This website (the "Site") is owned and operated by Velvet, LLC ("Velvet"), the manufacturer of Velvet by Graham & Spencer branded goods and other fine products. The Site is provided as a service to our customers. Please review the following terms and conditions of use which governs your use of the Site (the “Terms of Use”).
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF USE, THEN YOU SHOULD DISCONTINUE ACCESS AND USE OF THE SITE.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AS DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND VELVET WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU FURTHER WAIVER YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION.
You must be at least 18 years old to accept these terms of Use and to use this Site. This Site is not intended for users under the age of 18. If you are under 18 and do not have consent to use this Site from your parents or legal guardian, you may not use this Site.
Velvet may change these Terms of Use from time to time. If we make material changes to these Terms of Use, we will indicate on the updated Terms of Use that changes have been made. Your continued use of the Site following any such change constitutes your agreement to the updated Terms of Use. If you do not agree to or are not able to comply with the updated Terms of Use, you should discontinue your use of the Site.
Velvet respects your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy, here: https://velvet-tees.com/pages/privacy-policy.
When you register an account or make a purchase on our Site or from one of our retail stores, you may be asked to provide certain details including, but not limited to, your name, address, birthday, gender, preferred shopping categories, email subscription lists, store location and e-mail address. By subscribing to our mailing list or filling out a customer information card, you may be able to receive information regarding promotions, events, sample sales, and more information about Velvet products. You may unsubscribe at any time by clicking the Unsubscribe button on the Site or by sending a request to unsubscribe to our offices via email at info@velvet-tees.com. Please also refer to Velvet’s Privacy Policy which describes how your information and user content will be handled.
We reserve the right to accept or reject orders placed on our Site or limit or cancel quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.
You shall not use this Site for any illegal purposes and you must use it in compliance with all applicable laws and regulations. You shall not use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or which would otherwise impair the effectiveness or functionality of the Site. You agree not to attempt any unauthorized access to any part or component of the Site.
This Site is operated by Velvet from our offices in California, USA. Velvet makes no representations that the use or the content of the Site is appropriate or lawful in territories or jurisdictions outside of the United States or that any products are available outside of the United States. Use or access of this Site from countries or territories where the use of the Site or any of its content is illegal, unlawful, or violative of obscenity, privacy or other laws is strictly prohibited. Those who choose to access this Site from other countries or territories do so at their own risk and such users are solely responsible for compliance with applicable local laws and regulations.
Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, product names, company names, copyrights and copyrightable materials, trademarks, trade dress, service marks and other Site content (collectively referred to herein as the "Site Content") are the exclusive property of Velvet or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You are granted permission to display, copy, distribute, and download Site Content solely for personal, non-commercial use provided that you make no modifications to the Site Content and that all copyright and other proprietary notices contained in the Site Content are retained. Any permission granted under these Terms of Use terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. Use of Site Content not specifically permitted under these Terms of use is strictly prohibited.
You may submit, offer, contribute, post or otherwise provide to the Site content, such as ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions (collectively, “User Content”). You grant to Velvet a non-exclusive, transferable, sub-licensable, paid-up, royalty-free, worldwide license to use any User Content. This license includes, without limitation, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content (in whole or part) worldwide and/or to incorporate it in other works or materials in any form, media, or technology now known or later developed, in both digital and physical channels, for any purpose. Velvet shall not be obligated to (i) to maintain User Content in confidence; (ii) pay you any compensation for User Content; (iii) credit or acknowledge you for User Content; or (iv) respond to User Content. You acknowledge and agree that it is your obligation to make sure the User Content does not violate the rights of any third party, including copyright, trademark, privacy or other rights. You also acknowledge and agree that User Content may not contain libelous or otherwise unlawful, abusive, obscene, violent, or otherwise objectionable material as determined by Velvet in its sole discretion. You may not use the Site or submit User Content to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online services, whether or not such other services are competitive with Velvet. Velvet shall have the right, but not the obligation, to monitor User Content, including User Content submitted to chat rooms and forums, to determine compliance with these Terms of Use or any rules or policies established by Velvet and to satisfy any law, regulation or authorized government request. Velvet shall have the right in its sole discretion to edit, refuse to post or remove any User Content submitted to or posted on the Site. Without limiting the foregoing, Velvet shall have the right to remove, at any time and without notice to you, any material that Velvet, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Velvet may use and/or disclose information about your demographics and use of the Site disclosed through User Content or otherwise in any manner that does not reveal your identity.
To the extent that this Site contains links to outside services and resources, any concerns regarding any such service or resource, or any link included on this Site, should be directed to the particular outside service or resource. Velvet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.
THIS SITE AND SITE CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT VELVET SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW EXPRESSLY PROHIBITS SUCH EXCLUSIONS, ANY SUCH EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
From time to time there may be information of a verbal, visual or other nature on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. Velvet reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your Velvet purchase, you may return it in accordance with our Return Policy, here: https://velvet-tees.com/shipping-returns.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL VELVET OR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (1) BE LIABLE TO USERS WITH RESPECT TO USE OF THE SITE, THE SITE CONTENT, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VELVET’S RECORDS, PROGRAMS OR SERVICES; AND (2) BE LIABLE TO USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF ITS FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE.
You agree to defend, indemnify and hold Velvet and its affiliates and their officers, directors, employees, agents and shareholders harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with any of the following: (i) any text, materials or content of any kind that you contribute or post to the Site or your access to or use of this Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Velvet in the defense of any claim. Velvet reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without Velvet’s prior written consent.
These Terms of Use may be terminated by Velvet at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers, limitations of liabilities, arbitration and class-action waiver set forth in this agreement and Velvet’s license to User Content, shall survive.
Unless you opt-out (as described below), you agree that all disputes between you and Velvet (whether or not such dispute involves a third party) with regard to your relationship with Velvet, including without limitation disputes related to these Terms of Use, your use of this Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Velvet hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local small claims court, if permitted by that court's rules, and only so long as such matter is pending in that court. You may bring claims only on your own behalf. Neither you nor Velvet will participate in a class action lawsuit or class action arbitration for any claims covered by these Terms of Use. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. If you do so, neither you nor Velvet can require the other to participate in an arbitration proceeding. To opt out, you must notify Velvet in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Velvet, LLC
ATTN: Finance Department
3961 Landmark Street
Culver City, CA 90232
You must include your name and residence address, the email address you use for your Velvet account (if any), and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration provision will be null and void. This arbitration agreement will survive the termination of your relationship with Velvet.
These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. These Terms of Use will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods (if otherwise applicable). For any action at law or in equity relating to the arbitration provision of these Terms of Use or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Velvet exclusively in a state or federal court located in Los Angeles, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.
You agree that any claim you may have arising out of or related to your relationship with Velvet must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
These Terms of Use and the Privacy Policy are the entire agreement between you and Velvet relating to the subject matter herein and shall not be modified except by Velvet in accordance with these Terms of Use. No employee, agent or other representative of Velvet has any authority to bind Velvet with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
If any part of these Terms of Use are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use or any provision of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Velvet welcomes your comments. If you have questions or comments about our policies, feel free to send us an e-mail at info@velvet-tees.com.
We do not permit copyright infringing activities on the Site. We may remove any User Content (as defined in the “Content You Post” section above) if properly informed that the User Content infringe another's copyright rights. We may terminate the ability to submit User Content if, under appropriate circumstances, a person submitting User Content to the Site is determined to be a repeat infringer. If you are a copyright owner or an agent for such owner and believe that any User Content on the Site infringes your copyrights, you may notify us by providing the following information in writing to us at Velvet, LLC, ATTN.: Finance Department, 3961 Landmark Street, Culver City, CA 90232:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(2) Identification of the location where the original or an authorized copy of the copyrighted work exists;
(3) Identification of the User Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Velvet to locate the same;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(5) A statement that you have a good faith belief that use of the User Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
If you fail to comply with all of the requirements above, your notice may not be valid.
