Introduction
Welcome to our website, 99 Jane Street® Clothing, Sweater (“99 Jane Street,” “we,” “us,” “our“). These Terms of Use (“Terms,” “Terms of Use“) govern your use of 99 Jane Street’s website located at 99janestreet.shop (the “Site“) and all related sites, applications, services and tools where these Terms of Use are posted (collectively, the “Service”).
By using the Service you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
About 99 Jane Street
99 Jane Street is an online retailer offering a curated collection of women’s clothing and accessories including sweaters, dresses, pants, coats and more.
The Service is operated by 99 Jane Street, Inc. We can be contacted at:
Email: [email protected]
Phone: 1-800-991-6673
Mail: 99 Jane Street Inc., 123 Main St, New York, NY 10001
Use of the Service
The Service allows you to browse and purchase the products we make available. You may only use the Service for legitimate purchases. You may not use the Service for any illegal purposes, and/or in violation of these Terms of Use.
The products available on the Site are intended for end use in your region only. We make no representation that products on the Site are appropriate or available for use in other locations. If you use the Service from a jurisdiction other than the United States, you agree and represent that you are using the Service in compliance with the laws of your jurisdiction as well as in compliance with these Terms of Use. We may limit the availability of the Service and/or products to certain geographic areas.
Subject to your compliance with these Terms of Use, 99 Jane Street grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service and download, display, view, use, play, and/or print one copy of the Content (defined below) available on or through the Service solely for your personal, non-commercial use only. You may not use the Service or the Content in a manner not expressly permitted by these Terms of Use. Except as expressly permitted above, you may not reproduce, modify, translate, create derivative works from, distribute, publicly display, publicly perform, republish, download, store or transmit all or any portion of the Service or Content. You may not rent, lease, sell, resell, transfer or sublicense rights to access and/or use the Service or Content. Any downloadable Content may be downloaded one time per user but may not be redistributed or reuploaded without our express written permission. We reserve all rights not expressly granted in the Terms of Use.
Your Account and Communications
You represent that you are at least 18 years old and have the legal capacity to enter into these Terms of Use.
To use certain portions of the Service you may be required to register and create an account. When you register, you agree to provide accurate, current and complete information about yourself. You are solely responsible for your account and activity, including information provided in your account profile. You agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving your account or the Service. You will be liable for any illegal or unauthorized use of your account, password or other credentials.
By providing your email address, you consent to receiving electronic communications from 99 Jane Street (e.g. via email or by posting notices to the Site). These communications may include notices about your purchase activity, notices about the Service and other information concerning 99 Jane Street and its partners, including promotional information and offers. You agree that any notices, agreements, disclosures or other communications sent to you electronically will satisfy any legal requirements for communications to be in writing. You should maintain copies of electronic communications for your records.
You consent to receive push notifications from the 99 Jane Street mobile application. You can opt-out of these push notifications at any time by changing the settings on your mobile device.
User Content
The Service may allow you and other users to create, upload or share content such as photos, videos, ratings and reviews (“User Content”). User Content does not include the design, layout, look, appearance or graphics of the Service.
You are solely responsible for any User Content you provide. You must not upload, post, display, link to or otherwise make available any User Content that:
- Infringes a third party’s copyrights, trademarks, patents, trade secrets or other intellectual property rights;
- Violates any third party’s right of privacy or publicity;
- Contains false, inaccurate information or promotes illegal activities;
- Contains viruses or any other technologies that may harm 99 Jane Street, users or the interests or property of users; or
- Contains any unsolicited advertising or unlawfully promotes services or products.
Additionally, if your User Content contains images, photos or videos of people, you represent you have the permission from those individuals to include their likeness in your User Content and grant 99 Jane Street the rights described below.
99 Jane Street does not claim ownership of your User Content; however, by creating, uploading, posting or sharing User Content you grant 99 Jane Street an irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform the User Content in connection with operating and promoting the Service.
You are solely responsible for your interactions with other users of the Service. We reserve the right, but do not have the obligation, to monitor disputes between you and other users.
Fees and Payment
You agree to pay all applicable fees for the Service as quoted. 99 Jane Street may change the fees for the Service or charge additional fees at any time. We will provide you advance notice of these changes. You agree to pay all applicable taxes that may be charged with your purchase of products or services from the Site.
Return/Refund Policy
99 Jane Street wants you to be fully satisfied with every purchase. However, if you need to return or exchange a product for any reason, please review our Return/Refund Policy below:
- All returned or exchanged items must be unused and in their original condition with all tags and packaging intact. Any item that appears worn, used, altered, soiled or laundered is not eligible for a return or exchange.
- You have 30 days after receiving your order to initiate a return or exchange.
- Returns and exchanges are only accepted for items purchased from 99 Jane Street directly. We cannot process returns or exchanges for items purchased from third-party sites.
- To start the return/exchange process, visit our Returns Portal or contact Customer Service. We will provide instructions on how to send back the return and receive a refund or exchange.
- Return shipping costs are covered by 99 Jane Street for defective, damaged, misshipped or incorrectly sent items. For all other returns/exchanges, the customer is responsible for return shipping costs. We recommend using a trackable shipping method and insuring the parcel. 99 Jane Street is not liable for lost or stolen return packages.
- Refunds are generally issued within 3-5 business days after the item is received and inspected. Refunds are issued to the original payment method.
- Exchanges will be processed once we receive the returned item. We will ship out the replacement item using the same shipping method as the original order.
Final sale items ending in .99 are an exception to the above policy. Due to the customized nature of these items, final sale items cannot be returned or exchanged. Please review final sale items carefully before purchase.
We reserve the right to refuse a return, refund or exchange if the above requirements are not met. If you have any questions about our returns/exchanges, please contact Customer Service.
Promotions and Discounts
99 Jane Street may offer promotions and discounts at times. Promo codes can only be redeemed once per customer and cannot be combined with other offers unless specifically stated. Promo codes are void if eligibility requirements are not met. Promotions, discounts and coupons have no cash value.
99 Jane Street reserves the right to cancel any promotion, discount or coupon at any time. Discounts and promotions may exclude certain brands, items or product categories. Additional exclusions and restrictions may apply.
Product Information
99 Jane Street attempts to be as accurate as possible with our products and descriptions. However, we do not warrant that these product descriptions, colors, information or other content available on the Service will be accurate, complete, reliable, current or free from errors. The actual color and style you receive may differ from what is displayed on your device.
Product specifications and promotional offers are subject to change without notice. We reserve the right to correct, without notice, any errors or omissions in pricing or other information.
Intellectual Property Rights
The content on the Service, including without limitation the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and other content (“Content“), contains intellectual property owned by 99 Jane Street, our affiliates or our third-party licensors and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws.
You agree not to copy, distribute, modify, reverse engineer, mislead, defraud, disrupt, damage, inappropriately access or otherwise interfere with the Service, Content or intellectual property rights of 99 Jane Street or any third party.
The 99 Jane Street name and logo are trademarks of 99 Jane Street and may not be copied, downloaded or otherwise exploited.
Copyright and Trademark Complaints
99 Jane Street respects the intellectual property rights of others. If you believe your work has been infringed or misused on the Service, please contact 99 Jane Street Copyright Agent at:
Email: [email protected]
Phone: 1-800-991-6673
Mail: 99 Jane Street Inc., Copyright Agent, 123 Main St, New York, NY 10001
When notifying us of a copyright or trademark violation, please include the following information:
- A description of the copyrighted work or trademark that you claim has been infringed.
- A description of what content is infringing and its exact location on the Site.
- Information reasonably sufficient to permit us to locate the material.
- Your contact information including name, address, telephone number, email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A declaration under penalty of perjury that the above information is accurate and that you are the copyright or trademark owner or authorized to act on the owner’s behalf.
Disclaimer of Warranties
Your use of the service is entirely at your own risk. The service is provided “as is” and “as available” basis without warranties of any kind, expressed or implied.
99 Jane Street disclaims any warranties of title, merchantability, non-infringement or fitness for a particular purpose regarding the service. 99 Jane Street does not warrant that the service is free from defects, deficiencies or errors. 99 Jane Street provides no warranty regarding the quality, accuracy and validity of any content or information on the service.
While 99 Jane Street attempts to provide accurate product images and descriptions, we do not guarantee that product colors, images or other content will be accurate.
Products, pricing and availability are subject to change without notice.
99 Jane Street assumes no liability or responsibility for damage or harm resulting from your use or inability to use the service or reliance on content and information accessed on and through the service. You assume the entire cost and risk of loss associated with your use of the service.
Limitation of Liability
To the fullest extent permitted by law, in no event will 99 Jane Street be liable for any direct, indirect, punitive, incidental, consequential or special damages arising out of or in any way connected with the use of the service, including damages arising from mistakes, omissions, interruptions, loss of data, errors, viruses, defects, delays in operation, transmission failure or any failure of performance.
Your sole remedy against 99 Jane Street for dissatisfaction with the service or content is limited to discontinuation of your use of the service. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
Indemnification
You agree to defend, indemnify and hold 99 Jane Street and its officers, directors, employees and agents harmless from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Service, your User Content, your violation of these Terms of Use or your violation of any third party rights.
Termination
We reserve the right, without notice and at any time, to terminate your use of the Service for violating these Terms of Use or for any other reason. Sections regarding intellectual property, disclaimers/limitations of liability, indemnity and legal disputes will survive any termination.
Changes to Terms of Use
99 Jane Street reserves the right to amend these Terms of Use at any time. Updated versions of the Terms of Use will be posted on the Site with the “Last Updated” date. Your continued use of the Service constitutes acceptance of any amended Terms. The amended Terms become effective as of posting. We recommend you review these Terms of Use each time you access or use the Service. If you do not agree to the amended Terms, you must discontinue using the Service.
Choice of Law and Jurisdiction
These Terms of Use are governed by the laws of the State of New York, without regard to principles of conflicts of law. Sole and exclusive jurisdiction for any dispute with 99 Jane Street resides in the federal and state courts in New York County, New York and you expressly consent to the exercise of personal jurisdiction in these courts.
Dispute Resolution
You agree to first contact 99 Jane Street and attempt to resolve any claims informally. If the dispute is unable to be resolved informally within 30 days, then it will be resolved by binding arbitration rather than in court. The Federal Arbitration Act and federal arbitration law applies.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration hearings will be held in New York County, New York.
Class action lawsuits, class-wide arbitrations, private attorney-general actions and any other proceeding where someone attempts to act in a representative capacity are not allowed. Nor are consolidations, joinders or appeals with another person’s claims.
The arbitrator(s) may award the same damages and relief as a court of law. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction.
No Class Action
You may only resolve disputes with us on an individual basis. Class actions, private attorney general actions, and any other proceeding where someone acts in a representative capacity are not allowed.
No Trial by Jury
You hereby waive any right to trial by jury in any proceeding or litigation on any matter relating to the service.
Severability and Survival
If any provision of these Terms is found invalid by a court having jurisdiction, that provision will be limited or deleted to the minimum extent necessary so that the Terms of Use will otherwise remain enforceable and in effect. The invalidity or unenforceability of any provision in the Terms of Use does not affect the validity or enforceability of any other provision.
Waiver
Any waiver by 99 Jane Street of these Terms shall not be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision.
Contact Us
If you have any questions about these Terms of Use, please contact us at:
Email: [email protected]
Phone: 1-800-991-6673
Mail: 99 Jane Street Inc., Terms of Use, 123 Main St, New York, NY 10001
