AndOtherBrands.com Terms and Conditions

SECTION A -TERMS & CONDITIONS

These Terms and Conditions of Use (“Terms and Conditions”) apply to www.andotherbrands.com website (the “Site”).  The Site includes products available for purchase (“Goods”) from each of Warehouse Fashions Limited (“Warehouse”), Oasis Fashions Limited (“Oasis”) and Coast Fashions Limited (“Coast”)  together the “Sellers” and each a “Seller”, who have contracted with And Other Brands Limited (“AOB”) solely to operate the relevant shopping areas of the Site and related ecommerce features and functionalities (the “Shopping Areas”) for purposes of facilitating transactions with each of Warehouse, Oasis, and Coast. 

These Terms and Conditions consist of the following:

•    the terms and conditions of use set out in section B below, which form a legally binding contract between you and AOB governing the manner in which AOB makes the Site available to you and your use of the Site, and which incorporate the Privacy Policy for the Site (“Terms and Conditions of Use”); and

•    the terms and conditions of purchase set out in section C below, which form a legally binding contract between you and the relevant Seller (as appropriate) governing your rights in relation to the purchase of any Goods and the manner in which the relevant Seller makes Goods available for purchase to you, and which incorporate each Seller’s privacy policy found at www.andotherbrands.com/privacy  

It is important that you understand that when you place an order for any Goods on the Site, you are placing an order with the relevant Seller, and not AOB.  AOB makes the Goods available for purchase (including by taking orders and collecting payment) on behalf of the relevant Seller, and not on AOB’s own behalf.  AOB is not a party to, and has no obligations under, the Terms and Conditions of Purchase.  Rather, any such contract will only be between you and the relevant Seller. 

AOB is not responsible, nor shall have any liability to you, for any claims, demands, losses, damages, or penalties arising out of any transaction with a Seller.  It is expressly understood that AOB is merely a facilitator of transactions and that the relevant Seller is directly responsible for such transactions.

If you have any questions or concerns regarding these Terms and Conditions of Use or the Terms and Conditions of Purchase (together with the “Policy”), please contact AOB by sending an e-mail to help@andotherbrands.com.

SECTION B - TERMS & CONDITIONS OF USE

These Terms and Conditions govern your use of the Site and the information and services made available on and through the Site.  These Terms and Conditions of Use do not apply to Your purchase of Goods from the Sellers, which is governed by the Terms and Conditions of Purchase set out in section C below.

These Terms and Conditions of Use apply only to the Site and do not apply to any third party websites that are linked to the Site.  For access to the terms and conditions or privacy policies of linked websites, please refer to the home pages of such websites.  These Terms and Conditions of Use are subject to change at any time.  It is Your obligation to review these Terms and Conditions of Use from time to time.  Any changes to these Terms and Conditions of Use will be effective immediately upon posting to the Site and shall be binding upon You if You continue to use the Site after they have been posted.  Your use of the Site indicates Your acceptance of these Terms and Conditions of Use.  If You do not accept these Terms and Conditions of Use, You may not use the Site.  Your continued use of the Site will constitute Your agreement to the most current version of these Terms and Conditions of Use.  If at any time You do not agree to these Terms and Conditions of Use, You must cease Your use of this Site.

I. TERMINATION OF ACCESS

The use of this Site and its services is a privilege.  AOB reserves the right to suspend Your use of the Site for any reason at any time, in AOB’s sole discretion.

II. DEFINITIONS

For the purposes of these Terms and Conditions of Use, the following definitions apply: 

•    “Brands” means the businesses operated by each of Warehouse, Oasis, Coast and AOB, each a “Brand” and collectively, the “Brands”.
•    "Content" includes all Text, Graphics, Design and Programming used on the Site.  
•    "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.  
•    "Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.  
•    "Design" includes the color combinations and the page layout of the Site.  
•    "Programming" includes both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages,  VBScript, databases, etc.) used on the Site.  
•    "User" refers to any individual who uses any aspect of the Site or its services. 
•    "You" refers to the person accessing the Site and agreeing to these Terms and Conditions of Use. 

III. INTELLECTUAL PROPERTY RIGHTS

Each Brand owns any and all intellectual property rights relating to the respective Brand, trade names, trade dress, designs, domain names, database rights, copyright, business names, know-how, editorial content or images including:  (i) Content provided by the Brand in question or any company within its group of companies on behalf of that Brand that contain copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Content that has or provides the “look and feel” of the current Brand image and that is incorporated into the Site; (ii) Content, photographs, video and audio Programming supplied by a Brand or any company within its group of companies on behalf of that Brand for use or which is used in connection with the Site; and/or (iii) any adaptation, modification, improvement or derivative work of the foregoing (the “Brand Intellectual Property”).

Neither the Site, nor any of the Content or other materials on the Site, nor any related software may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless You obtain AOB’s prior written consent. 

You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose.  The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Site, as well as any Graphics.  

IV. ACCEPTABLE USE OF THE SITE

The Site and its services are intended to facilitate the offering for sale of Goods of each of Warehouse, Oasis and Coast and their respective approved licensees.  A limited license is granted to You by AOB to view and use a single copy of the Site solely for your personal, non-commercial use and only as an aid to shopping on the Site. The Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Site.  The information displayed on the Site may not be used for any purpose except in connection with Your direct use of the Site as permitted by these Terms and Conditions of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Site in any way.  In addition, you represent, warrant and agree that You will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law.  Your use of the Site is also subject to the following restrictions:

•    You may not send unsolicited commercial e-mail to Users.  In addition, spam, chain e-mails, advertising solicitations and similar e-mail solicitations are expressly prohibited;
•    You may not delete, edit or revise any material posted by any other person or entity.  You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms and Conditions of Use. 
•    You may not interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the Site by any Users. 

V. LIMITATIONS ON INFORMATION SUBMITTED

Any submission of information to AOB through the Site is subject to the following guidelines and restrictions:

•    It may not contain URLs or links to any Internet Web sites (To advertise your company or Web site, contact our Sales department); 
•    It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); 
•    It may not contain trade secrets (unless You own them or have the owner's permission to post them); 
•    It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights; 
•    It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; 
•    It may not contain information that is known by You to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by You; 
•    It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age; 
•    You may not solicit money, investments or make any offering of securities or investments; 
•    You may not submit chain letters or pyramid schemes;  and
•    You may not submit opinions or notices, commercial or otherwise.

VI. MONITORING OF INFORMATION


AOB does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site.  You assume the risk of verifying the accuracy of information posted through independent investigation.  Notwithstanding the foregoing, AOB may in its discretion review information submitted to the Site for any purpose whatsoever and AOB reserves its right, in its sole discretion, to reject any information submitted to the Site for any reason whatsoever.

VII. RIGHTS TO INFORMATION

You hereby grants to AOB an irrevocable, perpetual, worldwide right and license to use and display all information submitted by You, subject to AOB’s Privacy Policy.

VIII. SECURITY RULES

To ensure the security of the Site and of Users, the following forms of use are prohibited:

•    Accessing data not intended for You or logging into a server or account which the you are not authorized to  access; 
•    Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
•    Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a  virus to the Site, overloading, "flooding", "mail bombing" or "crashing";
•    Sending unsolicited e-mail, including promotions and/or advertising of products or services;
•    Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violation of these security rules may result in civil or criminal liability in addition to the termination of your access rights.  AOB will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.  

IX. TERMINATION OF ACCESS TO THE SITE

Users who violate these Terms and Conditions of Use may be denied access to the Site at AOB’s sole discretion.

X. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

Your agreement to the following disclaimers and limitations are a material inducement for AOB to permit You to access the Site.  Your use of the Site, and the obligations and liabilities of AOB in respect of Your use of the Site, is expressly limited as follows:

a. Conduct of Users

We assume no responsibility for the activities or conduct of Users.  

b. Third Party Information

The Site displays the content, services, products or hyperlinks of other companies or persons including the Sellers.  Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by AOB on behalf of any third party.  In addition, AOB does not endorse, warrant or otherwise guarantee the substance of any information posted by You or third parties on the Site.  AOB shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Site.  Access to third party websites from the Site is done at Your own risk.  AOB does not warrant any products purchased through the Site or purchased in reliance on information obtained from the Site.  Warranties on purchased products, if any, are provided by the product's manufacturer.

c. Accuracy of Information


AOB makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged by Users.   Information on the Site may contain inaccuracies or typographical errors.  You acknowledge that any reliance on information submitted by Users or on any other form of communication with Users will be at Your own risk. 

d. DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. AOB DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

e. Indemnification

You agree to indemnify, defend and hold AOB harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of Your breach of these Terms and Conditions of Use.

f. Limitation of Liability

IN NO EVENT SHALL AOB AND ANY OF ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING, OR DOWNLOADING OF ANY MATERIALS, DATA TEXT, IMAGES, VIDEO OR AUDIO FROM THE SHOPPING AREA) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AOB ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF AOB TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SHOPPING AREA OR U.S. $100.00.

XI. CLAIMS OF COPYRIGHT INFRINGEMENT 

Each relevant Brand will respond to claims of copyright infringement against that Brand, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to the Site's designated agent noted below (the “Designated Agent”).  If You believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Site, please notify AOB by contacting the Designated Agent. 

In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, You must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and  information reasonably sufficient to permit AOB to locate the material; (4) information reasonably sufficient to permit Shopping Area to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
The Designated Agent for notice of claims of copyright infringement can be reached as follows: 

By Mail: 
Group Ecommerce Manager
Aurora Fashions 
69-77 Paul Street
London
EC2A 4PN

By E-mail:
help@andotherbrands.com

If a valid notification of alleged copyright infringement is received, the relevant Brand will investigate the matter and may instruct the removal of, or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

XII. MISCELLANEOUS

These Terms and Conditions of Use constitute the entire understanding between AOB and You with respect to the use of the Site. We do not represent that materials on the Site are appropriate or available for use in locations other than the United States of America. Persons who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  These Terms and Conditions of Use shall be construed in accordance with the laws of the State of New Jersey, without regard to principles of conflict of laws rules, and You hereby submit to the personal and exclusive jurisdiction of the federal and state courts located in New Jersey, and waive any objections on the grounds of forum non-conveniens without regard to conflict principles of conflicts of laws.  No waiver by AOB of any breach or default under these Terms and Conditions of Use shall be deemed to be a waiver of any preceding or subsequent breach or default.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms and Conditions of Use is found to be unenforceable for any reason, than such provision shall be deemed severable from these Terms and Conditions of Use Policy, as the case may be, and shall not affect the validity and enforceability of any remaining provisions

SECTION C - TERMS AND CONDITIONS OF PURCHASE


These Terms and Conditions of Purchase are subject to change at any time.  You should check these Terms and Conditions of Purchase posted on the Site periodically to ensure that you are aware of and comply with the current version.  Any such change will be effective to all new orders once included in the text of these Terms and Conditions of Purchase and posted on the Site.  Your acceptance of these Terms and Conditions of Purchase is given when you purchase Goods from the relevant Seller(s).

The Site includes Goods available for purchase from the Sellers. It is important that you understand that when you place an order for Goods on the Site, you are placing any order with the relevant Seller, and not AOB.  AOB makes the Goods available for purchase (including by taking orders and collecting payment) on behalf of the relevant Seller, and not on AOB’s own behalf.

With this in mind: Oasis branded goods purchased are provided by Oasis Fashions Limited, a company registered in England under number 6822219 whose registered office at The Triangle, Stanton Harcourt Industrial Estate, Stanton Harcourt, Witney, Oxfordshire, OX29 5UT; Warehouse branded goods purchased are provided by Warehouse Fashions Limited, a company registered in England under number 06822214 whose registered office at The Triangle, Stanton Harcourt Industrial Estate, Stanton Harcourt, Witney, Oxfordshire, OX29 5UT; and Coast branded goods are provided by Coast Fashions Limited, a company registered in England under number 06822210 whose registered office at The Triangle, Stanton Harcourt Industrial Estate, Stanton Harcourt, Witney, Oxfordshire, OX29 5UT. When these Terms and Conditions of Purchase refer to "You" and "Your" it means the
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The terms and conditions contain the following sections:

Part 1 – Buying Goods
Part 2 – Delivery
Part 3 – Returning Goods
Part 4 – Disclaimer of warranties and limitation of liability
Part 5 - General terms relating to our relationship

Part 1 – Buying Goods

This Part 1 sets out some terms which apply to your purchase or reservation of Goods from any of Warehouse, Coast or Oasis through the Site.

a. Order process

Buying clothing and accessories over the internet provides a different shopping experience to buying in-store.  In particular you acknowledge that:

• only one promotional code can be used at a time;
• the colors which are shown for the Goods on the Site will depend on many factors – including your display settings;
• all sizes and measurements are approximate; 
• all Goods are subject to availability – the relevant Seller may not be able to supply your order;
• any delivery estimates given on the Site or by email are estimates only; and
• the Goods and promotions which are offered on the Site may not be available in-store, and vice-versa.

You make an offer to purchase a product from a Seller (your "Order") by completing the staged process on the Site as set out below:

• Adding product to your shopping basket 
• Checkout step 1 – login details 
• Checkout step 2 – address details 
• Checkout step 3 – payment details, and
• Confirmation of order

You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.

The Sellers reserve the right, at their sole discretion, to limit the number of items purchased per person, per household, or per order.  These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers.

b. Acceptance of Your Order

Your Order only constitutes an offer to purchase Goods from a Seller, and does not form a binding contract until accepted by that Seller. Where you order more than one product Your Order contains a series of offers for each product individually.

On receipt of your Order, the relevant Seller, or AOB on its behalf will send you an Order acknowledgement email to the email address which you provide in the Order process. This Order acknowledgement email will contain your Order number, details of the Goods ordered and a delivery estimate. Note that this email is only to acknowledge that your order has been received, and is not acceptance by the relevant Seller or AOB of any offers to purchase Goods.

Each Seller must receive full payment both of the price of the Goods and any delivery charges before it can accept any offers. Where You select to pay by credit or debit card AOB on behalf of the relevant Seller will process the payment at the time of preparing Your Goods for dispatch.  Depending on the financial institution that You choose to make payment from an international transaction fee may be charged by that financial institution on Your purchase.  Please note that this fee is not charged by the Sellers or AOB on the Seller’s behalf and as such neither the Sellers, nor AOB on behalf of the Sellers, can refund you any amount levied in this respect.

An offer made by You to purchase Goods shall only be deemed to be accepted by the relevant Seller when that Seller dispatches that product to You and sends You an Order dispatch email which includes details of the Goods.  Each Seller reserves the right to refuse any offers in an Order prior to acceptance. If Goods are not available the relevant Seller, or AOB on behalf of that Seller, will include details of the unavailable product in the Order dispatch email. Goods which are not available will not be included in the contract for Goods which are dispatched.

You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process.  Each Seller reserves the right to decline your order at their sole discretion.  Some of the reasons your order may be declined are if the Goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected.  If your order is declined, the relevant Seller (or AOB on behalf of that Seller) will credit your credit card for any amount charged with respect to such order.  Each Seller reserves the right without prior notice to discontinue or change the specifications for Goods, locations where Goods are delivered, and prices on Goods without incurring any obligation to you.

Delivery charges may apply and these will be displayed in the order process.  All customs and import duties will be discharged by the relevant Seller.  In the event that You are asked to discharge such costs by the relevant Seller’s nominated carriers, please retain proof of payment and provide the same to help@andotherbrands.com who will refund the same.

All prices are, unless otherwise stated, inclusive of applicable taxes.
 
Part 2 – Delivery

Each Seller currently offers standard delivery, which is expected to take 3-8 business days.

Each Seller endeavors to ensure that the Goods that you order are provided by the agreed delivery date and where applicable time, however delays are occasionally inevitable due to unforeseen circumstances. Neither the relevant Seller nor its nominated carrier shall be under any liability for any delay or failure to deliver the Goods within the estimated time frame.

Risk of loss and damage of Goods passes to you on the date and time of delivery of the Goods.

Part 3 – Returns Policy

This Part 3 sets out the terms which govern Your right to return any Goods that You do not want to keep.

When a Seller delivers your Goods to You it will include a returns slip, and information on how to return Goods to that Seller. If You want to return any items You must complete the returns slip and enclose this with the items You are returning.

You can, at any time within 28 days of receiving full price Goods purchased from this Site, or 14 days of receiving sale items, cancel your contract and return such Goods to the relevant Seller within the respective 28 or 14 day period.

You must then, within the periods referred to within the preceding paragraph, return the Goods to the relevant Seller by using the sending them in a securely wrapped parcel to WorldNet in accordance with the instructions below: 

•    Write Your name, address, postcode and order number on the returns form.
•    Complete the returns form and enclose it with Your Goods in accordance with the instructions contained therein.
•    Ensure Your Goods are in a securely wrapped parcel and place a returns address label on the parcel.
•    Take the parcel (with enclosed returns form) and the dispatch note to the Post Office. The clerk will stamp the proof of posting on the dispatch note which You should retain until you receive your refund.

Please remember to complete the returns form with Your returned Goods.

Once you decide to return the Goods You must not use them and must take reasonable care of them while they remain in Your possession. The Goods must be returned intact, undamaged as soon as reasonably possible. Each Seller or AOB on that Seller’s behalf will refund to the payment card the price paid for the Goods returned.

Items purchased online at www.andotherbrands.com cannot be returned to any Coast, Warehouse or Oasis store.

For reasons of hygiene, Sellers are unable to refund or exchange earrings.  Please ensure that under-garments including but not limited to, g-strings and swimwear are tried on over your own underwear.  Each Seller reserves the right to refuse returns of items where it is apparent that this has not been done.  Please ensure you return Goods in their original condition and packaging, unworn and unwashed, with all labels intact. In addition, Goods marked as ‘Final Sale’ shall not be refunded.  

Exchanges will not be accepted by the Sellers.

Nothing under these terms and conditions affects your statutory rights.

Part 4 – Disclaimer of warranties and limitations of liability

a. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SELLERS DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, GUARANTEES, REPRESENTATIONS OR OTHER TERMS AND CONDITIONS RELATING TO THESE TERMS AND CONDITIONS OF PURCHASE OR THEIR SUBJECT MATTER NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS OF PURCHASE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR GUARANTEES OF MERCHANTABILITY, ACCEPTABLE QUALITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

b. Limitation of liability

Nothing in these Terms and Conditions of Purchase excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.

If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions of Purchase under any applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and the relevant Seller is able to limit Your remedy for a breach of the Non-Excludable Provision, then the Seller’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at the Seller’s option:

•    in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
•    in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

SUBJECT TO ANY OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OASIS, WAREHOUSE OR COAST AND ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES (OR LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OASIS AND/OR WAREHOUSE AND/OR COAST ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. 

IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN, SUBJECT TO ANY OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY OF OASIS, WAREHOUSE AND/OR COAST (SEVERALLY AND NOT JOINTLY) TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY GOODS OR U.S. $100.00.

Part 5 – General terms relating to each Seller’s relationship with you

Sellers will not be responsible for the performance of any obligations under these Terms and Conditions of Purchase in the case of an event outside of our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.

All notices which we need to give to you under these Terms and Conditions of Purchase will be sent by us to Your registered e-mail address.

These Terms and Conditions of Purchase set out the entire agreement between the Sellers and You in respect of the sale, purchase and use of the Goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.

If any provision of these Terms and Conditions of Purchase is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.

Save to the extent that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, the interpretation, construction, effect and enforceability of these Terms and Conditions of Purchase shall be governed by the laws of the State of New Jersey, and you and each Seller agree to submit to the non-exclusive jurisdiction of the state and federal courts of the State of New Jersey for the determination of disputes.

 

Welcome Discount Promotion

  1. The welcome discount cannot be used in conjunction with any offer.
  2. The welcome discount can only be used on the first order placed.
  3. Offer only valid online.
  4. To redeem your welcome offer the code must be entered at the checkout
  5. The welcome promotion is only valid on full priced items.