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Terms & Conditions

Updated

If you live in the United States of America (“U.S.”), the following Terms and Conditions apply to you: 

  • SSENSE General U.S.A. Terms and Conditions

Last updated: May 24, 2023

This SSENSE website is published by Atallah Group US Inc. d.b.a. SSENSE, a Delaware Corporation, with offices at 100 Crosby Street, suite 306, New York, NY, 10012, USA (“we” or “SSENSE”).

1. Acceptance of Terms.

1.1 Overview.  The following terms and conditions (these “Terms”) govern all use by U.S. users or visitors of: (i) the SSENSE website, https://www.ssense.com, (the “Website”) or mobile application (the “App”); (ii) any and all services or communications available on or through the Website, App, or otherwise provided by SSENSE, including in connection with: (a) e-commerce; and (b) accessing or viewing materials online, for example, editorial articles and newsletters; and (iii) any other engagement with SSENSE online and offline, such as when you call our customer care center (collectively, the “Services”).  The Services are owned and operated by SSENSE and any reference to the “Services” herein includes a reference to any part or component of the Services.  Please note that the Privacy Policy, Return Policy, Payment Information Policy, Price Protection Policy & Promotions, Product Information Policy and FAQs provide additional terms governing the purchase of products through the Services, and are incorporated in these Terms by reference .

SSENSE provides the Services for your personal use.  By using the Services, you agree to these Terms.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR YOUR PERSONAL INFORMATION TO BE PROCESSED IN ACCORDANCE WITH OUR PRIVACY POLICY (INCLUDING ALL ADDITIONAL TERMS), THEN DO NOT USE THE SERVICES.

1.2 Modification.  SSENSE reserves the right to modify or change any of these Terms at any time with prior notice to you where required by law.  Please check back periodically to ensure you are aware of any updates or changes.  You can determine when the Terms were last updated by checking the “last updated” date displayed at the top of these Terms. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.  If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

 

SERVICES CONDITIONS

2. Your Use of the Services.

2.1 The Services.  You agree to use the Services, including all features associated therewith, in accordance with (i) these Terms; and (ii) all applicable laws, rules and regulations, or other restrictions on the use of the Services or content therein. You are solely responsible for your interaction with other users of the Services. 

2.2 Modifications / Suspension of Services.  SSENSE reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services or your access to the Services for any reason or no reason with or without notice.  You agree that SSENSE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

3. Registered Users.

You are not obligated to register with us in order to access the Services.  However, certain sections and features of the Services are available only to visitors of the Services who have registered with a username and password (“Registered Users”).  You agree you will not sell, transfer, license, or assign your account, credentials, or any account rights.  You may only have one active Registered User account on the Services and only you may use your credentials to access the Services. You agree that you are responsible for all activities that occur under your Registered User account. 

As a Registered User, you are responsible for keeping your password secret and secure.  You also agree to promptly notify us if you become aware of any unauthorized use of your credentials, or any other breach of security involving or relating to the Services by emailing us at customercare@ssense.com.  Without prejudice to our rights, we may suspend or terminate your access to the Services if you fail to comply with this section. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

 

4. Trademark Information.

All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are trademarks of SSENSE or its licensors or suppliers (collectively, the “Trademarks”).  The Trademarks may not be used to disparage or discredit SSENSE, any third party of SSENSE’s or any third party products or services, or in any manner (in SSENSE’s sole judgment) that may damage any goodwill in the Trademarks or may cause confusion.

 

5. Site Content. 

5.1 Ownership of Site Content.  You agree that all material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by SSENSE in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws.  SSENSE may own the Site Content or portions of the Site Content may be made available to SSENSE through arrangements with third parties.

5.2 Your Use of Site Content.  SSENSE grants you a personal, non-exclusive, non-transferable, revocable, limited license, strictly to do the following: to view; reproduce; print; cache; store; and distribute Site Content via a generally available consumer web browser.  The foregoing license is granted on the condition that you comply with these Terms and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on Site Content.  You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms, or for any commercial purpose whatsoever, without the prior written permission of SSENSE or the copyright holder identified in the relevant copyright notice.  Any rights not expressly granted herein are reserved.

 

6. Copyright Assignment and Transfer of User Content.

 User hereby irrevocably and unconditionally assigns, conveys, delivers and transfers to SSENSE (i) all of User's  right, title, and interest in and to all Intellectual Property for all posted content, including product reviews, comments or suggestions, photographs, illustrations, artwork, videos,  communications and/or other materials uploaded by User to Website (“User Content”); (ii) all of User's rights to benefits, priority rights, privileges, causes of action, common law rights, moral rights, and remedies relating thereto throughout the world, including, without limitation, all rights to (A) apply for and maintain all applications, registrations, renewals and extensions thereof, (B) sue, claim and recover for past, present and future infringement, misappropriation, or other violations of any Intellectual Property rights in any User Content, and (C) commercialize, exploit, or grant licenses or other interests thereto. For purposes of this Assignment, “Intellectual Property” shall mean any and all works of authorship, copyrights, moral rights, inventions, developments, concepts, improvements, designs, discoveries, know-how, ideas, software, trade secrets and compositions of matter and trade secrets (whether or not protectable under trade secrets law, patentable or registrable under patent, copyright or similar laws),  patent rights, and any other intellectual property rights anywhere in the world and all goodwill associated with any of the foregoing and/or share it with other users.   User represents and warrants that any User Content posted by you, is owned exclusively by you and that (i) you have all necessary rights to post such User Content via our Services, including the right to assign the Intellectual Property rights in such User Content to SSense and (ii) any User Content you post, publish, display or transmit to others via our Services complies with applicable law. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms. User acknowledges that it is not entitled to receive any compensation for the User Content.

 

7. Third Party Links.

The Services may contain hyperlinks to sites, services or platforms owned or operated by third parties. These links are provided for your convenience only. Your use of third party links is subject to the terms of use and privacy policies applicable to those sites, services, or platforms.

 

8. Restricted Conduct.

Except as otherwise expressly authorized in these Terms, you agree not to do or attempt to do any of the following:

  • Use the Services to post, upload, share, transmit, distribute, facilitate distribution or otherwise make available any unlawful, infringing, harmful, harassing, defamatory, derogatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising, or collecting personal information from other users of the Services;
  • Impersonate any person or entity, including without limitation any representative of SSENSE; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that SSENSE endorses any statement you make;
  • Disseminate any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment via or using the Services;
  • Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods on or via the Services;
  • Interfere with or disrupt the operation of the Services or others’ use of the Services in any way (including without limitation by hacking or defacing any portion of the Services);
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or reproduce, duplicate, sublicense, copy, sell, resell, distribute, assign, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
  • Merge the Services or Site Content with another program or create derivative works based on the Services or Site Content;
  • Remove any copyright, trademark, or other proprietary rights notice from the Services or Site Content originating from the Services;
  • Violate any applicable laws or regulations; 
  • Engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully using the Services, or that could damage, disable, overburden, impair or otherwise negatively affect the functionality of the Services or SSENSE’s network or computer systems; or
  • Assist, permit or encourage any person in engaging or to engage in any of the activities described above.

 

9. Indemnity.

You agree to defend, indemnify and hold SSENSE and its respective affiliates, licensors, officers, directors, employees, agents, and representatives, harmless from any and all losses, costs, expenses or damage of any nature whatsoever, including, without limitation attorneys’ fees and court costs, arising from any claim, cause of action, demand or suit by any third party, related to or arising out of your use of the Services or violation of these Terms.  SSENSE reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting SSENSE’s defense of such matter.

 

10. Termination. 

10.1 Termination of Your Use of the Services.  SSENSE may terminate or block your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services.  You agree that any termination of your use the Services may be effected without prior notice.  Further, you agree that SSENSE shall not be liable to you or any third party for any termination of your use or otherwise access to the Services. 

10.2 Survival After Termination.  The following provisions of these Terms shall survive termination of your right to use the Services: Section 4 (Trademark Information); Section 5 (Site Content); Section 6 (User Content);  Section 9 (Indemnity);  Section 11 (Disclaimers);  Section 12 (Limitation of Liability regarding Services);  Section 13 (Release); Section 17 (Limitation of Liability regarding Purchases) and Section 22 (Dispute Resolution).  Additionally, any other provisions (or part of a provision) of these Terms that by their nature should survive termination of your right to use the Services shall also survive.

 

11. Disclaimers.

11.1 Services Warranties. THE SERVICES AND ALL SITE CONTENT, OR ANY OTHER FEATURE, CONTENT OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.  SSENSE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

SSENSE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  SSENSE MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.  SSENSE IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, ARTICLE, BLOG POST, NEWSLETTER, OR THE LIKE.

YOU ACKNOWLEDGE THAT SSENSE HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF, THE TRUTH OR ACCURACY OF ANY USER CONTENT, OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION.  THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11.2 Publications: The opinions expressed in our published works are those of the author(s) and do not reflect the opinions of Atallah Group US Inc. (referred to as SSENSE) and any of its affiliates. They are neither a legal interpretation nor a statement of any SSENSE policy as the case may be. Neither SSENSE nor the authors guarantee the accuracy or completeness of any information contained in any publication and neither SSENSE or its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, with regard to the content, accuracy or sufficiency of the information contained in any publications. No part of any published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of SSENSE and/or the publisher. All rights reserved.  

 

12. Limitation of Liability regarding Services.

WHERE PERMITTED BY LAW, SSENSE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SSENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (II) ANY MATTERS BEYOND SSENSE’S REASONABLE CONTROL.  WITH RESPECT TO USER CONTENT OR STATEMENTS, SSENSE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT OF ANY OTHER USER OF THE SERVICES.  IN ADDITION, SSENSE IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND SSENSE HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER.  THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

13. Release.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SSENSE AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE.  RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

 

PURCHASE CONDITIONS

14. Purchases

14.1 Availability. All orders are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to refund any monies that you might have paid.

14.2 Payment. The price of products shall be the one quoted on our Website or App, except where there is an error. If we discover an error in the price of any product(s) you have ordered, we may cancel the order and you will receive a full refund. The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time and are calculated based on the location you are shopping from. All prices are in USD or as otherwise specified on the Services. 

14.3 Legal Title. You will own the goods purchased, once we deliver them to you, at which point responsibility for your goods passes to you.

14.4 Shipping. 

14.4.1 Upon completing your order, an e-mail confirmation will be sent to your address on file. This e-mail will serve as an invoice and includes your order number. A standard processing time of up to two (2) business days is required before your order is shipped. Orders placed after 11:00 AM (Eastern Time) may be processed the next business day, and orders placed on weekends and holidays will be processed the following business day starting at 8:00 AM (Eastern Time). During peak periods, processing times may exceed 2 business days. Once your order has been shipped, you will receive an e-mail with your shipment’s tracking information, allowing you to keep tabs on the progress of your delivery.

14.3.2 By placing an order, you acknowledge that this sale occurs outside the U.S., and that you are importing your order for non-commercial (personal) use. You also acknowledge that you will be listed as the importer for U.S. Customs and Border Protection purposes and that your order will be imported into the U.S. in accordance with the necessary customs requirements. Your order indicates your agreement to authorize SSENSE to appoint a designated carrier/customs broker, where applicable, as your unpaid agent for customs purposes by executing a power of attorney applicable to a single non-commercial shipment. Your order serves as an electronic signature indicating your agreement to the following, as required by US Customs and Border Protection:

“The designated carrier/customs broker is hereby authorized to execute, as an unpaid agent who has knowledge of the facts, pursuant to the provisions of section 485(f), Tariff Act of 1930, as amended, the consignee’s and owner’s declarations provided for in section 485 (a) and (d), Tariff Act of 1930, as amended, and to enter on my behalf or for my account the goods described in the attached invoice which contains a true and complete statement of the facts concerning the shipment.”

Your authorization permits the carrier/customs broker to file on your behalf: (i) an administrative entry under section 321 of the Tariff Act of 1930, if eligible (see below); (ii) an informal entry pursuant to section 143.21 of the Customs Regulations, if eligible; or (iii) the customs formal entry on your behalf for any order that is over $2,500, or otherwise requires formal entry.  You are responsible for any U.S. duties and taxes that may be due under U.S. law. Shipments to the U.S. of goods that are valued at US$800 or less may be imported without the payment of duties and taxes subject to certain restrictions, pursuant to section 321 of the U.S. Tariff Act of 1930 ("Section 321"). These restrictions include the following:  (1) a single contract or order addressed to a same individual that exceeds US$800, cannot be split into more than one shipment to avoid the payment of duties and taxes; (2) individual orders addressed to a same individual that are consolidated by the shipper or carrier on a single bill of lading (“B/L”) or air waybill (“AWB”) will be treated as a single shipment and will not be entitled to Section 321 treatment if the total value exceeds US$800; and (3) if there are individual B/Ls or AWBs, the shipment will qualify unless there are several B/Ls or AWBs addressed to a same individual with shipment on the same day and the total value of these shipments is over US$800, in which case U.S. Customs and Border Protection will treat them as a single shipment. All goods purchased from SSENSE should be imported into the U.S. without the payment of duties and taxes pursuant to Section 321, only when Section 321 is applicable. Our express carriers have been instructed to apply Section 321 only where applicable.

 

15. Returns.
All returns are subject to SSENSE’s Return Policy, available here.

16. Product Warranty and Return Disclaimer.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR DISCLAIMER OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OR ALL OF THE BELOW DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. CERTAIN PRODUCTS SOLD OR DISTRIBUTED BY SSENSE MAY HAVE WARRANTIES THAT APPLY TO THEM. THESE WARRANTIES ARE PROVIDED BY THE MANUFACTURER OF THESE PRODUCTS AND NOT BY SSENSE OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SSENSE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER ARISING FROM APPLICABLE STATUTES OR OTHERWISE), RELATING TO ANY PRODUCTS SOLD OR DISTRIBUTED BY SSENSE.

 

17. Limitation of Liability regarding Purchases.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. ACCORDINGLY, SOME OR ALL OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SSENSE OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (COLLECTIVELY, "DAMAGES") ARISING FROM OR IN ANY WAY RELATED TO (I) THE RETURN OF A PRODUCT PURCHASED FROM SSENSE IN A MANNER THAT IS CONTRARY TO THE SSENSE RETURN POLICY AND/OR THE SHIPPING TERMS AND CONDITIONS OF THE APPLICABLE CARRIER, INCLUDING, WITHOUT LIMITATION, FAILURE TO SHIP IN ACCORDANCE WITH THE SHIPPING LABEL, AND/OR THE SHIPPING, HANDLING AND PACKAGING INSTRUCTIONS PROVIDED BY SSENSE OR THE APPLICABLE CARRIER; AND (II) ANY PRODUCT SOLD OR DISTRIBUTED BY SSENSE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, PRODUCT LIABILITY AND NEGLIGENCE WITH RESPECT TO ANY REPRESENTATIONS MADE BY SSENSE REGARDING ANY PRODUCT SOLD OR DISTRIBUTED BY SSENSE, ANY DUTY TO PROPERLY TEST OR INSPECT SUCH PRODUCT, OR ANY FAILURE TO WARN OF THE SAFETY RISKS PERTAINING TO SUCH PRODUCT), CIVIL LIABILITY, STRICT LIABILITY, BREACH OF STATUTE (INCLUDING, WITHOUT LIMITATION, APPLICABLE STATUTES), OR OTHERWISE. THESE DAMAGES INCLUDE, WITHOUT LIMITATION, LOSS ARISING FROM DEATH OR PERSONAL INJURY, PROPERTY LOSS, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS AND LOST BUSINESS, DATA OR SALES, EVEN IF SSENSE OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SSENSE'S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT TO WHICH THE ALLEGED DAMAGES RELATE.

 

GENERAL

 

18. Personal Data.
SSENSE's activity entails the processing of personal data in accordance with our U.S. Privacy Policy available here.


19. Cookies.
This Website uses cookies. For more details about our use of cookies and other tracking technology, please read our Cookies Notice available here.

20. Minors.
20.1 Permission. If you are under the age of 18, you should not use our Services, register on this Website or otherwise provide any data without the permission of your parent or guardian. If you use our Website or any of our Services, we will assume, and you confirm, that you are 18 years of age or older or that you have the permission of your parent or guardian. You may not use this Website if you are under the age of 18.
20.2 Supervision. If you are the parent or guardian of a child under the age of 18, you should carefully supervise your child’s use of the Services on our Website. It is the responsibility of parents or guardians, and not SSENSE, to determine whether any part of this Site or any site linked to from this Website is appropriate for their children.

 

21. Choice of Law.

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to principles of conflicts of laws. 

 

22. Dispute Resolution.

22.1 Initial Dispute Resolution. To give us an opportunity to informally resolve any disputes, claim or controversy between you and us arising out of or relating to your use of the Services and these Terms, including our U.S. Privacy Policy (“Disputes”), you agree to first communicate your Dispute to us at customercare@ssense.com. Most concerns can be quickly resolved in this manner, and you agree not to bring any lawsuit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Dispute to customer care have elapsed. The parties shall use their best efforts to settle your Dispute directly through consultation and good faith negotiations, which shall be a precondition to initiating a lawsuit or arbitration. If we are unable to resolve your Dispute within 60 days, you may seek relief through arbitration or in small claims court as set forth below.  Any action to enjoin the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights shall not be subject to the requirements of this Initial Dispute Resolution paragraph.

22.2 Arbitration.  If the parties do not reach an agreed upon solution pursuant to the procedures outlined in the paragraph above, you and SSENSE each agree that any Dispute will be settled by binding arbitration, except that you and SSENSE each retain the right to bring an individual action in small claims court, the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s respective intellectual property rights, and the right to seek public injunctive relief in a court of competent jurisdiction.  Any such small claims matter shall be brought in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to the exclusive personal jurisdiction and venue in such courts. 

22.3 Scope of Arbitration.  The arbitrator shall exclusively determine all issues as to the Dispute. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration, and the enforceability or interpretation of this Dispute Resolution Section.

22.4 Class Action Waiver; Individual Arbitration.  You and SSENSE each waive the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.  Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.  Further, unless both you and SSENSE otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void.  Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of this Agreement.

22.5 Arbitration Rules.  The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section.  (The AAA Rules are available www.adr.org)  If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with this Agreement, you and SSENSE will pick another arbitrator pursuant to 9 U.S. Code § 5.

22.6 Arbitration Procedure and Location.  If the value of the Dispute does not exceed 10,000 United States Dollars (“USD”), then the arbitration will be conducted solely on the basis of documents you and SSENSE submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary, in which case, such hearing shall be conducted by telephone, unless you and SSENSE agree otherwise.  If the value of the Dispute exceeds 10,000 USD, your right to a hearing will be determined by the AAA Rules.  Any in-person arbitration hearing shall be conducted in New York County, New York unless you and SSENSE agree otherwise.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.

22.7 Arbitrator’s Decision.  The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator bases any award.  Any award in arbitration shall determine the rights and obligations between the named parties only.  The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except that the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

 

23. Contact Information

If you have any questions about these Terms, or if you have technical questions about the operation of the Services, please contact us via customercare@ssense.com.  Please do not include any sensitive information in your correspondence as emails may not be encrypted.

 

SSENSE+ Terms and Conditions  (“SSENSE + Terms”)

 

Last updated: September 4, 2023

 

Membership and Eligibility 

 

The SSENSE+ program (“SSENSE+” or “Program”) is a free program offered by Groupe Atallah Inc. d/b/a SSENSE (“SSENSE”) to its members. By creating an account with SSENSE, you automatically consent to participating in SSENSE+ and accept SSENSE’s Terms and Conditions and Privacy Policy (for Canadian members found online at: https://www.ssense.com/en-ca/terms-conditions and https://www.ssense.com/en-ca/privacy-policy; for USA members found online at: https://www.ssense.com/en-us/terms-conditions and https://www.ssense.com/en-us/privacy-policy; for European members found online at: https://www.ssense.com/en-gb/terms-conditions and  https://www.ssense.com/en-gb/privacy-policy; for Japanese members found online at: https://www.ssense.com/ja-jp/terms-conditions and https://www.ssense.com/ja-jp/privacy-policy and for the rest of the members found online at: https://www.ssense.com/en-ca/terms-conditions and https://www.ssense.com/en-ca/privacy-policy). 

 

As an SSENSE + member, you will have the ability to receive points through eligible purchases during the course of the Program Year (defined below). Based on the number of points accumulated in a given cycle, you will have the ability to unlock different levels of services.  

 

Membership in SSENSE+ is limited only to individuals and to one account per individual. As a member of SSENSE+, you will be eligible to receive points on purchases made on the SSENSE website, the SSENSE App, at SSENSE MONTRÉAL, or on purchases placed over the phone. SSENSE+ services will be unlocked according to the Points (defined below) . To be eligible, you must have reached the age of majority in your jurisdiction or obtained consent from your parents or legal guardians prior to creating an SSENSE account. By using SSENSE+, eligible minors confirm that they have obtained such consent. SSENSE+ may not be used for any business or commercial purpose, and we may refuse to create an account for any reason. Employees of SSENSE, business partners and vendors and individuals employed by our business partners or vendors are not eligible. 

 

You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Website. 

 

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN SSENSE+ CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU  (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) AGREE TO BE BOUND BY THE SSENSE+ TERMS DESCRIBED HEREIN, ALL TERMS INCORPORATED BY REFERENCE AND BY ANY CHANGES OR MODIFICATIONS WE MAY MAKE AS SSENSE+ TERMS WILL VARY FROM TIME TO TIME AT OUR SOLE DISCRETION. 



Points 

 

For your purchase to qualify for SSENSE+ points (“Points”), you need to have created an account with your email address or must be signed in to your SSENSE account at the time of purchase for purchases made on the SSENSE website or the SSENSE App, and you must have your account information on hand for purchases made in-store or over the phone. 

 

Points are received with each eligible purchase (“Eligible Purchase”) made. Your purchase becomes an Eligible Purchase when the contents of your purchase are shipped to an address located in Canada (“Eligible Territory”).

 

Eligible Purchases include regular-priced merchandise or merchandise on markdown. Applicable taxes, shipping and delivery charges, and/or other excluded charges specified by us from time to time are excluded from the computation of Points. Returned and/or canceled orders will not lead you to receive points. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or canceled or if the Points are obtained through fraudulent or other activity that violates SSENSE+ Terms. Points are received 35 days following the purchase date. 

 

Points are received in accordance with the following conversion table: 

 

Currency  SSENSE+ Points
$1 CAD 1 Point
$1 USD 1 Point
£1 GBP 1 Point
1 EUR 1 Point
¥1000 JPY  5 Points
$10 AUD 5 Points
$100 HKD 15 Points

 

 

For example, if you spend $1,000 CAD in Canada (taxes and any other charges excluded), you will receive 1,000 Points and you will be automatically eligible for Level 1, if your Eligible Purchases have not been returned or canceled within the 35-day pending period. 

 

Point conversion rates are based on the exchange rate between the currencies displayed by the shipping region and USD. Point conversion rates can be updated at any time at our sole discretion. 

 

Points are accumulated during the Program Year. They will reset at the beginning of each subsequent Program Year and will expire at the beginning of each subsequent Program Year. A member’s Program Year remains fixed over time. Once a Level is unlocked, you will maintain your status until the end of the current Program Year and for the following Program Year. If by the end of the following Program Year, you have not accumulated enough Points to maintain your Level, your Level will be adjusted. We may offer you bonus points promotions from time to time. Separate terms and conditions will apply to each bonus points promotion.

 

The sale, barter, transfer, or assignment of any benefits offered through SSENSE+, other than by us, is expressly prohibited. 

 

In addition, Points will automatically expire if SSENSE revokes or you cancel  your membership. 

If you have questions regarding your Points or if you feel your Points have expired in error, please contact Customer Care for assistance [customercare@ssense.com]. 

 

SSENSE+ Services 

 

General information 

 

Points are accumulated through the Eligible Purchases (defined herein). Your Level of spend on orders shipping to your location during a fixed period of time of 12 months starting 35 days after your first purchase following the launch of SSENSE+ (“Program Year”) determines your tier level (“Level”). 

 

For example, if you made your first SSENSE+ purchase on October 1, 2022, your Program Year will start on November 5, 2022, and end on November 4, 2023.

 

There are four Levels of membership in SSENSE+ associated with its respective services (“SSENSE+ Services”): 

 

  • The first Level is at 1,000 Points (“Level 1”) 
  • The second Level is at 2,000 Points (“Level 2”) 
  • The third Level is at 5,000 Points (“Level 3”), and 
  • The last Level is PS, which is by invitation only (“Personal Shopping” or “PS”).

 

SSENSE+ Services can only be used in Canada, with the exception of Personal Shopping, which is not limited to Canada. These services may vary by Level, as may be decided by SSENSE in its sole discretion from time to time. The type, timing, and availability of any SSENSE+ Services will be determined by SSENSE in its sole discretion. Subject to the foregoing, you may use one or all of the SSENSE+ Services associated with your Level at any time and as often as you want, subject to certain services that are only available during a specific period of time due to their temporary nature, such as SSENSE+ exclusive content, Private Sale and VIP Private Sale, and other promotional offers. You are not required to use your SSENSE+ Services. 

 

SSENSE+ Services and Points received through SSENSE+ have no cash value, are non-transferable, cannot be exchanged, shared, or combined, and you have no property rights in or to SSENSE+ Points and Services. You may not sell or resell any of the SSENSE+ Services and Points that you receive from SSENSE. Points cannot be used as payment. 

 

SSENSE+ Services are for personal use only. SSENSE reserves the right to remove all competitors, collaborators, affiliates, abusers, and commercial users from SSENSE+.

 

SSENSE+ Services cannot apply to past purchases. 

 

SSENSE is not responsible for Points lost due to fraudulent activity by you or any third party.

 

SSENSE may, in its sole discretion, alter, limit, or modify the Level rules, regulations, SSENSE+ Services, eligibility for membership, or any other feature of a particular Level or may terminate a particular Level at any time in its sole discretion, without prior notice except as expressly set out in SSENSE+ Terms or required by applicable law.

 

Level 1 

 

Level 1 is granted to any eligible individual who receives a minimum of 1,000 Points during the Program Year. By reaching Level 1: 

 

  • You will enjoy guaranteed access to the curated Private Sale selection and advanced access to SSENSE Sale.
  • You will gain access to promotional offers that are only available to SSENSE+ members. 
  • You will be the first to know about upcoming product launches and receive updates about your SSENSE+ status.

 

Level 2 

 

Level 2 is granted to any eligible individual who receives a minimum of 2,000 Points during the Program Year. By reaching Level 2, you will be able to access all Level 1-related SSENSE+ Services in addition to the following: 

 

  • You will be able to shop the curated Private Sale selection in advance of Level 1 members. 
  • You will receive priority support from our Customer Care team. 

 

Level 3 

 

Level 3 is granted to any eligible individual who receives a minimum of 5,000 Points during the Program Year. By reaching Level 3, you will be able to access all Level 1- and Level 2-related SSENSE+ Services in addition to the following: 

 

  • You will gain access to the VIP Private Sale, which is specifically curated for top SSENSE+ members and  features additional products and exclusive brand selections.
  • You will receive complimentary priority shipping on all orders with no minimum order value and no shipping surcharges.
  • Your orders will be processed with the highest priority.
  • You will gain access to exclusive SSENSE+ content.

 

PS

 

PS is available by invitation only, irrespective of the number of Points received. However, there will be a minimum of required points to remain in the Program after the first Program Year, which starts either from your SSENSE+ anniversary, a predetermined date, or starting 35 days after your first purchase following your acceptance of the PS invitation. Points will be accumulated with each purchase made, irrespective of the shipping address. PS services can be redeemed on purchases made online (whether on the SSENSE Website or the SSENSE App) or in-store at SSENSE MONTRÉAL. By accepting the invitation to PS: 

 

  • You agree to receive any communication from the PS team and to access the benefits and services relevant to your PS level.
  • You will have access to a dedicated Personal Shopper who guides you through our vast selection of brands, facilitating all aspects of your shopping experience.
  • You will gain insider access to products, limited collections, private events, and more.
  • Personalized services, including the following, will be available to eligible clients: 
    • Exclusive discounts on full-priced merchandise (“Discounts”). The Discounts will apply to the value before taxes on full-priced merchandise. The Discounts are not applicable to products already marked on sale and cannot be used in conjunction with any other applicable rebate, discount offer, coupon, or promotional code. Specific exclusions apply: selected brands, products, and items are excluded from the Discounts. These exclusions from the Discounts are at SSENSE’s sole and absolute discretion (including, but not limited to, products from highly anticipated launches). The Discounts are applicable to up to two items per style during the Program Year, with the exception of lingerie, underwear, socks, and scarves, for which no quantitative restrictions apply. The Discounts are not applicable to previous purchases, taxes, or shipping charges.
    • Complimentary priority shipping, if available in your region. 
    • Free international returns, if available in your region.

 

To redeem PS services, contact your Personal Shopper. To receive updates about PS, your  PS level, and points, subscribe to our newsletter by navigating to My Account and selecting Email Preferences then selecting “Subscribed” in the Newsletter section. You can opt-out anytime by selecting “Unsubscribe” at the bottom of a newsletter or by navigating to My Account and selecting Email Preferences then selecting “Unsubscribed” in the Newsletter section.

 

Loyalty Page 

Your Loyalty Page is your destination for anything related to SSENSE+, including consulting your Points, your Level, and SSENSE+ Services associated therewith. Your Loyalty Page can be accessed by logging in to your SSENSE account. You may use your SSENSE+ Services by logging into your SSENSE account.   

Communications with SSENSE

 

By opting in to the newsletter, you will automatically receive SSENSE+ related emails, including marketing emails and information about SSENSE’s products, your SSENSE account, SSENSE+ Services and Points, partner offers, and more. 

 

You may opt-out of receiving SSENSE marketing emails at any time by following the instructions provided in the email or as otherwise stated in SSENSE’s privacy policy (for Canadian members      found online at: https://www.ssense.com/en-ca/privacy-policy; for USA members found online at https://www.ssense.com/en-us/privacy-policy; for Japanese members found online at: https://www.ssense.com/ja-jp/privacy-policy for European members found online at: https://www.ssense.com/en-gb/privacy-policy; and for the rest of the members found online at: https://www.ssense.com/en-ca/privacy-policy). However, you will continue to receive emails pertaining to your purchases, including order and shipping confirmations and communications from our customer experience team.     

     

Opting Out of SSENSE+

 

You may opt out at any time of SSENSE+ (including PS) by contacting  Customer Care. By doing so, you agree that you will lose your Level, and your Points will expire. You will no longer receive emails regarding your program status.

 

If you change your mind, you can rejoin SSENSE+ by contacting our Customer Care. You will not be reinstated to your previous Level nor be given your expired Points.

 

Changes, Termination, and Exclusion from SSENSE+

 

Except where prohibited by law, we may, in our sole discretion, cancel, modify, restrict, or terminate SSENSE+ Terms and/or any aspect or feature of SSENSE+ at any time without prior notice. YOUR CONTINUED PARTICIPATION IN SSENSE+ FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

 

Any suspected abuse of SSENSE+, manipulation or gaming of SSENSE+ or SSENSE+ Terms, failure to follow any terms, illegal activity, fraud, misrepresentation, or other conduct inconsistent with SSENSE+ Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of any Points and/or SSENSE+ Services, may result in the revocation of your participation to SSENSE+ or deduction of your Points and may make you ineligible for further participation in the Program. 

 

If your membership is revoked, any Points in your account will automatically expire, and your access to SSENSE+ and Level and SSENSE+ Services may automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse, or violation of SSENSE+ Terms, we also have the right to take appropriate legal action at our sole discretion.

 

Disclaimer of Warranties; Limitation of Liability

 

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY.

 

NEITHER SSENSE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SSENSE+TERMS OR THE PROGRAM OR ANY OF THE SSENSE+ SERVICES ASSOCIATED WITH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

 

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SSENSE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SSENSE WEBSITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SSENSE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED.

 

FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SSENSE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR  YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00). IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

 

Indemnification

 

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your participation in SSENSE+ or your breach of any of SSENSE+ Terms.

 

Severability 

 

To the extent permitted by law, where a specific clause of SSENSE+ Terms is declared null, that clause shall be deemed unwritten. However, to the extent permitted by law, this does not invalidate the successful registration of a user, the entire Terms, or any other SSENSE terms and conditions you accepted. 

IP

You agree that all material, including without limitation information, design, data, software, text, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Program or otherwise made available by SSENSE in connection with SSENSE+ is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws.  SSENSE may own the Site Content, or portions of the Site Content may be made available to SSENSE through arrangements with third parties.

 

Unless otherwise indicated, you may view, electronically copy and  print in hard copy portions of the Program materials for the sole purpose of accessing SSENSE+ for personal use. You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these services for any purpose prohibited by SSENSE+ Terms, or for any commercial purpose whatsoever, without the prior written permission of SSENSE or the copyright holder identified in the relevant copyright notice.  Any rights not expressly granted herein are reserved.

 

Governing Law and Disputes

 

To the extent permitted by law, SSENSE+ Terms shall be governed by the laws of Quebec, and the tribunals and courts of Montreal, Quebec, will have exclusive jurisdiction in case of Dispute. The original English version of SSENSE+Terms has been translated into other languages. Where permitted by law, the translated version is a courtesy, and no rights can be derived from the translated version. In the event of a dispute about the contents or interpretation of SSENSE+ Terms or inconsistency or discrepancy between the English version and any other language version of SSENSE+ Terms, the English language version shall apply, prevail and be conclusive to the extent permitted by law.

 

Applicable to US residents only: 

  • Governing Law

SSENSE+ Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to principles of conflicts of laws. 

  • Arbitration

1 Initial Dispute Resolution. To give us an opportunity to informally resolve any disputes, claim or controversy between you and us arising out of or relating to your use of the SSENSE+ Services and SSENSE+ Terms, including our U.S. Privacy Policy (“Disputes”), you agree to first communicate your Dispute to us at customercare@ssense.com. Most concerns can be quickly resolved in this manner, and you agree not to bring any lawsuit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Dispute to customer care have elapsed. The parties shall use their best efforts to settle your Dispute directly through consultation and good faith negotiations, which shall be a precondition to initiating a lawsuit or arbitration. If we are unable to resolve your Dispute within 60 days, you may seek relief through arbitration or in small claims court as set forth below.  Any action to enjoin the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights shall not be subject to the requirements of this Initial Dispute Resolution paragraph.

2 Arbitration.  If the parties do not reach an agreed upon solution pursuant to the procedures outlined in the paragraph above, you and SSENSE each agree that any Dispute will be settled by binding arbitration, except that you and SSENSE each retain the right to bring an individual action in small claims court, the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s respective intellectual property rights, and the right to seek public injunctive relief in a court of competent jurisdiction.  Any such small claims matter shall be brought in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to the exclusive personal jurisdiction and venue in such courts. 

3 Scope of Arbitration.  The arbitrator shall exclusively determine all issues as to the Dispute. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration, and the enforceability or interpretation of this Dispute Resolution Section.

4 Class Action Waiver. Individual Arbitration.  You and SSENSE each waive the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.  Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.  Further, unless both you and SSENSE otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void.  Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of this Agreement.

5 Arbitration Rules. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section.  (The AAA Rules are availablewww.adr.org)  If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with this Agreement, you and SSENSE will pick another arbitrator pursuant to 9 U.S. Code § 5.

6 Arbitration Procedure and Location.  If the value of the Dispute does not exceed 10,000 United States Dollars (“USD”), then the arbitration will be conducted solely on the basis of documents you and SSENSE submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary, in which case, such hearing shall be conducted by telephone, unless you and SSENSE agree otherwise.  If the value of the Dispute exceeds 10,000 USD, your right to a hearing will be determined by the AAA Rules.  Any in-person arbitration hearing shall be conducted in New York County, New York unless you and SSENSE agree otherwise.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.

7 Arbitrator’s Decision.  The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator bases any award.  Any award in arbitration shall determine the rights and obligations between the named parties only.  The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except that the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

  • Forum Selection 

In any circumstances where notwithstanding the above it is permitted that SSENSE and U.S. residents litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, New York.

Privacy

The personal information collected from you in connection with SSENSE+, including but not limited to purchases made in connection with the Program, will be used and disclosed by us in accordance with our Privacy Policy (for Canadian members found online at:https://www.ssense.com/en-ca/privacy-policy; for USA members found online at:https://www.ssense.com/en-us/privacy-policy; for European members found online at:https://www.ssense.com/en-gb/privacy-policy; for Japanese members found online at: https://www.ssense.com/ja-jp/privacy-policy and for the rest of the members found online at: https://www.ssense.com/en-ca/privacy-policy).

California Notice of Financial Incentive

Because SSENSE+ involves the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, services, and benefits to Program participants.

You may withdraw from participating in SSENSE+ at any time by contacting our Customer Care.

Contact Us

For information about the Program, contact Customer Care. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.

 

 

 



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