Terms and Conditions
Terms Of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE.
Terms
The online store and promotional activities offered on this website are operated by SDUSA LLC, 25th Floor, 801 South Figueroa Street Los Angeles, CA 90017 ("Superdry ™ or SDUSA, LLC"). This website is provided by Supergroup Internet Limited, Unit 60, The Runnings, Cheltenham, United Kingdom GL51 9NW. Supergroup Internet Limited licenses the use and operation of this website to SDUSA, LLC so that SDUSA, LLC may sell Superdry™ branded products in the USA. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website. Superdry ™ reserves the right to modify these Terms of Use at any time. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website. Superdry ™ may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website
PURCHASE AND SALE OF PRODUCTS
All products purchased from this website are sold by SDUSA, LLC. Supergroup Internet Limited does not sell any products through this website, does not operate the customer helpline, and does not provide any after-sales services with respect to products sold on this website. All such products and services are sold and provided by SDUSA, LLC. By using this website you agree that Supergroup Internet Limited does not and will not have any liability to you with respect to any products purchased from this website, services provided under the customer hotline, or any after-sales services.
Copyright
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Supergroup Internet Limited. The collective work includes works that are licensed to Supergroup Internet Limited. Copyright 2010, SUPERGROUP INTERNET LIMITED. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Superdry ™ or to purchase Superdry ™ products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Supergroup Internet Limited in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
TRADEMARKS/INTELLECTUAL PROPERTY
The Superdry ™ trademark is owned by DKH Retail Limited, trading as Laundry Athletics, and is used under license by SDUSA, LLC in the United States. The Superdry ™ trademark may not be used without DKH Retail Limited 's prior written permission. Any other intellectual property in the website is the sole property of Superdry ™ and/or its licensors.
THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, Superdry ™ may link to websites operated by third parties. However, even if the third party is affiliated with Superdry, Superdry ™ has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of Superdry. These linked websites are only for your convenience and therefore you access them at your own risk. Superdry ™ seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from this website before you use such third-party website.
PRIVACY
Superdry ™ is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy.
DISCLAIMER
EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN WITH RESPECT TO THE SALE OF PRODUCTS, THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. EXCEPT FOR SUCH EXPRESS WRITTEN WARRANTIES, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW Superdry ™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Superdry ™ DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Superdry ™ DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Superdry ™ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Superdry ™ FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
LIMITATION OF LIABILITY
Superdry ™ WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF Superdry ™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, Superdry ™ IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, SUPERDRY'S LIABILITY WILL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER OR US$100.00, WHICHEVER IS LESS.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Superdry, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.
MISCELLANEOUS
Your use of this website will be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Superdry ™ products) will be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Los Angeles County, California. By using the website, you agree to receive electronic communications from Superdry. You agree that any notice, agreement, disclosure or other communication that Superdry ™ sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Superdry's failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these terms and conditions. Superdry ™ may assign its rights and duties under this Agreement to any party at any time without notice to you.
Term and Termination
These Terms of Use are applicable to you upon your accessing the website. Superdry ™ reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Superdry ™ without notice at any time, for any reason. The provisions relating to Copyright, Trademarks/Intellectual Property, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, will survive any termination. Last Modified: 6/18/2010




