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Terms of Service

These Terms of Service, together with any other terms, rules, guidelines and policies posted on our Site (collectively the "Terms of Service" or "TOS"), constitute an agreement between Equescouture, Inc., a Delaware corporation sometimes doing business as EQ Wear ("EQ Wear", "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at EQ Wear website, related micro-sites accessed through the URL www.EQ-Wear.com, related domain names, and any other website or micro-site of EQ Wear (collectively the "Site").


By visiting the Site, you are accepting and consenting to these TOS. We may modify these TOS from time to time and your continued use of this Site following such change shall constitute your agreement to be bound by the modified TOS.


If you are under 18, you must get your parent's or guardian's consent to our Privacy Policy and your use of the Site before you use this Site or any of this Site's services.


Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

REGISTRATION

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customercare@eq-wear.com. We may also change registration requirements from time to time.


The account password you provide should be unique and kept secure, and you must notify EQ Wear immediately of any breach of security or unauthorized use of your account. Although EQ Wear will not be liable for your losses caused by any unauthorized use of your account, you may be liable for EQ Wear's losses or others due to such unauthorized use.


Please refer to our Privacy Policy for information about how we use information we collect from you. 


ELIGIBILITY TO PURCHASE


The purchase of merchandise through EQ Wear is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Oklahoma.


In order to make purchases on the Site you will be required to provide personal information including your real name, phone number, e-mail address and other requested information. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.


The Site is available only to individuals and others who meet the EQ Wear terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to EQ Wear, and who have authorized EQ Wear to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. EQ Wear reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.


By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where EQ Wear feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.


Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.


Please refer to our Privacy Policy for further information about how we use the information we collect from you.

ORDERS

All orders are subject to acceptance and availability, and Items in your shopping cart are not reserved and may be purchased by other customers.


EQ Wear offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our leather, textile, designer and manufacturer suppliers. Consequently you may, from time to time, be given the possibility of making an advance payment for certain items in which case you are able to make an advance purchase. This will ensure that you receive this item in priority once the stock has been delivered to EQ Wear. EQ Wear will only take advance purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding advance purchase are the same as those for any other purchase at EQ Wear. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.


Items received into stock may be pre-allocated to satisfy advance payment orders and customers making advance payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected advance payment merchandise due to supply and or production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the advance payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.


On occasion, EQ Wear may offer made to order items. These orders will require advance, non-refundable payment.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.


EQ Wear will store a record of your transactions for a minimum of one year.

PRICING POLICY

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to Oklahoma and to the extent otherwise required by law. No other tax or import duty will be applied to orders shipped within the USA.


All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. 


Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during selling period.


Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.


If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

ACCEPTANCE OF YOUR ORDER


Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.


Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and EQ Wear will be perfected when we dispatch the goods to you at which time you will receive a second email containing your tracking number and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of Oklahoma, USA, and the language of the contract is English. 
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.


Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT


Payment can be made by Visa, MasterCard credit and debit cards, and any other methods which may be clearly advertised on the site from time to time. Payment will be debited and cleared from your account upon completion of the packing of your order by EQ Wear unless it is a made to order item when payment will be collected at the time the order is placed. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.


If the issuer of your credit/debit card refuses to authorize payment to EQ Wear, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately. Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.


We take reasonable care to make our Site secure. If you are a registered EQ Wear user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions that you have initiated.
 To help ensure that your shopping experience is safe, simple and secure EQ Wear uses Secure Socket Layer (SSL) technology.


Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but Iwe cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

GIFT CARDS

If offered by EQ Wear, EQ Wear Printed and Virtual Gift Cards are sold subject to the following terms and conditions:

-- No fees are imposed on EQ Wear Gift Cards and they do not expire;

-- Gift Cards can be redeemed for all products on the www.EQ-Wear.com site;

-- Gift Cards are non-transferable and may not be returned or redeemed for cash (except as required by law). If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page;

-- If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card;

-- If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page;

-- Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch;

-- EQ Wear is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address, this is the sole responsibility of the purchaser;

-- EQ Wear is not responsible if a Gift Card is lost, stolen, destroyed or used without permission;

-- EQ Wear reserves the right to cancel a Gift Card if we deem such action necessary;

-- Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders;

-- Sales tax and shipping is applicable on any products purchased with a EQ Wear Gift Card;

-- Shipping is applicable on Printed Gift Cards.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INSURANCE AND DELIVERY

EQ Wear insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by EQ Wear, and transfer of responsibility in the same way. 


The signature can be waived for domestic orders dispatched via UPS or other courier chosen by EQ Wear. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that EQ Wear can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize EQ Wear to leave the package(s) at the shipping address without obtaining a signature and release and indemnify EQ Wear from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.


Except for advance purchase and made to order items, EQ Wear aim to dispatch all orders within 24 to 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. EQ Wear are not responsible for any delays caused by destination customs clearance processes or other circumstances beyond our control.

RETURNS AND EXCHANGES

RETURNS MERCHANDIZE AUTHORIZATION

If you wish to return an item, a Returns Merchandize Authorization (RMA) number need be requested online within 14 days of receiving your order. Please refer to our Returns & Exchanges policy for details on how to request an RMA.


RETURNING YOUR PURCHASE

Making a return for a refund, store credit, or exchange is easy using either our Domestic Returns or International Returns service. All returns must be made within 14 days of receiving an RMA. For full details on how to return your purchase see our Returns & Exchanges policy.

EXCHANGES

You can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, including different color and/or fabric combinations, we ask that you return it for a store credit and purchase the new item separately.
 Made to order items may not be exchanged.

Processing, shipping and relevant tax and import duty charges will apply. See costs for Shipping and Returns.

RETURN POLICY

Items should be returned unused and with all EQ Wear and garment tags still attached. Returns that are damaged or soiled may not be accepted and may be returned to the customer.


Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.


Please email customercare@eq-wear.com if any of your purchases have been delivered without EQ Wear tags.


All items returned should have a RMA number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.

FAULTY GOODS

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.


If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

COLORS

EQ Wear make every effort to display as accurately as possible the colors of our products that appear on the Site. Please be advised that computer monitors vary on color display and we cannot guarantee that your monitor's display of any color will be completely accurate.

Further, our natural products such as leather and denim, will vary both from piece to piece and even within the same piece. Please make this allowance when selecting your products.

INTELLECTUAL PROPERTY RIGHTS


You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including EQ Wear software and all HTML and other code contained in this Site, shall remain at all times vested in EQ Wear and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by EQ Wear and/or its third party licensors. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

You also acknowledge that certain designs associated with the apparel sold on the Site are protected by patents of the United States of America.

CONTENT; DISCLAIMERS

In addition to the intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. EQ WEAR tries to ensure that the information on this site is accurate and complete. EQ Wear does not warrant or represent that your use of such Content is accurate, error-free or reliable or that your use of EQ Wear's Content will not infringe rights of third parties. Your use of the Site is at your risk. EQ Wear does not warrant that the functional aspects of the Site or the Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site or any Content results in the need for servicing or replacing property, material, equipment or data, EQ Wear is not responsible for those costs or damages. EQ Wear and its suppliers make no warranties about any Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on the Site. EQ Wear reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that EQ Wear is not liable to you or any third party for any such withdrawal. 


By posting on or through the Site you agree to be solely responsible for the content of all information you contribute. You also grant to EQ Wear a right to use any content you provide for its own purposes including republication in any form or media. If you have a complaint about any posts please mail customercare@eq-wear.com. EQ Wear reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Site is available to the public, information you consider confidential should not be posted to this Site. 


The personal opinions of the designers and labels whose products we may sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of EQ Wear and we accept no responsibility for any such views expressed in any media.


NO COMMERCIAL USE


This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY


You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.


You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.


You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.


THIRD PARTY


We may include hyperlinks on this Site to other websites or resources operated by parties other than EQ Wear, including advertisers. EQ Wear has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.


DISCLAIMERS

EQ Wear makes no warranties, whether express or implied in regarding the accuracy of any Content posted on the Site. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of Oklahoma.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

To the fullest extent permitted by law, in no event will EQ Wear, its affiliates, officers, employees, agents, suppliers, or licensors be liable for indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not EQ Wear has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

INDEMNIFICATION


You agree fully to defend, indemnify and hold harmless EQ Wear, immediately on demand, its officers, directors, stockholders, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.


DIGITAL MILLENNIUM COPYRIGHT ACT


If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

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 at a single online site are covered by a single notification, a representative list of such works at that 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 the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

5. A statement that you have 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; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact our Copyright Agent as follows:
 Equescouture, Inc., 3633 South Yorktown Place, Tulsa, OK 74105-3451, 
Attn: Copyright Agent, 
Tel: 1 918-582-3897.

GENERAL LEGAL TERMS

THESE TERMS OF SERVICE AND THE USE OF THE SITE AND PURCHASE OF MERCHANDISE THOUGH THE SITE WILL BE GOVERNED BY OKLAHOMA EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF TUSLA, OKLAHOMA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms of Service constitute the entire and exclusive agreement between you and EQ Wear with respect to the Site and other matters covered herein, and supersede and replace any other agreements, terms and conditions applicable thereto. These Terms of Service create no third party beneficiary rights. EQ Wear’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms of Service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Service, and any such attempt is void, but EQ Wear may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Site. EQ Wear and you are not legal partners or agents; instead, our relationship is that of independent contractors. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the purchase of products on or though the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.