Apocau Clothing LLC. US
Updated: March 2022
By purchasing merchandise, gift cards, and/or e-gift cards from the Apocau Clothing LLC (Apocau Clothing LLC) Website, you agree to be bound by these terms and conditions ("Sale Terms" or "Agreement"), including the Dispute Resolution provision found below with its arbitration agreement and jury trial and class action waivers. Any of the following situations, among others, may be referred to as an order that was purchased from the Apocau Clothing LLC Website for purposes of these Sale Terms: (i) you placed an order via inheritglory.com (desktop or mobile) or (ii) you placed an order via an Apocau Clothing LLC microsite. The current version of the Sale Terms is available at inheritglory.com. Because the Sale Terms are subject to change at any moment without prior notice, please review and save a copy of the Sale Terms prior to placing an order. If you have questions in regard to these Sale Terms and/or any aspect of your order, then please contact the Apocau Clothing LLC Customer Service Department by email at email@example.com.
ORDER AND ACCEPTANCE
- Each part of an order that you submit to Apocau Clothing LLC constitutes an offer to make a purchase. If you have placed your order through the Apocau Clothing LLC Website, then, after Apocau Clothing LLC receives your order, you will receive an email from Apocau Clothing LLC confirming receipt of your order. If you do not receive an email from Apocau Clothing LLC confirming receipt of an order that you placed, please contact the Apocau Clothing LLC Customer Service Department at the contact information provided above before you attempt to resubmit the same order. Please note that Apocau Clothing LLC's confirmation of receipt of your order does not equate to Apocau Clothing LLC's acceptance of your order.
- Apocau Clothing LLC is not deemed to have accepted any part of your order until the requested item(s) has/have been shipped and Apocau Clothing LLC has sent a Shipment Confirmation Email. You may track the progress of your order on the Track My Order page.
- If Apocau Clothing LLC rejects your order due to an error in pricing and/or other information, then Apocau Clothing LLC will notify you at the email address that you have provided. Once the error has been corrected, Apocau Clothing LLC will ask you whether or not you would like to re-submit your order. If Apocau Clothing LLC has notified you that your order has been accepted by sending you a Shipment Confirmation Emai, then you will not be required to pay a price that is greater than the Order Total that is listed in the email. If Apocau Clothing LLC has distributed merchandise that is different from the description of the relevant merchandise (as displayed on the Apocau Clothing LLC Website at the time at which you placed your order), then you may request a return or an exchange. For additional details, please review the Apocau Clothing LLC Returns and Exchanges Policy outlined below.
Although it is unlikely that Apocau Clothing LLC would refuse to accept an order, Apocau Clothing LLC reserves the right to deny any order for any reason, including where the following situations arise:
Product and Pricing Information or Changes
Apocau Clothing LLC strives to provide the most accurate and up-to-date representations of our products on our Website. We take reasonable steps to ensure that pricing, product descriptions, promotions, offers, availability, and other aspects not enumerated are correct at the time the relevant information is entered into the system. However, occasionally, our Website may contain typographical errors, inaccuracies, or omissions that may relate to pricing, and other aspects of products. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any product information is incorrect at any time without prior notice. This includes the right to cancel your order after it has been submitted if there are any inaccuracies on our Website. If this occurs, then Apocau Clothing LLC will contact you so that you are aware of the situation. If you believe your order has been cancelled by mistake, please contact Apocau Clothing LLC by email at firstname.lastname@example.org.
Error(s) in Billing, Payment, and/or Shipping Information
Some orders cannot be processed due to erroneous information that you have provided, which includes, but is not limited to:
- Incorrect credit card or debit card number, expiration date, and/or security value.
- Other incorrect information regarding payment types.
- Incorrect billing information (e.g. when you provide billing information that is inconsistent with the billing information that your financial institution has on record).
- Insufficient or incorrect information regarding your shipping address (e.g. street address, city, state, zip or postal code, etc.).
- Suspected fraudulent information.
Delayed Shipment or Unavailability of Merchandise
If an item of merchandise is delayed out of the Apocau Clothing LLC fulfillment center or becomes unavailable, then Apocau Clothing LLC may cancel the order. If this occurs, then Apocau Clothing LLC will contact you so that you are aware of the situation.
Reshipping of Merchandise
Apocau Clothing LLC's policies do not allow merchandise to be reshipped in any way. Any order that is being shipped to a "Freight Forwarding Company" will not be accepted. A complete listing of countries to which Apocau Clothing LLC ships can be accessed on the Shipping & Handling page.
Resale of Merchandise
Apocau Clothing LLC is a private label brand. In order to protect Apocau Clothing LLC's intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. Apocau Clothing LLC will not accept any order that is deemed to possess characteristics of reselling. Apocau Clothing LLC reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
Previous Fraudulent Order History
Apocau Clothing LLC may refuse to accept any order if fraudulent activity is suspected. Apocau Clothing LLC may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders. Apocau Clothing LLC may refuse any order that is connected with a previous credit card dispute.
ENGAGEMENT WITH APOCAU CLOTHING LLC
Apocau Clothing LLC, reserve the right to block from receiving marketing communications and/or the right to remove and/or unsubscribe from all Company platforms any email address, phone number, and/or mailing address that is associated with a customer who has been determined by the Company to possess characteristics of reselling and/or a customer order that has been determined by the Company to be fraudulent. Company platforms affected by such removal and/or unsubscriptions include, but are not limited to: (i) any of the Company's online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; and/or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing and/or registering for each of the aforementioned platforms in the future.
Returns and Exchanges
If you are not satisfied with your purchase made on the Apocau Clothing LLC Website, return it to us for a refund or exchange subject to the following terms:
- To receive a full refund to the original payment method, merchandise must be returned within 30 days of the order shipment date accompanied with the original receipt, invoice, or order confirmation. Your product must be unworn, still have original tags attached and in it’s original individual packaging in order to return or exchange the item. If there are multiple shipments in an order, then merchandise must be returned within 30 days from the date of the last shipment. The 30-day return period will be applied to the different return methods as follows:
- Return using our online returns and exchanges process: return must be initiated within 30 days of the ship date.
- Returns outside of the online returns and exchanges process: merchandise must be received by the Apocau Clothing LLC within 30 days of the ship date. To initiate a return outside of our online process please contact Apocau Clothing LLC by email at email@example.com
- Merchandise returned after the 30-day return period WILL NOT be accepted for return and affected customers will be contacted for reshipment and billed subsequently for reshipment cost up to or equal to the original order shipping amount.
To return or exchange your merchandise online, enter your order information on the Online Order Return page to start your return now. Upon submitting your online return, you will receive a return label via email. A fee of $10.00 will be deducted from your refund to use this label. Drop off your return at your local postal office, and your refund or exchange will be processed as soon as Apocau Clothing LLC has confirmed receipt of your return.
- Merchandise purchased with expedited Delivery is not eligible for online exchanges.
Promotional Returns: All applicable promotions, discounts, offers, and free or discounted items granted as part of a qualifying purchase will be prorated and applied to your subsequent refund amount. If complimentary merchandise received as part of a qualifying purchase in not included in a return that results in the original transaction falling below the qualifying purchase threshold, and the return transaction is insufficient to cover the value of the complimentary merchandise, you will only be eligible to receive merchandise credit for the value of the return.
If you choose to use your own carrier you will be responsible for return shipping costs.
Merchandise must be returned in its original individual packaging where applicable (e.g. fragrance, shoe, or accessory boxes, etc.).
We refund any unworn merchandise in resalable condition with a copy of your original invoice to the original payment method or order confirmation to the original payment method.
If you purchase merchandise at one of our pop-up events ALL SALES ARE FINAL and will not qualify for a return.
If you have additional questions regarding the above returns and exchanges please contact Apocau Clothing LLC by email at firstname.lastname@example.org.
Quality of Your Merchandise
If you believe that your Apocau Clothing LLC merchandise is faulty, damaged, or does not correspond to its description on our website, email us at email@example.com.
CUSTOMER INITIATED ORDER CANCELLATIONS AND CHANGES
You may make changes to or cancel your order at any time prior to the packing of your order by Apocau Clothing LLC. To make changes to or cancel your order, please contact the Apocau Clothing LLC Customer Service Department by email at firstname.lastname@example.org.
Merchandise on Backorder
Merchandise on backorder is temporarily out of stock. If we are unable to ship any merchandise on backorder within seven (7) days from that date on which the item backorder email was issued, we will notify you at the e-mail address that you have provided. You will not be charged for merchandise on backorder until it ships. Shipping and handling for each item in an order is distributed so it is directly proportional to the cost of an item and will not be charged in the applicable proportional amount until the respective item(s) ship(s). All items in an order will be shipped via the shipping service type selected when placing the order. The status of a backordered item will remain open on an order until the merchandise is in stock and we take payment and ship the merchandise, or until we contact you that that item was cancelled, or if you contact us to change or cancel your order.
PRICES AND PAYMENTS
Apocau Clothing LLC may vary the price of its merchandise at any time. After we accept an order, we will not alter the price, except for merchandise eligible for price adjustment.
Orders That Will Be Shipped to the US and/or Canada
If you have ordered merchandise via the Apocau Clothing LLC Website and Apocau Clothing LLC has reduced the price of any item of merchandise (of the same color and size) in your order, then Apocau Clothing LLC is happy to process a price adjustment for you. Please note that you may only do so within seven (7) days of the date on which you placed your order. Apocau Clothing LLC offers price adjustments only for merchandise purchased at the full price. Each item that you purchase from Apocau Clothing LLC is eligible for only one (1) price adjustment. In order to request a price adjustment, please contact the Apocau Clothing LLC Customer Service Department by email at email@example.com. Please remember to include your order number and other details regarding the merchandise that you believe to be eligible for a price adjustment.
Payments by Credit Card
When you pay for an order using a credit card, Apocau Clothing LLC reserves the right to request additional evidence of your billing information. Please note that all payments with a debit card will be processed in the form of credit. The charge for your order will appear on your credit card statement as "Apocau Clothing LLC." If you contest the validity and/or the amount of a charge pertaining to an order from Apocau Clothing LLC and you believe it to be fraudulent, then please contact Apocau Clothing LLC by email at firstname.lastname@example.org. Apocau Clothing LLC will fully prosecute any fraudulent activity pertaining to the reversal of a valid charge for an order filed and delivered to the customer. In the event that your order has been cancelled, any "authorization hold" will drop off of your account within approximately three (3) to five (5) business days.
Check your receipt and notify customer service by email at email@example.com.. We will refund you the difference between the overcharge and the purchase price.
The charges for shipping and handling will depend on the value of your order, the country to which the merchandise is being shipped, and the delivery date that you requested. You may access a list of Apocau Clothing LLC's shipping and handling charges and Apocau Clothing LLC's terms of delivery on the Shipping & Handling page.
Please read this section carefully — it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, and a jury trial and class action waiver.
- Informal Dispute Resolution Process.
- Should you and Apocau Clothing LLC have a Dispute (as defined below), the parties agree that they will make a good faith effort to resolve it informally. This informal dispute resolution process is a condition precedent to commencing any formal dispute resolution proceeding in arbitration, small claims court, or otherwise. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.
- In connection with any Dispute with Apocau Clothing LLC, you must first send your name, address, telephone number, email address, sufficient information for Apocau Clothing LLC to identify any transaction at issue; and a detailed description of and explanation for (1) your Dispute; (2) the nature and basis of your claim; and (3) the nature, basis, and calculation of the relief sought by email to firstname.lastname@example.org. or by mail to United States Corp Agent Inc 9900 Spectrum Drive Austin, TX 78717 Attn: Apocau Clothing LLC. You agree that you will provide any follow-up information requested by Apocau Clothing LLC in order to meaningfully engage in this process. You and Apocau Clothing LLC agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference upon Apocau Clothing LLC's request. You must personally appear at and participate in this individualized telephone conference, which will be held at a time convenient for you. If you are represented by counsel, your counsel may also participate.
- This process should lead to the resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of the information required above, which can be extended by agreement of the parties, you and Apocau Clothing LLC agree to the further dispute resolution provisions below.
- Any Dispute between you and Apocau Clothing LLC that is not resolved as set forth above shall be resolved through individual arbitration or small claims court. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court.
- This arbitration provision shall be interpreted broadly. "Dispute" means any claim or controversy between you and Apocau Clothing LLC, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, fraud, misrepresentation, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this or any Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. "Dispute" does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision. For purposes of the Dispute Resolution section, "Apocau Clothing LLC" means Apocau Clothing LLC, and any of their predecessors, successors, assigns, parents, subsidiaries, affiliates, vendors and independent contractors, and each of their officers, directors, employees and agents.
- Notwithstanding anything in this arbitration provision to the contrary, either you or Apocau Clothing LLC may elect to have a claim heard in small claims court seeking only individualized relief so long as (1) the amount claimed is within the jurisdiction of that court and (2) the action remains in that court and is not removed or appealed to a court of general jurisdiction.
- Notwithstanding anything in this arbitration provision to the contrary, Apocau Clothing LLC may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights.
- You may reject future changes to this arbitration provision by sending Apocau Clothing LLC written notice by certified mail postmarked no later than thirty (30) days after your first receipt of notice of the change to United States Corp Agent Inc 9900 Spectrum Drive Austin, TX 78717 Attn: Apocau Clothing LLC. Your decision will not adversely affect your relationship with or service from Apocau Clothing LLC. If you previously notified Apocau Clothing LLC of your decision, you need not do so again. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with this Agreement.
- This arbitration provision is governed by the Federal Arbitration Act. Arbitrations shall be heard and determined by a single arbitrator administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (collectively the "AAA Rules") as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer an arbitration in accordance with this arbitration provision, you and Apocau Clothing LLC will agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless you and Apocau Clothing LLC agree otherwise, any arbitration hearing will take place in the county where you reside. The arbitrator is bound by the terms of this Agreement and will issue a reasoned written decision that explains the essential findings and conclusions.
- If your proceeding is designated by AAA as part of a "Multiple Consumer Case Filing," then you agree: (1) to personally appear and participate in an initial telephone conference with AAA and/or the arbitrator at Apocau Clothing LLC's request and at any hearing (with your counsel if you are represented); and (2) that the adjudication of your Dispute might await the resolution of other individual claims that are also part of this mass filing.
- Payment of filing and other fees shall be governed by the AAA Rules. If the arbitrator finds that the proceeding itself, the substance of a claim or counterclaim, and/or the relief sought in connection with the arbitration was frivolous or was brought for an improper purpose (as measured by the standard set forth in Fed. R. Civ. P. 11(b)), either party will have the right to recover its fees and expenses, including but not limited to attorneys' fees and arbitration fees and costs. In making this determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased and whether the arbitration is part of "Multiple Consumer Case Filings" as determined by AAA.
- You may hire an attorney to represent you. You are responsible for your attorneys' fees and costs. You may recover them from Apocau Clothing LLC to the same extent as in court.
- The class action and collective relief waiver is an essential part of this arbitration provision, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Apocau Clothing LLC is entitled to arbitration of such claim or dispute. Notwithstanding the foregoing, if a court determines that the class action and collective relief waiver is not enforceable as to a particular claim or request for relief (such as a claim for public injunctive relief) and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that the particular claim or request for relief (such as a claim for public injunctive relief) may proceed in court but shall be severed and stayed pending arbitration of the remaining claims.
- This arbitration provision shall survive the cancellation or expiration of the Agreement.
LIMITATION OF LIABILITY
EVENTS OUTSIDE OUR CONTROL
An event outside our control means any event or cause beyond Apocau Clothing LLC reasonable control, including without limiting (i) epidemic, pandemic, famine, earthquakes, floods, war, terrorism, whether foreign or domestic, overwhelming event(s) caused by natural forces, extreme weather, or other natural disaster; (ii) acts of civil or military authority, insurrection, riots, strikes, fire, or explosion; (iii) picketing, strikes, or labor shortage; or (iv) interruption of or delay in transportation, shortage or failure of supply of raw materials or finished merchandise, power outages, telecommunication outages, or any other intervening system, software, or service not operated by Apocau Clothing LLC (collectively "Force Majeure Event").
If a Force Majeure Event occurs, we will not be liable to you or any third party for any loss, damage, delay, liability, expense, or cost related to or caused by such Force Majeure Event.
ADDITIONAL TERMS AND RESOURCES
Apocau Clothing LLC is located, and controls the Apocau Clothing LLC Website, from its offices located in the State of Texas. These Sale Terms shall be governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions. Except as otherwise specifically provided, these Sale Terms are not enforceable by any party other than Apocau Clothing LLC and its customers. Except as provided in the Dispute Resolution section, if any provision of these Sale Terms is determined to not be enforceable, then that particular term will be deleted and all other terms will remain.