Effective Date: May 25, 2018 onward
Outlined below are the terms and conditions of use for Obstance LLC and any project, website or application provided by Obstance℠ (collectively, the “services,” “website,” or “site”), including the website in which you’re currently visiting (collectively, “us,” “we,” or “our”).
Each time you access or log into the services, you are stating that you have read and understand, and agree to be bound by, the terms set forth. If you do not agree to these terms, you are not permitted to use or access the services.
1. Site Terms
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in this website are protected by applicable copyright and trademark law.
2. Digital Material Use License
Permission is granted to temporarily download one copy of the materials on this website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this website;
- remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server or website.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time if we feel that you have violated these terms, any applicable laws, or is otherwise harmful to our interests. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy or delete any downloaded materials in your possession whether in electronic or printed format.
3. Online Content Submissions
- provide accurate and true information via the form(s) you’re submitting to.
- maintain this information to keep it accurate
As well, you agree not to use our services to:
- violate laws, whether local, national, or international
- invade or reveal the privacy of other individuals, transmit unsolicited, abusive, libelous or otherwise objectionable content or messages, as deemed by our discretion
All online content (information, images, pictures, data, text, photographs, graphics, messages, or other materials), hereinafter “materials”, that you submit are not claimed to be owned by us. The individual submitting material to this website retains all rights to such material. However, when submitting such material, you grant us and our representatives a perpetual and irrevocable license to use, modify, distribute, reproduce, and/or display your submissions in various mediums or formats. We reserve rights to display advertisements alongside submissions, or use submissions themselves as advertisements, with no compensation to you.
We do not always pre-screen content submissions and you agree that you are responsible for all of your own submissions. Any theft or loss of submissions are not our responsibility. We may remove your submissions at any time for any reason. You are advised to not post any personal information anywhere on the site aside from the designated areas in your account settings (if you are purchasing a product or service from us).
4. Online Site Disclaimer
The materials, such as blog posts and comments, on this website are provided “as is.” We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our website or otherwise relating to such materials, or on any websites linked to this site.
4. 1. Links
We have not reviewed all of the sites linked to us, and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site linking to ours. Use of any third party website is at the user’s own risk.
Links from us to third party websites fall under the same clause. We do, however, try to link only to reputable sources. This does not imply that we endorse these websites or sources. You agree that we will not be held liable for any information, material or software found at any of these websites or sources.
5. Payments and Fees
When you order a product or service that has a fee, you will be charged the current fee. Fees may change from time to time at our discretion, such as when we have sales or offer you a discount in our shop. We may choose to change fees on a temporary basis for promotional events or new products or services, and those changes are live when we post such an event (so long as it is not a future event with a date and/or time clearly labeled). We cannot offer percentage-back offers if you miss an event or do not use a live coupon and realize it after your purchase.
By placing an order through this site, you are affirming that you are legally entitled to use the means of payment entered by you, and that the name and address for shipping and billing are correct and current. In the case of card payments, you affirm that you are either the cardholder or have the cardholder’s express permission to use the card to effect payment on our site. If you have used another person’s card without their permission, you are personally liable for damages resulting from such an unauthorized transaction.
In the case of an unfounded chargeback, you will reimburse Obstance LLC for any losses, which includes product and shipping cost and chargeback fees (varies depending on payment system used).
We have the right to refuse to process a transaction or fulfill a service for any reason to anyone, at any time. We are not to be held liable to you or any other party for us refusing or suspending any transaction. This is normally reserved for suspicious activity and is a protective measure, but the option to do so remains at our discretion.
All fees and payments are in US Dollars. You are responsible for paying any associated fees and taxes on your purchase(s). This may include customs fees and currency conversion for international visitors.
6. Shipping and Returns
6. 1. Order Changes
After you have submitted your order with your payment, it may not be possible to modify or cancel your order. If you want to change some things, such as your shipping address, get in touch with us by replying to your order confirmation email or any method most convenient for you. While we are not bound to make such modifications to your order, we will do our best to find a solution if time and situation permits.
6. 2. Lost Shipment
If you have made an order and haven’t received it after getting shipping confirmation, it is on you to contact the carrier with your tracking number. Should the order not be delivered and tracking shows that it never made it to your correct shipping address, we will reship another order to you at no cost.
Please note that if the order has been marked as delivered, you are responsible for filing any claims with the carrier for a lost shipment. In these cases, we cannot make any refunds or exchanges, or resend your order. To do so, it would need to be at your cost.
6. 3. Replacements and Returns
We will review replacement or return requests only if
- there is a missing item in your order or a damaged product
- incorrect product or sizes in your order (items do not match order form)
- we receive your complaint within 20 days after the delivery date.
6. 4. Exchanges
While we cannot offer exchanges in every case, we do try to honor exchanges if you enjoy your purchased apparel but need a different size.
7. Description of Products
Each product or service that is available will be described on their respective pages on our site. We always strive to represent each product as accurately as possible, whether by photography or digital design with appropriate templates.
Since we try to continuously improve our product offerings, we may change a product if we think it would better suit our audience. In these cases, we will amend the specifications of the product to accurately represent the changes made, including pricing if necessary. Before ordering a product, we suggest that you read the description thoroughly — even if it’s one that you have purchased in the past.
Alternatively, we may simply discontinue a product or service, choosing whether to replace it with an alternative or keep it discontinued indefinitely.
Products may use digital mock-ups to show a realistic impression of the product. Note that while these resemble the product as closely as they can, the actual product may have minor differences. This is particularly true when it comes to the nature of monitors and display screens: colors may not be representative of the actual product, despite the color being true when uploaded as an image to be displayed.
8. Purchase of Products
All of the information asked for during checkout must be filled in accurately. Obstance LLC will not be held responsible for a missed delivery because of a wrong address entered as the shipping address. If you need to amend an order, contact us as soon as possible.
9. Delivery of Products
We deliver internationally, to most places in the world using whichever mail carrier you select. You will be responsible for shipping costs, which will be reflected during checkout. If there are customs fees, you are responsible for these as well.
Some products may be packaged and shipped separately, and in some cases from different warehouses. We cannot guarantee delivery dates, and you should go based off of what your tracking says (if you selected a shipping option that includes tracking). All delivery estimates are given at the time of your order, but are subject to change.
If something changes, we will try our best to reach out to you and advise you of these changes.
10. Revisions and Errata
The materials appearing on this website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on this website are accurate, complete, or current. We may make changes to the materials contained on the website at any time without notice. We do not, however, make any guarantee to update the materials.
In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the site, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
13. Governing Law
Any claim relating to our services shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions.
If any provision within this agreement is deemed to be invalid or unenforceable, the respective provisions will be struck and the remaining ones shall stay enforced. Headings are for reference purposes and are not intended to be ordered in by importance or scope. We do not guarantee that we will take action against all breaches of this agreement.
Obstance LLC reserves the right to transfer, or assign, this agreement or any right or obligation under this agreement at any time.