Last updated: March 1, 2023
Introduction
Welcome to Ana® Jeans!
These Terms and Conditions (“Terms”) govern your use of our website located at anajeans.com (together or individually “Service”) operated by Ana Apparel Inc.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
By using our Service, you warrant and represent that you are at least 18 years of age.
Key Terms
“us” “we” “our” refers to Ana Apparel Inc., the creator, operator, and publisher of the Service available at anajeans.com.
“you” “your” refers to the user, customer, or viewer of the Service.
“Service” refers to the services that we provide through our website and through any other software, tools, APIs, or other online services that link to these Terms.
“Content” refers to all pages, images, information, data, text, and other digital assets displayed on or by the Service.
“post” or “posting” refers to any text, content, information, data, or other media you submit to the Service. This includes reviews, comments, any messages in forums, chat, your profile page if you register with us, and other input.
“Data” or “user data” refers to personal and non-personal information collected from you in connection with the Service.
Our Service
Our Service allows you to:
- Browse our collection of premium denim jeans and related apparel
- Read product details like size, fit, fabric, and reviews
- View styling guides and outfit ideas
- Purchase items online through our shopping cart system
- Create an account to manage orders, save shipping and payment information
- Engage with our brand community through blog, forums and social media
- Contact us for support or inquiries
We reserve the right to modify or terminate any portion of the Service without notice. We cannot guarantee the Service will be available at all times.
Using Our Service
You must follow any policies made available on the Service.
Don’t misuse our Service. For example, don’t interfere with our Service or try to access them using a method other than the interface and the instructions that we provide. You may use our Service only as permitted by law. We may suspend or stop providing our Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Service. Don’t remove, obscure, or alter any legal notices displayed in or along with our Service.
Our Service display some content that is not owned by Ana Apparel. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content.
In connection with your use of the Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Service are available on mobile devices. Do not use such Service in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Account
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether or not authorized by you. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use anyone else’s account without the express permission and consent of the account holder. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Privacy Policy
Please review our Privacy Policy for details on how we collect, use and disclose information from our users.
Purchasing Products
We make every effort to display colors of products as accurately as possible on our website. However, as the actual colors you see will depend on your monitor and various other factors, we cannot guarantee that the actual display of any color will exactly match the color of the actual product on delivery.
Product information and materials are provided for your convenience, but we do not warrant the accuracy or completeness of any product information or material. You agree that you have independently determined that the products you purchase are suitable for your needs.
Product prices and availability are subject to change without notice. Prices prevailing at commencement of placing the order will apply.
We work hard to ensure that the pricing displayed on our website is correct and up to date. However, if a pricing error is found, we reserve the right to cancel orders and refund any payments made.
Taxes on the Service are calculated based on the applicable rates where the order is shipped to. Taxes may also include VAT, sales tax, GST or any other taxes applicable by local city, state, provincial or federal law.
Shipping & Delivery timeframes displayed on our website only estimate the time it will take for a product to reach its destination based on the customer’s location and selected shipping method. Shipping times may vary due to weather, customs, delays by shipping companies and other circumstances.
We will arrange for your items to be shipped once your payment has been authorized and is effective.
If for any reason we are unable to ship your product within a reasonable timeframe, we will notify you of the delay and give you the option to cancel your order.
You are responsible for inspecting all items for defects or damage upon delivery and noting any issues with the courier at the time of delivery before signing to accept the items. We cannot accept liability for any lost, damaged or defective items in transit if this procedure is not followed.
Returns & Refunds may be available within 14 days of the original purchase date. Please review our Returns & Refunds policy for full details.
Promotions such as discounts, gift cards, coupons and vouchers are supplied by Ana Apparel at its sole discretion and may include specific terms and conditions beyond what is stated in these Terms. Promotions cannot be used retrospectively and cannot normally be combined or accrued with separate offers.
Gift Cards & Store Credit issued by Ana Apparel may only be redeemed toward purchases on the Service. Any unused balance will remain credited to your account. If your order exceeds the amount of your gift card, you must pay the balance with another payment method. Gift cards may also be subject to additional terms and conditions stated on the gift card.
Intellectual Property Rights
The Service and its Content are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Ana®, Ana Apparel®, Ana Jeans® and any other of our product names, logos, slogans or trademarks displayed on the Service are our registered and unregistered trademarks. You must not use or reproduce them without our prior written permission.
We reserve all rights not expressly granted in and to our Service. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein.
User Content
We may allow you to post content on the Service, including but not limited to user photos, comments, reviews, videos, forum posts, fan submitted content, and other submissions (“User Content”).
You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. However, by providing User Content via the Service, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, modify, distribute, publicly display, reproduce or translate the User Content in connection with operating and providing the Service.
We have no obligation to monitor, edit, or review User Content. However, we reserve the right to remove any User Content from the Service at our discretion.
Your User Content must not be illegal, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, privacy invasive, abusive, inflammatory, fraudulent or otherwise objectionable or injurious. You may not post violent, nude, or semi-nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, or other content.
User Behavior
In using the Service, you agree not to:
- Use the Service for any illegal purpose or that violates any local, state, national, or international law.
- Violate or encourage others to violate any right of or obligation owed to a third party, such as by infringing or misappropriating intellectual property, violating confidentiality or breaching a contract.
- Post, upload, transmit, share or store content that is unlawful, defamatory, misleading, inaccurate, abusive, offensive, fraudulent, pornographic, or that a reasonable person could deem objectionable, profane, indecent, harassing, threatening, embarrassing, hateful, discriminating or otherwise inappropriate.
- Interfere with security or functionality of, hack, interfere with, disrupt, disable, over-burden, compromise the system integrity or security of the Service or any other computer network or decipher any transmissions sent by or to the Service’s servers.
- Attempt to gain unauthorized access to the Service, user accounts, systems or networks.
- Impersonate any person or entity or falsely state an affiliation with any person or entity, including Ana Apparel.
- Distribute unsolicited promotional messages, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or similar communications.
- Solicit personal information, passwords or personally identifiable information from other users.
- Download, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, distribute, publicly display, publicly perform, make available or communicate to the public the Content except as expressly authorized by us.
- Use the Service for commercial purposes without our prior written consent, including distributing advertisements, solicitations, chain letters, pyramid schemes, mass mailings, or other commercial communications.
- Cause or launch any automated system to access the Service, including using scripts, bots or spiders.
- Interfere with the proper operation of the Service or impair the experience of another user.
- Share Content obtained through the Service without attribution and clear indication of whether modifications were made.
- Remove any copyright, trademark or other proprietary rights notices contained in the Service.
- Frame or utilize framing techniques to enclose any Content without our express written consent.
- Use any meta tags or any other hidden text utilizing our name, trademark or product name without our express written consent.
If we believe that you have violated these Terms, or any of our other policies, then we may in our sole discretion stop providing Service to you and take any other action to investigate or address any suspected breaches, including cooperating with law enforcement and disclosing any information necessary or helpful to such authorities. This may involve reporting misconduct to law enforcement or appropriate authorities.
Third Party Websites
The Service may contain links to or integrations with other websites maintained by us as well as third party sites operated by other entities. These third party sites have separate and independent terms of service and privacy policies. We have no responsibility or liability for the content and activities of any linked sites. Nonetheless, we seek to protect the integrity of our Service and welcome any feedback about any linked sites.
We provide links to third party sites as a convenience and this does not imply that we endorse, authorize, sponsor or recommend the third party or its products and services. You access such sites at your own risk. You should review any terms of service and privacy policies on third party sites before using them. You agree to take precautions to ensure that you are free from viruses or other destructive programs when downloading content via any third party website.
Warranties Disclaimer
We provide our Service using reasonable care and skill in accordance with applicable law.
However, we make no representations or warranties of any kind concerning the Service, whether express, implied, statutory or other. This includes warranties of title, merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, compatibility, security, lack of viruses or freedom from errors, omissions or other harmful properties.
Our Service are provided on an “as is” and “as available” basis without any warranties of any kind. We disclaim any and all warranties to the maximum extent permitted under law including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information obtained from us shall create any warranty not expressly stated in the terms.
We do not warrant that the Service will meet your requirements, provide uninterrupted use, or operate as intended, securely, without error or free from harmful components.
Use of our Service is done at your own discretion and risk. You will be solely responsible for any damage that results from the use and application of Service. You accept full responsibility and consequences arising from your actions, including any loss or damage to yourself or others.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so some of these limitations may not apply to you.
Limitation of Liability
We will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from:
- Your access or use or inability to access or use the Service.
- Any conduct or content of any third party, including on linked sites.
- Unauthorized access, use or alteration of Content.
- Termination of your account or suspension of your ability to access the Service.
- Any other matter relating to the Service.
In no event shall we be responsible for any damage, loss or injury resulting from hacking, tampering, virus transmission or other unauthorized access or use of the Service or your account, or any information contained therein.
In no event will our total aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Service or Content exceed the fees you paid to us in the twelve (12) months prior to the event giving rise to the liability, or one hundred dollars ($100) if you have not completed any orders, whichever is greater.
The limitations of damages set forth above are fundamental elements of the basis of the agreement between us and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply fully in those provinces. If you reside outside of British Columbia, you agree that the laws of British Columbia will nonetheless apply to any disputes arising out of or relating to these Terms.
Indemnification
You agree to defend, hold harmless and indemnify us, and its subsidiaries, affiliates, officers, directors, agents, partners and employees from any claim, loss, injury, damage, cost or attorneys’ fee that arises out of or relates to your use of the Service, violation of these Terms or infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
You agree that Ana Apparel 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 site or resource.
Governing Law
These Terms shall be governed by the laws in force in British Columbia, Canada. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions of these Terms will remain in effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings as mutually agreed to by the parties, any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or relating to these Terms or the Service shall be referred to and determined by binding arbitration in Vancouver, British Columbia before one arbitrator. The language of the arbitration shall be English. The parties agree to share equally in the arbitration costs incurred.
Changes to Terms
We may revise these Terms from time to time to better reflect:
- Applicable laws and regulations
- Changes to the Service
- Feedback from customers and users
If an update affects your use of the Service or your legal rights as a user of our Service, we will notify you prior to the changes taking effect by sending an email to the address associated with your account or providing notice through the Service.
Date of the most recent revisions will appear at the top of this page. If you do not agree to the revised Terms, you must stop using the Service prior to the changes taking effect.
Continued use of our Service after notice of changes have been provided will indicate your acknowledgement and agreement to be bound by the revised Terms.
