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    Terms of Service

    This website www.jcassand.com (the “Site”) is operated by JCassand, Inc. (referred to herein as “JCassand,” “we,” “us,” and “our”).  By visiting the Site and/ or purchasing a product from us, you are agree to be bound by the following terms and conditions (the “Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all visitors and users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  In these Terms of Use, “user” or “you” means any user or visitor of the Site.

    Please read these Terms of Service carefully before accessing or using our Site.   If you do not agree to all the terms and conditions set forth herein, then you may not access the Site or use any services available thereon, including, but not limited, purchasing products.

    Any new features or tools which are added to the Site 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 Site.  It is your responsibility to check this page periodically with respect to any such changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

    The store available on our Site (the “Store”) is hosted by a third party, Shopify, which provides us with the online e-commerce platform that allows us to sell our products to you.  Shopify’s terms of service found [here] shall supersede these Terms of Service with respect to your access and use of Shopify’s website www.shopify.com, for the purpose of finalizing your purchase and remitting payment.

    SECTION 1 – JCASSAND PRODUCTS

    JCassand creates signature neckties (the “Products”) and makes them available for purchase exclusively via the Store accessible through the Site.  Products are currently not available for purchase through any other means. 

    Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy set forth in Section 3 hereof.  We expressly reserve the right to discontinue any Products at any time. 

    We have made every effort to display as accurately as possible the colors and images of our Products that appear in the Store; however, we cannot guarantee that your computer’s or other electronic device’s display of color, texture and/or pattern will be accurate.  When you purchase two or more of the same Product, there is a possibility that the Products will not be identical in terms of the cut of the necktie matching up with the pattern placement thereon.

    SECTION 2 – PRODUCT ORDERING

    Products may be purchased from the Store using the following forms of payment: Credit card, PayPal, Apple Pay, Diners Club, Google Pay, JCB, Shopify Pay (Not available to US territories except Puerto Rico) and Venmo.

    All in-stock Products will be shipped once credit card authorization and verification have been obtained by Shopify. If an item you ordered is temporarily unavailable, we will immediately advise you when to expect delivery.

    Sales/use state and local taxes will be collected upon purchase, based on the order's "ship to" address where required by law. Sales tax will also be applied to shipping and handling charges where required by law. The sales tax displayed at checkout is estimated and the final applicable tax will be calculated when your order is shipped. All applicable taxes will be clearly displayed on your final invoice.

    Shipping Zones (Regions and Countries):

    Currently, we ship to all the Americas which include North America (USA and Canada), Central America, South America, the Caribbean, all USA territories, APO/FPO addresses and the United Kingdom. Please click [here] for more shipping information.

    If you enter a shipping address that's in a region outside our shipping zones, you will be informed that no shipping rate is available for your area.  Please contact customer services for more information or should you have questions.

    SECTION 3 - RETURN POLICY

    If for any reason you are not happy with your purchase, JCassand will accept returns of unworn, unwashed Products with tags still on and in saleable condition with a valid receipt within 30 days of purchase, unless defective.  Returns will be credited to your original form of payment. If your original form of payment was cash or check, a corporate check may be issued within 7-10 business days. If you do not have a receipt, but the Product is still ticketed and returned within 30 days of purchase, a merchandise credit will be issued for the current selling price, including all applicable discounts and promotions.  JCassand gift cards are not returnable and cannot be redeemed or exchanged for cash or check (unless required by law).

    Products may be returned by mail in accordance with the following process:

    • Fill out the Return Form enclosed with your package (noting reason for return on the back) or include your original receipt.
    • Securely seal the Return Form (or original receipt) and the Product(s) you are returning in its original shipping container or other clean and sturdy box.
    • Customers returning goods for other reasons aside from damaged goods, please note that a handling fee of $10.00 will be charged against your original method of payment.
    • A pre-paid return label will be sent via email to customers who notify JCassand of damaged goods. Ship the package via USPS.

    The pre-paid shipping label can be used only on packages returned from a U.S. address. You are not required to use the pre-paid label. You may label the package yourself and ship it, pre-paid and insured, using the shipping provider of your choice to: JCassand, Inc., 76 Sutton Street #31, Northbridge, MA 01534.  Please include the Return Form enclosed with your package (noting reason for return on the back) or your original receipt.

    Please allow up to two billing cycles for refunds to appear on your credit card statement. Original shipping and handling fees are non-refundable.

    We do not accept exchanges. You may return the original item (using the instructions above) and place a new order for the item you want. To ensure the item you want is in stock, we suggest placing a new order for the item you want first then proceed with the return.

    SECTION 4 – INTELLECTUAL PROPERTY

    • The Site and Site Content are the sole and exclusive property of JCassand (with the exception of materials where rights are specifically attributed to a third party), all rights reserved, and protected under U.S. and International copyright laws. For the purposes of these Terms of Service, “Site Content” means any and all photographs, text, ideas, concepts, treatments, formats, artwork, drawings, videos, audiovisual works, sound recordings, software code, reports, tables, charts, recommendations, and/or similar materials that are submitted, posted, uploaded, embedded, displayed, distributed, communicated or otherwise added to the Site, including the Store, excluding such materials where rights are specifically attributed to a third party.  Except as we may specifically agree to in writing, no Site Content may be used, copied, reproduced (including, without limitation, the copying, transmitting, or saving of digital files), displayed, distributed, modified, or used to create a derivative work.  You will not (a) frame or embed the Site or introduce any virus, worm, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Site or the operation of the Site; or (b) scrape, spider, use a robot or other automated means of any kind to access the Site Content.  Any unauthorized use of Site Content is a federal offense and will be prosecuted to the fullest extent of the law. 

    All trademarks, slogans, service marks, trade names, and trade dress appearing on the Site and/or Site Content are proprietary to JCassand and/or our partners, affiliates, licensors or licensees.  JCassand may change the Site or delete or modify Site Content or the Product selection at any time, in any way, for any reason.

    If you have any questions about copyrights or want to request permission to use any JCassand, please contact us at info@JCassand.com.

    • JCassand is the sole and exclusive owner of the copyrights in the design of the Products and holds all right, title and interest therein. You are not authorized to replicate the design of the Products, create derivative works of the Products, or exercise any other right that JCassand possesses as the sole holder of the copyright in the design of the Products, and you are acknowledge and agree that your undertaking of any such activities shall constitute copyright infringement.

    SECTION 5 - THIRD-PARTY LINKS

    The Site may have links to web sites owned and operated by advertisers and other third parties not affiliated with JCassand (the "Linked Sites").  We do not control or monitor the Linked Sites and shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any endorsement or sponsorship by us of the Linked Sites and the content, products and services featured therein. You are solely responsible for your access of the Linked Sites and any interactions and transactions you engage in as a result of such access.

    Please carefully review the policies and practices associated with any Linked Sites and make sure you understand them before you engage in any transaction as their terms of service and/or privacy policies may differ substantially from ours. Complaints, claims, concerns, or questions regarding third party websites, products and/or services should be directed to the applicable third party (ies).

    SECTION 6 – DISCLAIMERS, INDEMNFICATION, LIMITATION OF LIABILTY

    (a)  DISCLAIMERS

    SUBJECT TO APPLICABLE LAW, THE SITE CONTENT OR CONTENT OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE SITE IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON INFRINGEMENT. WE DO NOT WARRANT THAT ANY SITE CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH SITE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF HARM SUSTAINED BY YOU OR YOUR PROPERTY DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SITE CONTENT.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SITE CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.

    Reliance on any information appearing on the Site is strictly at your own risk.

    (b)  LIMITATION OF LIABILITY

    SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS’ PARTNERS, LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SITE CONTENT, (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, or (C) YOUR INTERACTIONS WITH SHOPIFY, INCLUDING, BUT NOT LIMITED TO, YOUR REMITTANCE OF PERSONAL AND PAYMENT INFORMATION.  SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING THE SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.  WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.

    SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS SITE OR CHANGE THE SITE OR DELETE SITE CONTENT (INCLUDING THE PRODUCTS OFFERED) OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.

    NO CLAIMS, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE MADE BY JCASSAND WITH RESPECT TO THE SAFETY, RELIABILITY, DURABILITY, AND PERFORMANCE OF THE PRODUCTS ORDERED BY YOU.  IN NO EVENT SHALL JCASSAND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES TO PROPERTY OR LIFE WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF THE PRODUCTS.  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JCASSAND, AND ITS AFFILIATES, PARTNERS, LICENSEES, AND ASSIGNEES FROM AND AGAINST ANY LOSSES, DAMAGES, AND CLAIMS DIRECTLY OR INDIRECTLY RELATING TO OR RESULTING FROM YOUR PURCHASE OF PRODUCTS. 

    (c)  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 6 AND ELSEWHERE IN THESE TERMS OF SERVICE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    SECTION 7 - 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 you any compensation in consideration of your provision or our use of any Comments; or (3) to respond to any Comments.

     

    SECTION 8 - PERSONAL INFORMATION

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

    SECTION 9 - TERMINATION

    You may terminate these Terms of Service at any time by discontinuing your use of the 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 may deny you the ability to order Products and/or block your access to the Store. 

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

    SECTION 10 – JURISDICTIONAL AND VENUE MATTERS; GOVERNING LAW

    (a)  Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, the Site Content or the Products shall be filed, and that venue properly lies, only in state or federal courts located in the Commonwealth of Massachusetts, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  JCassand makes no representation that the Site is appropriate or available for use in any particular location. Those who choose to access the Site or order Products do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

    (b)  Subject to the requirements of applicable consumer rights and other laws, these Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

    (c)  No waiver of any provision of any term of these Terms of Use by JCassand shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    (d)  TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, THE SITE CONTENT, THE OR THE PRODUCTS MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM REQUIRED PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

    SECTION 11 - 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 the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to our Site or your purchase of Products following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

    SECTION 12 – CUSTOMER SATISFACTION

    JCassand strives to achieve 100% customer satisfaction. However, in the event an issue does arise, JCassand will work with you in a positive and professional manner to find a resolution.  Therefore, if you have any questions, concerns or issues with any products you purchased from JCassand or services provided by JCassand,  we expect you will communicate and cooperate with us in a positive and professional  manner.  You agree that you will not disparage, defame or make any negative comments about JCassand or its products or services on any social media site or via any other type of communication without first sending us an email and allowing us a reasonable response time of 2 business days.    In the event you post a disparaging, defamatory or negative comment without allowing us the full 2 business days to respond, you agree to be liable for any expenses or fees JCassand incurs in connection with the takedown or correction of any social media postings. 

    SECTION 13 - CONTACT INFORMATION

    Questions about the Terms of Service should be sent to us at info@JCassand.com