TERMS & CONDITIONS
Welcome to OnlytheSHOP.com
Please review the following terms and conditions ("Terms of Use") that govern your use and purchase of products (collectively, "Use") of our Site. Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use. These terms of use include a class action waiver and require binding arbitration on an individual basis to resolve disputes. Details are set forth below.
Copyright
All content included in or made available through any OnlyTheSHOP Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of OnlyTheSHOP or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any OnlyTheSHOP Service is the exclusive property of OnlyTheSHOP and protected by U.S. and international copyright laws.
Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to OnlyTheSHOP using this Site or otherwise (collectively, "Comments") are not confidential and will become and remain OnlyTheSHOP's property. The disclosure, submission or offer of any Comments will constitute an assignment to OnlyTheSHOP of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
The Contents are intended solely for your personal, noncommercial use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, 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, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
Disclaimer, Limitation of Liability and Indemnity
Except as otherwise expressly provided, this site, all contents and all products and services are provided on an "as is" basis. OnlyTheSHOP disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. OnlyTheSHOP does not warrant that your use of this site will be uninterrupted or error free, or that this site or its server are free of viruses or other harmful elements. Although OnlyTheSHOP endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this site. Your use of the site is at your own risk. Neither OnlyTheSHOP nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this site, or any information or materials provided on the site. OnlyTheSHOP is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site or any materials on the site, or with any of OnlyTheSHOP's terms of use, your sole and exclusive remedy is to discontinue using the site. You agree to indemnify, defend and hold harmless OnlyTheSHOP, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting or arising out of your breach of any of these terms of use. Certain provisions of the foregoing paragraph may not apply to consumers within the state of new jersey or in other jurisdictions where prohibited by law.
Disputes
Any dispute or claim relating in any way to your use of any OnlyTheSHOP Service, or to any products or services sold or distributed by OnlyTheSHOP or through OnlyTheSHOP.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, OnlyTheSHOP will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Washington, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington.
Links to Other Websites and Services
This Site may include links to other Internet sites maintained by third parties ("Linked Sites"). OnlyTheSHOP provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by OnlyTheSHOP of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the OnlyTheSHOP Site. Linked Sites are not under the control of OnlyTheSHOP and OnlyTheSHOP is not responsible for the contents of any Linked Site.
Merchandise Availability
Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You can always verify availability by emailing us(info@onlytheshop.com). You will receive a shipping confirmation email once your items have shipped.
Product Information
OnlyTheSHOP attempts to be as accurate as possible. However, OnlyTheSHOP does not warrant that product descriptions or other content of any OnlyTheSHOP Service is accurate, complete, reliable, current, or error-free. If a product offered by OnlyTheSHOP itself is not as described, your sole remedy is to return it in unused condition.
The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by OnlyTheSHOP. If in OnlyTheSHOP's sole discretion you fail to comply with any term or provision of this agreement, OnlyTheSHOP may deny you access to the Site. In the event of denial of access by OnlyTheSHOP, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and OnlyTheSHOP relating to the subject matter addressed herein.
Site Policies, Modification and Severability
Please review our other policies posted on this Site. These policies also govern your use of OnlyTheSHOP services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Effective August 01, 2019