KushCo’s Terms of Use Legal Notice

©2014 KushCo Clothing, LLC. ALL RIGHTS RESERVED. Please refer to the legal notice below for Terms of Use.

This website is operated by KushCo Clothing, LLC. The website address for KushCo Clothing, LLC is https://www.Kushcoclothing.com. The mailing address for KushCo Clothing, LLC is 11431 Rainier Avenue South, Seattle, Washington, 98003.

All users of this website agree that their access to and use of this website are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user’s own risk. These terms and conditions are subject to change at any time without prior notice. Any changes will be reflected on the Legal Notice page of the Kushcoclothing.com website.

By making a purchase from Kushcoclothing.com, you understand and agree that Kushcoclothing.com may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.

All images, graphics, code, software and other content used on or incorporated into this website are subject to intellectual property rights held by or licensed to Kushcoclothing.com, LLC or its affiliates. Subject to your compliance with these terms of use, KushCo’s grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of this website.  This license does not include: (a) any commercial use of this website or its contents; (b) any collection or use of any product listings, descriptions, images or videos; (c) any derivative use of the website or its contents; (d) any downloading, copying or other use of the website or its contents for the benefit of any third party; or (e) any use of data mining, robots or similar data gathering and extraction tools.  This website and its contents may not be reproduced, sold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of KushCo’s. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on this website or owned by KushCo’s without first obtaining KushCo’s express prior written consent.

This website may contain errors and may not be complete or current. Kushcoclothing.com therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability, and we reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

THE KUSHCOCLOTHING.COM WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY KUSHCOCLOTHING.COM ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. KUSHCOCLOTHING.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT THE WEBSITE OR EMAILS SENT FROM KUSHCOCLOTHING.COM ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KUSHCOCLOTHING.COM WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, KUSHCOCLOTHING.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

To the fullest extent allowed by applicable laws, neither Kushcoclothing.com nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this website, email sent in connection with this website or any other website linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Kushcoclothing.com is notified in advance of the potential for any such damages.  These terms are binding in New Jersey but some other jurisdictions limit consumer limitations of liability, so some or all of the provisions above may not apply to you.

Kushcoclothing.com does not make any representations or warranties about any website you may access through this website. Any such website is independent from Kushcoclothing.com, and Kushcoclothing.com has no control over, or responsibility with respect to, the information provided, or activities undertaken by any such website. A link between Kushcoclothing.com and another website does not mean that Kushcoclothing.com endorses that website. You need to make your own independent decisions regarding your interactions or communications with any other website.

Kushcoclothing.com does not want to receive confidential, proprietary or trade secret information through this website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to Kushcoclothing.com will be deemed non-confidential. And, by submitting any such information, you are granting Kushcoclothing.com an irrevocable, perpetual and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, including advertising. For example, we may use customer reviews from the site in our online or print advertising, along with first name only and city/state of residence.  Please refer to our User Generated Content Policy  for further information on any content you submit to this website.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send Kushcoclothing.com a notice at the address listed below requesting that we remove the material or block access to it, but you must include the following information:

(i)     Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii)     Identification of the content that you believe to be infringing and its location.  Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.
(iii)     Your name, address, telephone number, and (if available) email address.
(iv)     A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
(v)     A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
(vi)     A signature or the electronic equivalent from the copyright holder or authorized representative.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Copyright Agent, c/o KushCo’s Law Department, 11431 Rainier Avenue South, Seattle, Washington, 206.772.933. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Kushcoclothing.com has the right but assumes no voluntary duty to monitor and edit or remove any comments or product review (“Comments”) posted by users on this site. You are solely responsible for the Comments you post on or through this site, for their accuracy, and for the consequences of submitting and posting those Comments. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Comments posted on the site is at your own risk to the fullest extent allowed by applicable law. For example, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any Comments and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could in any way affect the operation of this site.

For more information on KushCo’s Customer Service Policies or to resolve a complaint regarding service, call 206.772.9333  during business hours. Notice for California Residents pursuant to CA Civil Code section 1789.3:  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

KushCo’s Purchase Alerts

If you have signed up for KushCo’s Purchase Alerts:

1.  You have agreed to receive KushCo’s Purchase Alerts — text messages to your mobile phone/device regarding the status of an order you are picking up at a KushCo’s store.  Your mobile number will be used to communicate with you by text message regarding the status of your order.  You must provide your mobile number with each new order to receive KushCo’s Purchase Alerts regarding that specific order.

2.  You understand and agree that the text messages sent to your mobile phone/device may be generated using automated technology.  Your consent to receive text messages is not required to make a purchase.

3.  Msg&Data Rates May Apply.  Your mobile carrier’s rates apply.  All charges are billed by and payable to your mobile service provider.  KushCo’s does not charge you for sending or receiving text messages to or from.

4.  3 msgs/transaction.

5.  You will receive a confirmation text.  If you have any questions, contact Customer Service at 206.772.9333.

6.  KushCo’s will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator.

7.  Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name, the date, time and content of your messages and other information you provide to us in connection with your order.  We may use this information to contact you and to provide the services you request from us.

8.  The service is available on these US carriers:  AT&T, Verizon Wireless, T-Mobile®, Sprint, U.S. Cellular®, Cincinnati Bell, and others.

 

Pricing Policy for Online Merchandise

At Kushcoclothing.com, we’re committed to offering our customers shopping convenience, exceptional service and an exciting product selection at competitive prices.

KUSHCO’S PRICE ADJUSTMENT POLICY:
If an item is further reduced in price within 10 days of when you purchased it, we’ll refund the difference in price when you present your original receipt. You may also present your order number and we’ll look it up. You can request a price adjustment by contacting us 
kushcoclothing@gmail.com.


UNDERSTANDING OUR PRICING:
Kushcoclothing.com and KushCo’s stores operate separately. This means that the products and prices offered at each may be different.

For example:

  • com might carry something not offered in stores
  • A coffeemaker may be priced differently in the stores than on Kushcoclothing.com.

Similarly, promotional offers (such as coupons and additional discounts) offered at one may not be used at the others.

For example:

  • In certain cases, a coupon offered in KushCo’s stores may not be applied toward purchases on Kushcoclothing.com.
  • Promo codes, free shipping offers and bonuses on Kushcoclothing.com may not be applied toward KushCo’s store purchases.

In addition, the prices and products offered for shipping to our international customers through our vendor partner, amazon.com, may differ from those offered on the US Kushcoclothing.com site. These differences, in part, reflect the additional costs associated with international shipping. Prices and products offered for international shipping through Amazon also may differ from those offered through other secondary international channels.

For your shopping convenience, KushCo’s Gift Cards and E-Gift Cards may be purchased and redeemed in any KushCo’s store and/or online at Kushcoclothing.com. However, Merchandise Certificates, as well as other certificates or awards issued by KushCo’s stores (e.g., reward certificates, merchandise only certificates, savings passes and bonus dollars), may only be used in KushCo’s stores and not online.

WHAT OUR PRICES AND TERMS MEAN:
“Regular” (REG.) and “Original” (ORIG.) prices are offering prices.  That means we offered the merchandise in our stores or on Kushcoclothing.com at those prices; however, we may not have sold the item at that price. So, the savings we show from regular prices may not be based on actual sales of the item.

Sales apply to selected items only. For example, if we say “Fine Jewelry on Sale,” it will include many items, but not all Fine Jewelry. If everything in the identified category is included, we say “all” (e.g. “All Diamond Jewelry on Sale”).

In some cases, we may advertise an item as on sale for an event, but then decide to permanently reduce the price of that item based on sales performance. In those cases, the item will remain at a reduced price.

When we use the terms “Original,” “Closeout,” “Clearance,” “Now,” “Permanent Markdown” or “Just Reduced,” it means the item has been permanently reduced and will not return to the original price.  That happens, for example, if we trying to clear out inventory (a clearance or closeout sale) or if we’ve permanently reduced the price of an item based on sales performance.

Though unusual, some ”Original” (ORIG.) prices may not have been in effect during the past 90 days. That may happen for items on clearance. Also, intermediate price reductions may have been taken.
For example, if an item is on clearance, we may keep reducing the price until we deplete our inventory. It might start at 25% off, and then proceed to 40%, 50% or more.

“Orig/Now,” “Clearance,” “Closeout” and “Special Purchase” offers are limited to stock on hand and are available only while supplies last.  Supplies may be limited because the item is often being cleared from inventory and will not be re-ordered, or because we have obtained a limited supply of an item to offer as a special purchase. When we offer such merchandise online, as you might expect, we often experience a high volume of orders. When that happens, our real-time inventory system sometimes is not able to keep up with demand, and we may have to cancel certain orders after they are accepted. We apologize for any inconvenience should this occur with your order.

The term “Everyday Value” represents the everyday price of an item.  Everyday Values are excluded from all “sales,” price reductions and coupons/KushCo’s Card savings. However, this merchandise may be reduced for clearance.

“Lowest Prices of the Season” on Kushcoclothing.com merchandise refers to four retail seasons per year: Spring (February-April); Summer (May-July); Fall (August-October); and Holiday/Winter (November-January). Prices may be lowered, however, during a season for clearance.

When we refer to “if purchased separately” pricing for a set (e.g., of cookware or cutlery), the “if purchased separately” savings are based on regular prices of the individual items that make up the set; actual savings will be less if those items are on sale.

At times, we will offer an additional discount when you use a promotional code. We may refer to these as value added promotional codes. Value added promotional codes apply to the merchandise described and generally have exclusions. For example, Specials, Morning Specials and online Web Busters generally are excluded. When you shop online, you will enter the code in your shopping bag and will see the amount by which your purchase price has been reduced.

While we try to ensure accuracy, we reserve the right to correct any errors in pricing or descriptions, and to cancel or refuse to accept any order based on an incorrect price or description. Such corrections may be made even after an order is accepted.

We hope this clarifies our policy. If you have any further questions, please contact us at 206.772.9333. Our goal is to provide you with full service and complete satisfaction, and we look forward to serving you in the future

 

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