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This website is operated by Last Brand, Inc. (“Quince”). Throughout this website, the terms “we”, “us” and “our” refer to Quince. We offer this website, including all information, tools, products, and services available from this website (our “Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting this website, you engage in our Service and thereby enter into an agreement with us to be bound by these terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including also your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Governing Law and Dispute Resolution” section below. These Terms of Service apply to all users of our Service, 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 Service. If you do not agree to all the Terms of Service, then you may not access this website, use our Service, or purchase any of our products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 1 - GENERAL 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 of residence and you have given us your consent to allow any of your minor dependents to use our Service. You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. 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 our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service without express written permission by us.
The use of our Service including without limitation the purchase of our products does not transfer to you any intellectual property owned by us or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with us. All trademarks, service marks, graphics, and logos used in connection with our Service or products are trademarks or registered trademarks of Quince or Quince licensors. Other trademarks, service marks, graphics, and logos used in connection with our Service or our products may be the trademarks of other third parties. Your use of our Service grants you no right or license to reproduce or otherwise use any of our or third-party trademarks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available through our Service is not accurate, complete or current. The material within our Service 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 within our Service is at your own risk.
Our Service 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 our Service 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 Service.
Occasionally there may be information within our 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 our Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 3 – PRICES AND SERVICE
Prices for our products are subject to change without notice, including without limitation the eligibility or availability of any offer or discount of any kind, whether or not such offer or discount was communicated to you by us, through our Service, or through others. We reserve the right at any time to modify or discontinue our Service (or any part or content thereof, including without limitation any offer or discount) 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 our Service.
All offers, credits, and discounts of all kinds from any sources (within or outside of our Service and/or offered by us or by others) are applicable on their own only and cannot be combined with any other offer, credit, or discount whatsoever.
We undertake no obligation to update, amend or clarify information in our Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Service or on any related website, should be taken to indicate that all information in our Service or on any related website has been modified or updated.
Unless otherwise expressly promised by us directly and specifically to you (and unless otherwise modified, changed, suspended, or discontinued by us pursuant to our rights under this Section), all offers, discounts, and credits you receive from us expire automatically on the sixtieth day after your receipt of such offer, discount, or credit, provided, however, we reserve the right to allow you to enjoy the benefit of such offer, discount, or credit beyond such time in our sole discretion.
SECTION 4 - 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 email 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 Return Policy.
SECTION 5 - 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 our Service 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 our Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 6 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include services and/or materials from third parties.
Third-party links through our Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Some of the links found through our Service may be "affiliate links." This means that if you click on the link and purchase an item, we may receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any third-parties or the content of their websites. We do not assume any responsibility or liability for other third parties' actions, products, services, and content. You should carefully review the legal statements and other conditions of use of any website you access through a link from our Service. Your linking to any other off-site websites is at your own risk.
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, exploit for any business use, 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 our Service or any related website. You may not use a false email 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.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - PROHIBITED USES
We reserve the right to refuse our Service to anyone for any lawful reason at any time. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our Service 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 our 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 our Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Service or any related website for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
All products available through our Service are available exclusively online through our website unless otherwise specified or allowed in our sole discretion. These products 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 through our Service. We cannot guarantee that your computer monitor's display of any color or images will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any product or service made through our Service is void where prohibited.
We do not warrant that the quality of any products, Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Service will be corrected. 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 expressly agree that your use of, or inability to use, the products or services within our 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 Quince, 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 our Service including any products procured using our Service, or for any other claim related in any way to your use of our Service or any product, including, but not limited to, any errors or omissions in our Service or any product, or any loss or damage of any kind incurred as a result of the use of our Service or any product made available via our 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.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Quince 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 agreements they incorporate by reference, or your violation of any law or the rights of any third-party.
SECTION 12 - TERMINATION
The obligations and liabilities of the parties shall survive the termination of this agreement.
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 Service, or when you cease using our Service.
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/or accordingly may deny you access to our Service (or any part thereof).
SECTION 13 - ENTIRE AGREEMENT
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.
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 our Service constitutes the entire agreement and understanding between you and us and govern your use of our 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.
SECTION 14 - GOVERNING LAW AND DISPUTES
The formation, interpretation, and performance of these Terms of Service and any separate agreements between or among you and us, and any disputes arising out of such shall be governed by the substantive and procedural laws of Delaware, the United States, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
In the event that there is a dispute, claim, or controversy between you and us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on our behalf (including the transmission of mobile messages), arising out of or relating to federal or state statutory claims, common law claims, these Terms of Service, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in San Francisco, CA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial, agree the exclusive and sole venue for such a proceedings shall be the state and federal courts situated in Dover, Delaware, and waive the defense of inconvenient forum. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our programs.
SECTION 15 - SMS / MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Quince is offering a mobile messaging program (the “Mobile Message Program”), which you agree to use and participate in subject to all Terms, including those within this Section 15. This Section is limited to the Mobile Message Program and is not intended to modify other Terms that may govern the relationship between you and us in other contexts. In the case of any conflict, inconsistency, or variance between the Terms and the provisions of this Section relating to the Mobile Message Program, the terms of this Section shall apply.
User Opt In: The Mobile Message Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Mobile Message Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Mobile Message Program, you agree that these Terms applies to your participation in the Mobile Message Program. By participating in the Mobile Message Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Mobile Message Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Mobile Message Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Mobile Message Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Mobile Message Program.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Mobile Message Program, users that opt into the Mobile Message Program can expect to receive messages concerning the marketing and sale of apparel, accessories, jewelry, home products and other everyday items.
Cost and Frequency: Message and data rates may apply. The Mobile Message Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: For support regarding the Mobile Message Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org Please note that the use of this email address is not an acceptable method of opting out of the Mobile Message Program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Mobile Message Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Mobile Message Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Mobile Message Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. When you complete forms online or otherwise provide us information, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Mobile Message Program for an ulterior purpose, we may refuse you access to the Program and pursue any appropriate legal remedies.
Age Restriction: You may not use or engage with the Mobile Message Program if you are under thirteen (13) years of age. If you use or engage with the Mobile Message Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Mobile Message Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Mobile Message Program, or are of adult age in your jurisdiction. By using or engaging with the Mobile Message Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Mobile Message Program.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Mobile Message Program. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
SECTION 16 - OTHER
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
You can review the most current version of the Terms of Service at any time at this page.
Questions about the Terms of Service should be sent to us at email@example.com