Terms & Conditions

PLEASE NOTE: The return information listed below is for consumer (or “individual”) customers only.

All sales made by Spirit Hoods (“Seller”) to you (“Customer”) are governed by these Terms and Conditions of Sale unless otherwise indicated by Spirit Hoods in writing.

PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. Spirit Hoods RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION.

Sale is Contingent on Customer’s Acceptance of Terms and Conditions.

Seller shall not accept Customer’s purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer’s purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.

Payment Terms

Seller accepts Visa, Mastercard or American Express.

Shipping

Customer is responsible for all shipping and freight charges, FOB Seller’s warehouse. Customs’ brokerage for international orders is Customer’s sole responsibility. Orders received prior to 4:00 PM (Eastern Standard Time) will be shipped by the following business day, subject to availability. Inventory will fluctuate on seasonal items. Orders are normally shipped by UPS or USPS. Seller will not be responsible for shipping delays caused by a carrier.

Customer must notify Seller at time of purchase if a signature is required for residential deliveries. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.

Notice of Defects

Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED, LAUNDERED OR MODIFIED IN ANY MANNER. All damaged or incorrect items will need to be sent back to Spirit Hoods for a credit.

Returns and Cancellations

Authorized returns and exchanges must be postmarked within 30 days after Customer’s receipt of merchandise. All returned merchandise must be accompanied by a completed Return/Exchange Form. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller’s error. Spirit Hoods is not responsible for lost shipments on items being returned. Spirit Hoods will cover the freight costs for shipping exchanged items to the Customer. All sales are final on “sale” items; returns are not accepted on sale items under any circumstances. Returns will not be accepted on merchandise that has been altered, laundered or modified in any way. All damaged or incorrect items will need to be sent back to Spirit Hoods for a credit.

Obtaining Return Authorization

After filling out the return form send your return to us via USPS or UPS to the following address:

Spirit Hoods
ATTN: Customer Service
3303 Sunset Blvd,
L.A., CA 90026

Customer Acceptance of Late or Defective Merchandise

Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.

Prices, Quantities, Styles, Colors

Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. Spirit Hoods reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.

Promotional Codes, Coupons, Discounts

Discounts can not be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases or gift certificates. Discount does not apply to tax, shipping and handling, or similar processing charges. Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).

DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.

LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.

No Liability for Outside Vendors
Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.

Jurisdiction/Governing Law
Seller is headquartered in the State of Georgia, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Georgia (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.

Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Georgia and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Georgia in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.

Force Majeure
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.

USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Spirit Hoods or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by Spirit Hoods may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to Spirit Hoods or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Miscellaneous
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.

Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions of Sale.

Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to contactus@Spirit Hoodsapparel.com or by standard mail to Seller at the following address:

Spirit Hoods
ATTN: Customer Service
3303 Sunset Blvd,
L.A., CA 90026

USER GENERATED CONTENT
Spirit Hoods does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Spirit Hoods Website. After posting your Content to the Spirit Hoods Website, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Spirit Hoods Website, you hereby grant to Spirit Hoods a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Spirit Hoods Website, including without limitation distributing part or all of the Spirit Hoods Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Spirit Hoods Website. This limited license does not grant Spirit Hoods the right to sell or otherwise distribute your Content outside of the Spirit Hoods Website. After you remove your Content from the Spirit Hoods Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Spirit Hoods Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Spirit Hoods Website as soon as practicable after you make the change.

If at any time you wish to remove your submitted Content from this site, please email customerserivce@spirithoods.com.

The license you grant to Spirit Hoods is non-exclusive (meaning you are free to license your Content to anyone else in addition to Spirit Hoods), fully-paid and royalty-free (meaning that Spirit Hoods is not required to pay you for the use on the Spirit Hoods Website of the Content that you post), sublicensable (so that Spirit Hoods is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Spirit Hoods Website), and worldwide (because the Internet and the Spirit Hoods Website are global in reach).

You represent and warrant that: (i) you own the Content posted by you on or through the Spirit Hoods Website or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Spirit Hoods Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Spirit Hoods Website.

The Spirit Hoods Website contain Content of Spirit Hoods (“Spirit Hoods Content”). Spirit Hoods Content is protected by copyright, trademark, patent, trade secret and other laws, and Spirit Hoods owns and retains all rights in the Spirit Hoods Content and the Spirit Hoods Website. Spirit Hoods hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Spirit Hoods Content (excluding any software code) solely for your personal use in connection with viewing the Spirit Hoods Website and using the Spirit Hoods Website.

The Spirit Hoods Website contains Content of Users and other Spirit Hoods licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Spirit Hoods Website.

Spirit Hoods performs technical functions necessary to offer the Spirit Hoods Website, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Spirit Hoods Website.

Spirit Hoods may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Spirit Hoods violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Spirit Hoods assumes no responsibility for monitoring the Spirit Hoods Website for inappropriate Content or conduct. If at any time Spirit Hoods chooses, in its sole discretion, to monitor the Spirit Hoods Website, Spirit Hoods nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Spirit Hoods Website, and any material or information that you transmit to other Members and for your interactions with other Users.