LEVENITY

800.385.1740

P.O. Box 151993 Dallas, TX 75315

  • instagram
  • facebook
  • twitter
  • googlePlaces

©2019 by LEVENITY LLC - ALL RIGHTS RESERVED

Terms and Conditions

Agreement between user and www.levenity.com

Welcome to www.levenity.com. The www.levenity.com website (the "Site") is comprised of
various web pages operated by Levenity Collection LLC ("Levenity"). www.levenity.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the "Terms"). Your use of www.levenity.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your
reference.

www.levenity.com is a eCommerce Site
_________________


Privacy

Your use of www.levenity.com is subject to Levenity's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.


Electronic Communications
Visiting www.levenity.com or sending emails to Levenity constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.

Levenity does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.levenity.com only with
permission of a parent or guardian.



Cancellation/Refund Policy
Products
that are returnable (not custom) must be done so within 7 days of receipt and are subject to a 20%

return fee. If you desire to return an item, you can do so by contacting our sales team. The sales team will

then send to you a return authorization with a tracking number.

 

We are pleased to offer unique garments that are custom-made to your specifications, and we
encourage you to review your order carefully. Since the product is sown to your specifications,
the order cannot be changed, modified, or cancelled once your order is in production
. Custom
products include but are not limited to all garments that are sown to your specifications. We are aware that garments may
arrive and have a less than perfect fit. For this reason, we allow a one-time alteration if the
request is made after 7 days of the delivery of garment. Should you need this service, please
contact our sales team for arrangements.

 

Exchange Policy

Purchased items can be exchanged for an alternative standard size or color. If you would like to exchange your order, please email info@levenity.com with “Order #XXX - Exchange” in the subject line to begin an Exchange Authorization. Exchanges must be requested within 7 days of delivery of your order and items must be unworn, free of damage, with tags attached to be eligible. Exchanges are dependent on the requested item’s availability. If customers prefers to exchange the purchased item for custom measurements, we can provide that service on a case by case bases. Custom fee plus shipping charge will be sent a on separate invoice via email to the customer.  Upon authorization of the exchange, customers will be provided with a complimentary shipping label. Items must be shipped within 7 days of receipt of the return shipping label to be eligible for exchange. Once the item is received we will refund the purchase price and customers are welcome to purchase the alternative size desired separately at levenity.com

 

P.O. Boxes

We are unable to deliver to PO boxes or forwarding addresses (including Aramex addresses) at this time.

 

Defected Merchandise and Erroneous Orders

If you believe an item in your order to be defective or there to be an error in your order, such as receiving the wrong size or style, please email info@levenity.com to begin a Return Authorization. Please write “Order #XXX - Return” in the subject line and include detailed pictures of the defected merchandise. Defection is at the discretion of Levenity. Kindly note that colors may vary between product images and the physical good due to technological variances in screen quality. If Levenity deems the merchandise to be defective or there to be an error in the order, a complimentary return label will be provided and a full refund will be processed to the customer upon return of the order. Items must be shipped within 7 days of receipt of the label. Dependent on your financial institution, please allow up to 3-5 business days for the refund to reflect in your account.


Links to third party sites/Third party services
www.levenity.com may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of Levenity and Levenity is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. Levenity is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Levenity of the site or any association with
its operators.

Certain services made available via www.levenity.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.levenity.com domain, you hereby acknowledge and consent that Levenity may share such
information and data with any third party with whom Levenity has a contractual relationship to
provide the requested product, service or functionality on behalf of www.levenity.com users and
customers.



No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.levenity.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to Levenity that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of
the Site. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Levenity or its
suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Levenity content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Levenity and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Levenity or our licensor except as expressly authorized by these
Terms.



International Users
The Service is controlled, operated and administered by Levenity from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Levenity Content accessed
through www.levenity.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.



Indemnification
You agree to indemnify, defend and hold harmless Levenity, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of
any rights of a third party, or your violation of any applicable laws, rules or regulations. Levenity
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with
Levenity in asserting any available defenses.



Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrators award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceable of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.



Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitration's and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH
INDIVIDUALS CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Employer agree otherwise,
the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.



Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. LEVENITY COLLECTION LLC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

LEVENITY COLLECTION LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
LEVENITY COLLECTION LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL LEVENITY COLLECTION LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
LEVENITY COLLECTION LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.



Termination/access restriction
Levenity reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Texas and you hereby
consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Levenity as a result of this agreement or use of the Site. Levenity's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of Levenity's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered
by Levenity with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and Levenity with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
Levenity with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be written in English.



Changes to Terms
Levenity reserves the right, in its sole discretion, to change the Terms under which
www.levenity.com is offered. The most current version of the Terms will supersede all previous
versions. Levenity encourages you to periodically review the Terms to stay informed
of our updates.



Contact Us
Levenity welcomes your questions or comments regarding the Terms:
Levenity Collection LLC
P.O. Box 151993
Dallas, TX 75315
Email Address: info@levenity.com
Telephone number: 800-385-1740
Effective as of April 1st, 2017