Last Updated: January 1, 2023
Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the Cypress Club® Clothing, Skort website at cypressclub.shop (“Website”) and any content, products, services, mobile applications, and functionality offered on the Website (collectively referred to as “Services”).
Please read these Terms carefully before using our Website or Services. By accessing the Website or using any Services, you agree to be bound by these Terms as well as our Privacy Policy. If you do not accept and agree to be bound by all of these Terms, you may not use the Website or Services.
We may modify these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Website. Modifications become effective immediately upon posting. Your continued use of Services after any modification constitutes your acceptance of the new Terms. If you do not agree to the modifications, you must stop using the Services.
Key Terms
Website refers to the Cypress Club® Clothing, Skort website located at cypressclub.shop and all content, products, services, and functionality offered on or through the Website.
Services refers to any content, products, services, and functionality we make available through the Website, including mobile applications, merchandise for purchase, blogs, resources, and tools.
You refers to the user who is accessing the Website or using Services.
User Agreement comprises these Terms and Conditions and our Privacy Policy.
We/Us/Our refers to Cypress Club® Clothing, Skort and its affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
Eligibility to Use the Website
You must be at least 18 years old and reside in a country where use of the Website and Services is permitted to access the Website and Services.
By using the Website or Services, you represent and warrant that:
- You are at least 18 years old.
- Your use of the Website and Services does not violate any applicable laws or regulations.
- You will not access the Website or Services using an unauthorized device or method (such as scraping).
- All registration information you submit is truthful and accurate.
- You will maintain the accuracy of your registration information.
- You are not barred from using the Website under any applicable law.
We reserve the right to refuse service to anyone for any reason permitted by law. We reserve the right to refuse service to any person without notice for any reason that is inconsistent with the purpose or proper functioning of the Website or Services.
Registering for an Account
Certain features and areas of the Website and Services require you to register for an account. If you register for an account, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or changes to your information.
We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information.
You are solely responsible for all activities that occur under your account, including any unauthorized use of your account. You should not reveal your account credentials to others. If you believe your account has been compromised, notify us immediately through customer support.
Account Termination
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your account if we believe you have breached these Terms, posed harm to the Website or Services, or violated applicable laws. We also reserve the right to delete or deactivate accounts that have been inactive for an extended period. We will attempt to notify you prior to suspending or terminating your account unless we determine it would obstruct an investigation or is not practically feasible.
You may delete your account at any time by submitting a request through customer support. Upon termination or deactivation, your right to access or use the Website and Services immediately ceases. We will make reasonable efforts to delete your information from our servers or make it inaccessible. However, we may retain residual copies for our records or as required by applicable laws.
Placing Orders
You may browse and place orders for merchandise through the Website. All orders are subject to acceptance, availability, and these Terms.
Order Processing
When you place an order, you will receive a confirmation email with your order details and total. This confirmation only records that we have received your order. Acceptance and processing of your order is dependent upon availability, passing fraud detection and screening checks, and compliance with these Terms.
You must provide current, complete, and accurate information for billing and shipping. We reserve the right to verify your information prior to processing an order. If you submit inaccurate or incomplete information, we may cancel your order or contact you for clarification.
If we are unable to process your order for any reason, we will attempt to notify you using the email address or phone number provided. Otherwise, refunds are processed automatically. You agree to monitor your payment instrument to verify refunds.
Pricing and Inventory
We attempt to be as accurate as possible with product images, descriptions, and pricing, but errors may occur. We reserve the right to correct any pricing or inventory errors prior to processing an order.
All prices and inventory displayed on the Website are subject to change without notice. Prices are shown in U.S. dollars (USD) and do not include sales tax, VAT, customs duties, or other taxes, which will be calculated at checkout based on shipping destination.
Promotional prices are valid while supplies last. Limited time offers are subject to early termination if promotional item sells out.
Shipping and Delivery
Shipping costs are calculated during checkout based on weight, dimensions, and delivery speed. All stated delivery times are estimates only, beginning from the date of shipment. We are not liable for delivery delays.
You will receive a tracking number when your order ships which you may use to track the status directly with the carrier. Items may ship in separate packages or arrive separately.
We may require a signature or valid ID upon delivery for certain products or shipments. Refusing delivery could result in restocking fees.
You are responsible for notifying us of non-delivery within 14 days of expected receipt so we can investigate. Report claims for non-delivery to [email protected].
Returns and Refunds
Most unopened products may be returned with original tags and labels intact within 30 days of receipt for a full refund of the purchase price, excluding shipping costs. Customers are responsible for return shipping costs unless the return is due to our error.
Notify our customer service team at [email protected] prior to returning items to receive a return authorization label. Returns received without a valid return authorization will not be accepted.
Refunds may take 3-5 business days to process once the return is received. Refunds can only be credited to the original payment instrument. Store credit may be issued for returns missing original tags, having signs of wear, or otherwise not eligible for a refund.
Exchanges are not permitted outside of the return and refund policy stated above. Contact [email protected] regarding defective, damaged, or incorrectly shipped merchandise to make arrangements for replacement items or return shipping.
All returns and exchanges are subject to inspection before refund or replacement is processed. We reserve the right to refuse returns or exchanges for heavily worn, damaged, or modified items.
Promotions and Discounts
Promotions and discounts cannot be applied retroactively or combined unless expressly stated.
We reserve the right to disqualify orders, terminate discounts, or adjust pricing due to ineligible use, fraudulent orders, or price errors.
Gift Cards and Store Credit
Physical and virtual gift cards and store credit issued by Cypress Club® Clothing, Skort do not expire and have no fees. Gift cards and store credit cannot be used to purchase other gift cards.
Gift cards and store credit are not redeemable for cash except where required by law and when any remaining balance is less than a minimum amount set by law. Lost or stolen gift cards cannot be replaced or refunded.
Acceptable Use Policy
You agree to only use the Website and Services for lawful purposes permitted by these Terms and all applicable laws, regulations, and policies.
Prohibited Activities
You agree that you will NOT use the Website or Services to:
- Violate any local, state, national, or international laws.
- Infringe on any intellectual property, privacy, publicity, moral, or proprietary rights.
- Distribute unauthorized promotional or commercial content or advertisements.
- Collect information about users without authorization.
- Interfere with, damage, disable, or overburden the Website through the use of viruses, bots, harmful code, denial of service attacks, packet flooding, or other harmful practices.
- Gain unauthorized access to the Website, user accounts, systems or networks.
- Circumvent or manipulate our fee structure, billing process, or fees owed.
- Engage in harassing, harmful, predatory, pornographic, or unlawful behavior.
No Professional Advice
The Website and Services are for informational and promotional purposes only. Content is not intended to constitute professional advice. You should obtain any specific professional advice from an appropriate certified or licensed professional.
Reliance on any information provided by Cypress Club® Clothing, Skort, our writers, licensors, or users is solely at your own risk.
User Content
Users may have opportunities to post content on the Website, including in comments, forums, image and video galleries, product reviews, and other interactive areas that allow user generated content (“User Content”).
Ownership
We do not claim ownership of User Content you submit, but you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Website and Services.
Disclaimers on User Content
You are solely responsible for your User Content. We do not endorse, support, verify or agree with User Content posted by you or by others.
We have no responsibility or liability for User Content including, without limitation:
- Claims for copyright or trademark infringement, false endorsement, violation of rights of privacy or publicity, loss or stress from User Content.
- User Content that is illegal, harassing, threatening, harmful, defamatory, obscene, abusive, invasive of privacy, or objectionable.
- Errors, omissions, false or misleading statements in User Content.
Usage Rights in User Content
In posting User Content on the Website or making it available to us, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, and fully transferable right and license to use, modify, delete from, add to, publicly display, publicly perform, reproduce, translate, create derivative works based upon your User Content, incorporate User Content into other works or media, distribute User Content on the Website or through other channels, and sublicense User Content.
This license is for the purpose of operating, developing, providing, promoting, and improving the Website and Services. You warrant you have all rights necessary to grant these rights under this license.
Preservation and Removal of User Content
We are not required to store or back up any User Content. We may preserve or remove and permanently delete any User Content from the Website at our sole discretion.
Trademarks and Copyrights
The trademarks, service marks, trade dress, trade names, logos, and other branding owned by Cypress Club® Clothing, Skort (collectively the “Brand Features”) are our valuable intellectual property assets. Except for a single instance of nominative use, you may not use Brand Features for any purpose without our prior written approval.
Content published on the Website is our property or the property of our licensors and protected by U.S. and international copyright laws. We own copyright in the selection, coordination, arrangement, and enhancement of such content. You may not modify, remove, delete, publish, transmit, sell, exploit, create derivative works from, or otherwise use any content or material from the Website or affiliated social media channels except as expressly permitted by these Terms.
Feedback
Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit to us through the Services or Website (collectively, “Feedback”) is non-confidential and will become our sole property. We will own exclusive rights to Feedback, including all intellectual property rights, and will be entitled to the unrestricted right to use Feedback for any purpose without compensation to you. Do not send us Feedback if you expect to be paid or want to retain ownership or control.
Third-Party Services
The Website may contain advertisements for or enable integration and interaction with third party products, services, social media platforms, and websites (“Third Party Services”).
We do not control Third Party Services. We are not responsible for the availability, content, legality, appropriateness, or any aspect of Third Party Services. Your use of Third Party Services is at your own risk. Third Party Services may have their own terms of use and privacy policies and your interactions with them are governed by those policies. We encourage you to carefully review the terms and policies of any Third Party Services you access through the Website or to report misconduct.
Links to Other Websites
The Website may contain links that direct you to other websites not affiliated with or controlled by Cypress Club® Clothing, Skort (“Third Party Sites”). Third Party Sites may have their own terms of use and privacy policies. We do not control Third Party Sites and are not responsible for their content, policies, or practices. Our inclusion of links to Third Party Sites does not imply our endorsement, recommendation, or sponsorship of the Third Party Sites.
Wireless and Location-Based Features
The Website or Services may offer features (like maps or directions) that rely upon device-based location services using GPS, WiFi signals, Bluetooth, or other technologies. These features will only work if you enable location-sharing on your device.
Use of location-based features is not guaranteed to be accurate, private, or secure. Any person with access to your device or account may be able to identify your location.
Promotional SMS and Push Messages
By providing us your wireless number, you consent to receive promotional messages sent through an autodialer, recorded voice, text/SMS, or push notification. Your consent is not required as a condition of purchasing any goods or services from Cypress Club® Clothing, Skort.
You may opt out of receiving promotional messages at any time by submitting an opt out request through customer support or adjusting your notification settings on your device. Standard SMS rates applied by your carrier may apply to our confirmation messages and all subsequent SMS correspondence.
Disclaimers and Limitation of Liability
No Warranties
We provide all Website and Services “as is” without warranty of any kind. We disclaim any warranties express or implied relating to the accuracy, availability, completeness, performance, currency, freedom from errors, viruses, non-infringement, or merchantability arising from your access to or use of the Website and Services.
Limitations of Liability
To the fullest extent permitted by law, under no circumstances will we be liable to you or any third party for any indirect, incidental, special, consequential or exemplary damages arising from your use of the Website or Services, including lost profits or loss of business opportunities or loss of data resulting from delays, non-deliveries, or service interruptions.
In no event will our total aggregate liability arising out of or relating to your use of optional third party services offered through us exceed $100.
Certain state laws do not allow limitations on implied warranties or exclusions of damages, so portions of the above limitations and disclaimers may not apply to you.
Indemnity
You agree to fully indemnify, defend, and hold harmless Cypress Club® Clothing, Skort and our officers, directors, employees, contractors, agents, affiliates, partners, and licensors from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your improper use of the Website or Services, violation of these Terms, or violation of any applicable law. If you cause a problem or dispute, you agree to bear the cost of any damage or liability.
No Class Actions
You may bring claims only on your own behalf and cannot join or consolidate claims without the consent of all parties. We will only be liable to you alone and not jointly with others bringing similar claims.
Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of laws principles. The federal and state courts located in Los Angeles County, California have exclusive jurisdiction over disputes arising out of or related to these Terms, the Website, or Services.
You hereby expressly and irrevocably consent to venue and personal jurisdiction in these courts for all such potential litigation and waive all jurisdictional and venue defenses otherwise available. The United Nations Convention and state statute adoption of the Uniform Computer Information Transactions Act do not apply.
Notwithstanding the foregoing, you agree the damages limitations and jurisdictional consents will apply even if the laws of your jurisdiction would not otherwise permit their enforcement.
Severability
If any portion of these Terms is deemed unlawful, void, or unenforceable, that portion will be deemed severable and shall not affect the enforceability or validity of the remaining provisions.
No Waiver
Our failure to enforce strict performance of any provision of these Terms will not constitute a waiver of our right to enforce such provision or any other provision.
Assignment
You may not assign or transfer these Terms or any rights or licenses granted hereunder. Any attempt by you to assign these Terms without our express written consent will be null and void. We reserve the right to assign our rights and obligations under these Terms in our discretion.
Entire Agreement
These Terms constitute the entire agreement between you and Cypress Club® Clothing, Skort with respect to your access and use of the Website and Services. These Terms supersede any prior agreements or communications.
