Last Updated January 28, 2020
Terms & Conditions
Welcome to https://TheCulture.Life the United States online store of THE CULTURE
(hereinafter the " THE CULTURE Site" or “Site”), which is operated by THE CULTURE Fashions,
Inc., 251 West 39th, New York, NY 10018 (hereinafter referred to as "THE CULTURE”, “we”, “us” or “our”). The following terms and conditions and any other terms and conditions, agreements or policies set forth in the Customer Help Center or incorporated by reference, including without limitation, the US Privacy Statement, (collectively the “Terms and Conditions”) govern your access to and use of the THE CULTURE Site, sales of products offered on the THE CULTURE Site and sales of products ordered through our Order from Store program.
These Terms and Conditions only cover the web pages at www.theculture.life that we control and orders placed through the Order from Store Function in the United States, and otherwise, on which we display a direct link to these Terms and Conditions. They do not apply to any other web page including, without limitation, web pages at www.theculture.life
You are responsible for all your activities on and in connection with the THE CULTURE Site.
The THE CULTURE Site is provided to you strictly on an “as is” basis, without warranties of any kind, either express or implied, statutory or otherwise. No written information given by THE CULTURE shall create any warranty.
While THE CULTURE continues to make every effort to ensure that the photographs displayed on the THE CULTURE Site are faithful reproductions of the original products, variations may occur due to the technical and color resolution characteristics of your computer. THE CULTURE shall not be liable for the eventual inadequacy of the graphic representations of THE CULTURE products displayed on the THE CULTURE Site owing to the above mentioned technical issues.
Please see "Product Guarantees" for details of THE CULTURE’ product warranties.
THE CULTURE will ensure proper care and maintenance of the THE CULTURE Site. However,
THE CULTURE gives no guarantee that the THE CULTURE Site will be accessible at all times.
THE CULTURE also does not guarantee that the THE CULTURE Site will always be in the most up to-date condition and free of defects. It is possible that delays, transcription errors or even
misinformation could occur. THE CULTURE takes all possible steps to ensure the accuracy and
timeliness of the information included on the Site, but cannot absolutely guarantee the accuracy, completeness or timeliness of the information provided on the Site.
IN NO EVENT, SHALL THE CULTURE, OR ANY OF ITS AFFILIATES, AND ITS AND
THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS,
REPRESENTATIVES OR LICENSORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING,
WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTORY OR OTHERWISE (EVEN IF THE CULTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE, (C) YOUR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SITE, (D) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, (F) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (H) ANY OTHER MATTER RELATING TO THE SITE.
Exclusive remedies. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING (A) THE SITE
SHALL BE THAT YOU LEAVE THE SITE, AND (B) ANY PRODUCTS THAT YOU
PURCHASE OR ATTEMPT TO PURCHASE VIA THE SITE SHALL BE AS EXPRESSLY
SET FORTH IN OUR RETURN AND CANCELLATION POLICIES.
Force Majeure. Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late-performing party whether or not similar to the foregoing.
As a user of the THE CULTURE Site you are required to comply with the law of the State of New York and of the United States, and agree that any action resulting in connection with these Terms and Conditions will be brought in the U.S. District Court for the Southern District of New York.
In particular, you are not permitted to send (or otherwise make available) content over the THE CULTURE Site or make it available which is libelous, defamatory, obscene, harmful or pornographic, or promotes violence, or violates privacy, infringes commercial protected rights or offer goods or services or solicits financial funds.
User activities, the purpose of which is to render the THE CULTURE Site functionally defective or make use of it more difficult, are prohibited and could give rise to civil and criminal proceedings.
The THE CULTURE Site (including its services) may also not be used for illegal purposes. It is
prohibited to register third parties without their knowledge and explicit consent for the online
store services or any other services, contests or sweepstakes advertised on the THE CULTURE Site.
All materials contained in the THE CULTURE Site, including web pages, programs, graphics,
images, trademarks, logos, sound, video, scripts and texts (“Content”) are intellectual property of THE CULTURE or its affiliates. All rights are reserved. You may not reproduce, publish, distribute, display, modify, create derivative work from, or in any way, in whole or in part, the Content without the prior express written consent of THE CULTURE.
Except as otherwise explicitly indicated on the THE CULTURE Site, you should assume that
everything which you see or read on this Site is subject to legal protection. Subject to these
Terms and Conditions, and except as otherwise indicated on the THE CULTURE Site, you may use, access, download, copy, store, manipulate, reformat, print or display any Content to which you have authorized access solely for your personal, informational and non-commercial use. No right, title and/or interest in any material, software or Content may be deemed assigned to you as a result of any such download or copying. Any copies must contain a copyright reference to THE CULTURE. References given to protected rights must not be removed. Any commercial and/or public use of the Content or any part thereof is prohibited.
THE CULTURE and its content providers shall have the exclusive right to authorize or prohibit, in their sole discretion, any reproduction, publication, distribution, display, modification, creation of derivative works from, or exploitation in any way of, in whole or in part, the Content. THE CULTURE, its affiliates, and its content providers shall have the right, at any time, to claim the
authorship of any Content posted on the THE CULTURE Site and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of derivative works from, or exploitation in any way of, the Content expressly authorized in writing by THE CULTURE,
its affiliates, or their content providers shall be carried out by you for lawful purposes only and in compliance with all applicable laws and the Terms and Conditions.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright representative the written information specified below:
(a)An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(b) A description of the copyrighted work that you claim has been infringed upon.
(c) A description of where the material that you claim is infringing is located on the THE CULTURE
(d) Your address, telephone number, and e-mail address.
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner’s
(g) Our copyright representative for notice of claims of copyright infringement can be contacted
at the following e-mail address: email@example.com
The trademarks and logos, whether registered or not, displayed on the THE CULTURE Site,
including, without limitation, THE CULTURE and all derivative trademarks, are owned by THE CULTURE or its affiliates. The domain names of the THE CULTURE Site are registered domain names in the United States and in other countries owned by THE CULTURE or its affiliates.
These and any other trademarks, service marks and trade dress of THE CULTURE or its affiliates, including, but not limited to any mark that incorporates the above listed marks or the domain names of the THE CULTURE Site, may not be used by you in connection with any product or service that does not originate with THE CULTURE, in any manner that is likely to cause confusion among consumer, or in any manner that disparages, discredits or tarnishes THE CULTURE or that dilutes the distinctive character of these trademarks.
All other trademarks, service marks and trade dress not owned by THE CULTURE or its affiliates that appear on the THE CULTURE Site are the property of the respective owners ("Third Party Owners"), who may or may not be affiliated with, connected to, or sponsored by THE CULTURE or its affiliates.
THE CULTURE, its affiliates and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.
You are not authorized to use any of the trademarks, service marks and trade dress that appear on the THE CULTURE Site in any manner for any purpose without the prior express written consent of THE CULTURE or the respective Third Party Owner, as the case may be.
Without the approval of THE CULTURE or of its relevant licensor in writing, no license or other right to the use of the contents on the THE CULTURE Site is granted either explicitly or implicitly or in any other way. Any unauthorized use of the materials is strictly prohibited and will be subject to civil and criminal prosecution by THE CULTURE.
The viewing, printing or downloading of any graphic, form, document or other content from the THE CULTURE Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the THE CULTURE Site and their contents terminates the license granted hereby.
All notices, proposals, ideas, feedback, comments, complaints and other contents which you
provide to THE CULTURE, will be regarded as provided on a non-confidential basis. THE CULTURE reserves the right to use this information at its exclusive discretion. THE CULTURE is not subject to any obligation (i) to treat the submissions as confidential or (ii) to respond to any submissions.
You are responsible for ensuring that none of your submissions infringe the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy or other personal rights or intellectual property rights) and to that extent indemnify THE CULTURE from all claims of third parties, including attorneys’ fees.
The terms and conditions of our Privacy Statement govern the collection, processing and use of personal data collected from you in connection with your use of the THE CULTURE Site.
The THE CULTURE Site contains links to other websites maintained by affiliates of THE CULTURE (“Affiliated Sites”), including, but not limited to, links to www.hugoboss.com. These Affiliated Sites are not operated by THE CULTURE Fashions, Inc., the operator of this Site, but by its affiliates. Please carefully read the terms and conditions of use and other policies of such Affiliated Sites. These Terms and Conditions do not apply to any Affiliated Sites.
In some circumstances, the Site will contain links to other websites (“Third Party Websites”).
THE CULTURE or its affiliates do not operate, control, endorse or guarantee the contents of any
Third Party Websites. THE CULTURE is not liable either for the accuracy of the content of these websites or for the material which can be obtained from these websites. You agree that THE CULTURE and its affiliates are not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on this Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. These Terms and Conditions do not apply to any Third Party Website.
THE CULTURE provides hyperlinks to Third Party Websites only for the convenience of users. By providing hyperlinks to Third Party Websites, THE CULTURE does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY HUGO BOSS OR ITS AFFILIATES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. IN NO EVENT SHALL
THE CULTURE OR ITS AFFILIATES LIABLE FOR DAMAGES ARISING FROM ANY
TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY
INFORMATION APPEARING ON THIRD PARTY WEBSITES.
Private use only. By submitting your order, you represent that you are purchasing for private
household use only. We do not authorize any sale of our products outside the U.S. or any
commercial resale. We reserve the right to reject orders and limit order quantities in our sole
Product information and availability. Without limiting the generality of the disclaimers and
limitations set forth in these Terms and Conditions, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site and we may change information at any time. We determine product availability upon receipt and automatic acknowledgment of orders.
Price, payment, taxes. By submitting your order via the Site, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax, if any. Depending on the tax laws in your state, you may be required to pay use tax on purchases for which we do not collect sales tax.
Delivery. We will deliver the products you purchased to a common carrier at our warehouse for shipment to the destination in the continental United States that you select (we do not ship to Canada); other details regarding shipping and delivery are described in our Shipping Policy. You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse.
Cancellations, returns. We do not accept any cancellations or returns, except as specified in our Return & Cancellation Policies or required by applicable law.
To the extent permitted by law, you agree to indemnify, defend and hold THE CULTURE and its affiliates harmless from any liability, loss, claim, expense, and cost, including reasonable
attorneys’ fees, arising from or related to your use of this Site and/or your breach of these Terms and Conditions.