CONDITIONS OF USE

Welcome to our online store! Tarks Tees and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. This agreement contains the terms and conditions that apply when using our website. Please read them carefully.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Tarks Tees (“we” or “us” or “our”) You agree that by accessing Tarks Tees (the “Site”), you have read, understood, and agree to be bound by all of these Terms of Use. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity to enter into the legally binding terms and you agree to comply with these Terms of Use; (4) you are at least 18 years old. Persons under the age of 18 are not permitted to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script, crawlers, robots, data mining or extraction tools or any other functionality; (7) you will not use the Site for any illegal or unauthorized purpose; (8) your use of the Site will not violate any applicable law or regulation; (8) you will only make purchases on the Website for your own use and enjoyment or, as a gift for another person.

REFUND POLICY

ALL SALES ARE FINAL. Everything Sold As Is. We do not offer refunds, returns or exchanges. Please review our Return Policy posted on the Site prior to making any purchases. Please ask any questions you may have about a product before purchasing. All items listed on Tarks Tees are previously owned items, and may show signs of age and/or wear. We disclose obvious flaws in any product, and also list measurements for proper fit, you agree that we are not liable for any defects, flaws or size issues in any purchased item on Tarks Tees. In the case of a product offered by Tarks Tees that is severely misrepresented in the description, you may be eligible to return it in its original condition for store credit only. (Minus original shipping costs, return shipping is the responsibility of the customer)

PRIVACY

Tarks Tees respects the privacy of its users. Tarks Tees collects certain information in order to fulfill your orders. Please review our separate Privacy Policy, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Tarks Tees or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

USER DATA

We will maintain certain data that you transmit to Tarks Tees for the purpose of managing the performance of Tarks Tees, 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 Tarks Tees arising from any such loss or corruption of such data.

COPYRIGHT & TRADEMARKS

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tarks Tees or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Tarks Tees, with copyright authorship for this collection by Tarks Tees, and protected by international copyright laws. Tarks Tees trademarks and trade dress may not be used in connection with any product or service that is not Tarks Tees, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tarks Tees. Tarks Tees, as a reseller of vintage, previously owned clothing, lists clothing from brands, manufacturers and retailers that are not affiliated with or endorsed by, connected to, or sponsored by Tarks Tees or its subsidiaries. All trademarks, trade names and service marks (registered and unregistered) not owned by Tarks Tees or its subsidiaries that appear on this site are the property of their respective owners.

LINKS TO OTHER WEBSITES

Our services may contain links to third-party websites or services that are not owned or controlled by Tarks Tees. Tarks Tees has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Tarks Tees shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

LICENSE AND SITE ACCESS

Tarks Tees grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tarks Tees. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tarks Tees. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tarks Tees and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Tarks Tees name or trademarks without the express written consent of Tarks Tees. Any unauthorized use terminates the permission or license granted by Tarks Tees . You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tarks Tees so long as the link does not portray Tarks Tees, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tarks Tees  logo or other proprietary graphic or trademark as part of the link without express written permission.

RISK OF LOSS

All items purchased from Tarks Tees are made pursuant to a shipment contract. You acknowledge and understand that the risk of loss for all items purchased pass to you upon delivery of the items by Tarks Tees to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. If you would like to purchase insurance and/or request Signature Confirmation at time of delivery, please let us know so we can add additional costs to your invoice.

PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate purchase information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site in our sole discretion, to comply with applicable law, or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms.

PRODUCT DESCRIPTIONS AND PRICING

Tarks Tees and its associates attempt to display as accurately as possible the descriptions, colors, features, and details of the products available on the Website. However, Tarks Tees does not warrant or guarantee that product descriptions, colors, features, details or other content of this site is accurate, complete, reliable, current, or error-free. Since colors may vary slightly due to computer monitor settings, we cannot guarantee that your computer monitor’s display of any color will be accurate, complete or error-free. Tarks Tees reserves the right to correct any typographical errors, inaccuracies, or omissions on the website that may relate to product descriptions, pricing and availability without prior notice. Tarks Tees does not guarantee against pricing errors. Tarks Tees reserves the right, at its discretion, to not process or to cancel any orders placed, if the price was incorrectly posted on the website. Tarks Tees also reserves the right, at its discretion, to correct any error in the stated retail price of any product listed on the website at any time.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY TARKS TEES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TARKS TEES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TARKS TEES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TARKS TEES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TARKS TEES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TARKS TEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) 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 our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and 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, the URL of the Website; (4) information reasonably sufficient to permit us to contact the complaining party, address, telephone number, and 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. Tarks Tees will only receive DMCA notices by e-mail at: [email protected] using subject line saying: “DMCA Copyright Infringement Notice”. Tarks Tees may elect to not respond to DMCA notices that do not comply with all of the above requirements.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

APPLICABLE LAW

By visiting Tarks Tees, you agree that the laws of the state of South Carolina, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Tarks Tees or its associates.

DISPUTES

Any dispute relating in any way to your visit to Tarks Tees or to products you purchase through Tarks Tees shall be submitted to confidential arbitration in South Carolina, USA, except that, to the extent you have in any manner violated or threatened to violate Tarks Tees intellectual property rights, Tarks Tees may seek injunctive or other appropriate relief in any state or federal court in the state of South Carolina, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Tarks Tees. We reserve the right to make changes to our site, prices, product descriptions, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You agree that these Terms of Use 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 of Use and the lack of signing by the parties hereto to execute these Terms of Use.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by emailing: [email protected] tees.com