Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.
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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail 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.
Products marked with “Final Sale” or similar designation are not eligible for return: refund, or exchange. Return requests for these items will not be honored, and return packages may be refused upon delivery if not previously authorized by customer service.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by the Company.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote the Company’s products and services available in the United States. The Sites are controlled and operated by the Company from its offices in Amsterdam, New York.
User Comments, Feedback, and Other Submissions
If you send us creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that the Company may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to the Company is 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. The Company has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead The Company or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. The Company takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Sites
The Company respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please read this Section carefully.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
Physical or electronic signature of a person authorized to act on behalf of the owner or an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works); Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Service; The name, address, telephone number, and email address of the complaining party; A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner or the law; and A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent Pairsmith LLC, 207 Wallins Corners Road, Ste 102 Amsterdam, NY 12010 , with a copy to Fridman Law Group, PLLC, 169 Bowery, New York, NY 10002. We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
Please note that, pursuant to applicable law, the Company adopts a policy of prohibiting access to Users who are the subject of repeated infringement claims under the DMCA.
Product Information, Shipping & Return Policy
All products displayed on the Sites are available online only. The prices displayed on the Sites are quoted in U.S. Dollars.
Shipping rates and terms can be found at this link: https://pairsmith.com/pages/faq
Our return policy can be found at this link: https://pairsmith.com/pages/return-policy
If you have any questions about returns or exchanges, please contact us at firstname.lastname@example.org.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
The Sites may contain links to other Web sites that are not under the control of the Company. The Company has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.
The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. The Company expressly disclaims any duty to update or revise the materials on the Sites, although the Company may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. The Company shall not be liable for any damages of any kind related to your use of the Sites.
You agree to defend, and hold the Company harmless from and against any and all claims, damages, costs and expenses (in all causes of action, whether arising in tort, contract or otherwise), including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to the Company at: 207 Wallins Corners Road, Ste 102 Amsterdam, NY 12010 or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of New York, County of New York. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of The Company's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
These terms are effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time. The Company also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
As a part of our commitment to your privacy, Pairsmith supports and adheres to the guidelines and practices adopted by the Direct Marketing Association's "Privacy Promise to American Consumers." We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale, or exchange with other marketers; (2) honor customers' requests not to share their contact information with other marketers; and (3) honor customers' requests not to receive mail, telephone, or other solicitations from Pairsmith.
COLLECTING INFORMATION ABOUT YOU
There may be times (such as when you purchase or order a product, subscribe to a service, register to receive catalogs, or to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, birth date, gender, occupation, personal interests, and other information. We may also maintain a record of your product purchases.
Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our web sites. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.
In general, you can visit many of our web pages without telling us who you are or revealing any contact information about yourself. We may track the Internet domain address from which people visit us, other electronic markers and identifiers and other information about our site and mobile app traffic. We may analyze this data for preferences, trends, site usage statistics and to recognize you. We may also receive usage data from your mobile phone or other device you use to access our web sites or our mobile applications, including location data, which we may also combine with other information.
USING INFORMATION ABOUT YOU
We use your contact information to fulfill your orders and for analytical and marketing purposes, such as:
- confirming and tracking your order, subscription, or registration;
- analyzing preferences, trends, and statistics;
- informing you of our new products, services, and offers; and
- providing you with other information from and about Pairsmith.
We contact you only in ways compatible with your communication choices. To the extent necessary for such purposes, we take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable.
From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. These are known as our Select Partners. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you, and to fulfill your orders.
To serve you better, we may combine information you give us online, in our stores or through our catalogs. We may also combine that information with publicly available information and information we receive from or cross-reference with our Select Partners and others, including providers of third-party cookie and other third party browsing and use data. We use that combined information to enhance and personalize the shopping experience of you and others with us, and to recognize our customers so that we can communicate with you directly about our products and events that may be of interest to you, and for other promotional purposes.
We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services.
In certain instances, we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Pairsmith or to others. We may also disclose your contact information when we believe the law or legal process requires it.
OPTING OUT OF MARKETING AND TRANSFERS; UPDATING AND DELETING INFORMATION ABOUT YOU
We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us or from our Select Partners, or if you would like to opt out of our rental or exchange of your information with other marketers, please let us know by sending us an email to email@example.com. Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other contact information with us please contact us the same way. If you like, you may use one of the following statements in your message to us:
- I prefer not to receive email advertisements, such as updates regarding products and services, special promotions or upcoming events.
- I prefer not to receive direct mail advertisements, such as periodic catalogs and mailings regarding products and services, special promotions or upcoming events.
- I prefer not to have my contact information provided to third parties for their marketing purposes.
Please note that any requests to remove or update your contact information may take up to ten days for your email request and 6-8 weeks to process your postal mail request. Please also note that such requests will be processed by Pairsmith, but not by our Select Partners. If you wish to update or remove your contact information from a Select Partner’s marketing list, please contact such Select Partner directly.
INTERNATIONAL CUSTOMER PRIVACY
If you choose to provide Pairsmith with your information, you consent to the transfer and storage of that information on our servers, and to sharing of such information with our Select Partners.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our web sites use Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.
We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.
Pairsmith takes special care to protect the safety and privacy of children. Our web sites are general audience sites. We do not permit anyone under the age of 13 to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of 13.
Children under the age of 13 should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the Internet.
California users under the age of 18 may request the removal of their content or information publicly posted on web sites or mobile applications by sending us an email to firstname.lastname@example.org. Please note that most of the user content that appears on our Site or Services is stored and controlled by third party providers; thus, complete and comprehensive removal of the content may not be possible.
LINKS TO THIRD PARTY SITES
Effective Date: January 19, 2021
The Great Fall Giveaway 2021 - Official Rules
NO PURCHASE NECESSARY. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- PROMOTION DESCRIPTION: The Great Fall Giveaway ("Sweepstakes") begins on October 30, 2021 at 12:00 a.m. ET and ends on November 2, 2021 at 12:00 a.m. PST. (the "Promotion Period").
The sponsor of this Sweepstakes is Pairsmith LLC ("Sponsor").
By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Sponsor may be reached by email at email@example.com during the Promotion Period.
- ELIGIBILITY: Open to legal residents of U.S. and D.C. residents who are at least 18 years old at time of entry (the "Entrant"). This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
- HOW TO ENTER: Enter the Sweepstakes during the Promotion Period (08/30/2021 - 08/1/2021) by entering your email address at pairsmith.com/signup. Email entry is not necessary to win.
Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant's Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Sponsor's database clock will be the official timekeeper for this Sweepstakes.
- PRIZES: One (1) winner will receive one (1) prize pack, with each product coordinated and distributed by the individual vendors ("Sweepstakes Entities") to the winner directly, for a total approximate retail value, “ARV”: $1,087. The prize pack includes: HELM Declan Boots or Bradley Shoes (up to $250 value), Stuart and Lau Cary Brief Case ($335 value), Bridge and Burn Shirt (up to $128 value), Bluffworks Ascender Chinos ($125 value), and Ritter Rittervest ($249 value). No discount codes or coupons will apply. Limited 1 prize per winner, not eligible to be applied towards previous purchases. Prizes cannot be transferred, redeemed for cash or substituted by winners. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason.
- WINNER SELECTION: The Winner of the Sweepstakes will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted November 2, 2021 by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received.
- WINNER NOTIFICATION: Winner will be notified by email from firstname.lastname@example.org on or after November 2, 2021 after the random drawing. Potential Winner must accept a prize by email as directed by Sponsor within 14 days of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive socal account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any social account. Prizes will be distributed to the winners’ U.S. or D.C. address by November of 2021.
Any winner(s) notification not responded to within fourteen (14) days or returned as undeliverable may result in prize forfeiture in which case a new winner(s) will be chosen.
- LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such an event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes.
This Sweepstakes is open to legal residents of U.S. and D.C. residents and Prize will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
9. SPONSOR: Pairsmith, 207 Wallins Corners Road, Ste 102 | Amsterdam, NY 12010, email@example.com.