Terms of sale

Last update: August 22, 2024

The General Conditions govern :

• the use of dark-academia-clothing.us, and,
• any other related Agreement or legal relationship with the Owner

in a legally binding manner. Capitalized terms are defined in the corresponding sections of this document.

The User must read this document carefully.

The following entity provides dark-academia-clothing.us:

SPF Global SAS – 61 rue de lyon, 75012 Paris, France

Owner’s contact e-mail: contact@dark-academia-clothing.us

What Users need to know at a glance

• Please note that certain provisions of these Terms and Conditions may only apply to certain categories of Users. In particular, some of the provisions may apply only to Consumers or, conversely, only to Users who do not qualify as Consumers. Such limitations are always expressly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.

• The right of withdrawal applies only to European Consumers.

GENERAL TERMS AND CONDITIONS OF USE

Unless otherwise specified, the terms of use detailed in this section generally apply while using dark-academia-clothing.us.

Unique or additional conditions of use may apply in particular contexts and are then additionally indicated within this document.

By using dark-academia-clothing.us, Users agree to abide by the following conditions:

• There are no restrictions for Users in terms of their status as Consumer or Professional Users.

Content on dark-academia-clothing.us

Unless otherwise indicated or clearly identifiable, all content accessible on dark-academia-clothing.us is owned or presented by the Owner or its licensors.

The Owner makes every effort to ensure that the content presented on dark-academia-clothing.us does not infringe any applicable law or third-party rights. However, this is not always possible.
In such cases, without prejudice to the legal prerogatives of Users to enforce their rights, Users are preferably requested to report any complaints using the contact details provided in this document.

Rights concerning content on dark-academia-clothing.us

The Owner owns and reserves all intellectual property rights to this content.

Consequently, Users may not use this content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, modify, transfer/assign to third parties or create a derivative work of the content accessible on dark-academia-clothing.us, or allow any third party to do so through the User or their device, even without the User’s knowledge.

Where expressly indicated on dark-academia-clothing.us, the User may download, copy and/or share content accessible on dark-academia-clothing.us, for personal, non-commercial use only and provided that copyright attributions and any other attributions requested by the Owner are properly implemented.

Any applicable statutory limitations or exceptions to copyright shall remain unaffected.

Access to external resources

Through dark-academia-clothing.us Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and will therefore not be liable for their content and availability.

The terms and conditions applicable to resources provided by third parties, including those applicable to any grant of rights in the content, derive from the General Terms and Conditions of any third parties or, in their absence, from applicable statutory law.

Acceptable use

dark-academia-clothing.us and the Service may only be used for the purpose for which they were provided, under these Terms and Conditions and applicable law.

Users shall be solely responsible for ensuring that their use of dark-academia-clothing.us and/or the Service does not violate any applicable law, regulation or third party rights.

For this reason, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to refuse the User access to dark-academia-clothing.us or the Service, to terminate contracts, to report any misconduct committed through dark-academia-clothing.us or the Service to the competent authorities – such as judicial or administrative authorities – when Users engage in or are suspected of engaging in the following activities:

• violation of applicable laws or regulations and/or these Terms and Conditions ;
• infringement of any third-party rights;
• considerable harm to the legitimate interests of the Owner;
• offending the Owner or a third party

GENERAL TERMS AND CONDITIONS OF SALE

Provision of personal data

To receive or access some of the Products provided through dark-academia-clothing.us as part of the Service, the User may be required to provide personal data as indicated on dark-academia-clothing.us.

Paid Products

Certain Products provided on dark-academia-clothing.us, constituting part of the Service, are subject to payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the corresponding sections of dark-academia-clothing.us.

Product description

Prices, descriptions or availability of Products are described in the respective sections of dark-academia-clothing.us and are subject to change without notice.

Although the Products on dark-academia-clothing.us are presented with the greatest possible technical precision, the representations on dark-academia-clothing.us by any means (including, as the case may be, graphic elements, images, colors, sounds) are given for information purposes only and do not imply any guarantee as to the characteristics of the Product purchased.

The characteristics of the chosen Product will be described during the purchasing process.

Purchase procedure

Every step from choosing the Product to placing the order forms part of the purchasing procedure.

The purchase procedure includes these steps:

• Users must select the desired Product and check their purchase selection.
• After reviewing the information presented in the purchase selection, Users can place an order by submitting it.

Placing an order

When the User places an order, the following applies:

• Placing an order determines the conclusion of a contract and consequently creates the obligation for the User to pay the price, taxes and possible fees and expenses, as specified on the order page.
• Where the Product purchased requires an action on the part of the User, such as the provision of information or personal data, details or special wishes, placing an order creates an obligation for the User to cooperate accordingly.
• Once the order has been placed, Users will receive a receipt confirming that the order has been received.

All notifications relating to the purchasing process described will be sent to the e-mail address provided by the User for this purpose.

Prices

Users are informed during the purchase process and prior to order submission, of any charges and prices (including, if present, delivery costs) for which they will be invoiced.

Prices are presented on dark-academia-clothing.us :

• including all applicable fees, taxes and prices.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any offer or discount will always be subject to the eligibility criteria and Terms and Conditions set forth in the corresponding section of dark-academia-clothing.us.

Offers and discounts are always granted at the sole discretion of the Owner.

Repeated or recurring offers or discounts do not create any claim or right that Users may apply in the future.

Depending on the case, offers and discounts may be valid for a limited period of time, only as long as the stock lasts. If an offer or discount is limited in time, the time indications refer to a time zone of the Owner, as indicated in the location details, unless otherwise specified.

Coupons

Offers or discounts may be based on Coupons.

In the event of a breach of applicable Coupons, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or deviating rules applying to the use of the Coupon set out on the relevant information page or on the Coupon itself will always prevail.

Unless otherwise stated, the following rules apply to the use of Coupons:

• Each Coupon is only valid when used in the manner and within the time frame specified on the website and/or Coupon;
• A Coupon may only be used in its entirety at the time of purchase – partial use will not be permitted;
• Unless otherwise stated, single-use Coupons may only be used once per purchase and may therefore only be applied once, even in cases involving staggered purchases;
• A Coupon cannot be used cumulatively;
• The Coupon must be used exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, preventing the User from exercising any relevant rights, including withdrawal;
• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the value redeemed;
• The Coupon is for non-commercial use only. Any reproduction, counterfeiting or trading of the Coupon is strictly prohibited, as is any illegal activity related to the purchase and/or use of the Coupon.

Payment methods

Information on accepted payment methods is made available during the purchase process.

Some payment methods may only be available subject to conditions or additional charges. In such cases, the related information can be found in the dedicated section of dark-academia-clothing.us.

All payments are processed independently through third-party services. For this reason, dark-academia-clothing.us does not collect any payment information – such as credit card details – but only receives notification once the payment has been successfully completed.

If a payment by the available means fails or is refused by the payment service provider, the Owner will be under no obligation to fulfill the order. In the event of payment failure or refusal, the Owner reserves the right to claim reimbursement from the User for any costs or damages incurred.

Authorization for future PayPal payments

If Users authorize the PayPal function for future purchases, dark-academia-clothing.us will retain an identification code linked to the User’s PayPal account. This allows dark-academia-clothing.us to automatically process payments for future purchases or recurring payments for past purchases.

This authorization can be revoked at any time, either by contacting the Owner by changing the user settings offered by PayPal.

Retention of ownership of the Product

Until payment of the full purchase price is received by the Owner, no Product ordered shall become the property of the User.

Delivery

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.

Upon delivery, Users are advised to check the contents of the delivery and report any anomalies without undue delay, using the contact details provided in this document or in the manner indicated on the delivery note. The User may refuse to accept a package if it is visibly damaged.

Goods are delivered to the countries or territories specified in the corresponding section of dark-academia-clothing.us.

Delivery times are specified on dark-academia-clothing.us or during the purchase process.

Unless otherwise specified on dark-academia-clothing.us or with the Users’ agreement, Products will be delivered within thirty (30) days of purchase.

Failed delivery

The Owner cannot be held responsible for delivery errors caused by inaccuracies or shortcomings in the execution of the purchase order by the User, or for damage or delays after the transfer to a carrier that is arranged by the User and is not proposed or recommended by the Owner.

If the goods are not received or collected on or before the specified deadline, the goods will be returned to the Owner, who will contact the User to arrange a second delivery attempt or agree on the future course of action.

Unless otherwise agreed, any attempted delivery from the second onwards will be at the User’s expense.

User rights

Right of withdrawal

Unless exceptions apply, Users will be eligible to withdraw from the contract within the period specified below (usually 14 days), for any reason and without motivation. Users can learn more about withdrawal conditions in this section.

To whom the right of withdrawal applies

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a legal right of withdrawal under EU rules, allowing them to withdraw from contracts concluded online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

Users who do not fall into this category cannot benefit from the rights described in this section.

Exercising the right of withdrawal

In order to exercise their right of withdrawal, Users must send an unequivocal statement of their intention to withdraw from the contract.

To this end, Users may use a withdrawal template accessible from the “definition” section of this document. Users are, however, free to express their intention to withdraw from this contract by making an unequivocal statement in any other suitable manner. In order to respect the deadline within which they may exercise such a right, Users must send the notice of withdrawal before the withdrawal period expires.

When does the withdrawal period expire?

• For the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the bearer and designated by the User – takes personal possession of the goods.
• In the case of the purchase of several goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of multiple lots or parts delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the bearer or the person designated by the User – takes possession of the last good or lot, or the last part, in person.

Effects of withdrawal

Users who have correctly retracted from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if present, those covering delivery.

However, any additional cost resulting from the choice of a delivery method other than the cheapest standard delivery type offered by the Owner, will not be refunded.

Any such refund will be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, refunds will be made using the same means of payment used to process the original transaction. In all cases, the User will not incur any costs or fees as a result of such refunds.

… on the purchase of physical goods

Unless the Owner has offered to collect the goods, the User will return the goods or pass them on to the Owner, or the person authorized by the Owner to receive the goods, without undue delay and in any case within 14 days of the day on which they have communicated their decision to withdraw from the contract.

Deadlines are met if the goods are transferred to bearer, or otherwise returned as indicated above, prior to the expiry of the 14-day period for returning the goods. Refunds may be withheld until receipt of goods, or until Users have provided proof of return, whichever is sooner.

Users will only be liable for any diminished value of the goods resulting from the handling of the goods beyond what is necessary to establish their nature, characteristics and functioning.

The cost of returning the goods shall be borne by the User.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?

• Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
• Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

Effects of cancellation

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

Direitos do Usuário brasileiro

Direito de arrependimento

Salvo se for estipulada abaixo uma exceção aplicável, os Usuários Consumidores no Brasil terão o direito legal de arrependimento de acordo com a legislação brasileira. Isto significa que o Consumidor tem o direito de rescindir os contratos online (contratos à distância ou celebrados fora do estabelecimento comercial) por qualquer motivo e sem justificativa, no prazo de 7 (sete) dias a contar da data da celebração do contrato ou do recebimento do produto ou serviço. Usuários que não se qualificam como Consumidores não podem se beneficiar dos direitos estabelecidos nesta seção. O direito de arrependimento poderá ser exercido pelo Consumidor por meio dos canais de contato indicados no início deste documento e de acordo com as orientações desta seção.

Exercício do direito de arrependimento

Para exercer o direito de arrependimento, os Usuários devem enviar ao Proprietário uma declaração inequívoca de sua intenção de rescindir o contrato. Para tanto, os Usuários poderão utilizar o modelo de formulário de rescisão disponível na seção “definições” deste documento. No entanto, os usuários são livres para expressar sua vontade de rescindir o contrato através de uma declaração inequívoca por qualquer via adequada. Para respeitar o prazo estabelecido para o exercício de tal direito, os Usuários devem enviar o aviso de arrependimento antes do fim do prazo. Quando termina o prazo de arrependimento?

• Em relação à compra de produtos, o prazo de arrependimento é de 7 (sete) dias após a data de recebimento do produto pelo Usuário ou um terceiro designado pelo Usuário que não seja o transportador.
• No caso de compra de múltiplos produtos encomendados em conjunto mas entregues de forma separada, ou no caso de compra de um único produto constituído por diversos lotes ou peças entregues de forma separada, o prazo de arrependimento é de 7 (sete) dias após a data de recebimento do último produto, lote ou peça pelo Usuário ou um terceiro designado pelo Usuário que não seja o transportador.

Efeitos do arrependimento

Os Usuários que rescindirem corretamente um contrato serão reembolsados pelo Proprietário por todos os pagamentos feitos ao Proprietário, incluindo, se houver, aqueles que cobrem os custos de entrega.

No entanto, não serão reembolsados quaisquer custos adicionais resultantes da escolha de um método de entrega específico que não seja o tipo de entrega padrão mais barato oferecido pelo Proprietário.

Este reembolso será realizado sem demora injustificada e no prazo máximo de 14 (catorze) dias, a contar do dia em que o Proprietário foi informado da decisão do Usuário de rescindir o contrato ou da devolução efetiva do produto, o que ocorrer por último. Salvo se acordado de outra forma com o Usuário, os reembolsos serão efetuados por meio do mesmo método de pagamento utilizado para processar a transação inicial. O Usuário não incorrerá em quaisquer custos ou taxas em razão de tal reembolso.

…na compra de produtos físicos

Salvo se o Proprietário tiver se disponibilizado para coletar os produtos, os Usuários devem devolvê-los ou entregá-los ao Proprietário ou a uma pessoa autorizada por este a receber os produtos, sem demora injustificada e no prazo de 14 (catorze) dias a contar da data da comunicação da decisão de rescisão do contrato.

O prazo terá sido cumprido se o produto for entregue ao transportador ou devolvido, conforme indicado acima, antes do fim do prazo de 14 (catorze) dias estipulado para a devolução. O reembolso pode ser retido até a recepção dos produtos ou até que os Usuários apresentem prova da devolução, o que ocorrer primeiro.

Os Usuários só serão responsáveis pela redução do valor dos produtos que resulte do manuseio além do necessário para a garantia de sua natureza, características e funcionamento.

Os custos de devolução dos produtos serão arcados pelo Proprietário.

Warranties

Legal warranty of conformity of goods under EU law

Under EU law, for a minimum period of two years after delivery, merchants agree on the conformity of the goods they sell. This means that merchants must ensure that the goods purchased have the promised quality, or the quality that can be legitimately expected, functionally or in characteristics for at least two years after being delivered to the buyer.

Where Users qualify as European Consumers, the legal warranty of conformity for goods applies to items accessible on dark-academia-clothing.us in accordance with the laws of the country of their habitual residence.

The national laws of such a country may guarantee more extensive rights to Users.

In particular, Consumers based in France may exercise their warranty rights within two years of delivery of the goods without being required to provide proof of the defect or lack of conformity of the goods. The period of time during which the Consumer is exempt from providing proof is reduced to six months in the case of used goods.

When exercising their warranty rights, Consumers may choose between requesting replacement or repair of the defective good under the conditions laid down by the French Consumer Code.

This statutory warranty of conformity applies independently of any commercial warranty that may be offered by the Owner.

Consumers may also exercise their warranty rights for hidden faults in accordance with the relevant provisions of the French Civil Code, choosing between cancelling the purchase or requesting a price reduction.

Consumers who do not qualify as Europeans may benefit from legal warranties of rights of conformity in accordance with the Law of the country of their habitual residence.

Liability and indemnity

Except where explicitly stipulated otherwise or otherwise agreed with Users, the Owner’s liability for damages in connection with the performance of the Agreement is excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders and employees from and against any claim or demand – including without limitation attorneys’ fees and costs – made by any third party due to or arising out of or in connection with any wrongful violation of these Terms and Conditions, the rights of third parties or provisions of law relating to the use of the Services by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the fullest extent permitted by applicable law.

The foregoing shall also apply to any claims brought by third parties (including, without limitation, the Owner’s customers) against the Owner in connection with digital Products provided by the User, such as, for example, claims for lack of conformity.

Limitation of liability for User activities on dark-academia-clothing.us

Unless explicitly stated otherwise, and without prejudice to applicable law, Users have no right to claim damages from the Owner (or any natural or legal person acting on its behalf).

This does not apply to injury to life, health or physical integrity, to damage resulting from a breach of important contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or to intentional damage or damage resulting from gross negligence, as long as dark-academia-clothing.us has been used correctly and wisely by the User.

Unless the damage was caused intentionally or by gross negligence, or if it affects life, health or physical integrity, the Owner will only be liable up to the amount of damage typical or foreseeable at the time the contract was concluded.

Australian Users

Limitation of liability

Nothing in these Terms shall exclude, limit or modify any warranty, condition, right or remedy available to the User under the Competition and Consumer Act 2010 or any similar legislation of any state or territory, which cannot be excluded, limited or modified (non-excludable right). To the extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and liability not excluded by these Terms and Conditions, is limited, as deemed appropriate by the Owner, to re-performance of the Services or payment of the costs to obtain such Services again.

United States Users

Warranty disclaimer

Dark-academia-clothing.us is provided strictly “as is” and “as available”. Use of the Service is the responsibility of the User. To the fullest extent permitted by applicable law, the Owner expressly excludes all conditions, representations and warranties, express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated herein.

Notwithstanding the foregoing, the Owner, its subsidiaries, affiliates, licensors, directors, officers, representatives, co-branders, partners, suppliers and employees do not warrant that the Content is accurate, reliable or correct; that the Service will meet the needs of Users; that the Service will be available at any particular time or location, or that it will be provided on a continuous or secure basis; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and the User is solely responsible for any damage to his or her computer system or mobile device or loss of data that results from such downloading or use of the Service.

The Owner does not endorse or guarantee any product or service advertised or offered by any third party through the Service or any hyperlinked website or service, and assumes no responsibility for such products and services. Furthermore, the Owner will not participate in any transactions between Users and third-party suppliers of products or services, nor will it monitor such transactions in any way.

The Service may become inaccessible or not function properly with Users’ Internet browser, mobile device or operating system. The Owner shall not be liable for any alleged or actual damages resulting from the content, operation or use of this Service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement grants specific legal rights to Users, who may also have other rights that vary from state to state. The disclaimers and exclusions in this Agreement do not apply to the extent prohibited by applicable law.

Limitations of liability

To the extent permitted by applicable law, the Owner and its subsidiaries, affiliates, directors, officers, representatives, co-branders, partners, suppliers and employees shall in no event be liable for

• indirect, punitive, consequential, special, incidental or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of the use of or inability to use the Service; and
• damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or the User’s account or information contained therein;
• errors, mistakes or inaccuracies in content;
• injury or property damage of any kind resulting from the User’s access to or use of the Service;
• unauthorized access to or use of the Owner’s secure servers, or personal information stored thereon;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, Trojan horses or other items that may be transmitted to or through the Service;
• any errors or omissions in content or any loss or damage suffered as a result of the use of content posted, e-mailed, transmitted or made available through the Service; or
• defamatory, offensive or illegal conduct of any User or third party. The Owner and its subsidiaries, affiliates, directors, officers, representatives, co-branders, partners, suppliers and employees shall in no event be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in excess of the amount paid by the User to the Owner hereunder during the preceding 12 months or during the term of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the relevant jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms grant specific legal rights to the User, who may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability set forth in these Terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, directors, officers, representatives, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including without limitation legal fees and expenses, arising out of or in connection with

• the User’s use of and access to the Service, including any data or content transmitted or received by the User;
• breach of these Terms by the User, including, but not limited to, breach by the User of any of the representations and warranties set forth in these Terms;
• breach by the User of any third party rights, including, but not limited to, any rights of confidentiality or intellectual property;
• User’s violation of any law, rule or regulation;
• any content sent from the User’s account, including third-party access with the User’s unique name, password or other security measures, if any, including, but not limited to, misleading, false or inaccurate information;
• intentional misconduct by the User; or
• breach of any legal provision by the User or its affiliates, directors, officers, representatives, co-branders, partners, suppliers and employees to the fullest extent permitted by applicable law.

Common provisions

Non-waiver clause

The failure of the Owner to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of this or any other condition.

Interruption of service

In order to ensure the highest possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system upgrades or any other change, with proper notice to Users.

Within the limits of the law, the Owner may also decide to suspend or terminate the entire Service. If the Service is terminated, the Owner will cooperate with Users to allow them to remove Personal Data or information and will respect Users’ rights to continued use of the product and/or compensation, as provided by applicable law.

In addition, the Service may not be accessible for reasons beyond the Owner’s reasonable control, such as “force majeure” (infrastructure failures or power outages etc.).

Resale of Service

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of dark-academia-clothing.us and its Services without prior express permission, granted either directly or through a legitimate resale program.

Privacy Policy

For more information on the use of their Personal Data, users may refer to the dark-academia-clothing.us privacy policy.

Intellectual property rights

Without prejudice to any specific provision of these Terms and Conditions, all copyrights, such as trademarks, patents and design rights associated with dark-academia-clothing.us are the exclusive property of the Owner or its licensors and are subject to protection under applicable laws or international treaties relating to intellectual property.

All trademarks – whether nominal or figurative – and all other trademarks, trade names, word marks, illustrations, images, or logos appearing in connection with dark-academia-clothing.us are, and shall remain, the exclusive property of the Owner or its licensors and are subject to the protection afforded by applicable laws or international treaties relating to intellectual property.

Modification of these General Terms and Conditions

The Owner reserves the right to modify or otherwise amend these Terms and Conditions at any time. In such cases, the Owner will properly inform the User of any such changes.

These changes will only affect the relationship with the User from the date communicated to the User.

Continued use of the Service will signify the User’s acceptance of the revised Terms and Conditions. If the User does not wish to be bound by these changes, he/she must cease using the Service and may terminate the Agreement.

The previous applicable version will govern the relationship prior to acceptance by the User. The User may obtain any previous version from the Owner.

If legally obliged to do so, the Owner will inform Users in advance of the date on which the amended General Terms and Conditions will come into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these General Terms and Conditions, taking into account the legitimate interests of the User.
Provisions concerning changes to these Terms and Conditions will be applied accordingly.

Users may not assign or transfer their rights or obligations under these Terms and Conditions in any manner, without the written permission of the Owner.

Contacts

Any communication related to the use of dark-academia-clothing.us should be sent using the contact information provided in this document.

Severability

In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU users

In the event that any provision of these Terms is or is deemed to be invalid, void or unenforceable, the parties will use their best efforts to amicably agree upon valid and enforceable provisions substituting the invalid, void or unenforceable portions.
Failing this, the invalid, void or unenforceable provisions will be replaced by the applicable statutory provisions, if permitted or affirmed by applicable law.
Without prejudice to the foregoing, the nullity, invalidity or unenforceability of any particular provision of these Terms shall not render void the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the Agreement had they known that the provision was invalid, or in the event that the remaining provisions would result in an unacceptable hardship to either party.

Users in the United States

Any invalid or unenforceable provision shall be construed, understood and reformed to the extent reasonably required to make it valid, enforceable and consistent with its original purpose.
These Terms constitute the entire Agreement between Users and Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to, any prior agreements between the parties with respect to such subject matter.
These Terms will be enforced to the fullest extent permitted by law.

Applicable law

These Terms are governed by the laws of the place where the Owner is based, as described in the relevant section of this document, without regard to principles of conflict of laws.

Primacy of national law

However, regardless of the foregoing, if the law of the country where the User is located provides for stricter applicable consumer protection standards, such stricter standards shall prevail.

Exception for Consumers located in Switzerland

If the User is a Consumer in Switzerland, Swiss law applies.

Exceção para Consumidores no Brasil

Se o Usuário se qualificar como um Consumidor Brasileiro e o produto e/ou serviço for comercializado no Brasil, será aplicada a legislação brasileira.

Place of jurisdiction

The exclusive jurisdiction to settle any controversy arising out of, or connected with, these Terms and Conditions rests with the courts of the place where the Owner is based, as described in the relevant section of this document.

Exception for Consumers located in Europe

The foregoing does not apply to Users who qualify as European Consumers, nor to Consumers based in the United Kingdom, Norway or Iceland.

Exceção para Consumidores no Brasil

O acima não se aplica a Usuários no Brasil que se qualifiquem como Consumidores.

Dispute resolution

Amicable dispute resolution

Users may bring a dispute to the attention of the Owner, who will attempt to resolve it amicably.

While Users’ rights to take legal action will always remain unaffected, in the event of any controversy concerning the use of dark-academia-clothing.us or the Service, Users will be asked to contact the Owner using the contact details provided in this document.

The User may send the Owner, at the e-mail address indicated in this document, a complaint including a brief description and, where applicable, information relating to the order, purchase, or account concerned.

The Owner will process the complaint without undue delay and within 2 days of receipt.

Online dispute resolution for Consumers

The European Commission has set up an online platform for alternative dispute resolution, offering an out-of-court settlement method for disputes relating to and arising from online sales and service contracts.

Any European Consumer or any Consumer located in Norway, Iceland or Liechtenstein can use such a platform to resolve disputes arising from contracts that have been concluded online. This platform can be accessed via the following link.

France: Mediation

Within one year of complaining in writing to the Owner about any dispute arising from these Conditions, Consumers have the right to initiate mediation proceedings before

• any mediation body approved by the French Government. The relevant list is available at the following link: https://www.economie.gouv.fr/mediation-conso/mediateurs-references.

Definitions and legal references

Dark-academia-clothing.us (or this Application)

The property that enables the Service to be made available.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms and Conditions.

Brazilian (or Brazil)

Applies when a User, regardless of nationality, is located in Brazil.

Professional User

Any User who does not qualify as a Consumer.

Coupon

Any code or voucher, in printed or electronic form, which enables the User to purchase the Product at a reduced price.

Digital Product

Refers to a Product consisting of :

• content produced and supplied in digital format; and/or
• a service for creating, processing, storing or accessing data in digital form, or for sharing or otherwise interacting with digital data uploaded or created by the User or any other user of dark-academia-clothing.us.

European (or Europe)

Applies when a User, regardless of nationality, is located in the EU.

Example of a withdrawal form

Addressed to :

SPF Global SAS – 61 rue de lyon, 75012 Paris, France
contact@dark-academia-clothing.us

I/We hereby notify you of my/our withdrawal from the contract for the sale of the following goods:

_____________________________________________ (insert a description of the goods/services which are subject to the withdrawal in question)

• Ordered on: _____________________________________________ (insert date)
• Received on: _____________________________________________ (insert date)
• Name of consumer(s):_____________________________________________
• Address of customer(s):_____________________________________________
• Date: _____________________________________________

(sign if this form is on paper)

Owner (or We)

Indicates the person(s) or legal entity(ies) that provides dark-academia-clothing.us and/or the Service to Users.

Product

A good or service accessible through dark-academia-clothing.us, such as physical goods, digital files, software, reservation services etc., and any other type of product defined separately herein, such as Digital Products.

Service

The service provided by dark-academia-clothing.us as described in these Terms and Conditions and on dark-academia-clothing.us.

Terms and Conditions

All provisions applicable to the use of dark-academia-clothing.us and/or the Service as described in this document, including any other documents or agreements, and as updated from time to time.

United Kingdom

Applies when a User, regardless of nationality, is located in the United Kingdom.

User (or You)

Indicates the natural person or legal entity using dark-academia-clothing.us.

Consumer

A Consumer is any User qualified as such by applicable law.