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TERMS & CONDITIONS

All sales made by Alternative ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated by Alternative in writing.

Please read these Terms and Conditions of Sale before placing your order.  Do not place any orders unless you understand and agree to all Terms and Conditions outlined herein.  Alternative reserves the right to amend or modify these Terms and Conditions of Sale at any time and without notice at its sole discretion.

All sales are contingent on the Customer's acceptance of Alternatives Terms and Conditions of Sale.

Seller shall not accept Customer's purchase orders unless and until Customer consents to these Terms and Conditions of Sale.  These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer's purchase order(s) and will govern all transactions between Customer and Seller.  These Terms and Conditions of Sale also apply to all future transactions unless modified in writing and signed by Seller and Customer.

Payment Terms

Seller accepts Visa, MasterCard, JCB, American Express, or PayPal Express.

Pre-authorization of Credit and Debit Cards

Please note, when paying for an order with a credit or debit card, Alternative will pre-authorize your card for the portion of your order that is shipping, along with applicable freight and sales tax, prior to processing your order.  The full amount will then be charged to your card once your order ships.  Pre-authorizations reserve the total dollar amount on your credit card (or funds available through your debit card) to pay for your order.  Pre-authorizations will drop off of your account within 1-7 days, depending on your card issuer.

Shipping

Customer is responsible for all shipping and freight charges; default delivery terms are DAP (Delivered At Place).  Orders received prior to 4:00 PM (Eastern Standard Time) will be shipped by the following business day, subject to availability. Inventory will fluctuate on seasonal items.  Orders are normally shipped by Federal Express Smart Post and we offer the expedited options as well.  Seller will not be responsible for shipping delays caused by a carrier or weather incidents.  Shipping charges may be billed separately on credit card orders if shipping method changes are requested after order is placed.

Customer must notify Seller at time of purchase if a signature is required for residential deliveries.  Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.

Seller may offer to back-order or pre-sell products from time to time.  When the Customer chooses "ship my items as soon as they become available" at time of checkout, and a mixture of in-stock and back-ordered or pre-sell items have been ordered,  Alternative may ship multiple times on a single order.  The first shipment will consist of in-stock items available at the time the order is placed.  Additional shipments will not occur until all back-ordered or pre-sold line items are in stock.  Freight is complimentary on back-ordered items.

Notice of Defects

Customer is responsible for inspecting the merchandise upon receipt.  Customer shall notify Seller in writing within 7 DAYS of Customer's receipt of the merchandise of any claims for damages resulting from delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification.

Under no circumstances will Seller accept claims or returns of merchandise which has been altered, laundered, or modified in any manner.  Unless directed otherwise by a customer experience representative, all damaged or incorrect items will need to be sent back to Alternative to receive credit.

Returns and Cancellations

Authorized returns and exchanges must be postmarked within 30 days after Customer's receipt of merchandise.  All returned merchandise must be accompanied by a completed Return/Exchange Form.  Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller's error.  Alternative is not responsible for lost shipments on items being returned.  Alternative will cover the shipping costs for exchanged items to the Customer only when the exchange is due to our error.  All sales are final on "final sale" clearance items.  Returns are accepted on regular promotional sale items.  Returns will not be accepted on merchandise that has been altered, laundered or modified in any way.  All damaged or incorrect items will need to be sent back to Alternative in order to receive credit.  Alternative will provide a prepaid shipping label to Customer for any damaged or incorrect item that needs to be returned to Alternative.

Obtaining A Return Authorization

Each shipment will contain a "Return Form".  This form is provided for Customer's convenience.  Please ship your return to us via USPS to the following address:

Alternative®
Attn: Returns Department
1650 Indian Brook Way
Norcross, GA 30093

Customer Acceptance of Late or Defective Merchandise

Customer's failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.

Prices, Quantities, Styles, and Colors

All prices are subject to change without notice.  All merchandise will be billed at the prices in effect at the time of ordering.  Alternative reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics.  All orders are subject to availability.

Promotional Codes, Coupons, Discounts

Promotional discounts cannot be combined at time of redemption unless otherwise stated in the promotional offer, nor can they be applied to previous purchases.  Promotional codes cannot be applied to gift certificates under any circumstances.  Promotional discounts cannot be applied to tax, shipping and handling, or any similar processing charges.  Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).

Disclaimer of Warranties

Seller cannot guarantee variances in color, shade, size, or construction of merchandise.  Seller hereby disclaims all express and implied warranties, including, without limitation, implied warranties of merchant-ability and fitness for particular purpose.

All such warranties are hereby disclaimed and excluded from any and all transactions between Customer and seller and shall not apply to the merchandise sold by Seller.

Limitation on Liability

Customer acknowledges that Seller shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including but, not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Seller has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the Seller's merchandise.

No Liability For Outside Vendors

Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.

Jurisdiction and Governing Law

Seller is headquartered in the State of Georgia, United States of America.  These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Georgia (without regard to its conflicts of laws principles) and the federal laws of the United States of America.  If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.

Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Georgia and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Georgia in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.

Force Majeure

Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation here-under caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.

Use of Materials Located on This Site: Copyrights, Trademarks and Restrictions

All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Alternative or the party credited as the provider of the material.  The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright.  You shall abide by all copyright notices and other restrictions contained in any material accessed through the website.  No material from this website or any website owned, operated, licensed, or controlled by Alternative may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.  Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights.  The use of any such material on any other website or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to Alternative or the other designated owner of a posted mark.  Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Miscellaneous

These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.

Questions and Comments

Thank you for reading and agreeing to these Terms and Conditions of Sale.

Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to contactus@alternativeapparel.com or by standard mail to Seller at the following address:

Alternative®
Attn: Customer Experience
1650 Indian Brook Way
Norcross, GA 30093

User Generated Content

Alternative does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Alternative Website.  After posting your Content to the Alternative website, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.  By displaying or publishing ("posting") any Content on or through the Alternative Website, you hereby grant to Alternative a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Alternative Website, including without limitation distributing part or all of the Alternative Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the Alternative Website.  This limited license does not grant Alternative the right to sell or otherwise distribute your Content outside of the Alternative Website.  After you remove your Content from the Alternative Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.  If after we have distributed your Content outside the Alternative Website you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside the Alternative Website as soon as practicable after you make the change.

If at any time you wish to remove your submitted Content from this site, please email contenteditor@alternativeapparel.com.

The license you grant to Alternative is non-exclusive (meaning you are free to license your Content to anyone else in addition to Alternative), fully-paid and royalty-free (meaning that Alternative is not required to pay you for the use on the Alternative Website of the Content that you post), sub-licensee (so that Alternative is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Alternative Website), and worldwide (because the Internet and the Alternative Website are global in reach).

You represent and warrant that: (i) you own the Content posted by you on or through the Alternative Website or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Alternative Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Alternative Website.

The Alternative Website contains Content of Alternative ("Alternative Content").  Alternative Content is protected by copyright, trademark, patent, trade secret and other laws, and Alternative owns and retains all rights in the Alternative Content and the Alternative website.  Alternative hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Alternative Content (excluding any software code) solely for your personal use in connection with viewing the Alternative Website and using the Alternative Website.

The Alternative website contains Content of Users and other Alternative licensors.  Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Alternative website.

Alternative performs technical functions necessary to offer the Alternative Website, including but not limited to trans-coding and/or reformatting Content to allow its use throughout the Alternative website.

Alternative may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Alternative violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.  Alternative assumes no responsibility for monitoring the Alternative website for inappropriate Content or conduct.  If at any time Alternative chooses, in its sole discretion, to monitor the Alternative website, Alternative nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Alternative website, and any material or information that you transmit to other Members and for your interactions with other Users.

Affiliate Program Terms & Conditions

Trademark bidding is NOT allowed.  Bidding is not permitted on the Alternative trademark, or any variation or misspelling of the trademark.  Affiliates are not permitted to bid on these TM’s + keyword.  Please note:  Affiliates that violate the TM policy will be immediately removed from the Alternative Apparel affiliate program, and all unlocked commissions will be reversed.

Please note, we may allow select publishers to bid on the TM + term, such as Alternative Apparel coupon code, etc.

I. Direct Linking is not allowed.  Affiliates are NOT allowed to use Alternative (or any variation containing the trademark) as the display URL.

II. All links used in campaigns must be current.  Affiliates running outdated links on their site(s) are subject to dismissal from the program.  Hijacking links from other sites is strictly prohibited.  Affiliates are permitted only to use links that are available from the eBay Enterprise Affiliate Network.

III. Incentivized sites are allowed on a case-by-case basis.  If you are using incentivized methods and are not approved by the eBay Enterprise Affiliate Network quality team, affiliates may be subjected to commission reversal and expiration from our program.  Please contact the affiliate manager for more details.

IV. Email campaigns are allowed on a case-by-case basis.  Affiliates must be Can-SPAM compliant.  Please contact the affiliate manager for information on suppression lists and content.  Any affiliate that runs email campaigns without contacting us first is considered in violation of our terms and conditions.

V. Downloadable software is allowed on a case-by-case basis.  If you are using software and are not approved by the eBay Enterprise Affiliate Network quality team, affiliates may be subjected to commission reversal and expiration from our program.  Please contact the affiliate manager for more details.