Updated September 21, 2020.
This Agreement is between you and Grey Apparel, LLC. ( “Grey” or “we“) concerning your use of (including any access to) the websites currently located at https://joingrey.com ,The Sites and Apps are referred to collectively in this Agreement as the “Grey Online Properties“.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by Grey through the Grey Online Properties, or otherwise made available to you by Grey. Your use of the Grey Online Properties is governed by this Agreement regardless of how you access the Grey Online Properties, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network or otherwise.
BY USING THE GREY ONLINE PROPERTIES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE GREY ONLINE PROPERTIES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.
- Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Grey Online Properties. Any such changes will become effective on the “Last Updated” date indicated above and those revised terms will not apply to any dispute between you and us arising prior to such date in which the revised Agreement incorporating such changes became effective, or otherwise notified you of such changes.
Your use of the Grey Online Properties following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Grey Online Properties (including access via any third-party links); charge, modify or waive any fees required to use the Grey Online Properties; or offer opportunities to some or all users.
- Jurisdictional Issues. The Grey Online Properties are controlled or operated (or both) from the United States, and are not intended to subject Grey to any non-U.S. jurisdiction or law. The Grey Online Properties may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Grey Online Properties is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Grey Online Properties’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
- Products. The Grey Online Properties may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products“), as well as references and links to Products. Such Products may be made available by Grey or by third parties. The availability through the Grey Online Properties of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
- Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the Grey Online Properties or through other sales channels such as telephone orders, mail orders or our physical stores (a “Transaction“). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Grey Online Properties, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Restrictions. Grey reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
Refunds & Exchanges. Refunds and exchanges will be subject to Grey’s applicable refund and exchange policies.
Shipping. Grey offers shipping services subject to Grey’s applicable shipping policies.
Trade Customers; Contract Customers. If you are a trade customer, as determined by Grey, then, in addition to this Agreement, the Trade Terms & Conditions will apply to you and your Transactions as a trade customer; such additional terms and conditions are generally made available in connection with the registration process for trade customers. If you are a contract customer, as determined by Grey, then, in addition to this Agreement, the Contract Terms & Conditions will apply to you and your Transactions as a contract customer; such additional terms and conditions are generally made available in connection with the registration process for contract customers.
To the extent of any conflict between the terms and conditions of this Agreement and those of the Trade Terms & Conditions or the Contract Terms & Conditions, those of the Trade Terms & Conditions and the Contract Terms & Conditions will govern.
- Gift Registries. We may make a gift registry service available to you through the Grey Online Properties. Any gift registry that you create with us (a “Gift Registry“) must be for an event involving you or someone who has authorized you to create a Gift Registry on his or her behalf. If a user makes a Transaction using a Gift Registry, we will attempt to update such Gift Registry promptly to reflect such purchases, although we cannot guarantee that we will always be able to do so. We will attempt to keep a Gift Registry accessible for two (2) years after the date of the applicable event, although this time period is subject to change without notice in our discretion.
- Registration; User Names and Passwords. You may need to register to use all or part of any Grey Online Property. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Grey, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or account for any Grey Online Property.
- Rules of Conduct. In connection with the Grey Online Properties, you must not:
- Post, transmit or otherwise make available through or in connection with the Grey Online Properties any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Grey Online Properties any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Grey Online Properties for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Grey Online Properties.
- Interfere with or disrupt the operation of the Grey Online Properties or the servers or networks used to make the Grey Online Properties available, including by hacking or defacing any portion of the Grey Online Properties; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Grey Online Properties.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Grey Online Properties except as expressly authorized herein, without Grey’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Grey Online Properties, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Grey Online Properties.
- Frame or mirror any portion of the Grey Online Properties, or otherwise incorporate any portion of the Grey Online Properties into any product or service, without Grey’s express prior written consent.
- Systematically download and store content of the Grey Online Properties.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content from the Grey Online Properties, or reproduce or circumvent the navigational structure or presentation of the Grey Online Properties, without Grey’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Sites’ root directories, Grey grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Grey reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Grey Online Properties.
- Limited License. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Grey to use the Sites, you may view one (1) copy of any portion of the Sites to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use. The Apps are licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Grey to use the Apps, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Apps on a mobile device that you own or control.
- Grey’s Proprietary Rights. We and our suppliers own the Sites and Apps, which are protected by proprietary rights and laws. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Apps and remove (that is, uninstall and delete) the Apps from your mobile device. Our trade names, trademarks and service marks, among others, include Grey, GREY, Grey BESPOKE, Grey CUSTOM, GREY and any associated logos. All trade names, trademarks, service marks and logos on the Grey Online Properties not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Grey Online Properties should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
- Third Party Materials; Links. Certain functionality of the Grey Online Properties may make available access to materials made available by third parties (“Third Party Materials“), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Grey with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Grey Online Properties at any time. In addition, the availability of any Third Party Materials through the Grey Online Properties does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
- DISCLAIMER OF WARRANTIES. THE Grey ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. GREY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE Grey ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION 13 DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE Grey ONLINE PROPERTIES.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH GREY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES“).
While we try to maintain the timeliness, integrity and security of the Grey Online Properties, we do not guarantee that the Grey Online Properties are or will remain updated, complete, correct or secure, or that access to the Grey Online Properties will be uninterrupted. The Grey Online Properties may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Grey Online Properties.
- LIMITATION OF LIABILITY. GREY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE Grey ONLINE PROPERTIES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, GREY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE Grey ONLINE PROPERTIES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE Grey ONLINE PROPERTIES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE Grey ONLINE PROPERTIES. THE MAXIMUM AGGREGATE LIABILITY OF GREY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO GREY TO USE THE Grey ONLINE PROPERTIES; AND (B) TEN U.S. DOLLARS ($10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH GREY AND THE AFFILIATED ENTITIES.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
- Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Grey and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, any of the Grey Online Properties; and (b) any violation or alleged violation of this Agreement by you.
- Termination. This Agreement is effective until terminated. Grey may terminate or suspend your use of any or all of the Grey Online Properties at any time and without prior notice, including if Grey believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Grey Online Properties will immediately cease, and Grey may, without liability to you or any third party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. Sections 2-8 and 10-23 shall survive any expiration or termination of this Agreement.
- Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND GREY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT GREY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures“), as amended by this Agreement. The Supplementary Procedures are available online at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
- Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from OnGuard Online (http://onguardonline.gov/). Please note that Grey does not endorse any of the products or services listed on such sites.
- Information or Complaints. If you have a question or complaint regarding any of the Grey Online Properties, please contact us. You may also contact us by writing to Grey, 330 Parkins Mill Rd. Greenville, SC 29607. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
- Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
- Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Grey. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Grey relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Grey relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Grey Online Properties or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Grey will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
- California Transparency in Supply Chains Act (SB 657) Disclosure. Grey is providing the following disclosure in compliance with The California Transparency in Supply Chains Act of 2010 (SB 657), which requires that companies disclose their efforts to eradicate slavery and human trafficking from their direct supply chains.
- Vendor Code of Conduct. Grey requires that vendors certify that they will comply with our Vendor Code of Conduct, which prohibits our vendors from using child labor or involuntary labor. Our Vendor Code of Conduct also requires that vendors conduct their operations in accordance with all laws applicable to their businesses.
- Monitoring of Compliance. We review the terms of our Vendor Code of Conduct with all of our suppliers, and conduct periodic reviews of their facilities in order to confirm that they are in compliance with all required policies.
- We train our employees who are responsible for procuring products on the importance of confirming that our vendors comply with the Vendor Code of Conduct, including its prohibitions on child labor and involuntary labor. We also train our employees to identify and respond to concerns about labor practices in the supply chain that might arise from time to time.
- Corrective Action. In the event that a vendor were to violate our Vendor Code of Conduct, we would have the option to terminate our business relationship with that vendor or take other actions with that vendor to remediate any problems that had been identified.
- Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Apps that are compatible with the iOS operating system of Apple Inc. (“Apple“). Apple is not a party to this Agreement and does not own and is not responsible for the Apps. Apple is not providing any warranty for the Apps except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Apps and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Apps, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Apps, including those pertaining to intellectual property rights, must be directed to Grey in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the Apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Apps, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Grey’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
Terms and Conditions for Custom Made Products
By placing an order or making a purchase for any custom made product from Grey, you agree to the following terms and conditions. These terms are valid for all purchases made on the date of acceptance of these terms and conditions and for all subsequent purchases unless otherwise provided. Payment additionally represents acceptance of terms and conditions. All custom orders are final. No returns, refunds or exchanges allowed. All custom orders require full payment upon ordering. No order can be cancelled, changed or modified after payment. All sales are final.
All appointment and garment communications must be made through Grey.com. You will not receive a phone call or personal email when garments are ready. You are required to login into your account to schedule all appointments. Grey does not book appointments over the phone.
Measurements are required for all new clients and may be required for existing clients who have not made custom garments in the past 3-6 months. If either case, only one garment will be made until fit is finalized.
If purchasing a garment for a wedding, the groom and any member of the wedding party must schedule your wedding consultation at least 10 weeks before the wedding date.
If you are taller than 6’4″ or weigh more than 225lbs, a $100 fabric charge and if a new client, a $100 pattern charge, will be applied.
A pattern fee could be charged to you based upon your height and weight.Normally these body types are under 5′ 8″ and greater than 200lbs, over 6′ 4″ or over 225lbs.These fees are only applied to some body types due, which an actual sample will be made for you and then after, your actual garments will be made.These fees will be brought to your attention prior to any design consultations and you can make a decision not to purchase.
Alterations may not be able to fully account for any weight gain/loss or change in client measurements and the cost of extensive alterations due to such changes in weight or body measurements (+/- 3% or more difference in weight or measurements since last weight/measurement documentation) will be paid by the client.
Lead-time for production is approximately 4-6 weeks. Estimated delivery date does not constitute a promise or a contract. We do our best to meet client requested deadlines but occasionally delays happen based on several factors. Minor alterations will likely be necessary and may add approximately 2 weeks after first fitting. Alterations requested after delivery to client must be requested and the garment brought back within four weeks of delivery date.
Grey strongly urges clients to pick up all garments in person to confirm and ensure proper fit and client satisfaction. When pick up is not possible, clients requesting delivery of garments within an one mile radius in city limits of locations will incur a $30 delivery charge. All other deliveries by a common carrier will incur a $75 delivery charge, per garment.International deliveries will incur a $200 delivery charge.
Fabrics will be within an industry standard tolerance of +/-15% in quality and coloring of the sample approved. All orders are subject to availability of fabric, linings or other materials (collectively “materials”). Grey does not guarantee chosen materials will be in stock and reserves the right to change or discontinue styles or colors without notice. Clients will be notified as soon as possible of any backorders or unavailability of materials and we will work with clients to find an acceptable alternative fabric or option. Unavailability of materials will not warrant a discount, cancellation or refund. All critical measurements will be to industry standard tolerances of +/-8% in the chest and waist and +/-10% in the length.
Garments which are not picked up within 1 year of client’s receipt of notice of their availability may be disposed of by donation, sale or trash. No refunds or remakes will be made for such garments.
Terms and Conditions for Semi-Custom Made Products
By placing an order or making a purchase for any semi-custom Ready to Wear (RTW) product from Grey, you agree to the following terms and conditions. The semi-custom RTW products are not eligible for Grey House membership. No discount of any type will be offered for these items and prices are as listed. In addition, these items are NOT bespoke. Semi-custom items are constructed from a ready-made pattern and adjusted accordingly to body shape.
Gift Card Terms and Conditions
Gift cards can be combined with referral credits.
Gift cards can be used to purchase any Grey product, including sale items and garment upgrades.
Gift cards can be used over multiple purchases. A running balance will be kept on the card.
Gift cards can only be sent electronically.
Gift cards cannot be purchased with referral credits.
Corporate discounts cannot be applied to a gift card purchase.
Multiple gift cards cannot be used in a single purchase.
Gift cards expire 5 years from date of purchase.
Any unspent balance cannot be exchanged for cash.
Gift cards cannot be passed on to a third party.
GREY MEMBERSHIP TERMS & CONDITIONS
Consent to Electronic Communications
By registering, joining or using the Membership Program, you are consenting for Grey to send to you electronic communications about your Membership Account.
Categories of Communications. You consent to receive communications relating to your Membership Account in electronic form. The communications covered by your consent may include, but are not limited to: (i) any initial disclosure statement or agreement governing your Membership Account, including these Terms and Conditions; (ii) any disclosures required by federal, state, provincial, territorial or local law, including any disclosures under the federal Electronic Fund Transfer Act, the federal Fair Credit Reporting Act and the financial privacy provisions of the Gramm-Leach-Bliley Act; (iii) any letters, notices or alerts regarding your Membership Account, including, but not limited to, notices regarding expiration and renewal of your Membership Account, and any changes to your Membership Account; and (iv) any other disclosures, notices or communications in connection with the application for, opening of, and maintenance of your Membership Account. Such electronic communications may include your name and certain information about your Membership Account, including the expiration date of your Membership Account and Membership renewal fee. Electronic communications may be reviewed by any party, including us, with access to your Membership Account, the email account you have provided to us for delivering these communications, or the hardware or software you use to view your Membership Account information or your email account.
How to Withdraw Your Consent. You may not apply online for a Membership Account, and you may not register your Membership Account for online services (including electronic statements or mobile alerts), unless you also provide your consent to receive electronic communications. If you have registered for online services (such as electronic statements or mobile alerts) and you subsequently wish to withdraw your consent to receive future electronic communications, you must unsubscribe from each service you have elected to receive in order to completely withdraw your consent to receive electronic communications. Any withdrawal of your consent to electronic communications will be effective only after we have a reasonable period of time to process such withdrawal request.
How to Update Your Records. You agree to promptly update your contact information, including your email address, if it changes, by providing such updated information through your online account with Grey (at www.grey.com).
Such hardware or software requirements may change from time to time. We will post on www.grey.com, any changes in such requirements that may affect your access to electronic communications related to your Membership Account. You should periodically check for such posted information.
Paper Copies of Communications. There will be no paper copies made available.
Communications in Writing. All communications in electronic from us to you will be considered to be in writing. You should print or download a copy of this consent, these Terms and Conditions and any other electronic communication that is important to you for your records.
Electronic Signatures. You acknowledge that by clicking on the “Join Now” or similar button provided in connection with these Terms and Conditions, you are indicating your intent to sign up for electronic communications, and that such action shall constitute your signature.
US Federal Law. You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business and communicate with you by electronic means.
Membership Program Benefits
The Membership Program is a paid membership program that, subject to these Terms and Conditions and applicable law, provides members of the Membership Program (“Members”) to the following in store and online benefits:
- 25% savings on everything we offer online and in store.
- Exclusive access to 2 Designs of the Moment per month.
- Early access to new product launches.
- Price Guarantee – no price increase over the next year.
- No Limits – buy as much as you like.
From time to time, we may offer different membership terms, and the fees for such membership may vary.
Membership Program benefits are valid only at www.grey.com.
Any one-time discount and promotion code cannot be used or combined with any discount or other benefit offered under the Membership Program.
The Membership Program benefits cannot be used in conjunction with any coupons or with any corporate or prearranged group discounts, unless specifically stated otherwise in the applicable coupon or discount. This Membership Program is for individual consumers only and is not available to any company or corporate entity/enterprise. Without limiting the foregoing, the Membership Program benefits cannot be used in conjunction with employee discounts, preferred friends discount or corporate or institutional discounts. Grey may also offer certain existing or new programs, promotions, merchandise categories and other offers that are not eligible to be combined with Membership Program benefits.
Membership Program discounts cannot be used toward the purchase of gift cards, applicable fees for swatches, gift boxes, shipping and handling or toward applicable taxes.
Membership Program Terms and Conditions
You must be at least eighteen (18) years of age or older in the US and at least nineteen (19) years of age or older in certain provinces of Canada, depending on the age of majority in the place of your residence, to register for, join or use the Membership Program.
The fee for the Membership Program (the “Membership Fee”) is TWO HUNDRED NINETY-NINE Dollars (US $299.99) per year, plus any applicable taxes. Grey may, in its sole and absolute discretion, change the Membership Fee from year to year.
FOR RESIDENTS OF THE US, YOUR MEMBERSHIP ACCOUNT WILL RENEW AUTOMATICALLY EACH YEAR ON OR ABOUT THE ANNUAL ANNIVERSARY OF YOUR SIGN-UP DATE (UNLESS YOU CANCEL YOUR MEMBERSHIP). UNLESS YOU NOTIFY US BEFORE A MEMBERSHIP FEE CHARGE THAT YOU WISH TO CANCEL YOUR MEMBERSHIP ACCOUNT OR DO NOT WANT TO AUTO RENEW YOUR MEMBERSHIP ACCOUNT, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR MEMBERSHIP ACCOUNT WILL AUTOMATICALLY CONTINUE FOR ANOTHER YEAR AND YOU AUTHORIZE Grey (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT AND CHARGE THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY APPLICABLE TAXES, USING ANY CREDIT CARD Grey HAS ON RECORD FOR YOU. IF YOU WISH TO CANCEL YOUR MEMBERSHIP ACCOUNT, YOU MAY DO SO BY CANCELING IN YOUR ACCOUNT ONLINE, IN STORE OR BY EMAIL.
If you have opted-in to email reminders, or where notification of renewals is required by applicable law, we will send each member a renewal reminder at least thirty (30) days prior to the expiration of the then-current Membership term with instructions on how to cancel your membership account in order to avoid being charged for a subsequent year. You agree to provide Grey with alternate payment card information if the payment card Grey has on file for you is no longer valid or if you choose to use a different payment card.
ALL SALES OF THE MEMBERSHIP PROGRAM ARE FINAL.
Except as expressly set forth in these Terms and Conditions, paid Membership Fees are non-refundable. If you decide to cancel your Membership Account, your Membership Account will automatically expire at the end of your one (1) year Membership term.
You may not include your spouse/partner as an additional Member on your Membership Account. Each of you will need to purchase a separate membership.
You may join the Membership Program online or at any Grey Store.
For Membership Program benefits to apply to a particular purchase, the Membership Account must be active and available. Your Membership Account will become active at the time of joining the Membership Program and its benefits may be applied immediately to any purchase made after you become a Member. A Member may be eligible to receive retroactive Membership Program benefits for purchases made by the Member up to seven (7) days prior to enrolling in the Membership Program as a one-time courtesy, at Grey’s sole and absolute discretion. However, Members will not receive any retroactive benefits for purchases made after a Membership Account is terminated.
Enrollment and participation in the Membership Program is voluntary, optional and not required to complete any transaction or sale, including but not limited to any credit or debit card transaction.
Grey reserves the right, in its sole discretion, to exclude any individual(s) from the Membership Program or to terminate any Membership Account, for any reason, including, without limitation, abuse of the Membership Program, failure to follow these Terms and Conditions, or fraud, misrepresentation or other conduct detrimental to the interests of Grey. Any such exclusion or termination may affect eligibility for further participation in the Membership Program and/or any other Grey program.
The Membership Program makes available special discounts, savings and/or complimentary access (as applicable) with respect to certain goods and services, as expressly provided in these Terms and Conditions. Notwithstanding anything herein to the contrary, no services are made available pursuant to these Terms and Conditions; and services made available by Grey are made available subject to separate terms, and certain goods may be subject to separate terms as well.
Changes to Membership Program and these Terms and Conditions
Grey may, in its sole discretion, change any provision of these Terms and Conditions, including, without limitation, Membership Program benefits and fees, at any time and without liability. Grey may notify you of such changes by any reasonable means, including by posting revised Terms and Conditions on this page or on its website at grey.com, and to the extent required by applicable law in Canada, not less than thirty (30) days before such changes will become effective. To the extent required by applicable law in Canada, such notice will be sent to you at least thirty (30) days before the changes come into force, and will set out the new clause only (or the amended clause and the clause as it read formerly), the date of the coming into force of the changes and your rights to refuse the changes as set out below. If you do not agree to any changes, you may stop using your Membership Program benefits, and you may cancel your Membership without cost, penalty or cancellation indemnity, by sending us a notice to that effect no later than thirty (30) days after the changes come into force. Any such changes will not apply to any dispute between Grey and you arising prior to the date on which we posted the revised Terms and Conditions incorporating such changes or otherwise notified you of such changes. Any such change shall take effect immediately, unless otherwise provided by Grey or otherwise prohibited by law. You may view the current version of the Terms and Conditions at any time at the website set forth above. It is your responsibility to check or review the Terms and Conditions from time to time to keep informed of any changes. The “Last Updated” legend above indicates when these Terms and Conditions were last changed.
To the fullest extent permitted by applicable law, if you continue to use your Membership Account after we change these Term and Conditions, or if you do not cancel your Membership Account as described above, you will be indicating your acceptance of such changes. If any change to these Terms and Conditions is for any reason found invalid, void or unenforceable, such change is severable and will not affect the validity and enforceability of any remaining change or any other provision of these Terms and Conditions.
Accuracy of Information
We expect Members to submit and maintain accurate and current information in connection with their Membership Accounts. Such information includes name, address, email address and phone number. Members can change their Membership Account information by: (i) updating their Member profile data through an authenticated website account; (ii) requesting an update from a sales associate at any store. We are not responsible or liable for any correspondence (including any physical mail or email) that is lost, delayed or misdirected.
Marketing & E-Mail Communication
Unless you expressly opt-out, by joining the Membership Program you, to the extent permitted by applicable law, automatically subscribe to Grey’s marketing and e-mail exclusives and will receive, and agree to receive, promotional mail and emails from Grey. The foregoing applies to residents of the U.S. only and does not apply to residents of Canada. For residents of Canada, you will need to expressly opt-in to subscribe to and receive Grey’s marketing and email exclusives. Unsubscribing from Grey’s marketing and/or email exclusives will not discontinue your Membership Account. If you do not wish to receive future marketing and/or email exclusives, you can request that they be discontinued by updating your Member profile at grey.com. We will seek to implement your request within a reasonable time period. Please note that Members who unsubscribe from Grey’s marketing and/or email exclusives will continue to receive non-marketing emails, postal mail and other communications from Grey relating to the Membership Program.
DISCLAIMERS; LIMITATION OF LIABILITY
USE OF THE MEMBERSHIP PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP PROGRAM AND ITS BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Grey AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, “MEMBERSHIP PROGRAM PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROGRAM PROVIDERS MAKE NO WARRANTY THAT: (i) THE MEMBERSHIP PROGRAM WILL MEET YOUR REQUIREMENTS; (ii) THE MEMBERSHIP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE MEMBERSHIP PROGRAM WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MEMBERSHIP PROGRAM PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR MEMBERSHIP IN, YOUR PARTICIPATION IN, YOUR MEMBERSHIP IN AND/OR THE TERMINATION OF YOUR MEMBERSHIP IN, THE MEMBERSHIP PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MEMBERSHIP PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE MEMBERSHIP PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEMBERSHIP PROGRAM DATA; OR (IV) ANY OTHER MATTER RELATING TO THE MEMBERSHIP PROGRAM. THE MAXIMUM COLLECTIVE LIABILITY OF THE MEMBERSHIP PROGRAM PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE GREATER OF (1) THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO THE MEMBERSHIP PROGRAM PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE MEMBERSHIP PROGRAM IN THE PREVIOUS TWELVE (12) MONTHS; AND (2) TWO HUNDRED NINETY NINE U.S. DOLLARS ($299.99). EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS MAY BE PROHIBITED BY LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE MEMBERSHIP PROGRAM PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS AND THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE QUEBEC CONSUMER PROTECTION ACT, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
We may terminate or decline to renew your Membership Account at our reasonable discretion, including if we suspect that you have breached any provision of these Terms and Conditions, and as otherwise provided herein. No failure to insist upon or enforce strict compliance with these Terms and Conditions will constitute a waiver of any provision hereof or any of our rights.
Governing Law: Arbitration
Subject to applicable law, these Terms and Conditions are governed by the laws of the United States (including the Federal Arbitration Act and other federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
As between you and Grey, all Membership Program materials, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) is the exclusive property of Grey, and is protected by United States and international copyright and other intellectual property laws. Unless otherwise indicated on a particular part of the Membership Program materials, you are granted permission solely to electronically copy and print portions of the Membership Program materials for the sole purpose of using the Membership Program materials for your personal, non-commercial use, subject to these Terms and Conditions. Any other use of any Membership Program materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of Grey is strictly prohibited.