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Terms and Conditions


Terms of use

This GANT.com website (the "Website") is owned and operated by Gant U.S.A Corp ("GANT"). Please carefully read the following Terms of Use ("Terms of Use"), which govern your use of the Website. Throughout the Terms and Use, the terms "we", "us" and "our" refer to GANT.


Changes to this agreement 

Your use of the Website constitutes your agreement to follow and be bound by the Terms and Conditions. The agreement governs your use of GANT’s online services, including our website located at www.gant.com. If you do not agree to these Terms and Conditions, you should not access or use the Website. These Terms of Use may be updated from time to time by GANT. Accordingly, we encourage you to review these Terms of Use whenever you use the Website because by visiting the Website, you agree to accept any such updates.

GANT publishes information on its Website as a convenience to its visitors. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Website at any time without notice. We are not responsible if information made available on this Website is not accurate, complete or current. We may change, restrict access to, suspend or discontinue the site, or any portion of the site, at any time. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. You agree that it is your responsibility to monitor changes to the Website.

We also reserve the right, in our sole, exclusive, and complete discretion, and without cause and/or without notice to (i) terminate without notice your ability to access or use the site and (ii) delete any data.


Intellectual property rights 

All of the content you see and hear on the GANT Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and texts are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by GANT, one of its affiliates or by third parties who have licensed their materials to GANT. The entire content of the GANT Website is copyrighted as a collective work under U.S. copyright laws, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. No material from the site 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 non-commercial use only, provided you keep intact all copyright and other proprietary notices. Nothing on the Website should be construed to grant any license or right to use any of the aforementioned intellectual property without the prior written consent of GANT.

The content of the GANT Website, and the Website as a whole, are intended solely for the personal, non-commercial use by the users of our Website. 

No right, title or interest in any content or materials is transferred to you as a result of any such activities. GANT reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from GANT.

You may not use any trademark or service mark appearing on the site without the prior written consent of GANT, or the owner of the mark.


Customer account 

You have the option of creating an account with GANT when you make a purchase on the site. You agree that the information you supply during that process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use the name or any other identifiable information of another person with the intention of impersonating that person; (ii) use the name of anyone else without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that GANT considers to be offensive. GANT reserves the right to reject or terminate the account of any person that violates the terms of this agreement. You will be responsible for preserving the confidentiality of your password and will notify GANT of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used.

You should not authorize any third party to access or to use the site in order to act on your behalf. If you do so, you will be responsible for all acts and/or omissions of that third party on or in connection with the site. You are responsible for maintaining the confidentiality of your password, and you are fully and always responsible for all activities that occur under your password. You agree to immediately notify us via customer-service@gant.com of any unauthorized use of your password or account information, or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

GANT reserves the right to access and disclose any information including, without limitation, account information to comply with applicable laws and lawful government requests.


Communication from gant

By registering with the site and/or making a purchase from the site, you understand that we may send you communication or data from the site, including but not limited to (i) notices about products or merchandise requested by you, and any notices regarding the terms of any purchases; (ii) updates; and (iii) information or materials regarding transactions, products, and/or services purchased or selected by you or in which you are involved with via use of the site. By using and registering on the site, you agree to receive such email messages from us.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise a feature of our site or our merchandise or a product or service in which we believe you may be interested, or may otherwise discuss a marketing campaign or promotion offered by GANT or one of our partners or another third party. We will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).


Purchase terms 

The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Website.

We do not authorize the purchase of commercial quantities of our merchandise. We may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy or appear, in our sole judgment, to be dealers, resellers or distributors. These limits on purchases apply to all purchases made through the GANT Website.

The information of the GANT Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

If you are not fully satisfied with your GANT purchase, you may return it with the original GANT receipt. The product(s) you return must be in a new and unused state in the original box / packaging (if possible). Returns must be received within 30 days of the original purchase. The risk of the returned merchandise will not be taken back or assumed by GANT until it physically arrives back to the returns facility. Please see our Return Policy for more information.


License 

By posting or submitting any material on GANT’s site and social media sites, you are granting to GANT, and to anyone authorized by GANT, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on GANT’s site and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, without any compensation to you. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant GANT, and anyone authorized by GANT, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as GANT deems appropriate. Further, material posted or submitted on GANT’s site and social media sites shall not be deemed confidential and GANT shall not have any obligation to keep any such material confidential.


User code of conduct

By using the site, you agree to not use the site in any manner that:


  • is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs)
  • interferes with or disrupts the site, services connected to the site, or otherwise interferes with operations or services of the site in any way;
  • infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
  • consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • causes GANT to lose (in whole or in part) the services of our internet service providers or other suppliers;
  • links to materials or other content, directly or indirectly, to which you do not have a right to link;
  • is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive or another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by GANT in its sole discretion;
  • copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the site or any portion thereof;
  • violates, or encourages anyone to violate this agreement, any ancillary terms and conditions listed on the site, or our privacy policy; or
  • violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.

 

No framing

Without the prior written permission of GANT, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the site, or incorporate any intellectual property of the site, GANT or any of their licensors into another website or other service.


Color and product information 

We have made every effort to display as accurately as possible the colors of our products that appear at the site. We cannot guarantee that your computer monitor's display of any color will be accurate. Further, occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order). Certain products are available exclusively online through the site. These products may have limited quantities and are subject to return or exchange only through the site according to the applicable return policy.

 

Disclaimer of warranties 

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. GANT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY.

IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GANT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. GANT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

IN NO EVENT SHALL GANT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF GANT OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THIS AGREEMENT AND ANY POLICIES OR OPERATING RULES POSTED ON THIS WEBSITE CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND GANT WITH RESPECT TO THE SUBJECT MATTER THEREOF AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER. A PRINTED VERSION OF THESE TERMS OF USE SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED ON OR RELATING TO USE OF THE WEBSITE TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM.

THE WEBSITE MAY CONTAIN LINKS TO OTHER WEB SITES, INCLUDING SOCIAL MEDIA SITES, WHICH ARE NOT UNDER THE CONTROL OF GANT. WE ARE NOT RESPONSIBLE FOR THESE THIRD-PARTY WEB SITES AND LINKING DOES NOT CONSTITUTE GANT’S ENDORSEMENT OF THESE WEB SITES.


Privacy

We have established a privacy policy to explain to users how we may collect and use certain information. You can read the privacy policy on our site. Your use of the site signifies your acknowledgment of, and agreement to, our privacy policy.


Indemnification 

You agree to defend, indemnify and hold GANT, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Website, your violation of the Terms of Use or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

 

Dispute resolution 

By visiting the site or otherwise making a purchase from the site, you and GANT agree to the following dispute resolution procedure:

In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the site, or the breach, enforcement, interpretation, or validity of this agreement or any part of it, except for disputes that qualify for small claims court or those related to GANT’s intellectual property ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days in which to respond to or settle the dispute.

Notice shall be sent to:

(1) to customer-service@gant.com

(2) to you at your last-used billing address or the billing and/or shipping address in your online profile

Both you and GANT agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

If any dispute cannot be resolved by the above dispute resolution procedure, you agree that the sole and exclusive jurisdiction for such dispute will be decided by binding arbitration on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to judicial arbitration and mediation services, inc. For binding arbitration under its rules then in effect in the New York, USA area, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of these terms, including any claim that all or any part of these terms is void or voidable.

 

Governing law

The laws of the State of New York govern these Terms of Use and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use. This Website has been designed to comply with the laws of the State of New York and of the United States. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

We may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of this agreement, to any other party. Any attempt by you to do so is void.

Any claim related to this agreement, the site or services must be brought within one year. That one-year period begins on the date when such a claim first could be filed. If it is not filed within the one-year period, that claim is permanently barred. This limitation applies to you and your successors. It also applies to us and our successors and assigns.

Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. The section titles in the agreement are for convenience only and have no legal or contractual effect.


Contact us

If you have any questions or concerns regarding the website, please contact us by e-mail at customer-service@gant.com