Terms of service
1. WHO WE ARE AND AGREEMENT TO THESE TERMS
weargrinski.com (the "Site") is operated by Grinski ("we", "us", "our"). By visiting the Site, creating an account or placing an order, you agree to these Terms of Service ("Terms"), our Refund Policy, Shipping Policy and Privacy Policy, which are part of these Terms. If you do not agree, please do not use the Site.
You must be at least 18 years old, or the age of majority where you live, to place an order. If you are younger, you may use the Site only with the involvement of a parent or guardian.
2. CHANGES TO THESE TERMS
We may update these Terms at any time by posting a new version on this page. The version in effect when you place an order applies to that order. Continued use of the Site after changes are posted means you accept them.
3. PRODUCTS AND DESCRIPTIONS
We try to describe and show our products accurately. Colors, print placement and knit texture can vary slightly between batches and may look different on your screen. Some images on the Site and on our social media are illustrations or digitally created or edited scenes used to show how a product can be worn; the product you receive is the one described on the product page.
Our masks are fashion and cold-weather accessories. They are not personal protective equipment, are not rated for any specific temperature, and do not provide protection against impact, wind, water, fire or injury. Wear them only with appropriate safety gear (such as a helmet) where required, make sure they do not block your vision or breathing, and do not leave them on young children unattended. Do not wear masks in places or situations where face coverings are prohibited or could cause alarm.
4. PRICES AND AVAILABILITY
All prices are in US dollars unless shown otherwise and do not include taxes and shipping, which are calculated at checkout. Bundle and multi-pack discounts apply only as shown at checkout and cannot be combined with other offers unless stated.
Prices, products, promotions and availability can change at any time without notice. We may limit quantities per person, household or order, and we may refuse or cancel any order, including orders that appear to be placed by resellers, orders with suspected fraud, or orders affected by a pricing or listing error. If we cancel an order you have paid for, we will refund you in full.
5. ORDERS AND PAYMENT
Your order is an offer to buy. We accept it when we ship it. Order confirmation emails confirm only that we received your order. You agree to provide accurate, current purchase and account information and to pay all charges at the prices in effect when you order. Payments are processed by our payment providers; we do not store full card details.
6. SHIPPING AND DELIVERY
Delivery dates shown on the Site, including any holiday or "order by" dates, are estimates based on information from our carriers and fulfillment partners. They are not guarantees. We are not responsible for delays caused by carriers, customs, weather, peak-season volume or other events outside our control.
Title and risk of loss pass to you when we hand your order to the carrier. If a package shows as delivered but you cannot find it, contact us within 7 days of the delivery date and we will help you file a claim with the carrier. You are responsible for entering a correct shipping address. Orders returned to us because of an incorrect or incomplete address may be reshipped at your cost or refunded minus shipping costs.
International orders may be subject to import duties and taxes, which are your responsibility unless stated otherwise at checkout.
7. RETURNS AND REFUNDS
Returns and refunds are handled under our Refund Policy.
8. PROMOTIONS, DISCOUNT CODES AND GIFT CARDS
Promotions and discount codes have no cash value, are valid only for the period stated, cannot be combined unless stated, and may be withdrawn at any time. Gift cards are not redeemable for cash except where required by law, and we are not responsible for lost or stolen gift cards.
9. INTELLECTUAL PROPERTY
The Grinski name, logo, face designs, character names (including Mr. Sly, Big Cheese, Goldie and Brain Freeze), product photos, videos, text and all other Site content are owned by or licensed to us and are protected by intellectual property laws. You may not copy, reproduce, sell or create derivative works from them without our written permission. Grinski is an independent brand and is not affiliated with, sponsored by or endorsed by any other company or brand.
10. USER CONTENT AND REVIEWS
If you send us or post reviews, photos, videos, comments, or tag us on social media ("User Content"), you confirm that you own it or have permission to share it, and that it does not violate anyone's rights or any law. You grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and display that User Content, with or without your name, on the Site, social media and marketing. We will ask for permission before using content in which a person's face is clearly recognizable. We may remove any User Content at our discretion.
11. PROHIBITED USES
You may not use the Site to: break any law; infringe anyone's rights; submit false or misleading information; place fraudulent orders or abuse returns or promotions; interfere with the Site's security or operation; scrape, copy or collect data from the Site using automated means; or resell our products in a way that suggests you are us or are authorized by us. We may suspend access or cancel orders for violations.
12. THIRD-PARTY LINKS AND SERVICES
The Site may link to or rely on third-party services (such as payment processors, carriers and social media platforms). We are not responsible for their content, policies or performance.
13. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by law, the Site and all products are provided "as is" and "as available", and we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, except any warranty that cannot be excluded under applicable law. We do not guarantee that the Site will be uninterrupted, secure or error-free.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Grinski and its owners, employees, suppliers and partners will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from your use of the Site or any product. Our total liability for any claim relating to an order or the Site is limited to the amount you paid for the product that gave rise to the claim. Some jurisdictions do not allow some of these limitations, so they may not all apply to you.
15. INDEMNIFICATION
You agree to indemnify and hold harmless Grinski and its owners, employees and partners from any claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of a product, or your violation of any law or the rights of another person.
16. DISPUTE RESOLUTION AND ARBITRATION
Please contact us first at hello@weargrinski.com; most issues can be solved quickly that way. If we cannot resolve a dispute informally within 30 days, you and we agree that it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. You and we waive any right to a jury trial and to participate in a class action or class arbitration. You may opt out of this arbitration agreement by emailing hello@weargrinski.com within 30 days of your first order with the subject line "Arbitration opt-out".
17. GOVERNING LAW
These Terms are governed by the laws of the United States and of the state in which Grinski is based, without regard to conflict-of-law rules, except where the consumer laws of your place of residence require otherwise.
18. SEVERABILITY AND ENTIRE AGREEMENT
If any part of these Terms is found unenforceable, the rest remains in effect. These Terms, together with the policies referenced in them, are the entire agreement between you and us about the Site and your purchases. Our failure to enforce any part of these Terms is not a waiver.
19. CONTACT
Questions about these Terms:
hello@weargrinski.com