0


VIEW CART
TERMS AND CONDITIONS
1. INTRODUCTION WELCOME TO THE BLACK MARKET WEBSITE AND CO-BRANDED VERSIONS OF THE WEBSITE LOCATED AT URLS THAT RESOLVE TO THE DOMAIN NAME BLACKMARKETNEWYORK.COM (THE "WEBSITE" OR "SITE"). AS YOU HAVE NO DOUBT EXPERIENCED WITH VIRTUALLY ALL WEBSITES, YOUR USE OF THIS SITE IS SUBJECT TO CERTAIN TERMS AND CONDITIONS OF USE (THESE "TERMS") SET FORTH BELOW. THESE TERMS ARE IMPORTANT FOR BOTH YOU AND US AS THEY CREATE A LEGALLY BINDING AGREEMENT BETWEEN US, PROTECTING YOUR RIGHTS AS A VALUED CUSTOMER AND OUR RIGHTS AS A BUSINESS.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE AND/OR PLACING AN ORDER FROM THIS SITE, YOU ACCEPT THESE TERMS AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE BINDING ARBITRATION AND WAIVER OF THE RIGHT TO CLASS ACTION AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE.

THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU (HEREINAFTER, "YOU" OR "YOUR") AND POMADE LLC, LIMITED LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THE STATE OF DELAWARE WITH ITS PRINCIPAL ADDRESS AT 325 W 38TH STREET, SUITE 1601, NEW YORK, NY 10018, DOING BUSINESS AS BLACK MARKET (HEREINAFTER, "US," "OUR," "WE," “BLACK MARKET,” OR THE "VENDOR"), IN RELATION TO YOUR USE OF THE WEBSITE, THE GOODS/SERVICES OFFERED AND SOLD THROUGH THIS WEBSITE, AND ANY ORDERS YOU PLACE THROUGH THE WEBSITE (COLLECTIVELY, THE “BLACK MARKET SERVICES"). BEFORE YOU PLACE AN ORDER, PLEASE CAREFULLY READ THESE TERMS AND OUR PRIVACY POLICY. IF YOU HAVE ANY QUESTIONS ABOUT THE TERMS OR THE PRIVACY POLICY, YOU MAY CONTACT US THROUGH OUR CONTACT WEB FORM.
2. DISPUTES YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE TERMS, THE GIFT CARD TERMS, THE SITE, THE PRIVACY POLICY, AND/OR THE BLACK MARKET SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN A LOCATION DETERMINED BY THE ARBITRATOR AS SET FORTH HEREIN (PROVIDED THAT SUCH LOCATION IS REASONABLY CONVENIENT FOR YOU IN YOUR HOMETOWN AREA), OR AT SUCH OTHER LOCATION AS MAY BE MUTUALLY AGREED UPON BY THE PARTIES, IN ACCORDANCE WITH THE APPLICABLE PROCEDURAL RULES SET FORTH IN THE THEN PREVAILING COMPREHENSIVE ARBITRATION RULES AND PROCEDURES OF JAMS (“JAMS RULES AND PROCEDURES”), AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE JAMS RULES AND PROCEDURES ARE AVAILABLE AT WWW.JAMSADR.COM OR BY CALLING (800) 352-5267. THE ARBITRATOR SHALL BE SELECTED PURSUANT TO THE JAMS RULES AND PROCEDURES. ALTERNATIVELY, YOU MAY ASSERT YOUR CLAIMS IN SMALL CLAIMS COURT IN ACCORDANCE WITH THE TERMS OF THESE TERMS IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS. THE ARBITRATOR SHALL APPLY NEW YORK LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT AND APPLICABLE STATUTES OF LIMITATIONS, AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW. IF YOU INITIATE ARBITRATION AGAINST BLACK MARKET, YOU WILL NOT BE RESPONSIBLE FOR PROFESSIONAL FEES FOR THE ARBITRATOR’S SERVICES OR ANY OTHER JAMS FEES. IF BLACK MARKET INITIATES ARBITRATION AGAINST YOU, BLACK MARKET WILL PAY FOR THE ARBITRATOR’S SERVICES AND ANY OTHER JAMS FEES ASSOCIATED WITH THE ARBITRATION. IN THE EVENT THAT THE CLAIMANT IS ABLE TO DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE COST PROHIBITIVE OR GREATER THAN THE COSTS OF LITIGATION, BLACK MARKET WILL PAY AS MUCH OF THE CLAIMANT’S FILING AND HEARING FEES IN CONNECTION WITH THE ARBITRATION AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE OR MORE EXPENSIVE THAN THE COST OF LITIGATION. IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE OR ILLEGAL (OTHER THAN THE CONDITION THAT CLAIMS WILL NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS), OR OTHERWISE CONFLICTS WITH THE RULES AND PROCEDURES ESTABLISHED BY JAMS, THEN THE BALANCE OF THIS ARBITRATION PROVISION SHALL REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID, UNENFORCEABLE, ILLEGAL OR CONFLICTING PROVISION WERE NOT CONTAINED HEREIN. IF, HOWEVER, THE PORTION THAT IS DEEMED INVALID, UNENFORCEABLE OR ILLEGAL IS THAT CLAIMS WILL NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, AND NEITHER CLAIMANT NOR BLACK MARKET SHALL BE ENTITLED TO ARBITRATE THEIR DISPUTE.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE SITE, ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

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 OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE MOBILE APP, THE PRIVACY POLICY, THE GIFT CARD TERMS, AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, THE GIFT CARD TERMS, THE PRIVACY POLICY, THE SITE, AND/OR THE BLACK MARKET SERVICES SHALL BE RESOLVED IN ACCORDANCE WITH THE LAWS OF STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES. ANY DISPUTES, ACTIONS OR PROCEEDINGS RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE NOT SUBJECT TO THE ARBITRATION PROVISIONS SET FORTH HEREIN MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN THE STATE OF NEW YORK AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS.
3. USE OF WEBSITE YOU AGREE THAT:

A. YOU MAY ONLY USE THE WEBSITE AND/OR MOBILE APP TO MAKE LEGITIMATE INQUIRIES OR ORDERS.

B. YOU WILL NOT MAKE ANY SPECULATIVE, FALSE OR FRAUDULENT ORDERS. IF WE ARE REASONABLY OF THE OPINION THAT SUCH AN ORDER HAS BEEN MADE, WE SHALL BE ENTITLED TO CANCEL THE ORDER AND INFORM THE RELEVANT AUTHORITIES.

C. YOU ALSO AGREE TO PROVIDE CORRECT AND ACCURATE EMAIL, POSTAL AND/OR OTHER CONTACT DETAILS TO US AND ACKNOWLEDGE THAT WE MAY USE THESE DETAILS TO CONTACT YOU IN THE EVENT THAT THIS SHOULD PROVE NECESSARY (SEE OUR PRIVACY POLICY FOR MORE INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION).

D. IF YOU DO NOT GIVE US ALL OF THE INFORMATION THAT WE NEED, WE MAY NOT BE ABLE TO COMPLETE YOUR ORDER. YOU WILL NOT ATTEMPT TO INTERFERE OR INTERFERE IN ANY WAY WITH THE SITE'S NETWORK, OR RELATED NETWORK SECURITY, OR ATTEMPT TO USE THE SITE'S SERVICE TO GAIN UNAUTHORIZED ACCESS TO ANY OTHER COMPUTER SYSTEM.

E. YOU WILL NOT USE THE SITE TO COMMUNICATE, TRANSMIT, OR POST MATERIAL THAT INFRINGES ON THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHT OF ANOTHER PERSON OR ENTITY.

F. YOU WILL NOT USE THE SITE TO ENGAGE IN CONDUCT THAT WOULD CONSTITUTE A CIVIL OR CRIMINAL OFFENSE, OR THAT OTHERWISE VIOLATES ANY CITY, STATE, NATIONAL OR INTERNATIONAL LAW OR REGULATION.

G. BY PLACING AN ORDER THROUGH THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS.
4. SERVICE AVAILABILITY PRODUCTS OFFERED THROUGH THE WEBSITE ARE ONLY AVAILABLE FOR DELIVERY TO RESIDENTS OF THE UNITED STATES. AT THIS TIME WE ARE UNABLE TO DELIVER TO APO ADDRESSES AND US TERRITORIES, AS WELL AS FREIGHT COMPANIES.
5. AVAILABILITY OF PRODUCTS & REFUSAL OF ORDERS ALL ORDERS FOR PRODUCTS ARE SUBJECT TO AVAILABILITY AND IN THIS REGARD, IN THE EVENT OF SUPPLY DIFFICULTIES OR BECAUSE PRODUCTS ARE NO LONGER IN STOCK, WE RESERVE THE RIGHT TO GIVE YOU INFORMATION ABOUT SUBSTITUTE PRODUCTS OF AN EQUAL OR HIGHER QUALITY AND VALUE WHICH YOU CAN ORDER. IF YOU DO NOT WISH TO ORDER SUCH SUBSTITUTE PRODUCTS, WE WILL REFUND ANY MONIES THAT YOU MIGHT HAVE PAID.

WE RESERVE THE RIGHT TO WITHDRAW ANY PRODUCT FROM THE WEBSITE AT ANY TIME AND/OR REMOVE OR EDIT ANY MATERIALS OR CONTENT ON THE WEBSITE. WHILE WE WILL MAKE REASONABLE EFFORTS TO PROCESS ALL ORDERS, THERE MAY BE EXCEPTIONAL CIRCUMSTANCES THAT MAY REQUIRE US TO REFUSE TO PROCESS AN ORDER AFTER WE HAVE SENT YOU AN ORDER CONFIRMATION; AND WE RESERVE THE RIGHT TO REFUSE TO PROCESS AN ORDER AT ANY TIME, AT OUR SOLE DISCRETION.

WE WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY BY REASON OF OUR WITHDRAWING ANY PRODUCT FROM THE WEBSITE, WHETHER IT HAS BEEN SOLD OR NOT, REMOVING OR EDITING ANY MATERIALS OR CONTENTS ON THE WEBSITE OR FOR REFUSING TO PROCESS OR ACCEPT AN ORDER AFTER WE HAVE SENT YOU THE ORDER CONFIRMATION
6. REFUNDS, RETURNS & DELIVERY EXCEPT AS SET FORTH BELOW, WE AGREE TO REFUND ANY PRODUCT YOU ARE NOT COMPLETELY HAPPY WITH WHEN YOU RETURN IT TO US WITHIN 1 MONTH OF THE DATE OF THE SHIPMENT CONFIRMATION, UNLESS A LONGER PERIOD OF TIME IS SPECIFIED IN WRITING AT THE TIME OF PURCHASE, ORDER CONFIRMATION OR SHIPMENT CONFIRMATION, IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN. YOU SHALL RECEIVE A FULL REFUND OF THE PRICE PAID FOR THE PRODUCTS IN ACCORDANCE WITH OUR RETURNS POLICY (SEE BELOW CLAUSE 13). REFUNDS WILL BE CREDITED TO YOUR ORIGINAL METHOD OF PAYMENT.

YOUR RIGHT TO A REFUND ONLY APPLIES TO PRODUCT(S) THAT ARE RETURNED IN THE SAME CONDITION AS YOU RECEIVED THEM. YOU MUST ALSO INCLUDE ALL OF THE PRODUCTS' INSTRUCTIONS, DOCUMENTS AND WRAPPINGS. ANY PRODUCT WHICH IS DAMAGED OR NOT IN THE SAME CONDITION AS YOU RECEIVED IT WILL NOT BE REFUNDED. YOU SHOULD THEREFORE TAKE REASONABLE CARE OF THE PRODUCT(S) WHILE THEY ARE IN YOUR POSSESSION AND, WHEN POSSIBLE, RETAIN THE ORIGINAL BOXES FOR THE RETURN OF THE PRODUCT(S).

UNLESS THERE ARE ANY EXCEPTIONAL CIRCUMSTANCES, WE WILL ENDEAVOR TO FULFILL YOUR ORDER FOR PRODUCT(S) LISTED IN THE SHIPMENT CONFIRMATION BY THE DELIVERY DATE SET OUT IN THE SHIPMENT CONFIRMATION OR, IF NO ESTIMATED DELIVERY DATE IS SPECIFIED, WITHIN 15 BUSINESS DAYS OF THE DATE OF THE SHIPMENT CONFIRMATION. DELIVERY TO ALASKA AND HAWAII MAY TAKE UP TO 20 BUSINESS DAYS OF THE SHIPMENT CONFIRMATION. IF WE ARE UNABLE TO DELIVER THE GOODS, WE WILL TRY TO FIND A SAFE SECURE PLACE TO LEAVE YOUR PARCEL. PLEASE NOTE THAT AN ORDER CAN BE DELIVERED TO A NEIGHBOR, IN CASE A DELIVERY ATTEMPT IS UNSUCCESSFUL. DELIVERY TO A NEIGHBOR ADDRESS IS UPON JUDGMENT OF THE DRIVER. SIGNATURE REQUIRED ORDERS WHICH CANNOT BE DELIVERED WILL BE RETURNED TO WAREHOUSE.
7. CONTACT US WITH QUESTIONS / FEEBACK WE WELCOME YOUR QUESTIONS, COMMENTS AND FEEDBACK. PLEASE SEND ALL QUESTIONS, COMMENTS AND FEEDBACK TO US VIA THE CONTACT INFORMATION PROVIDED ON OUR "CONTACT US” WEBPAGE.

LAST UPDATED NOVEMBER 1, 2016

SHOP
TERMS AND CONDITIONS
1. INTRODUCTION WELCOME TO THE BLACK MARKET WEBSITE AND CO-BRANDED VERSIONS OF THE WEBSITE LOCATED AT URLS THAT RESOLVE TO THE DOMAIN NAME BLACKMARKETNEWYORK.COM (THE "WEBSITE" OR "SITE"). AS YOU HAVE NO DOUBT EXPERIENCED WITH VIRTUALLY ALL WEBSITES, YOUR USE OF THIS SITE IS SUBJECT TO CERTAIN TERMS AND CONDITIONS OF USE (THESE "TERMS") SET FORTH BELOW. THESE TERMS ARE IMPORTANT FOR BOTH YOU AND US AS THEY CREATE A LEGALLY BINDING AGREEMENT BETWEEN US, PROTECTING YOUR RIGHTS AS A VALUED CUSTOMER AND OUR RIGHTS AS A BUSINESS.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE AND/OR PLACING AN ORDER FROM THIS SITE, YOU ACCEPT THESE TERMS AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE BINDING ARBITRATION AND WAIVER OF THE RIGHT TO CLASS ACTION AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE.

THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU (HEREINAFTER, "YOU" OR "YOUR") AND POMADE LLC, LIMITED LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THE STATE OF DELAWARE WITH ITS PRINCIPAL ADDRESS AT 325 W 38TH STREET, SUITE 1601, NEW YORK, NY 10018, DOING BUSINESS AS BLACK MARKET (HEREINAFTER, "US," "OUR," "WE," “BLACK MARKET,” OR THE "VENDOR"), IN RELATION TO YOUR USE OF THE WEBSITE, THE GOODS/SERVICES OFFERED AND SOLD THROUGH THIS WEBSITE, AND ANY ORDERS YOU PLACE THROUGH THE WEBSITE (COLLECTIVELY, THE “BLACK MARKET SERVICES"). BEFORE YOU PLACE AN ORDER, PLEASE CAREFULLY READ THESE TERMS AND OUR PRIVACY POLICY. IF YOU HAVE ANY QUESTIONS ABOUT THE TERMS OR THE PRIVACY POLICY, YOU MAY CONTACT US THROUGH OUR CONTACT WEB FORM.
2. DISPUTES YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE TERMS, THE GIFT CARD TERMS, THE SITE, THE PRIVACY POLICY, AND/OR THE BLACK MARKET SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN A LOCATION DETERMINED BY THE ARBITRATOR AS SET FORTH HEREIN (PROVIDED THAT SUCH LOCATION IS REASONABLY CONVENIENT FOR YOU IN YOUR HOMETOWN AREA), OR AT SUCH OTHER LOCATION AS MAY BE MUTUALLY AGREED UPON BY THE PARTIES, IN ACCORDANCE WITH THE APPLICABLE PROCEDURAL RULES SET FORTH IN THE THEN PREVAILING COMPREHENSIVE ARBITRATION RULES AND PROCEDURES OF JAMS (“JAMS RULES AND PROCEDURES”), AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE JAMS RULES AND PROCEDURES ARE AVAILABLE AT WWW.JAMSADR.COM OR BY CALLING (800) 352-5267. THE ARBITRATOR SHALL BE SELECTED PURSUANT TO THE JAMS RULES AND PROCEDURES. ALTERNATIVELY, YOU MAY ASSERT YOUR CLAIMS IN SMALL CLAIMS COURT IN ACCORDANCE WITH THE TERMS OF THESE TERMS IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS. THE ARBITRATOR SHALL APPLY NEW YORK LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT AND APPLICABLE STATUTES OF LIMITATIONS, AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW. IF YOU INITIATE ARBITRATION AGAINST BLACK MARKET, YOU WILL NOT BE RESPONSIBLE FOR PROFESSIONAL FEES FOR THE ARBITRATOR’S SERVICES OR ANY OTHER JAMS FEES. IF BLACK MARKET INITIATES ARBITRATION AGAINST YOU, BLACK MARKET WILL PAY FOR THE ARBITRATOR’S SERVICES AND ANY OTHER JAMS FEES ASSOCIATED WITH THE ARBITRATION. IN THE EVENT THAT THE CLAIMANT IS ABLE TO DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE COST PROHIBITIVE OR GREATER THAN THE COSTS OF LITIGATION, BLACK MARKET WILL PAY AS MUCH OF THE CLAIMANT’S FILING AND HEARING FEES IN CONNECTION WITH THE ARBITRATION AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE OR MORE EXPENSIVE THAN THE COST OF LITIGATION. IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE OR ILLEGAL (OTHER THAN THE CONDITION THAT CLAIMS WILL NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS), OR OTHERWISE CONFLICTS WITH THE RULES AND PROCEDURES ESTABLISHED BY JAMS, THEN THE BALANCE OF THIS ARBITRATION PROVISION SHALL REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID, UNENFORCEABLE, ILLEGAL OR CONFLICTING PROVISION WERE NOT CONTAINED HEREIN. IF, HOWEVER, THE PORTION THAT IS DEEMED INVALID, UNENFORCEABLE OR ILLEGAL IS THAT CLAIMS WILL NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, AND NEITHER CLAIMANT NOR BLACK MARKET SHALL BE ENTITLED TO ARBITRATE THEIR DISPUTE.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE SITE, ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

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 OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE MOBILE APP, THE PRIVACY POLICY, THE GIFT CARD TERMS, AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, THE GIFT CARD TERMS, THE PRIVACY POLICY, THE SITE, AND/OR THE BLACK MARKET SERVICES SHALL BE RESOLVED IN ACCORDANCE WITH THE LAWS OF STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES. ANY DISPUTES, ACTIONS OR PROCEEDINGS RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE NOT SUBJECT TO THE ARBITRATION PROVISIONS SET FORTH HEREIN MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN THE STATE OF NEW YORK AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS.
3. USE OF WEBSITE YOU AGREE THAT:

A. YOU MAY ONLY USE THE WEBSITE AND/OR MOBILE APP TO MAKE LEGITIMATE INQUIRIES OR ORDERS.

B. YOU WILL NOT MAKE ANY SPECULATIVE, FALSE OR FRAUDULENT ORDERS. IF WE ARE REASONABLY OF THE OPINION THAT SUCH AN ORDER HAS BEEN MADE, WE SHALL BE ENTITLED TO CANCEL THE ORDER AND INFORM THE RELEVANT AUTHORITIES.

C. YOU ALSO AGREE TO PROVIDE CORRECT AND ACCURATE EMAIL, POSTAL AND/OR OTHER CONTACT DETAILS TO US AND ACKNOWLEDGE THAT WE MAY USE THESE DETAILS TO CONTACT YOU IN THE EVENT THAT THIS SHOULD PROVE NECESSARY (SEE OUR PRIVACY POLICY FOR MORE INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION).

D. IF YOU DO NOT GIVE US ALL OF THE INFORMATION THAT WE NEED, WE MAY NOT BE ABLE TO COMPLETE YOUR ORDER. YOU WILL NOT ATTEMPT TO INTERFERE OR INTERFERE IN ANY WAY WITH THE SITE'S NETWORK, OR RELATED NETWORK SECURITY, OR ATTEMPT TO USE THE SITE'S SERVICE TO GAIN UNAUTHORIZED ACCESS TO ANY OTHER COMPUTER SYSTEM.

E. YOU WILL NOT USE THE SITE TO COMMUNICATE, TRANSMIT, OR POST MATERIAL THAT INFRINGES ON THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHT OF ANOTHER PERSON OR ENTITY.

F. YOU WILL NOT USE THE SITE TO ENGAGE IN CONDUCT THAT WOULD CONSTITUTE A CIVIL OR CRIMINAL OFFENSE, OR THAT OTHERWISE VIOLATES ANY CITY, STATE, NATIONAL OR INTERNATIONAL LAW OR REGULATION.

G. BY PLACING AN ORDER THROUGH THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS.
4. SERVICE AVAILABILITY PRODUCTS OFFERED THROUGH THE WEBSITE ARE ONLY AVAILABLE FOR DELIVERY TO RESIDENTS OF THE UNITED STATES. AT THIS TIME WE ARE UNABLE TO DELIVER TO APO ADDRESSES AND US TERRITORIES, AS WELL AS FREIGHT COMPANIES.
5. AVAILABILITY OF PRODUCTS & REFUSAL OF ORDERS ALL ORDERS FOR PRODUCTS ARE SUBJECT TO AVAILABILITY AND IN THIS REGARD, IN THE EVENT OF SUPPLY DIFFICULTIES OR BECAUSE PRODUCTS ARE NO LONGER IN STOCK, WE RESERVE THE RIGHT TO GIVE YOU INFORMATION ABOUT SUBSTITUTE PRODUCTS OF AN EQUAL OR HIGHER QUALITY AND VALUE WHICH YOU CAN ORDER. IF YOU DO NOT WISH TO ORDER SUCH SUBSTITUTE PRODUCTS, WE WILL REFUND ANY MONIES THAT YOU MIGHT HAVE PAID.

WE RESERVE THE RIGHT TO WITHDRAW ANY PRODUCT FROM THE WEBSITE AT ANY TIME AND/OR REMOVE OR EDIT ANY MATERIALS OR CONTENT ON THE WEBSITE. WHILE WE WILL MAKE REASONABLE EFFORTS TO PROCESS ALL ORDERS, THERE MAY BE EXCEPTIONAL CIRCUMSTANCES THAT MAY REQUIRE US TO REFUSE TO PROCESS AN ORDER AFTER WE HAVE SENT YOU AN ORDER CONFIRMATION; AND WE RESERVE THE RIGHT TO REFUSE TO PROCESS AN ORDER AT ANY TIME, AT OUR SOLE DISCRETION.

WE WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY BY REASON OF OUR WITHDRAWING ANY PRODUCT FROM THE WEBSITE, WHETHER IT HAS BEEN SOLD OR NOT, REMOVING OR EDITING ANY MATERIALS OR CONTENTS ON THE WEBSITE OR FOR REFUSING TO PROCESS OR ACCEPT AN ORDER AFTER WE HAVE SENT YOU THE ORDER CONFIRMATION
6. REFUNDS, RETURNS & DELIVERY EXCEPT AS SET FORTH BELOW, WE AGREE TO REFUND ANY PRODUCT YOU ARE NOT COMPLETELY HAPPY WITH WHEN YOU RETURN IT TO US WITHIN 1 MONTH OF THE DATE OF THE SHIPMENT CONFIRMATION, UNLESS A LONGER PERIOD OF TIME IS SPECIFIED IN WRITING AT THE TIME OF PURCHASE, ORDER CONFIRMATION OR SHIPMENT CONFIRMATION, IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN. YOU SHALL RECEIVE A FULL REFUND OF THE PRICE PAID FOR THE PRODUCTS IN ACCORDANCE WITH OUR RETURNS POLICY (SEE BELOW CLAUSE 13). REFUNDS WILL BE CREDITED TO YOUR ORIGINAL METHOD OF PAYMENT.

YOUR RIGHT TO A REFUND ONLY APPLIES TO PRODUCT(S) THAT ARE RETURNED IN THE SAME CONDITION AS YOU RECEIVED THEM. YOU MUST ALSO INCLUDE ALL OF THE PRODUCTS' INSTRUCTIONS, DOCUMENTS AND WRAPPINGS. ANY PRODUCT WHICH IS DAMAGED OR NOT IN THE SAME CONDITION AS YOU RECEIVED IT WILL NOT BE REFUNDED. YOU SHOULD THEREFORE TAKE REASONABLE CARE OF THE PRODUCT(S) WHILE THEY ARE IN YOUR POSSESSION AND, WHEN POSSIBLE, RETAIN THE ORIGINAL BOXES FOR THE RETURN OF THE PRODUCT(S).

UNLESS THERE ARE ANY EXCEPTIONAL CIRCUMSTANCES, WE WILL ENDEAVOR TO FULFILL YOUR ORDER FOR PRODUCT(S) LISTED IN THE SHIPMENT CONFIRMATION BY THE DELIVERY DATE SET OUT IN THE SHIPMENT CONFIRMATION OR, IF NO ESTIMATED DELIVERY DATE IS SPECIFIED, WITHIN 15 BUSINESS DAYS OF THE DATE OF THE SHIPMENT CONFIRMATION. DELIVERY TO ALASKA AND HAWAII MAY TAKE UP TO 20 BUSINESS DAYS OF THE SHIPMENT CONFIRMATION. IF WE ARE UNABLE TO DELIVER THE GOODS, WE WILL TRY TO FIND A SAFE SECURE PLACE TO LEAVE YOUR PARCEL. PLEASE NOTE THAT AN ORDER CAN BE DELIVERED TO A NEIGHBOR, IN CASE A DELIVERY ATTEMPT IS UNSUCCESSFUL. DELIVERY TO A NEIGHBOR ADDRESS IS UPON JUDGMENT OF THE DRIVER. SIGNATURE REQUIRED ORDERS WHICH CANNOT BE DELIVERED WILL BE RETURNED TO WAREHOUSE.
7. CONTACT US WITH QUESTIONS / FEEBACK WE WELCOME YOUR QUESTIONS, COMMENTS AND FEEDBACK. PLEASE SEND ALL QUESTIONS, COMMENTS AND FEEDBACK TO US VIA THE CONTACT INFORMATION PROVIDED ON OUR "CONTACT US” WEBPAGE.

LAST UPDATED NOVEMBER 1, 2016