability company with its principal address at 3680 S Maryland Parkway Ste 128, Las Vegas, NV 89169 (hereinafter, “us,” “our,” “we,” “URBAN NECESSITIES,” or the “Vendor”) on the other hand, in relation to your use of the Website or Mobile App, the goods/services offered and sold through this Website, and any orders you place through the Website (the “URBAN NECESSITIES Services”). Before you place an order, please carefully read these Terms, the Gift Card Terms and our Privacy Policy.

If you have any questions about the Terms, the Gift Card Terms, or the Privacy Policy, you may contact us via the contact information provided on our “Contact Us” webpage on the Site.

USE OF OUR WEBSITE

You agree that:

  • You may only use the website to make legitimate inquiries or orders.
  • You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
  •  You also agree to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information).
  • If you do not give us all information that we need, we may not be able to complete your order.
  • You will not attempt to interfere or interfere in any way with the Site’s network, of our networks, or related network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system.
  • You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.
  • You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, sate, national or international law of regulation.
  • By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

DISPUTES

These Terms will be construed and enforced under the laws of the State of Nevada. You agree that the state and federal courts in Clark County, Nevada shall be the exclusive forums for any dispute arising out of these Terms and the parties hereby consent to the personal jurisdiction of such courts and agree to waive any right to claim that Clark County, Nevada is an inconvenient forum. You agree that you will not file a class action, or participate in a class action against us.

SERVICE AVAILABILITY

Products offered through the Website are only available for delivery to residents of the United States, the United Kingdom, and to Canada.

HOW PURCHASE CONTRACTS ARE FORMED

No contract (“Contract”) in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the “Finalize Order” button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched during the checkout process (the “Shipment Confirmation”). We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

For all purchases made through the Site or the Mobile App, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.

AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.

REFUSAL OF ORDER

We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or Mobile App or for refusing to process or accept an order after we have sent you the Order Confirmation.

ALL SALES ARE FINAL

Since the majority of products we carry are provided on consignment from independent sellers, all sales with us are final. No refunds or exchanges will be permitted. If you are concerned about sizing for a particular style of shoe, please feel free to email us before your purchase. We will gladly provide you with the best information possible, but please note that comfort preferences vary for each person.

DELIVERY

Subject to the provisions of Availability of Products Clause above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 business days of the date of the Shipment Confirmation. Delivery to Alaska and Hawaii may take up to 20 business days of the Shipment Confirmation.

Reasons for delay could include:

  • Customization of products;
  • Specialized products;
  • Unforeseen circumstances; or
  • Delivery area.

For signature required deliveries, we will make three attempts to deliver your parcel before initiating a return. For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon receipt of the product(s) at the designated delivery address, upon signing for the product(s) (for signature required deliveries) at the designated delivery address, or upon in-store pickup, as applicable. However, gift cards shall be deemed to “have been delivered” in accordance with the Gift Card Terms pertaining to gift cards which may be found at: Gift Card Conditions. For all other packages, we will try to find a safe secure place to leave your parcel.

UNABLE TO DELIVER

If we are unable to deliver the goods, we will try to find a safe secure place to leave your parcel. Please note that an order can be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse.

RISK AND TITLE

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in the Delivery Clause above), whichever event occurs later in time.

PRICE AND PAYMENT

The price of the products shall be the one quoted from time to time on our Websit, except where there is an error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time.

Sales tax is charged (if applicable) according to the shipping address of your order.

Payment for orders will be made to URBAN NECESSITIES LLC, as applicable. The amount of the purchase will not be charged to your card until your order has been shipped to the delivery address. By clicking on the “Finalize Order” button, you are confirming that the credit card is yours or that you are the owner of the gift card or of the voucher card. Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.

If payment is made via PayPal or gift card the amount will be charged upon confirmation of your order.

LIABILITY AND DISCLAIMERS

We publish information on the Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT W ARRANT THAT THE SITE, OR ITS FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

We make no warranties of any kind regarding any non-URBAN NECESSITIES sites or mobile apps to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-URBAN NECESSITIES sites or mobile apps. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or Mobile App.

IN NO EVENT SHALL URBAN NECESSITIES, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE, OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF URBAN NECESSITIES OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Due to the open nature of the Website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website or Mobile App unless otherwise expressly set out on the Website or Mobile App.

INTELLECTUAL PROPERTY

The Site and Mobile App, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials”), is URBAN NECESSITIES property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of URBAN NECESSITIES. We grant you a personal, limited, non-exclusive, nontransferable license to access the Site and to use the information and services contained on the Site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site or Mobile App, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Except as otherwise provided herein, use of the Site not grant you a license to any Materials or features you may access on the Site or Mobile App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in

part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by URBAN NECESSITIES. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States. The information on the Site or including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website to the extent necessary to make a copy of any order.

URBAN NECESSITIES makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site or Mobile App from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.

INDEMNITY

You agree to indemnify and hold URBAN NECESSITIES, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your (including your dependents’ or agents’) violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

REGISTRATION, PASSWORDS, AND SECURITY

To access some of our services you will have to complete an online registration form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete.
Upon registering, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to review information regarding potential and completed transactions, purchase products, change your preferences, post content and otherwise access and use the Site and services on the Site in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release URBAN NECESSITIES from any and all liability concerning such transactions or activity. You agree to notify URBAN NECESSITIES immediately of any actual or suspected loss, theft or unauthorized use of your account or password. URBAN NECESSITIES has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. URBAN NECESSITIES will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

NOTICES

All notices given by you to us should be given to us preferably via the avenues of contact provided on our “Contact Us” webpage. Subject to and as otherwise specified in Clause 18 above, we may give notice to you at either the email or postal address you provide to us when placing an order.

These Terms, the Gift Card Terms, and our Privacy Policy are binding on you and us and on our respective heirs, successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms, the Gift Card Terms, or our Privacy Policy, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, the Gift Card Terms, and our Privacy Policy, or any of our rights or obligations arising under them, at any time.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks.
  • The acts, decrees, legislation, regulations or restrictions of any government.
  • Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

WAIVER

No failure of URBAN NECESSITIES to enforce any of its rights or remedies under these Terms or the Gift Card Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms or Gift Card Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

SEVERABILITY

If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.

OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and amend these Terms at any time. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and URBAN NECESSITIES policies in force at the time that you order products from us.

QUESTIONS AND FEEDBACK

We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our “Contact Us” webpage.

Last updated November 2, 2016

 

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