Terms & Conditions

TERMS AND CONDITIONS

 

These terms and conditions (“Terms and Conditions”) set out the contractual relationship between you and in-house apparel, inc. (“IN-HOUSE”) that apply to your use of our website located at shopinhouse.com, any of its sub-domains (together, the “Website”), any associated IN-HOUSE controlled social media pages, and any other products and services operated by or on behalf of IN-HOUSE (collectively, the “Services”).  By accessing or using any part of the Website or Services, you agree to be bound by these Terms and Conditions.  If you do not accept all of these Terms and Conditions, you may not access the Website or Services and are hereby instructed to leave immediately.

 

  1. Our Services: IN-HOUSE allows you to search through the Website and purchase products from a large number of third-party retailers and brands (“Partner(s)”).  When you purchase products using the Website, you are purchasing from Partners, and the purchase is subject to the terms and conditions established by the relevant Partner. Purchases on IN-HOUSE are a contract between you and the relevant Partner, and IN-HOUSE is merely acting as agent on behalf of the relevant Partner.  You are not purchasing the products from IN-HOUSE.  IN-HOUSE is authorized by the relevant Partners to conclude the contract on their behalf but IN-HOUSE is not a party to that contract and you are not purchasing the products from IN-HOUSE.  This means that the Partner, not IN-HOUSE is legally responsible for selling and delivering products to you.

 

  1. Products: IN-HOUSE attempts to be as accurate as possible in the pricing and description of the products displayed on the Website. However, as they are based on information provided to IN-HOUSE by Partners (who are responsible for them), IN-HOUSE cannot guarantee that all details are always accurate, complete or error free.

 

  1. Purchasing: IN-HOUSE provides ancillary services such as payment processing without charge. We accept all major credit cards as well as Google Pay, Paypal, and Apple Pay.

 

  1. Orders: All orders are subject to acceptance by IN-HOUSE, as well as availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contract for the products with the Partner, the Partner will be under a legal duty to supply you with goods that are in conformity with the contract.  Legal title to the product purchased will pass to you upon your payment being accepted. Risk will remain with the Partner until the product is delivered to the address specified when you placed your order.

 

  1. Shipping: Partners are responsible for shipping any products that you purchase on the Website. Shipping options and prices are based on what the Partner offers on their native website and/or in their native terms and conditions.

 

  1. Returns: Purchases on the Website are subject to the return, refund, or exchange policies established by the relevant Partner. IN-HOUSE will do its best to post such policies on the “Returns” page on the Website.  However, IN-HOUSE does provide the customer service assistance for any purchases on the Website, so your requests for a return, refund, or exchange should be made to IN-HOUSE and we will communicate with the relevant Partner on your behalf.

 

  1. Partners: As explained above, the contract for the purchase of the products is between you and the relevant Partner. IN-HOUSE is acting as agent and is authorized by the relevant Partner to conclude the contract on its behalf but IN-HOUSE is not a party to that contract and you are not purchasing the products from IN-HOUSE. IN-HOUSE requests that all Partners using the Website have and maintain reasonable business policies. IN-HOUSE cannot, however, be responsible for Partners’ business policies.  If you are unhappy with the product or service you have received from a Partner, you should contact IN-HOUSE and we will communicate with the relevant Partner on your behalf to try and resolve the issue.

 

  1. Intellectual Property: IN-HOUSE owns, controls, or is the licensee of all content, information, data, text, graphics, logos, user interfaces, visual interfaces, images, sounds, artwork, computer code, programs, software, products, information, and materials contained, described, referenced, or available on the Website or Services (the “Content”). Neither title nor intellectual property rights to the Content are transferred or assigned to you or any other person in connection with your use of the Website or Services, but remain with IN-HOUSE, who, along with its licensors and Partners, is the exclusive owner of all rights, title, and interest therein.  All rights are reserved.

 

  1. Site Use: Subject to your compliance with these Terms and Conditions, IN-HOUSE grants you a personal, revocable, limited, royalty free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website and Services.

 

You may not duplicate, copy, reproduce, modify, use, publish, upload, post, transmit, transfer, sell, resell, license, rent, lease, lend, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works of, or commercially exploit any portion of the Website or Services without express permission by IN-HOUSE.  In addition, you are prohibited from using the Website or Services (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any applicable regulations, rules, laws, or local ordinances, (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the internet, (f) to collect or track the personal information of others, (g) to spam, phish, pharm, pretext, spider, crawl, or scape, (h) for any obscene or immoral purpose, (i) to interfere with or circumvent the security features of the Services.  IN-HOUSE reserves the right to terminate your use of the Services for violating any of the prohibited uses.

 

IN-HOUSE reserves the right to withdraw or amend the Website without notice and, from time to time, may restrict access to all or parts of the Website.  We will not be liable to you for any loss or damage arising under or in connection with: (i) your inability to use the Website, or (ii) your use of or reliance on any content displayed on the Website.

 

  1. Compliance with Laws: You represent that you are at least the age of majority in your state or province of residence. You agree to comply with all applicable laws regarding your use of the Website and Services.

 

  1. Indemnification:  You agree to indemnify, defend, and hold harmless IN-HOUSE and our subsidiaries, affiliates, partners, licensors, content providers, service providers, suppliers, interns, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) from any claim or demand, including reasonable attorneys’ fees, made by any third party due to arising out of any breach of these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from the Website or Services.

 

  1. Disclaimer: The Website and Services are provided on an "as is" and "as available" basis. IN-HOUSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE WEBSITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  IN-HOUSE MAKES NO WARRANTY THAT (1) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE OR SERVICES, AND ANY INFORMATION OR SERVICE PROVIDED THEREIN, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE OR SERVICES, AND ANY INFORMATION OR SERVICE PROVIDED THEREIN, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE WEBSITE WILL BE CORRECTED.

 

  1. Limitation of Liability: YOU EXPRESSLY ABSOLVE AND RELEASE IN-HOUSE FROM A CAUSE BEYOND IN-HOUSE’S CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO CASE SHALL IN-HOUSE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY SIMILAR DAMAGES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES, AND ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS, AVAILABLE THROUGH THE WEBSITE OR SERVICES OR ANY PRODUCTS PRODUCTED USING THE WEBSITE OR SERVICES, AND EVEN IF IN-HOUSE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   IN ADDITION, TOTAL LIABILITY OF IN-HOUSE FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE PRICE PAID TO IN-HOUSE FOR SUCH PRODUCT OR SERVICE.

 

  1. Third-Party Links: The Website or the Services may feature and/or post the advertisements of third parties and/or links to certain third party content, products, services, websites, social networks or pages (collectively, “third party content”).  Such third party sites and third party content is created, edited, published, maintained, and transmitted by third parties that IN-HOUSE has no control over.  Your use of the third party content is at your own risk and IN-HOUSE makes no judgment or warranty and will not have any liability or responsibility for any third party content appearing on the Website or the Services, or the content, material, accuracy of the information, and/or the quality of materials, products, or services provided by, available through, or advertised on third party content.

 

  1. Use of Information: IN-HOUSE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

  1. Applicable Laws: You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms and Conditions and any dispute that may arise between you and IN-HOUSE or its affiliates.

 

  1. Severability: If any provision of these Terms and Conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

 

  1. Waiver:The failure of IN-HOUSE to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. Any waiver of these Terms of Conditions by IN-HOUSE must be in writing and signed by an authorized representative of IN-HOUSE.

 

  1. Relationship of the Parties: Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

 

  1. Amendments and Modifications: IN-HOUSE reserves the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting the modified Terms and Conditions on the Website. Any such addition, change, update, or modification shall be effective immediately upon posting.  You should check this page periodically for such changes.

 

  1. Entire Agreement:  These Terms and Conditions constitute the entire agreement between you and IN-HOUSE and governs your use of the Website and Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IN-HOUSE with respect to the Website or Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website or Services.  IN-HOUSE may revise these Terms and Conditions at any time by updating this agreement and posting it on the Website.  Accordingly, you should visit the Website and review the Terms and Conditions periodically to determine if any changes have been made. Your continued use of the Services after any changes have been made to the Terms and Conditions signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions.