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Terms

Terms Of Service

Welcome to the akepele.com or akepeleapparel.com website (hereafter referred to as the “Site”) which is operated by TJB Industries for Akepele Apparel. The following terms govern your use of and/or purchase of products from the Site. Be advised that your use of the Site constitutes your agreement to follow and be bound by all of the following terms and conditions (the “Agreement”).

1.  General

We may from time to time change the terms that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, the Site from time to time, for any reason, with or without notice.

2. Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, music, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by Akepele Apparel. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Akepele Apparel.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

3.  Corrections of Errors and Inaccuracies

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. Akepele Apparel therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability or otherwise. We apologize for any inconvenience this may cause. If you are not fully satisfied with your purchase you may return it in its original condition, with the original packing receipt within 10 days of the order date, subject to compliance with all other terms and conditions of Akepele Apparel’s Return Policy. Please refer directly to that policy for additional information. 

4. Purchasing and Delivery

You will receive an email from orders@akepele.com to confirm we received your order. Once your order is received, please allow 48-72 hours for processing (excluding weekends and national holidays).

Shipping time is separate from processing time. Once your order is processed and ready to ship you will receive an email with tracking. Once shipped, delivery generally takes 5-10 business days (for domestic orders) depending on the carrier and if any national holidays fall within the shipping dates. Please allow up to 2 weeks for your delivery to arrive. If you still have not received your purchase after 2 weeks, please notify support@akepele.com.

5. Shipping and Handling Charges

All U.S. orders are shipped via USPS. There may be instances where we will ship via UPS or FedEx. Generally, the carrier is dependent on the best rate and speed of delivery. All international orders are shipped via UPS, USPS, or FedEx. International customers are responsible for customs duties and/or brokerage fees in addition to shipping costs assessed during checkout.

Please request signature service if you do not wish to leave your package unattended at your front door. We are not responsible for any lost packages if you do not request signature service. Please reach out to us if this is the case and we will file a claim on your behalf. Please contact support@akepele.com if you have any questions.

6. User Generated Content and Interactivity

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Akepele Apparel on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the sole property of Akepele Apparel. Such disclosure, submission or offer of any Comments shall constitute an assignment to Akepele Apparel of any and all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Akepele Apparel shall own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Without limiting the foregoing, Akepele Apparel is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you or any other person or entity any compensation for any Comments; or (3) to respond to any Comments.

You agree, represent and warrant that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will contain libelous or otherwise unlawful, abusive or obscene material. You are, and shall remain, solely responsible for the content of any Comments you make. You agree that Akepele Apparel may use and/or disclose information about your demographics and use of the Site in any manner, subject to the terms of Akepele Apparel’s Privacy Policy. Without limiting the foregoing, you agree that Akepele Apparel may use your information for marketing and promotional purposes.

7. Akepele Apparel Communications

You agree that Akepele Apparel may send electronic mail or other communications to you for the purpose of advising you of changes or additions to the Site, about any of Akepele Apparel’ products or services, or for such other purpose(s) as Akepele Apparel deems appropriate. Please see Akepele Apparel’s Privacy Policy.

8.  Product Information

Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. Most products displayed at the Site are available unless otherwise stated, for example: Pre-Order, Temporarily Out Of Stock, etc. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

9.  Colors

We have made efforts to display accurately the colors of products that appear at the Site. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

10.  Links To Other Websites and Services

To the extent that the Site contains links to outside services and resources, the availability and content of which Akepele Apparel does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Refer to our Privacy Policy for more information.

11.  Disclaimer

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Akepele Apparel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12.  Indemnification

You agree to indemnify, defend and hold harmless Akepele Apparel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13.  Miscellaneous

This Agreement shall be construed in accordance with the laws of the State of Oregon, without regard to any conflict of law provisions. You agree to bring any dispute arising under this Agreement exclusively in the State and Federal courts of the State of Oregon in Multnomah County

14.  Termination

This Agreement is effective unless and until terminated by Akepele Apparel. Akepele Apparel may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Akepele Apparel’s sole discretion you fail to comply with any term or provision of this Agreement, or if Akepele Apparel for any reason otherwise so decides to terminate. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

15.  Fraud Prevention

Akepele Apparel takes fraud prevention very serious and will continually work to protect the security of our card-carrying customers. We reserve the right to flag any online order for fraud prevention purposes. This may cause delays in processing.

Customers are encouraged to provide accurate contact information and customer service representatives will make any correspondence attempts to the contact information provided. 

Customers submitting orders with varying information may be subject to such delays in processing. Flagged orders may be held from processing to await explanation regarding the variance between the billing and shipping information provided. First-time orders from new customers at above-average dollar amounts may only be authorized to ship to the billing address provided. Orders submitted using unsupported credit card information (often international) may be asked to confirm authorization by submitting a government-issued identification card that matches the information on file with the bank for the credit card holder. International customers who elect to ship to freight forwarding/drop shipping companies may have their orders canceled at managerial discretion.

16.  Contact Information

Questions about the Terms of Service should be sent to us at info@akepele.com.