TERMS & CONDITIONS
CANCELLATIONS
All orders are CUT TO ORDER. Knuckleheads™ reserves the right to charge fees for early cancellations.
Any cancellation must be submitted in writing to KH 1 month prior to ship date.
PAYMENTS
Payment can be made by Credit card or Check. NO COD. Late payments will be processed a 6% fee every
30 days payment is not received.
SHIPPING
Knuckleheads™ have an open shipping window of 60 days to complete the order and any back-ordered items
must be accepted within this window for US stores.
EXCLUSIVITY
Knuckleheads™ exclusivity is only valid within zip code only, and orders must exceed specified amounts
each season, unless other arrangements have been made.
RETURN POLICY
Merchandise may only be returned if we have made a mistake and sent you the wrong order/item or if you received a damaged item. All returns must be within 10 DAYS of original purchase. All orders must be authorized for return before they are sent.
Please do not send your order for return without authorization.
Knuckleheads™ also reserves the right to charge a re-stock fee of 20%.
On returns, the original shipping cost will not be reimbursed. Clearance and sale merchandise are FINAL sales.
No returns. Returns take approximately 2-4 weeks for processing.
We also make every effort to ensure that sizes and measurements are as accurate as possible. Sizing is based on Knuckleheads™ specs and we will not accept returns based on sizing issues.
RESTRICTIONS ON USE OF MATERIALS
No material from Knuckleheads™ may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way without permission.
Modification of the materials or use of the materials for any other purpose is a violation of Knuckleheads™
copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited.
All trademarks, service marks and trade names are proprietary.
MINIMUM ORDERS
$250 minimum order
Call us: 805 550 1626
email: info@knuckleheadsclothing.com
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Knuckleheads Clothing (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@borntoloveclothing.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in San Louis obispo, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Knuckleheads Clothing’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing info@knuckleheadsclothing.com. Please note that we are required to respond to one request per California Customer each year and we are not required to respond to requests made by means other than through this e-mail address.
We take great pride in the relationship of trust we have built with our guests and we are dedicated to treating your personal information with care and respect. Pursuant to California Civil Code Section 1798.83(c)(2), members of Knuckleheads Clothing do not share guests’ personal information outside of Knuckleheads Clothing. For more information about our privacy and data collection policies, you may wish to review our Privacy Policy.
Thank you for shopping at Knuckleheadsclothing.com. This privacy and security policy (“Policy”) outlines the information we collect about you, how we use the information and the choices you have to review, revise and/or restrict our usage of this information.
Collected Information |
Knuckleheadsclothing.com collects customer information for a variety of reasons, including as part of our ongoing efforts to provide superior customer service, improve our customer’s shopping experience and to communicate with our customers about our products, services and promotions, including those that we believe may be of particular interest to you based on information we have collected. We collect personal information such as your name, financial information, telephone number, e-mail and postal address (“Personal Information”) that you provide to us when you save your information with us or when you participate in a sweepstakes, promotion or survey. We use this information to process any transaction, inquiry or promotion that you initiate with us, and provide you with advertising tailored to your interests. In addition, we maintain a record of your product interests, purchases and whatever else might enable us or our business partners to enhance and personalize your shopping experience on this or other websites and to provide you with offers, promotions or information that we believe may be of interest to you. We also monitor use of the Website and traffic patterns to improve the Website design and the products and services we offer as well as to determine what offers, promotions or information to send to you.
Knuckleheadsclothing.com may disclose specific personal information about you if required by law, governmental request or court order, if based on our good faith belief that it is necessary to conform or comply with such law, request or court. We may also disclose information about you to other members of the Knuckleheads corporate family, as well as a company contracted to help prevent the unauthorized use of credit and gift cards. We do not sell or distribute customer’s personal information.
*You can easily update your account information by logging on to Knuckleheadsclothing.com and clicking Your Account.
Our Email List | We offer those who sign-up for our email list advanced notice of sales, new merchandise, and other Knuckleheads Clothing news. Email addresses collected at Knuckleheadsclothing.com are used internally. If you would like to unsubscribe from our email list, contact us. We will remove your name from our email list within a reasonable period of time. Please recognize that you may receive another email before we are able to remove you.
Business Partners | Knuckleheads clothing contracts with outside service providers to help us better understand your use of Knuckleheadsclothing.com. Our service providers place cookies on your computer or use other technologies to collect various kinds of information for us related to your use of Knuckleheadsclothing.com, so that we and our business partners may continue to refine and improve the site and other sites for our customers, and provide advertising tailored to your interests. We do not allow our service providers to collect any credit card, user name or password information. As a visitor to cottoneerfabrics.com, you may opt out of being included in this collection of data by contacting us. We may also use our own cookies to deliver enhanced online display advertising tailored to your interests.
“Cookies” are bits of information that are automatically stored on your computer. If you do not want to have cookies on your system, you can set your browser to disable them.
We or our partners may use Flash Cookies (also known as Local Stored Objects) or other similar technologies. A Flash cookie is a small data file placed on a computer using Adobe Flash or similar technology that may be built into your computer or downloaded or installed by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, personalize and store your settings. Flash cookies may help our website visitors to, for example, set volume preference associated with a video experience, play games and perform surveys. They help us improve our sites by measuring which areas are of greatest interest to customers. They may be recognized by other sites or by our marketing or business partners. Flash cookies are different from browser cookies and the cookie management tools provided by your browser will not remove Flash cookies. Click here to learn how to manage privacy and storage settings for Flash cookies. If you disable Flash cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.
We also use other methods of automatic collection to determine information about visitors to our website, including the IP address, browser, language preferences, and computer identification numbers. We use the information obtained using these tools to provide better customer service, enhance our product offerings, and detect potential misuse or fraud. To opt out of any such data collection, contact us.
Secure Shopping | Sensitive personal information contained in orders placed on the Website are encrypted using 128-bit secure sockets layer (SSL) technology. In order for SSL security to work, you must use an SSL enabled browser. Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect you Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party; and (d) WHEN YOU TRANSFER ANY INFORMATION TO US, YOU DO SO AT YOUR OWN RISK.
If you still have concerns about ordering electronically, feel free to call us and place your order over the phone. Have the product name, color, and quantity ready for each item you wish to order.
Please note that email is not encrypted and is not considered a secure means of transmitting credit card numbers. We will never ask for sensitive information via email.
*Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions.
Collected Information | We collect personal information when you purchase, order, return or exchange products and services; sign up for our newsletter or local mailing list; purchase a gift card; visit or register on our website; apply for a job at Knuckleheads clothing.; tell a friend about one of our products or services; participate in a promotion or survey; or contact us with a comment, question or complaint.
Gift Cards | When you purchase a gift card, we collect your name, billing address, the address for delivery, phone number, email address, credit card information, amount of the purchase, and a username and password. We use this information to process and fulfill your gift card order.
Visit or Register on Knuckleheadsclothing.com | You do not have to register to visit Knuckleheadsclothing.com. To take advantage of certain services, you may choose to create an account by providing us with your email address and a password that you select. Personal information you provide to us while creating or updating an account and at checkout on our website (such as name, address, telephone number, email address, billing address, ship-to address and credit card information) is maintained in electronic files on our web server and our internal systems located in the United States. Your registration information is used solely to provide and otherwise administer the services you requested, unless you otherwise consent.
Optional Information | We may collect optional demographic and/or preference information. We use this information to tailor or improve our product and service offerings, as well as for internal marketing research purposes.
Apply for a Job | If you apply for or enquire about a job at Knuckleheads clothing, you may provide us with personal information about yourself, such as that contained in a resume or similar employment-related materials. We use this information for the purpose of processing and responding to your inquiry or job application.
Tell A Friend | If you send an email to a friend through our website to tell them about one of our products or services, we collect you and your friend’s name and email address as well as any message you provide. We will not use you or your friend’s email information for any other purpose. Please only send emails to friends or family who would want to receive the message.
Promotions and Surveys | When you participate in a promotion or respond to one of our surveys, we may collect your name, address, phone number and email address. We use this information to administer your participation in the promotion and, for surveys, to contact you with follow-up questions.
Customer Service | When you contact our customer service with a question, feedback or other comment, you may be asked for information that identifies you, such as your name, address and telephone number. We collect this information to verify your identity and to help us promptly answer your question or respond to your comment or feedback. We may retain this information to assist you in the future. We also may use your feedback, suggestions and comments to monitor and/or improve our products or website.
Website Information Collected | You can visit Knuckleheadsclothing.com without telling us who you are or providing us with any personal information. However, we collect the IP (Internet protocol) addresses of all our website visitors and other related information such as page requests, browser type, operating system and average time spent on our website. We use this information to monitor and improve our website.
We use cookies and similar technologies to collect product and purchase information from the pages you access or visit. Cookies are bits of information that are automatically stored on your computer so we can recognize you when you return. We use cookies to better understand your use of Knuckleheadsclothing.com so that we may continue to refine and improve the website for our customers. If you do not wish to have cookies on your system, you can set your browser preferences to disable them. However, if you decide not to accept cookies, you may not be able to take advantage of all of the features on Knuckleheadsclothing.com. The information collected through cookies may be combined with other identifiable personal information (such as demographic and past purchase information) from our records and other sources. We may use this combined information for future marketing initiatives and to help us improve our website presentation and your overall shopping experience.
Third Party Links & Advertisements | Our website may provide links to third party websites. Except as provided herein, we will not provide any of your personal information to these third parties without your prior consent. Knuckleheads clothing provides links to third party websites as a convenience to the user. The inclusion of any link does not imply Knucklehead’s endorsement of any other company, its websites, or its products and/or services. These linked websites have separate and independent privacy policies, which we recommend you read carefully. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose and otherwise treat your personal information.
We may also use third parties to serve Knuckleheads clothing advertisements on other websites. In order to measure the effectiveness of our advertisements, these companies may use tracer tags or web beacons to report certain information (but not your name, address, email address or telephone number) about your visits to Knuckleheadsclothing.com and the websites which advertise and feature links to Knuckleheadsclothing.com.
Social Media | We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on our website and on the third-party social networking websites, plug-ins and applications, and to provide you with other products or services you may request.
Information We Share | We may transfer (or otherwise make available) your personal information to other members of the Knuckleheads clothing corporate family and other third parties who provide services on our behalf. We may use service providers to process data and online payments, deliver our products and services, host our website, send emails, run our promotions and surveys, help us better understand your use of Knuckleheadsclothing.com and refine and improve the website.
All of our service providers are required to maintain the confidentiality and security of your personal information and to use it only in compliance with applicable privacy laws. These companies are not authorized to use your information in any manner, other than in helping us to provide you with products and services or as otherwise required by applicable law. For information on the manner in which our service providers treat your personal information, please contact us as set out below.
Your personal information may be stored and processed in the United States by our affiliates and other third party service providers.
Cookies | This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Legal | Please note that Knuckleheads clothing must provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by Canadian or US law. We may also disclose personal information to assist us in collecting a debt owed by you, or otherwise where necessary for the establishment, exercise or defense of legal claims.
Sale of Business | Knuckleheads clothing may transfer any information we have about you in the event of a merger with a third party or upon a sale or transfer of all or a portion of our business or assets to a third party acquirer.
Retention of Personal Information | We only keep your personal information as long as necessary for the purposes we collected it, or as otherwise required by law.
Security of Personal Information | Your privacy is important to us. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against the loss, theft, unauthorized access, use, modification and disclosure of personal information in our custody and control. We have implemented measures in an effort to safeguard the personal information in our custody and control, including only providing access to personal information to employees and authorized service providers who require such information for the purposes described in this Privacy & Security Policy.
To provide you with an increased level of security, online access to certain personal information may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication.
Policy Changes | Knuckleheadsclothing.com may periodically update this Privacy & Security Policy for new, unanticipated uses not previously disclosed. Any changes made will be posted here. By visiting our website you agree to accept any changes made to this policy. The knuckleheadsclothing.com Privacy & Security Policy only addresses the use and disclosure of information we collect from you on our website.
Email: info {at} Knuckleheadsclothing {dot} com
It is our policy to strive to make our website content accessible and user-friendly to all persons. If you are having difficulty viewing the content on this website or navigating the site, please call or text our little Customer Service Team. You can call us at 805 550 1626, or email us at info@knuckleheadsclothing.com and we will be happy to assist you. Please feel free to call or email us to let us know how we can improve the accessibility of our website.
