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These Terms of Sale govern purchases of products from Oppo Merchandise Group USA Inc., a Delaware corporation ("OppoSuits US", "we", "us" or "our"). (the "Store").
By placing an order, you agree to these Terms of Sale. If you do not agree, you should not place an order. Our processing of personal information is described in the Privacy Policy.
"Agreement" means the agreement between you and OppoSuits US for the sale, purchase and delivery of products.
"Customer", "you" or "your" means the person or entity placing an order or purchasing products through the Store.
"Products" means products offered or supplied through the Store, including suits, apparel, accessories and related merchandise.
"Defect" means a material defect in a Product that causes the Product not to materially conform to our applicable written product specifications or not to be fit for its intended ordinary use, subject to applicable law.
Products displayed in the Store are invitations to place an order and are subject to availability. Your order is an offer to purchase the Products in your order.
We may accept or reject an order at our discretion, including because of product unavailability, suspected fraud, payment issues, shipping restrictions, obvious errors, or other lawful reasons. An order is accepted when we confirm acceptance in writing, or ship the Product, whichever occurs first.
We may limit quantities, cancel orders, refuse service, or require additional verification before accepting or fulfilling an order.
All Product images are shown for informational purposes only. Although we try to display Products, colors, sizes, measurements, prices and specifications accurately, small deviations, including color differences caused by screens, photography, lighting, fabric batches or manufacturing tolerances may occur and are not considered Defects.
Sizing information is provided as a guide. You are responsible for reviewing size charts and product details before placing an order. Fit preferences may differ by person and product style.
All Product descriptions are subject to change at any time, without prior notice, at our sole discretion.
Prices are shown in the currency displayed at checkout, which may be USD unless another currency is stated. Product prices, promotions and availability may change at any time before order acceptance.
Prices do not include sales tax and other applicable taxes, if any, duties, customs charges, levies, shipping charges or other charges, which will, if applicable, be added at checkout. You are responsible for all applicable taxes, duties, import charges and similar amounts related to your order, except where we are legally required to collect and remit them.
If a price or promotion is obviously incorrect due to an error, we may cancel the order or contact you for instructions before proceeding, subject to applicable law.
Payment must be made using one of the payment methods offered at checkout. By submitting payment information, you represent that you are authorized to use the selected payment method and authorize us and our payment processors to charge the total amount of your order.
If payment is declined, reversed, charged back or not received, orders will not be processed, and we may cancel or suspend the order and pursue any remedies available under applicable law.
For business customers or other invoiced arrangements approved by us in writing, late payments may accrue interest at 1.5% per month or the highest rate permitted by law, if lower, plus reasonable collection costs.
Shipping options, delivery estimates and costs are shown at checkout where available. Delivery dates and transit times are estimates only and are not guaranteed unless expressly stated in writing. However, in the event that we are unable to ship an order within the estimated time provided at checkout, or within thirty (30) days of receipt of an order if no estimated shipping date was provided), we will email you of the delay in shipment. At such time, you will have the option of cancelling the order for a full refund or consenting in writing to the delay (email being sufficient).
Products may be shipped through third-party carriers. We are not responsible for delays caused by carriers, customs, incorrect shipping information, events outside our reasonable control, or other circumstances beyond our control.
We may make partial shipments where reasonable. Risk of loss and title pass to you upon delivery to the address provided or, where permitted by law, upon transfer to the carrier.
Please inspect Products promptly after delivery. Shortages, incorrect items, damaged shipments or obvious defects should be reported to us in writing within seven (7) business days after receipt, with your order number and supporting photos where relevant.
If you do not report obvious issues within this period, we may not be able to correct the shipment unless you bear the associated costs, subject to mandatory consumer rights.
For any alleged Defect or shipping issue, you agree to allow us a reasonable opportunity to inspect the Product or request photos, carrier information or other evidence.
Unless a different return period is stated in the Store or required by applicable law, you may request a return within fourteen (14) days after receiving the Product.
Returned Products must be unused, unwashed, unaltered, undamaged, in new resaleable condition, in the original packaging where reasonably possible, and with original tags, parts and accessories included.
Returns may be subject to deductions for return shipping, transportation charges, handling, restocking, damage, missing parts, or costs required to put items into saleable condition, where permitted by law.
Discounted, final sale, clearance, personalized, custom-made or specially ordered Products may be excluded from return or exchange unless required by law or agreed by us in writing.
Refunds are generally issued to the original payment method after we have received and inspected the returned Product and determined that you are eligible for a refund. Your bank, card issuer or payment provider may determine currency conversion, timing and any payment-provider fees which will not be covered by us.
You may request cancellation before the order has been processed for shipment. We cannot guarantee cancellation once processing, packing or shipment has begun.
Custom-made, personalized or specially ordered Products may not be cancelled once production or procurement has started, unless required by law or agreed by us in writing.
If a Product has a Defect please contact us as soon as possible and provide us with our order number and photos of the alleged Defect. If we determine that the Product is indeed defective, we will repair, replace, refund or give you a store credit at our discretion and in accordance with applicable law..
To the maximum extent permitted by applicable law, the limited warranty does not cover faults or damage arising from washing, dry cleaning, improper care, improper storage, normal wear and tear, misuse, unauthorized alteration, accidents, negligence, or use of the Product in a way that is not consistent with ordinary use or care instructions.
For Products not manufactured by or on behalf of OppoSuits US, any warranty may be limited to the warranty provided by the manufacturer or supplier, if any, subject to mandatory rights under applicable law.
Nothing in these Terms of Sale limits mandatory consumer warranties or rights that cannot be excluded under applicable law.
All intellectual property rights in the Products, Product designs, trademarks, logos, trade dress, content, packaging, documentation, photographs and related materials are owned by or licensed to us or our affiliates.
No intellectual property rights are transferred to you except the right to use purchased Products for personal or internal business purposes. You may not copy, display, distribute, resell, reproduce or exploit our intellectual property without prior written permission.
Unless we agree in writing, Products are sold for personal use or ordinary internal business use and not for unauthorized resale, marketplace distribution, counterfeiting, promotional bundling or commercial exploitation of our marks.
We may refuse or cancel orders that we reasonably believe are intended for unauthorized resale or other misuse.
We will not be liable for delay or failure to perform caused by events beyond our reasonable control, including carrier delays, customs delays, labor disputes, supply chain disruption, natural disasters, epidemics, acts of war, terrorism, governmental actions, laws or regulations, power or internet failures.
We will take reasonable steps to minimize the effect of such events where practicable.
UNLESS OTHERWISE SPECIFIED IN WRITING BY US, OUR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND OUR DESCRIPTION OF THE ORDERED PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL OPPOSUITS US, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, OR OTHER REPRESENTATIVES (JOINTLY: “OPPOSUITS PARTIES”) BE LIABLE FOR ANY INJURY, LOSS, DAMAGE, OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ANY OR ALL OF THE OPPOSUITS PARTIES ARE FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, LIABILITY OF THE OPPOSUITS PARTIES SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.
NOTHING IN THESE TERMS OF SALE EXCLUDES OR LIMITS LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS NOT PERMITTED BY APPLICABLE LAW.
We reserve the right to update these Terms of Sale from time to time and without prior notice to you. The version in effect at the time you submit your order is accepted will govern that order.
If any provision of these Terms of Sale is held invalid or unenforceable, that provision will be interpreted to reflect its original intent as closely as permitted by law, and the remaining provisions will remain in full force and effect.
Our failure to enforce any provision is not a waiver of that provision or any other right.
These Terms of Sale and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.
Any dispute arising out of or relating to these Terms of Sale shall be resolved by binding arbitration pursuant to the Federal Arbitration Act, which shall govern the interpretation and enforcement of this arbitration agreement. The arbitration is to be held before a single arbitrator pursuant to the then-current Consumer Arbitration rules of the American Arbitration Association (the “AAA”) and conducted in the County and City of New York, State of New York. The arbitrator shall be jointly selected by the parties. If the parties are unable to agree upon the arbitrator, either party may request the AAA to select the arbitrator. Before beginning the proceedings, the appointed arbitrator must provide an oath or undertaking of impartiality. All arbitration proceedings shall be conducted on a confidential basis. Any award, order, or judgment pursuant to such arbitration shall be deemed final and binding upon the parties and may be enforced in any court of competent jurisdiction. Further, the parties agree that the arbitration of any dispute shall be conducted on an individual basis, not a class-wide basis, and that no arbitration proceedings may be consolidated with any other arbitration or other legal proceeding involving us, any other OppoSuits Parties, or any other persons. You further agree not to be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against us or any other OppoSuits Parties for any dispute. The arbitrator of any dispute between you and us shall not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.
YOU UNDERSTAND THAT BY AGREEING TO SUCH BINDING ARBITRATION YOU ARE HEREBY WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF SALE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). YOU AND WE CERTIFY AND ACKNOWLEDGE THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
You may opt out of this arbitration agreement by sending us written notice, within 30 days of the time you consent to these Terms of Sale, to the following email address: info@opposuits.com.
Except as provided above as to those disputes submitted to arbitration pursuant to the Federal Arbitration Act, any other dispute must be brought in state or federal court in New York, New York, and you expressly submit to the jurisdiction of such courts and waive any claims that such courts are an inconvenient forum.. Any cause of action against us or any OppoSuits Parties must be commenced within one (1) year after the cause of action accrues, unless a longer period is required by applicable law.
Questions about orders, returns or these Terms of Sale may be sent to info@opposuits.com.
Legal entity for sales: Oppo Merchandise Group USA Inc., a Delaware corporation. Address: 228 E 45th Street, Suite 9E, New York, NY, 10017-3337, US.
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