Please read these Terms carefully. By visiting, accessing, using, or transacting on the Site, you agree to be bound by the terms stated herein. If you do not agree to all of these terms, please do not use this Site.
GENERAL TERMS and CONDITIONS
In the event that you are asked or choose to create an account on the Site, you agree to provide only true and accurate information in connection with any such account, and to update all such information as necessary to keep it accurate and current.
- The Services are available only to and may only be used by individuals who can form legally binding contracts under applicable law. If you are under the age of 18, you may use the Site only in conjunction with, and under the supervision of, a parent or legal guardian. If you do not qualify, please do not use the Site.
- You are responsible for maintaining the confidentiality of an account password, and for all activities undertaken by you on the site or that occur under and/or through your account and password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on the Site.
- You must not abuse, harass, threaten, impersonate, or intimidate anyone on the Site.
- You must not modify, adapt, or hack the Site or create or modify a third-party website in order to falsely imply that it is associated with or is an agent of the Site or Reflective
- Your right to register for an account and use the Site is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your account or any access to or use of the Site, to any third party.
- You must not transmit any worms or viruses or any code of a destructive nature that could affect the Site, the Company, or its users.
- All content is owned by Reflective or by others who have licensed their content to the Company, and it is protected by U.S. and international copyright laws, trademark laws, and other proprietary rights and laws. The Site is also protected as a compilation and collective work under U.S. and international copyright laws.
- These Terms do not grant You any ownership over any content, any license to use the content, or any intellectual property rights in any content, beyond that which is permitted by virtue of the fact that you are visiting the Site or transacting via it.
- You are not permitted to post content directly to the site. You represent and warrant that should you do so or attempt to do so, any such content shall not violate the rights of any third party, and you hereby indemnify Reflective and hold it harmless from and against any claims which may arise as a result of any third party bringing an intellectual property claim against the Company.
- These Terms do not grant you the right to use any of the Company’s trademarks, service marks, logos, product names, domain names, or other distinctive features in any way. Reflective reserves all rights not specifically granted to you in these Terms.
- If you have created an account, you can remove it at any time by requesting that we delete your account. Once deleted, Reflective retains the right to continue to communicate with you for any reason relating to transactions that may remain open at the time of your deletion. The data that will be stored by Reflective after you have deleted your account shall be aggregated and anonymized and will not be able to be used by anyone to identify you or your household.
- While Reflective endeavors to provide the most accurate information available for any given Item, it cannot be held responsible for any discrepancies that may exist. Reflective reserves the right to amend the specifications of any of the Items as they are listed on the Site and cannot guarantee that the colors of any Item as displayed on your monitor or as printed by you from the Site will be identical to those appearing in the Item itself.
- Reflective reserves the right to adapt, modify, redesign, suspend, or terminate the Site for any reason and without notice at any time.
- Refletive has no liability to You for any failure to perform, or delay in performance of, any of its obligations, or for any damage or defect to the Items delivered to you, that are caused by any event or circumstance beyond its reasonable control including, without limitation, terrorist attacks, acts of God, wars, embargos, riots, strikes, lock-outs and other industrial disputes, breakdown of systems or networks assess, flood, fire, earthquake or other natural disaster, explosion, pandemic, government action, or accident. For information regarding a third party retailer’s obligations to you, please visit its respective website.
OUR AFFILIATES, PARTNER'S, AND SERVICES
When you purchase Items via the Site, you are buying from a third party retailer who will be clearly identified. The contract for the purchase of those Items is between you and the third party retailer.
- The Reflective does provide services via the Site in support of a transaction with a third party retailer that takes place on the Site. Any such services include customer service, payment processing services and returns services. Payment made via the Site satisfies your obligation to pay the third party retailer.
- Support services do not apply to any transactions which take place on a third party retailer’s website.
- Because we sell Items posted to our Site but sold by affiliates, we may receive monetary and other forms of compensation from those affiliates. If you ultimately decide to purchase an Item via the Site, we may receive additional compensation from that purchase from the affiliate. We have used commercially reasonable efforts to provide true and accurate statements in regards to any and all products or services mentioned, reviewed or recommended by us on this Site.
- The Site posts or otherwise promotes content, including editorial content, which may feature third party products and services and which may link to third party owned and operated web sites where you can purchase those items. Any time that you click on a link to an affiliate’s Item on the Site and then follow the link to purchase that Item on their website, we will receive compensation from the affiliate from whom you are purchasing the Item. The content which features a third-party’s products may not always be identified on the Site as paid or sponsored content, and the compensation that we receive from those third-parties may influence what content, topics or posts we make on the Site and where they are posted.
- All products and services featured on the Site are a reflection of our honest opinions, findings, beliefs, and experiences regardless of whether or not we receive compensation as a result of the partnership or purchase of third-party products as outlined above.
- Please contact us at Info@the-reflective.com if you have any questions or concerns that may influence your decision to purchase an Item featured on this Site.
While we hope you love your order, we understand that there may be a need to return your Item(s). We will accept returns within 14 days of your receipt of your package.
- Returned items must be in their original condition - unworn and undamaged, with the tag still attached, and ideally in the original packaging.
- To initiate a return, please email firstname.lastname@example.org-- you will need your Order # and Date of Order in order to process your return.
- Reflective will refund the original form of payment. Please allow up to 14 working days for your refund to process. We will send you an email confirmation once your return has been processed.
- Final sale items are not eligible for return. Final sale status can be found on the website product listings, but generally applies to bespoke items, items shipping from international vendors, and discounted products.
- Returned items must be shipped back - i.e., picked up or processed by UPS/other mail carrier - within 14 days of your receipt.
- Customer is responsible for returns. Neither Reflective nor third party vendor is financially responsible for shipping/handling of returned items.
- Please read our conditions for an acceptable return:
- For hygiene reasons, all face masks are non-refundable.
- Shoes should be returned unmarked, unworn, and in the original packaging.
- Swimwear should be tried on over underwear. Returns may not be accepted if the hygiene strip has been removed.
- Any returns that are damaged may not be accepted and your payment will not be refunded.
- Items that have been personalized may not be returned.
- You cannot return items which fall under final sale or made to order.
- For any questions about a return, please contact email@example.com and we will get back to you as soon as possible.
- EXCHANGES: Unfortunately we do not offer exchanges, however, if you would like to exchange one item for another, you must first return the original item and then place a new order. You will be refunded for the original item in accordance with our usual returns policy.
INTELLECTUAL PROPERTY RIGHTS
- Copyrighted material including, but not limited to, the Items as they appear on the Site, remains with the copyright holder at all times. Site users may not reproduce copyrighted material without express permission from Reflective and the copyright holder.
- Unless otherwise indicated, the Site is Reflective’s proprietary property and, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Reflective owns and retains, solely and exclusively, all rights, title, and interest in and to the Site, the look and feel, design and organization of the Site and its content, and the compilation of all content on the Site, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
- Except as expressly provided in these Terms, no element of the Site, including Reflective’s trademarks, service marks, and logos, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Reflective’s express written permission.
- You are granted a limited license to access, use, and transact on the Site, which license may be revoked by the Company at any time and in its sole discretion.
COPYRIGHT NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).
All Notifications must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
All notices should be sent to:
150 Charles Street, M6
New York, NY 10014
Reflective will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
In the event that you have a dispute with one or more users, you hereby release Reflective and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You may not access or use the Site for any purpose other than that for which we make the Site available.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, the Company or the Site, or harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Submit false reports of abuse or misconduct or use the Site in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice, if any, from the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats, bugs, and cookies.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site or engage in unauthorized framing of or linking to the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
We reserve the right to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable the Site or any portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
MODIFICATIONS and INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL REFLECTIVE OR ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
THE COMPANY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO REFLECTIVE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) USD $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) any fees paid to us by You; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Any notices shall be sent to REFLECTIVE at firstname.lastname@example.org, and to you at the email address you provide to us. Notice shall be deemed given twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Reflective may give you notice at the email provided by you or by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such cases, notice shall be deemed given three (3) days after the date of mailing, or if sent by email twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any and all legal requirements that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
DISPUTES AND GOVERNING LAW
In the event that a dispute arises between you and Reflective, please contact us at email@example.com.
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 14 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will render a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York, New York.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and/or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
The services hereunder are offered by Reflective.
Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only and is not intended as an endorsement of Safety Surf's internet site, services, or policies. Reflective is not affiliated with Safety Surf.
QUESTIONS, COMMENTS, CONCERNS
If you have any questions regarding any aspect of this document, please contact Reflective at Info@the-reflective.com