Legal

Terms of Sale

PLEASE READ THIS POLICY CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

These terms and conditions apply to the purchase and sale of merchandise through www.equalitude.com (referred to as the “site”). By placing an order for merchandise, you represent that you are over eighteen years of age and agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you should not obtain merchandise from this site. These terms and conditions are subject to change by Equalitude (sometimes referred to as “us” or “we”) without prior notice at any time, in our sole discretion. You should also review carefully our Privacy Policy before placing an order for merchandise through this site.

Order Acceptance and Cancellation

We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card account has been charged and your order is canceled, you will receive a prompt refund to your credit card account. Once an order has been placed, it cannot be canceled by you. We are not responsible for orders that are not received due to technical difficulties transmitting to or within our site.

Payment Terms and Sales Taxes

Payment must be received by us prior to shipping your order. We accept payment by VISA, MasterCard, AMEX and Discover Card for all purchases. You represent and warrant that: (a) all credit card information you supply to us is correct, (b) charges incurred by you will be honored by your credit card company, (c) you will pay all charges incurred by you, including any applicable sales taxes (currently, only on orders shipped to New York). All payments must be in United States dollars. Your current billing address and telephone information must be included with every order.

Changes in Merchandise

We constantly update our merchandise, and may discontinue merchandise at any time without notice. We will not be liable for the lack of availability of merchandise through our site. All pricing for the merchandise available on our site is subject to change.

Shipping Policy

We endeavor to ship all merchandise the next business day after processing each order and offer USPS First Class Mail Shipping. Should you require other additional shipping options, please contact us directly and we will be happy to assist you. We use only national carriers (UPS, FedEx, DHL and USPS) with Next Day, 2 Day and Ground delivery options available for most items. Rural addresses, as determined by the carrier, may require additional time for delivery and, as with addresses containing a P.O. Box or APO Box number, and delivery by DHL or USPS, do not qualify for guaranteed on time delivery. No C.O.D. orders can be accepted. All merchandise purchased is F.O.B. our fulfillment center. Your signature at time of delivery may be required. If you refuse delivery of any merchandise, you authorize us to charge a $25.00 fee to your card account on file with us to compensate us for return shipping and handling. There may be occasional delays beyond our control and the normal shipping time. If the delay is more than five days, we will send you an e-mail message notifying you of the delay. If the delay is less than five business days, we will ship the merchandise as soon as it is received. You must notify the carrier and us of non-receipt of any merchandise within fifteen days from the date of purchase. Failure to notify the carrier and us within this 15-day period constitutes your waiver of all claims for loss of merchandise. International customers are responsible for all import duties and custom charges for merchandise sent outside of the U.S. and you authorize us to charge your credit card account for any and all unpaid duties and charges.

Promotions

By accepting a promotional offer you agree to pay the full retail price (including any applicable sales tax) of the promotional merchandise or service in the event that your order no longer qualifies for the promotional offer due to a return or exchange of merchandise and in such event you authorize us to charge the full retail price of the promotional merchandise or service to your credit card account on file with us or deduct that amount from any refund, exchange or online store credit otherwise due. Promotions may include free merchandise, free shipping, discounts based on quantity and/or any other promotional value.

Advertising Disclaimer and Trademarks

In the event merchandise is listed at an incorrect price or with incorrect information due to a typographical error on our site, we shall have the right to cancel any orders placed for merchandise at the incorrect price, whether or not the order has been confirmed and your credit card account charged. If your credit card is charged and your order is cancelled, we will immediately issue a credit to your account.

Disclaimer and Limitation of Liability

Our responsibility for defects relating to the merchandise available on our site is limited to the procedures described in our return policy set forth below. ALL MERCHANDISE AVAILABLE ON THIS SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, USE, OR PERFORMANCE OF THE MERCHANDISE AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE MERCHANDISE ORDERED THROUGH OUR SITE DURING THE SIX (6) MONTHS PRECEDING SUCH ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF MERCHANDISE THROUGH OUR SITE.

Return Policy

We offer a return policy within thirty days of receipt on all products provided all returned merchandise must be 100% complete and must be unworn with all packaging intact. To return products, you must e-mail us at customerservice@equalitude.com and obtain a Return Merchandise Authorization (RMA) number within the 15-day period and before shipping the item. No returns of any type will be accepted without an RMA number. To expedite the processing of your return, we require that merchandise be returned within fifteen days of the date that we issue the RMA. Returns will only be eligible for a product exchange or an online store credit. You are responsible for insuring that your return reaches us within the required time limits. You are responsible for shipping charges on returned items. You must insure the shipment or accept the risk of loss or damage during shipment. If your order arrives in a damaged condition, you must save the merchandise and the original packaging it arrived in, and notify us immediately to arrange for a carrier inspection and a pick up of the damaged merchandise. Defective merchandise may be returned directly to us only within thirty days from the invoice date, and at our discretion, you will be offered an online store credit, replacement, or exchange.

Force Majeure

We shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbances, war, fire, accident, adverse weather, inability to secure transportation, governmental acts or regulations, and other causes or events beyond our reasonable control.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect hereto. Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

Governing Law

This site is controlled by us from our offices within the State of New York. It can be accessed throughout the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site you agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of merchandise available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Nassau County and the United States District Court for the southern District of New York with respect to such matters.