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TERMS OF SERVICE

 

 

OVERVIEW

This website is operated by Xhibition. Throughout the site, the terms “we”, “us” and “our” refer to Xhibition. Xhibition offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. 

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed

 

ORDER ACCEPTANCE

After an order is placed, you will receive a confirmation email. This email confirms the details of the order and that we received the order request. 

Placing an order does not establish a contract. Orders may be canceled at any time due to insufficient stock, failure to authorize a credit card, suspicion of fraudulent activity, or any other reason we deem necessary.

Xhibition does not guarantee the availability of items listed on Xhibition. Xhibition makes every effort to keep sufficient stock of items available on our website; however, certain products may sell out. On the rare occasion, we are out of stock on an item you ordered, we will notify you as soon as possible via email and let you know if the item is backordered or when it may be restocked. Depending on vendor availability and seasonal change, some sold out items may not be restocked. If an item(s) ordered are unavailable, we will contact the client immediately with further options.

 

SHIPPING AND HANDLING

Shipping is $8.95 (Free for Orders $200+) within the USA via FedEx Ground ($10.95 for a signature requirement). 

*Special release items are subject to a $12.95 standard shipping charge.

For international shoppers, shipping is $9.95 for orders going to Canada and $14.95 (Free for Orders $250+) for all other international orders. 

International customers are required to pay duties & taxes and this amount will be determined by the customs agency. We cannot change or refund any amount paid for duties & taxes. 

You will receive a shipping confirmation email with tracking information as soon as your order ships. 

Orders typically ship within 1-2 business days. However please allow up to 5 business days for your order to ship before reaching out to our team. If it has been more than 5 business days and you have not received a shipping confirmation email, please visit our help center here. 

Once an order has shipped order changes and/or cancellations cannot be made. This is true even if the cancellation/change request was sent before the item shipped. Our team will try to handle any requests prior to the shipment of your order. However, at times, the order ships before our team has a chance to reach out. 

 

RETURNS AND EXCHANGES  

Returns must be sent back within 14 days of the date the order was received.

Special release items and items purchased at a discount of 40% or more are considered final sale. 

Products that are damaged, dirty, worn, without original packaging, without original tags attached or in any other condition we deem unacceptable will not be eligible for refund. 

If a return is sent back and the item is damaged, dirty, worn, without original packaging, without original tags attached or in any other condition we deem unacceptable the customer will be required to pay return shipping if they would like the item sent back.

Returns/exchanges will not be accepted for final sale items. 

Exchanges will ONLY be processed if the wrong item or size was received. Under no other circumstances are we able to process an exchange. 

If a return is sent back outside of the 14 day return window, it will be subject to a restocking fee. 

 

ORDER DAMAGES AND DISCREPANCIES

All product we sell are unworn and unused, however if for some reason a product arrives damaged/defective, this must be reported to our support team within 7 days of the date the order was received.

If a return is sent back damaged, and the customer never notified us of any damages, the customer will take full responsibility for any damages and will not be granted a refund.  

If an order shows delivered but you have not received the package, please contact FedEx at (800) 463-3339 to open up a case. Then, please send us the case number and we will promptly follow up withFedEx and provide additional documents. Once the claim has been filed, please allow up to 14 days for FedEx to reach a resolution. You will receive an email as soon as the claim has been resolved. If the claim is approved, a full refund will be provided. If the claim is denied, this means FedEx has confirmed the package was successfully delivered to the correct address and we are unable to provide a refund.

 

SHOE BOXES

All shoe boxes need to be shipped in a shipping box. If a return label is placed directly on the shoebox, the return will not be accepted and the customer will be required to pay return shipping to pay a shipping and handling fee if they would like the shoes back. 

 

 

ORDER CANCELLATIONS

Special release items and items purchased on sale for 40% or more are all considered final sale. Cancellations and/or exchanges will not be accepted under any circumstances.

We cannot cancel orders after they have shipped. If the item ordered is eligible for return, it can be sent back for a refund within 14 days of receipt.

We reserve the right to refuse service to customers who repeatedly send order cancellation requests.

 

 

ORDER CHANGES

We cannot make changes to an order after it has been placed. If the order is not final sale and has not yet been shipped, we can cancel the order and a new order can be placed.

 

PRICEMATCHING

We will price match orders within 14 days of the date the original order was placed.

We can only price match an item if it is still in stock on our website in the same size. 

We can only price match items from other websites if the exact size/item is still in stock. 

We are unable to offer price adjustments on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. 

Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

 

DISCOUNTS AND PROMOTIONS

Only one promotion can be used at a time. During promotional periods, multiple discounts cannot be stacked or combined. In the event we believe a customer is misusing promotional codes, we have the right to refuse to honor a promotional code. Please note that some items may be excluded from promotions.

 

RAFFLES AND DRAWINGS

Raffle winners will be notified via email if they are selected as a winner. Those not selected as a winner, will not receive an email. 

If you win a raffle and receive an invoice, you have 24 hours to complete the invoice. If the invoice is completed more than 24 hours after it was sent, your order will not be accepted. 

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

REFUNDS

Anytime a refund is processed, the customer will receive an email confirming the refund was processed on our end. 

It can take 3-7 business days for the refund to return to the original form of payment, depending on your banks processing time. 

If it has been more than 7 business days, customers will need to reach out to their bank and/or credit card company to find out what max be delaying the refund. 

We can only refund orders to the original form of payment. If the original form of payment was a credit/debit card that has since been cancelled, the customer will need to contact their bank to ensure the refund is returned to the new form of payment. 

   

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Xhibition, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Xhibition and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 29325 Aurora Road, Solon, OH, 44139, United States.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at suport@xhibition.co

 

PRIVACY POLICY

Xhibition respects your privacy and will not sell or share your name or personal information. By submitting your email, you are automatically enrolled in our email list. You can choose to opt out at any time post registration.

In an effort to serve you better, our site runs Google Analytics Demographics and Interest Reporting. We collect demographics of our sites visitor traffic in two ways; traffic by age ranges and traffic by gender. We also gather our visitor's interests in two ways, behavior by affinity categories, and behavior by other interest categories.

Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.

For all orders that are investigated for fraud, you waive the terms of this privacy policy. We report suspicious activity (ie. chargebacks) to Interpol and www.ic3.gov. We also reserve the right to post your personal information on public websites for identification purposes. Please note that if your name is posted on websites linked to fraud, your name will be searchable by all search engines.

 

TEXT MARKETING AND NOTIFICATIONS

Last updated: June 28, 2022

The XHIBITION mobile message service (the "Service") is operated by XHIBITION (“XHIBITION”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the 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 Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to XHIBITION’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of XHIBITION through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with XHIBITION. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18337420362 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other XHIBITION 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 Service support or assistance, text HELP to +18337420362 or email support@xhibition.co.

We may change any short code or telephone number we use to operate the 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 Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

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 Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

  

SITE SECURITY 

We use Shopify as our eCommerce platform provider, who is certified Level 1 PCI DSS compliant. This compliance extends to all online stores powered by Shopify. They are very serious about securely hosting your online store and have invested significant time and money to certify our solution is PCI compliant. From annual on-site assessments validating compliance to continuous risk management, we work really hard to ensure our shopping cart software and eCommerce hosting is secure.

This site uses industry standard 256-bit encryption technology for credit card processing. This is the same level of encryption used by large banks to keep your information secure. When checking out, you will see your browser URL bar change to green, which is extended validation that our store is secure. Be sure to look for this when shopping on any site on the Internet and carry a slim wallet.

Shopify can be accessed using SSL encryption. Not only will this ensure that no data could be intercepted as it goes over the network, but it will also help merchants build customer trust.

Click here for more information.