Terms of service

Effective Date: April 20, 2022

 Bandier Corp. (“Bandier”) is pleased to provide our website (www.bandier.com) (the “Site”) as a service to our customers.  Please review the following terms which govern your use of the Site (the “Agreement”). 

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT.  WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE.  FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.


1. Site Transactions


In an effort to allow fairness for all Bandier customers, limited and/or special release products, as well as all footwear will be restricted to 1 unit per size. Please note that multiple orders submitted under the same address will be canceled. Abusive behavior will not be tolerated. Should this pattern continue, your account may be subject to review, and possible termination, by our Fraud Analysis team. Please feel free to reach out to our Customer Service team if you feel as though your order was cancelled in error. Some situations that may result in your order being canceled include, but are not limited to: fraudulent card activity, use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse.

 

2. Right to Change Site


We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

 

3. Site Content


Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips, product names, and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled or licensed by Bandier.

The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.

Unless otherwise specified, the Site and the Content are intended to promote our products and services. The Site is controlled and operated by Bandier from its offices located in the State of New York.

 

4. Product Description


We provide the most accurate information on the Site as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free.

 

The Bandier products described on the Site may not be available in your region.  Bandier does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.

 

5.  Discount Codes and Promotions

 

Discount codes can be entered at checkout and cannot be combined with other offers or loyalty points. Promotions are valid only during the time specified and are not applicable to prior purchases. Additionally, we do not honor price adjustments on prior purchases during promotions.

Loyalty points can not be used on Herskind, The Color Stack, LØCI, Andie Swim, STAKT, WE-AR4, Saisei, Matcha McEntea, Colors In Optics, Phoebe Harrison, Majestic Filatures, Vela Bikes, Chillhouse, Áwet New York, Jill & Ally, Alp N Rock, CUTS, Ten Thousand, Onia, Fenix Sportier, Craft, P448, Footwear or Gift Cards. Any points not used after 1 year will expire.

Other exclusions and usage limits may apply.


6. Registration Obligations


You may be required to register with Bandier in order to access and use the Site. In doing so, you agree to provide and maintain true, accurate, and complete information about yourself. If you are under 13 years of age, you may not use or register to use the Site. If you are under the age of majority in the applicable jurisdiction, you may only use or register to use the Site with the consent of your parent or guardian.

 

7. Account Access and Security


You are responsible for the confidentiality and use of your account, including your username(s) and password(s). You agree not to hold Bandier liable for any damages of any kind resulting from your decision to disclose your username(s) or password(s) to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy or advisor. If you inform Bandier or Bandier has reason to believe that the security of your account may be or has been compromised, we have the right to suspend or terminate your use of the Site.

 

You agree to immediately notify Bandier if you become aware of any loss or theft of your username(s) or password(s), or any unauthorized use of your username(s) or password(s), or of the Site.

 

8. Personal Information Submitted Through the Site


Your submission of personal information through the Site is governed by our Privacy Policy, which can be found here .  This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

 

9. Consent to Electronic Communications and Opting Out


You consent to the receipt of electronic mail from Bandier. You may opt out of future emails about products or services by following instructions contained in an email that you receive from us.  We reserve the right, however, to email you important information relating to your account.

By consenting to Bandier’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply 

For any questions, please text HELP to the number you received the messages from. You can also contact us for more information. 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

 

If you are a resident or national of the European Economic Area (EEA) and would like to exercise your individual data subject access rights, please contact us at help@bandier.com.  For more information about these rights, please visit our Privacy Policy. 

 

10. Errors, Inaccuracies, and Omissions


Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order) with the contract of sale.

 

11. User Comments, Feedback, and Other Submissions


We ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (e.g., customer reviews) or without a request from us you send content, comments, feedback, suggestions, questions or other communications, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Bandier may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Bandier.  Bandier is and shall be under no obligation:

 

(1) to maintain any Comments in confidence;

(2) to pay compensation for any Comments; or

(3) to respond to any Comments.

 

Bandier has the right but not the obligation to monitor and revise or remove any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Bandier or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Bandier takes no responsibility and assumes no liability for any Comments posted by you or any third party.

 

12. Online Conduct


The Site is intended to be used only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, indecent, scandalous, profane, bigoted or hateful, libelous, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of "hacking," "cracking," "spoofing," or disabling or defacing any portion of the Site.

 

If Bandier is notified of allegedly defamatory, damaging, illegal, or offensive Content provided by a user, Bandier may investigate the allegation and determine, at its sole discretion, whether to remove or request the removal of such content from the Site. Bandier may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Bandier, its users or third-party service providers.

 

Bandier reserves the right to prohibit conduct, communication, or content that it deems, in its sole discretion, to be harmful to individual users or Bandier, any rights of Bandier or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Bandier nor its providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Bandier, nor its affiliates, nor any of their officers, directors, employees, or agents, nor providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Site.

 

Bandier may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that Bandier, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or Bandier.

 

13. Prohibited Material


You may not post or transmit through the Site: advertising or commercial solicitations; promotional materials relating to websites or online services which are competitive with Bandier and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content; or posts that express or imply that any statements you make are endorsed by Bandier. Additionally, you may not harvest or collect information about Site visitors without their express consent.

 

14. Monitoring


Bandier or its representatives have the right, but not the obligation, to monitor the Content of the Site to determine compliance with this Agreement. We retain our right to and with our sole discretion, edit, refuse to post or remove any material that we find to be in violation of these conditions or that is otherwise objectionable or offensive. This same discretion applies to our right of disclosure of any material submitted to the Site and circumstances surrounding their submission to any third party in order to operate the Site properly and to protect our sponsors, our visitors, and ourselves and to comply with our legal obligations and government requests.

 

15. Third Party Sites


The Site may contain links to other websites. If you link to another website, you will leave the Site and this Agreement will not apply to your use of, and activities on, those other websites. We encourage you to read the legal notices posted on those other websites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, those websites.

 

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

 

16. Refer A Friend Program


The following additional terms and conditions apply to Bandier's Refer-a-Friend program:

 

  • Qualified Referral. A Qualified Referral is defined as a purchase made at the Site by a person (a “Referred Customer”) who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

 

  • Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must be a new customer to the Site. The Referred Customer purchase must be greater than or equal to $100 to use the $25 referral coupon code. Only one code per order.

 

  • Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than or equal to $100 in total value, minus all fees including taxes, shipping, returns, chargebacks, fraudulent payments, and/or other third-party fees. The Referrer may only use one $25 code per order. Referral rewards are not able to be combined with any other promotional codes, loyalty points, or special sales.

 

  • Eligibility.  Eligibility is limited to individuals only. Bandier’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation.

 

  • No Spam.  You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Bandier’s Refer-a-Friend program.

 

  • Right to Close Accounts. Bandier reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Bandier Refer-a-Friend program in a questionable manner, breaches any of these terms and conditions, or is in violation of any law, statute or governmental regulation.

 

  • Right to Cancel Program or Change Terms. Bandier reserves the right to cancel the Refer-a-Friend Program or to change these terms and conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

 

17. ADA Compliance

Bandier Corp (“Bandier”) is committed to providing a website that is accessible to the widest possible audience in accordance with ADA standards and WCAG guidelines. We are actively working to increase accessibility and usability of our website to everyone.  Bandier is committed to providing a positive experience to all of our customers and employees, and we strive to promote accessibility and inclusion. Whether you are using assistive technologies like a screen reader, a magnifier, voice recognition software, or captions for videos, our goal is to make your visit to Bandier's website a successful and enjoyable experience.

If you are using a screen reader or other auxiliary aid or are having difficulty using or accessing any element of this website, please feel free to email us at accessibility@bandier.com. We will work with you to provide the information or service you seek through a communication method that is accessible for you consistent with applicable law (for example, through telephone support).  Many products available for purchase on this website can be purchased through our Store Associates.  If you have a question about a product, or if you would like to place an order with a Store Associate, please email accessibility@bandier.com and a Customer Service Agent will  arrange for a Store Associate to contact you. This service is available Monday to Friday, from 10 am to 6 pm EST. If your email is received after working hours, a Customer Service Associate will contact you on the next business day.  Please note: If you place an order via the website or through one of our Customer Service Associates and are doing so after daily order processing has ended or on the weekend, your order will be processed the following day.  

Bandier is currently taking a variety of steps and devoting resources to further enhance the accessibility of our website.  We have engaged an experienced accessibility consultant, Tomorrow Agency, to conduct website accessibility audits and provide recommendations to increase accessibility so that our website meets or exceeds applicable standards.  We are training our employees and agents who develop our website on accessibility compliance; regularly checking the accessibility of our website; and we regularly test the user accessibility of our website by blind or vision-impaired persons to ensure that website is accessible. We are proud of the efforts that are in-progress to ensure that our website is accessible to everyone. We view accessibility as an ongoing effort and are continually seeking solutions that will bring all areas of our website to overall web accessibility.

 

18. International Use


We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.

 

Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.

 

19. Indemnification


You agree to defend, indemnify, and hold harmless Bandier, its affiliates, third-party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of this Agreement by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim. You shall not settle any claim that affects Bandier without our prior written approval.

 

20. Disclaimer


TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE IS PROVIDED BY BANDIER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BANDIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BANDIER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. 

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BANDIER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BANDIER, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, INFORMATION OR OTHER MATERIALS LOCATED ON THE SITE.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT BANDIER IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM BANDIER SHALL CREATE ANY WARRANTY ON BEHALF OF BANDIER IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

 

TO THE EXTENT APPLICABLE, NOTHING SET FORTH IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

 

21. Limitation of Liability


TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BANDIER OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BANDIER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL BANDIER BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

 

Nothing in the Agreement removes or limits Bandier’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its gross negligence, and, if required by applicable law, negligence.  Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

 

22. Severability


The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

23. Personal Jurisdiction, Forum Selection and Legal Compliance


You acknowledge and agree that we make no representation that the Site is governed by or operated in accordance with the laws of other nations, or that the Site (or any portion thereof) is appropriate or available for use in any particular jurisdiction. Users who elect to access the Site, acknowledge and agree that they do so on their sole initiative and at their sole risk, and are solely responsible for complying with all local laws, rules and regulations. By using this Site, users from outside of the United States of America acknowledge this Site is subject to the laws and regulations of the United States of America and the State of New York and waive any claims that may arise under other laws. This Agreement shall be governed solely by, and construed in accordance with New York law, notwithstanding conflict of laws provisions. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New York and venue shall lie in New York County and, by using the Site, you hereby submit to the personal jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

 

24. Class Action Waiver


WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND BANDIER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Bandier agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

 

25. Contact Us


If you have any questions concerning the Site or this Agreement, please contact us using the link below to submit a request.

Contact Us


For Afterpay, please see the following Privacy Policy and Purchase Payment Agreement.