Terms & Conditions

TERMS OF USE

Welcome to the HigherApparel.com website (hereafter referred to as the “Site”) which is operated by or for Higher Apparel, its affiliates or related companies, referred to collectively as Higher Apparel. The following terms govern your use of and/or purchase of products from the Site. Be advised that your use of the Site constitutes your agreement to follow and be bound by all of the following terms and conditions (the “Agreement”).

GENERAL

We may from time to time change the terms that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, the Site from time to time, for any reason, with or without notice.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, music, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by Higher Apparel. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Higher Apparel.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

CORRECTION OF ERRORS AND INACCURACIES

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. Higher Apparel therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability or otherwise. We apologize for any inconvenience this may cause. If you are not fully satisfied with your purchase you may return it in its original condition, with the original packing receipt within 10 days of the order date, subject to compliance with all other terms and conditions of Higher Apparel’s Return Policy. Please refer directly to that policy for additional information. Such returns may be made to any Higher Apparel retail store or by mail.

RETURN POLICY

EXCHANGE ONLY – WHEN PURCHASED AT RETAIL PRICE. ALL DISCOUNTED ITEMS ARE FINAL SALE. NO EXCHANGES OR REFUNDS WHEN PURCHASED AT DISCOUNT OR USING COINBASE (CRYPTOCURRENCY). PLEASE BE AWARE SOME CRYPTOCURRENCIES LIKE ETHEREUM TAKE LONGER TO CONFIRM THAN OTHERS, PLEASE WAIT UNTIL YOU HAVE RECEIVED CONFIRMATION BEFORE LEAVING THE PAGE. PLEASE PAY THE EXACT AMOUNT OR THE ORDER WILL NOT BE PROCESSED, BUT YOUR CRYPTOCURRENCY WILL BE TRANSFERRED.

Exchange must be processed within 10 days of shipment receipt. All exchanges dependent on existing stock. Notice must be given to info@HigherApparel.com within 2 days for any problems or concerns with merchandise. Items must be in their original packaging, in as-new condition with both the printed receipt and return form when returned. Domestic customers are financially responsible for shipping the item back to Higher Apparel for the exchange. International customers are financially responsible for shipping the item back to Higher Apparel for the exchange, as well as for shipping the exchanged item back to their respective country.

Any product shipped back to Higher Apparel as an RTS (Return To Sender) for failure to deliver/receive/collect from the carrier or facility, will be subject to a $15 RTS Fee to cover reshipment costs. All customers should receive tracking details upon dispatch, and are expected to monitor tracking progress for any delivery exceptions. Packages that fail to be delivered/collected/or received are sent back to Higher Apparel at the company’s expense. The customer will be notified of said return by a service representative, the delivery address will be re-confirmed, and the RTS Fee must made payable through the original payment method.

Any product shipped back to Higher Apparel as a policy dispute or order refusal will be subject to a Forced Refund. Such customers will be refunded for order subtotal (minus original shipping costs paid) while instituting a $4-$8 restocking fee per item.

Higher Apparel will not issue credits or refunds for any difference in price on items purchased before the start of any sale. Orders placed at retail price, will have any exchange option available, while those purchasing at a sale price are considered final sale. All processed orders shipped before the start of any sale, may not be exchanged for items at their discounted price.

DELIVERY

EXPEDITED SHIPPING METHODS DO NOT INCLUDE PROCESSING TIME. Purchased items will be shipped within 10 business days of the order, although most will be shipped within 3 to 4. Please allow up to 2 weeks for your delivery to arrive. If you still have not received your purchase after 3 weeks, please notify info@HigherApparel.com. You will receive an email from info@HigherApparel.com when your order has been confirmed.

PRICES, SHIPPING & HANDLING CHARGES

All USA orders are shipped via UPS, USPS or Fedex. All international orders are shipped via UPS, Fedex or DHL. Carriers are selected based on the most efficient delivery. International customers are responsible for customs duties and/or brokerage fees in addition to shipping costs assessed during checkout. All California residents will incur sales tax as set by the State of California and/or the County to which your delivery will be shipped. Please contact info@HigherApparel.com if you have any questions.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Higher Apparel on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the sole property of Higher Apparel. Such disclosure, submission or offer of any Comments shall constitute an assignment to Higher Apparel of any and all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Higher Apparel shall own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Without limiting the foregoing,Higher Apparel is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you or any other person or entity any compensation for any Comments; or (3) to respond to any Comments.

You agree, represent and warrant that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will contain libelous or otherwise unlawful, abusive or obscene material. You are, and shall remain, solely responsible for the content of any Comments you make. You agree that Higher Apparel may use and/or disclose information about your demographics and use of the Site in any manner, subject to the terms of Higher Apparel Privacy Policy. Without limiting the foregoing, you agree that Higher Apparel may use your information for marketing and promotional purposes.

HIGHER APPAREL’S  COMMUNICATIONS TO YOU

You agree that Higher Apparel may send electronic mail or other communications to you for the purpose of advising you of changes or additions to the Site, about any of Higher Apparel products or services, or for such other purpose(s) as Higher Apparel deems appropriate. Please see Higher Apparel’s Privacy Policy.

PRODUCT INFORMATION

Most products displayed at the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in stores. Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

COLORS

We have made efforts to display accurately the colors of products that appear at the Site. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that the Site contains links to outside services and resources, the availability and content of which Higher Apparel does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER HIGHER APPAREL NOR ANY OF ITS AFFILIATES, OWNERS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Higher Apparel and/or any of its affiliates, owners, officers, directors, employees and/or agents from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

MISCELLANEOUS

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. You agree to bring any dispute arising under this Agreement exclusively in the State and Federal courts of the State of California in Los Angeles County.

TERMINATION

This Agreement is effective unless and until terminated by Higher Apparel.Higher Apparel may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Higher Apparel’s sole discretion you fail to comply with any term or provision of this Agreement, or if Higher Apparel for any reason otherwise so decides to terminate. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

FRAUD PREVENTION

Higher Apparel takes fraud prevention very serious and will continually work to protect the security of our card-carrying customers. We reserve the right to flag any online order for fraud prevention purposes. This may cause delays in processing. Customers are encouraged to provide accurate contact information and customer service representatives will make any correspondence attempts to the contact information provided. Customers submitting orders with varying information may be subject to such delays in processing. Flagged orders may be held from processing to await explanation regarding the variance between the billing and shipping information provided. First-time orders from new customers at above-average dollar amounts may only be authorized to ship to the billing address provided. Orders submitted using unsupported credit card information (often international) may be asked to confirm authorization by submitting a government-issued identification card that matches the information on file with the bank for the credit card holder. International customers who elect to ship to freight forwarding/drop shipping companies may have their orders canceled at managerial discretion.