Terms & Conditions

TERMS OF SERVICE OVERVIEW This website is operated by Apogee Brand. Throughout the site, the terms “we”, “us” and “our” refer to Apogee Brand. Apogee Brand offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.  Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.  ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION  We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.  This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy. THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.  PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. In no case shall Apogee Brand, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. INDEMNIFICATION You agree to indemnify, defend and hold harmless Apogee Brand and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1651 S Balboa Ave. Ontario, CA 91761 CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@apogeebrand.com   PRIVACY STATEMENT WHAT DO WE DO WITH YOUR INFORMATION? When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new products and other updates. CONSENT How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us: Apogee Brand - 1651 S Balboa Ave, Ontario CA 91761 DISCLOSURE We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.   SECURITY To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. AGE OF CONSENT By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.   QUESTIONS AND CONTACT INFORMATION If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at info@apogeebrand.com or by phone at (888)-988-7462.   RETURN/EXCHANGE POLICIES & CUSTOMER SERVICE RETURNS AND EXCHANGES Apogee accepts any unworn or unaltered merchandise with your claims made within 14 days of receiving your package. Original shipping charges and any shipping taxes are non-refundable. Contact info@apogeebrand.com for return and exchanges. Sale items + featured items are all FINAL SALE & cannot be returned or exchanged. Original shipping fees are non-refundable & return shipping is the responsibility of the customer. INCORRECT OR DAMAGED ITEMS  If you receive a damaged item you must notify us within 3 days of receipt.  It is the customers' responsibility to inspect all deliveries within 3 business days of receipt. All damaged items must have tags still attached and be in unworn condition. Any damages resulting in customer cutting package with scissors and cutting garments will not be replaced. Once we receive returned packages they are inspected & will be processed within 3-6 business days Any item(s) returned and unaccepted for refund will be shipped back to purchaser. Purchaser will be responsible for shipping costs. If you choose not to pay shipping charges to get it back to you, your items will be donated to charity after 30 days. SALES TAX We charge local sales taxes only in our sunny home state of California. ORDER CHARGES To get your items to you quickly, your credit card is charged when you place an order. If an item you have ordered is out of stock, you’ll be issued a refund for that item (see backorders below) and shipping charges and taxes will be adjusted accordingly. Though we check all orders very carefully before shipping, we cannot be responsible for incorrect information like credit card entries or addresses. Please review your order carefully before submitting your order. SHIPPING We ship via USPS to offer you the most economical shipping method possible. When your item ships, you will receive an email with the parcel number; this is a delivery confirmation number, NOT a tracking number. The number may not show or be updated within the USPS system even though it has shipped. Rest easy that your order is on its way (and try not to stalk the mail carrier…too much). Most in-stock items ship within 2 business days of ordering; however, some orders may take up to 4 business days to process. We cannot refund for expedited shipping charges if orders are shipped within this 48 hour processing time prior to shipping. PLEASE NOTE that we are NOT responsible for lost, stolen or undelivered packages. If you’d like to insure your shipment via USPS, please contact us prior to ordering. ALL LOST, STOLEN OR RETURNED packages paid without insurance are the responsibility of the buyer. In the rare event of a USPS failure, please contact them with any questions or concerns. INTERNATIONAL SHIPMENTS  Unfortunately Apogee Brand is not able to ship Internationally at this time. DELIVERY We ship to the Paypal or ship to address listed in the order confirmation. Any packages returned due to a wrong or incorrect address will be reshipped at the cost of the purchaser. Please check the Ship To address prior to confirming order. EXPRESS ORDERS Express orders must be received before 1:00pm PST to be shipped that same day. Additional fee will be added to rushed orders. Email us for details: info@apogeebrand.com PRICE ADJUSTMENTS + CODES Apogee Brand will occasionally have Flash Sales or Promotional Sales which are temporary price changes, we are unable to honor any price adjustments. Coupon codes must be entered at the time of purchase, no adjustments will be made if a code is not entered at the time of purchase. By purchasing from this site you agree to our policies. If you have any questions regarding our return policy, feel free to email us at info@apogeebrand.com **Please note any items that are sent back to us that are final sale items will be donated to charity. We do not resell any returned product**