These Terms and Conditions (“Terms”) govern your access to and use of WorthingtonClothes.com and any content, functionality, products, and services offered on the website (collectively, the “Website”).
Please read these Terms carefully before using our Website. By accessing or using the Website, you agree to be bound by these Terms and represent you have read and understood them. If you do not agree to the Terms below, you may not use the Website.
1. Company Information
The Website is owned and operated by Worthington Clothing® (“Worthington,” “we,” “us,” “our”). We are a US company incorporated in New York. Our registered address is 123 Main St. New York, NY 10001.
2. Use of the Website
The Website is for your personal and non-commercial use. You may browse, shop for products, and learn about Worthington Clothing®. You agree to use the Website only for lawful purposes and in accordance with these Terms.
You are solely responsible for any access or use of the Website through your internet connection, IP address, and credentials. You agree to not share your account credentials or transfer them to any third party. You are fully responsible for all activities occurring under your account.
3. Intellectual Property Rights
The content on the Website including text, graphics, logos, images, product descriptions, and other material is the property of Worthington Clothing® and protected by US and international copyright and trademark laws. All rights are reserved.
You may temporarily download, print, or store reasonable portions of the material for your personal and non-commercial use. You may not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content without the prior express written permission of Worthington Clothing®.
The Worthington name and logo are registered trademarks of Worthington Clothing®. Other product and company names mentioned on the Website may be trademarks of their respective owners. Worthington respects the intellectual property rights of others. If you believe your intellectual property is being infringed, please email [email protected].
4. User Content
You are responsible for any material you contribute to the Website including product reviews, comments, and any other content. You represent that you own or have the necessary license to use any content you submit.
By submitting content, you grant Worthington Clothing® a worldwide, perpetual, irrevocable, transferrable, royalty-free license to use, copy, modify, distribute, and publicly display your content in any way. You are prohibited from posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, or indecent material.
We have no obligation to monitor, screen, post, or retain any user submissions. We reserve the right to remove, edit, block, and delete any content in our sole discretion without notice. User content does not represent the views or opinions of Worthington Clothing®.
5. Use Restrictions
You agree not to:
- Copy, store, edit, change, prepare any derivative work, or alter in any way materials from the Website for any purpose.
- Use the Website for any commercial purpose not authorized by Worthington Clothing® in writing.
- Use any data mining, robots, or similar data gathering methods.
- Circumvent, disable, damage, remove, or otherwise interfere with any security features or functionality.
- Attempt to gain unauthorized access to the Website in any manner.
Additional restrictions may apply to certain content, services, materials, or information contained on or available through the Website. You agree to comply with all applicable laws and any applicable posted website policies.
6. Products and Pricing
All product prices and availability are subject to change without notice, at our sole discretion. We make reasonable efforts to accurately represent our products including colors, sizes, and other depictions. These representations may vary slightly from the physical product. Product descriptions are not a guarantee or warranty of any kind.
In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel orders placed for that item. If payment has already been processed, we will promptly issue a refund. Worthington Clothing® cannot confirm the price or availability of an item until an order is placed.
7. Payment and Checkout
All purchases are subject to approval and agreement to these Terms during the checkout process. If payment cannot be authorized or collected, your order may be cancelled or payment details updated.
When you provide payment information, you authorize Worthington Clothing® to charge your chosen payment method. We utilize a third-party payment processor which collects, processes, and stores payment information according to their own privacy policies.
Worthington Clothing® cannot guarantee the availability or security of any payment method. We are not liable for any issues arising from the third-party processor services. By submitting an order, you agree to pay all charges incurred at the prices in effect when the order is placed. Taxes and shipping costs are additional.
8. Shipping, Delivery, and Returns
We make every effort to ensure accurate delivery time estimates provided during checkout. However, delays can occur during processing, transit, or delivery. Worthington Clothing® cannot guarantee specific delivery dates or times once an order is placed.
You have the right to return eligible items within 30 days of delivery for a full refund. All merchandise must be returned in original condition with tags still attached. Customized, worn, washed, damaged, or missing items cannot be returned. You are responsible for all shipping and handling charges related to returns.
We are unable to ship orders to a PO Box, military base, or any country outside the United States. When you place an order, you authorize the shipment of merchandise and agree to pay all shipping costs. Worthington Clothing® is not liable for lost, stolen, or damaged shipments caused by the shipping carrier.
9. Termination
We reserve the right to suspend, restrict, or terminate your access to the Website at any time for any reason without notice or liability. We may delete your account and any content you have contributed permanently.
If you breach any provision of these Terms, your authorization to access the Website automatically terminates. You must immediately destroy any downloaded materials upon termination for any reason. The following sections will survive termination: Intellectual Property Rights, Warranty Disclaimers, Indemnity, Limitation of Liability, and General Terms.
10. Warranty Disclaimers
Your use of the website is at your sole discretion. Worthington Clothing® provides the website “As Is” and “As Available” without warranty of any kind. We disclaim any and all representations and warranties, whether express, implied, arising out of course of dealing, or by operation of law. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not represent or warrant the website is accurate, complete, reliable, current, error or virus-free, or secure. We cannot guarantee uninterrupted or secure access to the website. Unauthorized access could occur due to circumstances outside of our control. We are not responsible for any errors, omissions, interruptions, deletions, defects, delays, or computer viruses which could affect your computer or mobile device.
11. Indemnity
You agree to fully indemnify, defend, and hold harmless Worthington Clothing® and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand made by any third party, arising out of or related to your access or use of the Website, violation of the Terms, infringement of intellectual property or other proprietary rights, or violation of applicable laws.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WORTHINGTON CLOTHING® BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO ACCESS THE WEBSITE OR ANY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES PROVIDED FAIL IN THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF WORTHINGTON CLOTHING® TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
13. Modifications to the Website
We reserve the right to modify, update, suspend, discontinue, or restrict access to the Website at any time and without notice or liability. We may change, amend, or revise these Terms periodically. Continued use of the Website constitutes agreement to the most recent Terms. It is your responsibility to review these Terms for any changes each time you access or use the Website.
14. Governing Law
These Terms and your access to and use of the Website will be subject to the laws of the state of New York and all applicable federal laws in the United States. Any dispute related to these Terms or the Website will be handled exclusively in the courts located in New York, NY.
15. Severability
If any provision of these Terms is found unenforceable, it shall not affect the validity of the remaining terms. Unenforceable provisions will be modified to reflect the intent of the original language as closely as possible.
16. No Waiver
Any failure by Worthington Clothing® to exercise rights under these Terms does not constitute waiver of our right to enforce any provision at a later time. All rights granted to us under these Terms will survive termination of the agreement between us.
17. Entire Agreement
These Terms constitute the entire agreement between you and Worthington Clothing® related to use of the Website. No representations, statements or prior agreements will be binding unless expressly contained in these Terms. Any additional or conflicting terms shall be null and void unless expressly agreed to in writing.
18. Contact Us
If you have any questions about these Terms, please contact us at:
Worthington Clothing®
123 Main St.
New York, NY 10001
[email protected]
These Terms were last updated on January 1, 2023.