Terms of Service

Terms of use and service

Welcome to www.brachiite.com and any related websites and mobile applications (collectively, the "Site"), a website operated by brachiite ("brachiite ", the "Company", "us", "our" or " our"). All references to the Site include this URL and the microsite associated with this URL, as well as other websites or pages owned by the Company. All references to the Company include the Company's affiliates.


Please read these Terms of Use and Service Documents (hereinafter referred to as this "Agreement") carefully before using the Site, including, but not limited to, before using any features or content provided by the Site or before purchasing or otherwise using the Company's merchandise. (as defined below) offered, offered or otherwise sold through the Site.


These Terms of Use and Service require that all disputes between you and us will be resolved by binding arbitration. Accordingly, you agree to waive your right to go to court (including class action lawsuits) to assert or defend your rights under these Terms of Use and Terms of Service (except for matters that may be brought in small claims court). Your rights will be determined by a neutral arbitrator, not a judge or jury, and your claims cannot be brought as a class action. Please review the section titled “Dispute Resolution” below for details about your agreement to arbitrate any disputes with us.

This Agreement governs not only the use of the Site, but also all interactions with the Company, whether through the Site, text message, phone call, or any other means. Please read this Agreement carefully so that you understand the terms and conditions of your use of this website and our merchandise.


Your interactions with us may include text communications. Please note that standard text message rates may apply and you are responsible for any costs or fees associated with sending or receiving text messages to or from us.


This Agreement applies to all visitors, users, purchasers and others who wish to access or use the Site for any purpose ("User" or "you" or "your"). The Company provides this Agreement as a notice to all such users of the Company’s terms and conditions governing their use of the Site and/or any purchase or any other use of any Company merchandise.


Your access to and use of this website and our services are conditioned on your acceptance of and compliance with this Agreement without modification.

By continuing to evaluate and/or use the Site, you agree to be bound by all of the terms and conditions of this Agreement and the  Privacy Policy (as defined herein) and all other policies of the Company as of the date of your first use of the Site and Condition.




Company will not accept any changes (additions or deletions) to this Agreement from you. If you do not agree to all of the terms and conditions of this Agreement, you should not use this Site.




General Conditions of Purchase.

Buy. When purchasing goods from us (a "Purchase" or "Order"), including without limitation when paying for an Order using any third party payment solution available through the Site, you must provide accurate and complete information (including your information) under Submit your full and correct name (such as payment card holder name, payment card number, expiration date, and payment card security code, if required) when ordering and otherwise using a credit or other payment card. Order. You represent and warrant to us that your use of a payment card in connection with any purchase made on or through the Site (including, without limitation, any credit card payment you make for an order using any third-party payment solution) has been Authorized and legal.

account. As part of purchasing our merchandise, and in order to complete your purchase of our merchandise, you must: (i) use your account to complete your purchase of our merchandise: or (ii) provide any and all of the following information: This website requires that you act as no. A purchase of an item is completed by a guest buyer on our account. To protect your security, you must keep your username and password confidential. If you learn or suspect that the security of your username or password has been compromised, you must notify us immediately at [email protected]. You are responsible for any loss or damage caused by your failure to protect your username or password.

Check. When you check out, data will be transferred to our third-party payment processing company. If you use another payment method (such as ApplePay), you will enter your information into those third-party sites, and you should review the terms of use and privacy policies of those providers.

promo code. Only one promotional code may be used on any given order - promotional codes cannot be stacked. Promotional codes cannot be applied to previous purchases and cannot be used to purchase physical gift cards or e-gift cards. Promotional codes are non-transferable and there is no cash alternative. Promotional codes must be redeemed prior to release date (if provided). Any offer for goods or services made on this site is void where prohibited.

Personal discount code. If Company provides you with a personalized, personalized discount code, such discount code is non-transferable at Company's sole discretion. Discount does not apply to previous purchases or purchases of physical gift cards or e-gift cards and is not redeemable for cash. Additionally, discount codes cannot be combined with any other promotions or discounts. The discount does not apply to previous purchases or gift card purchases and cannot be redeemed for cash or combined with any other offer.

return the goods. Goods or services may be available in limited quantities. Goods may only be returned with the RMA# provided. All sales are made thirty (30) days after ordering. All returns and exchanges are subject to our Refund Policy, which is hereby incorporated by reference and can be found here.

accuracy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that any computer monitor's display of any color will be accurate. All product descriptions or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

Limited sales. We reserve the right, but are not obligated, to limit the sales of our goods or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer.

As is. We do not warrant that the quality of any goods, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Disclaimer

THE SITE, ANY OTHER  PROPERTIES, THE MERCHANDISE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE OR IN CONNECTION WITH THE MERCHANDISE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND , the Company expressly disclaims all representations or warranties, express or implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

Neither Company, its Affiliates, nor anyone associated with Company or its Affiliates makes any representation or warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Site, the Company’s intellectual property assets, or its content.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES REPRESENT OR WARRANT THAT THE SITE, OTHER TRUE CLASSIC TEE IP PROPERTIES, THE MERCHANDISE, OR THEIR CONTENT, WILL BE ACCURATE, RELIABLE, OR ERROR-FREE or uninterrupted, defects will be corrected, any website or the Company servers that make it available are free of viruses or other harmful components, or the website, other True Classic Tee intellectual property assets, merchandise, or its content will not meet your needs or expect.

Limitation of Liability

In no event shall Company, its affiliates, its licensors, its content providers, or any of the Company or its affiliates' directors, employees, regardless of the form of the action, whether in contract, tort, strict liability, statute or otherwise. , partners, agents, successors or assigns (collectively, the "Group of Companies") shall not be liable under any legal theory for any damages of any kind arising out of or related to your use of, or inability to use the Site, any OTHER PROPERTY ASSETS, GOODS OR THEIR CONTENT, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, WHETHER ARISING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE Caused otherwise, even if foreseeable. Use of the Site, other  Properties, Merchandise and its content is at your own risk. Notwithstanding anything to the contrary, the parties agree that the Company (and the entire group of companies) will be solely liable for any claim arising out of or related to this Agreement, regardless of the form or cause of action or the alleged basis, and the claim will not exceed the The total amount of payments or other fees actually received from User under this Agreement during the preceding twelve months.

Assure. Each User hereby agrees to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from any claims, liabilities, damages, judgments , awards, damages for losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of this Agreement or your use of the Site, any other IP Properties, merchandise, or any content provided therein.

Accessibility Statement.

The Company is committed to providing excellent service to people with disabilities and wants everyone to be able to access and use the Site (including, without limitation, purchasing any merchandise through the Site).

The following is the accessibility statement for this website:

We are committed to making our website as accessible as possible to people with special needs, including people with visual, hearing, cognitive and motor impairments. We continually strive to improve the accessibility of our website to ensure equal access for all users.

We always ensure that our website adheres to universal design principles and follows accessibility best practices. This ensures that the website is flexible and adaptable to the needs or preferences of different users and can be accessed via a variety of different technologies, including mobile devices or assistive technologies.

Web Content Accessibility Guidelines (WCAG) 2.0

We are committed to accessibility and believe that all consumers should be able to fully access and use our digital products. This is an ongoing commitment and we will continue to work hard to ensure that its website is accessible and usable for everyone, including people with disabilities.

Where possible, we leverage web accessibility developer tools to ensure WCAG 2.0 compliance and use general best practices provided by the Web Content Accessibility Guidelines.

We welcome your feedback about your experience with this website. If you have any accessibility comments or concerns, or if you would like to request any modifications, please let us know: [email protected].

Give us your feedback

We are committed to providing accessible services. If you encounter problems or have any suggestions for improvements, please contact us. We make continuous improvements based on your feedback.

Email: [email protected]

We will try to respond to feedback within 3 working days.

Links to third-party websites.

This website may contain links to third party websites. These links are provided for your convenience only. The Company has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of these third-party websites. If you decide to access third-party websites linked to from this website, you do so entirely at your own risk and your use of such websites is subject to the terms and conditions and privacy policies of those websites.

Dispute Resolution

Please read this section carefully. It affects your rights and affects how claims you and the Company may have against each other are determined.

Applicable law. This Agreement, the Privacy Policy, and any other Company policies shall be governed by the laws of the State of California, excluding its conflicts of law rules.

Dispute Resolution.

If you submit your issue to our customer service department, we will work in good faith to resolve any issues you encounter while operating the website in compliance with the stated specifications we provide. However, we realize that on rare occasions we may not be able to resolve a problem to the customer's satisfaction.

within the perimeter. If that specific provision is found to be unenforceable, then (a) the entire arbitration provision will be null and void, but the remaining provisions of these Terms of Use and Terms of Service will remain in full force and effect; and (b) will be exclusive; jurisdiction and venue for any claim shall be State or federal court in Los Angeles, California.

Termination of this Agreement.

We may terminate this Agreement or terminate or suspend your access to the Site (or any portion, aspect or feature thereof), including without limitation, closing or deleting your account as a purchaser and any content or information you have posted on such our account), and/or prohibit you from using or accessing the Site (including, without limitation, barring further use of our products through the Site) for any reason (including, without limitation, your breach of this Agreement or our account). Privacy Policy), or for no reason at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the seizure and destruction of all information or other content associated with you and your activities. Connection to the Website. In the event of termination for any reason, you will remain bound by your obligations under this Agreement, including the representations and warranties made by you, as well as the disclaimers and limitations of liability. Additionally, we will have no liability to you or any third party for any termination of your access to the Site.

Miscellaneous regulations

 Entire Agreement; Waiver; Severability. This Agreement constitutes the entire agreement between the Company and each User with respect to the subject matter hereof, and supersedes any prior agreements we might have between us with respect to such subject matter. Company's failure to enforce any right or provision of this Agreement shall not be deemed a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.

Remedies. User acknowledges that monetary damages may be an insufficient remedy for unauthorized use of the Site or any Merchandise, and User therefore agrees that Company, without waiving any other rights or remedies, shall be entitled to obtain any injunction that may be deemed Relief or equitable relief shall be provided by a court or arbitration panel of competent jurisdiction without the need to post a bond or to defend and prove the lack of an appropriate legal remedy.

lawyer fee. If any action or proceeding is brought by either party to enforce this Agreement or otherwise relates to the subject matter hereof, the prevailing party shall be entitled to recover reasonable attorneys' fees incurred in the preparation or prosecution or defense of such action or proceeding by the court of first instance. Establishes, if an appeal is made from a trial court's decision, reasonable attorney's fees to be determined by the appellate court.

Binding effect; no assignment by client; transfer permitted by company. This Agreement will be binding upon and will inure to the benefit of the parties' respective successors and legal assigns; however, this Agreement may not be assigned by User, in whole or in part, without the prior written consent of the Company (which may be consented to in the Company's sole discretion). Any transfer in violation of this section will be void. The Company may, in its sole discretion, assign this Agreement or any part thereof to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.

Modifications to this Agreement. The Company reserves the right to change any terms of this Agreement at any time in its sole discretion (including without limitation changing any terms, conditions and/or policies for any purchase of our goods). Classic Tees purchasers as set forth in Section 5 of this Agreement), the Privacy Policy and/or any other Company policies (including any other policies governing the purchase of any merchandise (collectively, the "Changes").

All such changes will be effective immediately upon posting on the Site. The Company reserves the right to make any and all changes without providing separate notice to Users. You hereby acknowledge and agree that any access to or use of the Site following notice of any such changes to this Agreement, Privacy, or any other Company policies shall constitute and be deemed your acceptance of all such changes set forth above. , therefore, you should regularly check and print the records retained by this Agreement

contact information

If you have any questions about the Site or this Agreement, please contact us by any of the following methods:

 Email: [email protected]

Mobile Applications

We are pleased to offer our mobile application (the "App"). The availability of the App is dependent on the applicable mobile application platform from which you download the App (each an “App Store”). You acknowledge that this Agreement is between you and us, and not with the App Store. The Store, not the App Store, is solely responsible for the App. Each App Store and its affiliates are third-party beneficiaries of this Agreement and will have the right to enforce them. You must comply with the rules and regulations associated with each App Store, whether or not identified herein.

When you access the App through the Apple App Store, you may use the App only on Apple-branded products running Apple iOS and subject to Apple's Terms of Use. You also agree to:

This Agreement is made solely between you and us, not Apple, and we, not Apple, have sole responsibility for the App.

Apple has no obligation to furnish any maintenance or support merchandise with respect to the App.

In the event that a covered application malfunctions, Apple's sole liability is to refund the amount paid for the application. As between us and Apple, any other liability is solely between us.

Apple is not responsible for addressing any claims related to this application.

push notification

If you download the App, you may receive push notifications sent to you outside or within the App, which may include alerts, badges, banners and sounds ("Push Notifications"). If you agree to allow push notifications, the application will generate push notifications on your mobile device. You can control push notifications in your device's settings. Some push notifications may be related to your location. Your carrier may charge standard data and other fees for use of push notifications, which may appear on your mobile bill or be deducted from your prepaid balance. Your carrier may block or restrict certain push notifications, and some push notifications may be incompatible with your carrier or mobile device. If you have questions about these issues, please contact your carrier. You can stop push notifications in your device settings or by deleting the app. We may collect information related to your use of push notifications.

SMS/MMS Mobile Messaging Marketing Program Terms and Conditions

Company is offering a mobile messaging program (the “SMS Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “SMS Program Terms”). By choosing to join or participate in any of our text message programs, you accept and agree to the text message program terms. These SMS Plan Terms are limited to the SMS Plan and are not intended to modify the other terms and conditions or privacy policies that may govern the relationship between you and us in other circumstances.

User Opt-In: SMS plans allow users to receive SMS/MMS mobile messages by explicitly opting in to the SMS plan (such as through an online or app-based sign-up form). Regardless of how you choose to participate in the SMS Program, you agree that this Agreement applies to your participation in the SMS Program. By participating in the SMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchases from us. Although you consent to receive messages sent using an automatic dialer, the foregoing should not be construed to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer") . Message and data rates may apply. Message frequency varies.

User Opt-Out: If you no longer wish to participate in the SMS Program or no longer agree to the SMS Program Terms, you agree to reply "stop", "end", "cancel", "unsubscribe" or "opt out" to any mobile message we send in order to Opt out to exit the SMS program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the options set forth above are the only reasonable means of opting out. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that change, alter, or modify the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, such as using different spelling or adding additional words or phrases to comply with the command, and agree that the Company and its service providers assume no liability for failure to fulfill such requests. You also understand and agree that any other method of opting out, including but not limited to text messages other than those described above or verbal requests to our employees to remove you from our lists, are not reasonable means of opting out.

SMS Program Description: Without limiting the scope of the SMS Program, users who opt into the SMS Program may receive messages regarding marketing, promotions, payments, delivery and sales of digital and physical goods, merchandise and events. Messages may include checkout reminders.

Cost and frequency: Message and data fees may apply. You agree to receive periodic messages at our sole discretion. Daily, weekly and monthly message frequency will vary. SMS programs involve recurring mobile messages, and additional mobile messages may be sent periodically based on your interactions with us.

Support Instructions: For support regarding your SMS plans, text "HELP" to the number you received the message from, or email [email protected]. Please note that using this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures described above.

MMS Disclosure: If your mobile device does not support MMS messaging, the SMS program will send an SMS TM (termination message).

Our Disclaimer: The SMS Program is provided "as is" and may not be available in all areas at all times and may not continue to work if you make changes to the product, software, coverage, or other changes. wireless carrier. We are not responsible for any delay or failure in the receipt of any mobile messages associated with this SMS plan. Delivery of mobile messages is dependent on efficient transmission from your wireless service provider/network operator and is beyond our control. Carriers are not responsible for delayed or undelivered mobile messages.

Participant Requirements: You must have your own wireless device capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cell phone providers offer the services required to participate. Check your phone capabilities for specific text messaging instructions.