Terms and Conditions
PLEASE NOTE: The terms and conditions listed below are for consumer (or “individual”) customers only. If you have a wholesale account, please click here to review your terms and conditions.
All sales made by Alternative (“Seller”) to you (“Customer”) are governed by these Terms and Conditions of Sale unless otherwise indicated by Alternative in writing.
PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. ALTERNATIVE RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION.
Sale is Contingent on Customer’s Acceptance of Terms and Conditions.
Seller shall not accept Customer’s purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer’s purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.
Seller accepts Visa, Mastercard or American Express.
Pre-Authorization of Credit and Debit Cards
Please note, when paying for an order with a credit or debit card, Alternative will pre-authorize your card for the portion of your order that is shipping, along with applicable estimated freight and sales tax, prior to processing your order. The full amount will then be charged to your card once your order ships. Pre-authorizations reserve the total dollar amount on your credit card (or funds available through your debit card) to pay for your order. Pre-authorizations will drop off of your account within 1-7 days, depending on your card issuer.
Customer is responsible for all shipping and freight charges; default delivery terms are DAP (Delivered At Place). Orders received prior to 4:00 PM (Eastern Standard Time) will be shipped by the following business day, subject to availability. Inventory will fluctuate on seasonal items. Orders are normally shipped by UPS or Federal Express. Seller will not be responsible for shipping delays caused by a carrier. Shipping charges may be billed separately on credit card orders.
Customer must notify Seller at time of purchase if a signature is required for residential deliveries. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.
When the Customer chooses “ship my items as soon as they become available” at time of checkout, and a mixture of in-stock and backordered items have been ordered, Alternative will ship twice on a single order. The first shipment will consist of in-stock times available at the time the order is placed. The second shipment will not occur until all backordered line items are in stock. Freight is complimentary on backordered items.
It is understood that should Customer become delinquent in payment, no further credit will be extended. Seller will charge Customer interest on all overdue amounts at the rate of 1½% per month (18% per annum), or the maximum amount allowed by law, whichever is less. Customer will also be responsible for and shall reimburse Seller for any collection agency fees up to 30% of the balance owed, reasonable attorneys’ fees, and all other reasonable costs and expenses which may be incurred by Seller in the enforcement of these Terms and Conditions of Sale and/or the Customer Order. Customer acknowledges that these charges, fees, and expenses are reasonable under the circumstances as an estimate of the damages Seller is likely to suffer if Customer defaults in its payment obligations.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED, LAUNDERED OR MODIFIED IN ANY MANNER. All damaged or incorrect items will need to be sent back to Alternative for a credit.
Returns and Cancellations
Authorized returns and exchanges must be postmarked within 30 days after Customer’s receipt of merchandise. All returned merchandise must be accompanied by a completed Return/Exchange Form. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller’s error. Alternative is not responsible for lost shipments on items being returned. Alternative will cover the freight costs for shipping exchanged items to the Customer. All sales are final on “sale” items; returns are not accepted on sale items under any circumstances. Returns will not be accepted on merchandise that has been altered, laundered or modified in any way. Returns will not be accepted on Orange Label merchandise if the hang tag has been removed. All damaged or incorrect items will need to be sent back to Alternative for a credit. Alternative will send a prepaid shipping label to Customer for the damaged or incorrect item to be sent back to Alternative.
Obtaining Return Authorization
In each shipment, a “Return Form” and pre-paid return form is provided for Customer’s convenience. Please Send your return to us via USPS to the following address:
ATTN: Returns Department
2661 Michigan Avenue
Detroit, Michigan, 48216
Customer Acceptance of Late or Defective Merchandise
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.
Prices, Quantities, Styles, Colors
Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. Alternative reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.
Promotional Codes, Coupons, Discounts
Discounts can not be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases or gift certificates. Discount does not apply to tax, shipping and handling, or similar processing charges. Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).
Alternative Gift Cards are available for purchase through alternativeapparel.com and Alternative corporately owned store(s) and -may be redeemed through said website and store(s). Discounts and/or promotional codes may not be used to purchase Gift Cards. Taxes are not applied to purchase of Gift Cards. Gift Cards will only be shipped within the continental United States. Gift Cards are not reloadable and never expire unless otherwise stated. Gift Cards may not be applied to wholesale purchases. Alternative is not responsible for lost or stolen Gift Cards.
DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.
No Liability for Outside Vendors
Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.
Seller is headquartered in the State of Michigan, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Michigan (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.
Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Michigan and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Michigan in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
USE OF MATERIALS LOCATED ON THIS SITE:
COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Alternative or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by Alternative may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to Alternative or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.
Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions of Sale.
Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to firstname.lastname@example.org or by standard mail to Seller at the following address:
ATTN: Customer Experience
2661 Michigan Avenue
Detroit, Michigan, 48216
USER GENERATED CONTENT
Alternative does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Alternative Website. After posting your Content to the Alternative Website, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Alternative Website, you hereby grant to Alternative a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Alternative Website, including without limitation distributing part or all of the Alternative Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Alternative Website. This limited license does not grant Alternative the right to sell or otherwise distribute your Content outside of the Alternative Website. After you remove your Content from the Alternative Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Alternative Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Alternative Website as soon as practicable after you make the change.
If at any time you wish to remove your submitted Content from this site, please email email@example.com.
The license you grant to Alternative is non-exclusive (meaning you are free to license your Content to anyone else in addition to Alternative), fully-paid and royalty-free (meaning that Alternative is not required to pay you for the use on the Alternative Website of the Content that you post), sublicensable (so that Alternative is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Alternative Website), and worldwide (because the Internet and the Alternative Website are global in reach).
You represent and warrant that: (i) you own the Content posted by you on or through the Alternative Website or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Alternative Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Alternative Website.
The Alternative Website contain Content of Alternative (“Alternative Content”). Alternative Content is protected by copyright, trademark, patent, trade secret and other laws, and Alternative owns and retains all rights in the Alternative Content and the Alternative Website. Alternative hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Alternative Content (excluding any software code) solely for your personal use in connection with viewing the Alternative Website and using the Alternative Website.
The Alternative Website contains Content of Users and other Alternative licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Alternative Website.
Alternative performs technical functions necessary to offer the Alternative Website, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Alternative Website.
Alternative may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Alternative violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Alternative assumes no responsibility for monitoring the Alternative Website for inappropriate Content or conduct. If at any time Alternative chooses, in its sole discretion, to monitor the Alternative Website, Alternative nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Alternative Website, and any material or information that you transmit to other Members and for your interactions with other Users.