Terms of service
These Website Standard Terms and Conditions (hereinafter referred to as the “Agreement”) shall govern the use of all pages on this website (hereinafter collectively referred to as the “Website”) and any services on this website (hereinafter referred to as the “Services”) that are provided by 1208 Vintage Inc., (hereinafter referred to as the “Company,” “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between the Company and the individual or entity who subscribes to our Service(s) (hereinafter referred to as the “Subscriber” or “you”).
TERMS AND CONDITIONS.
1. ASSENT AND ACCEPTANCE.
By using this Website, the Subscriber agrees to comply with all of the terms and conditions contained herein in full. If the Subscriber doesn't agree with any of the terms and conditions mentioned herein, the Subscriber must not use this Website.
2. AGE RESTRICTION.
The Subscriber must be at least 18 year(s) of age to use this Website. By using this Website, the Subscriber represents and warrants that the Subscriber is at least 18 year(s) of age and may legally agree to this Agreement.
3. LICENSE TO USE WEBSITE.
The Company shall provide the Subscriber with certain information as a result of using this Website or its Services. Such information may include but is not limited to, documentation, data, or information developed by the Company and other materials that may assist the Subscriber in the use of the Website.
Subject to the terms and conditions contained herein in this Agreement, the Company authorizes the Subscriber a non-exclusive, limited, non-transferable, and revocable license to use the Company's materials solely in connection with its use of this Website.
4. PRODUCT DESCRIPTIONS, MEASUREMENTS, AND CONDITION.
The Company makes reasonable efforts to accurately describe and photograph each item ordered for sale. Many items may be vintage, archival, handmade, reworked, or one-of-a-kind pieces and may show natural signs of age, prior wear, or storage. Such characteristics are inherent to the nature of these items and are not considered defects. While the Company makes reasonable e orts to identify and disclose notable characteristics, not every sign of age, wear, or variation may be individually described. The Subscriber understands that these items are not new and are sold in their present condition.
The Company makes reasonable efforts to provide accurate measurements and descriptions. All measurements are provided as a courtesy; however, slight variations may occur. Fit and sizing are not guaranteed. The Subscriber is solely responsible for reviewing measurements prior to purchase.
Many vintage, archival, or delicate fabrics may be fragile due to age and prior wear. The Subscriber understands that such garments require careful handling and may not perform in the same manner as newly manufactured items. The Company is not responsible for damage that occurs after delivery, including but not limited to tearing, seam separation, bead loss, or fabric stress resulting from wear, alterations, cleaning, or handling.
By purchasing an item, the Subscriber acknowledges and accepts the condition of the item as described and shown.
5. FINAL SALE POLICY .
Unless otherwise expressly stated in writing, all sales are final. Due to the nature of vintage, archival,handmade, reworked, and one-of-a-kind goods, the Company does not accept returns, exchanges, or cancellations once an order has been processed.
The Subscriber is responsible for reviewing all product descriptions, photographs, and measurements prior to purchase. By completing a purchase, the Subscriber acknowledges and agrees to these terms.
Exceptions may be made only where required by applicable law.6. SHIPPING, INSURANCE, AND RISK OF LOSS. Shipping timelines are estimates and are not guaranteed. The Company is not responsible for delays caused by carriers.
All shipments require signature confirmation upon delivery.
Shipping insurance is required for all orders and will be added to the total purchase price. The cost of insurance is the responsibility of the Subscriber.
Risk of loss and title for purchased items pass to the Subscriber upon confirmation of delivery by the shipping carrier.
The Company is not responsible for lost, stolen, delayed, or misdirected packages once marked as delivered and signed for.
International Shipping.
For international orders, the Subscriber is responsible for all customs duties, import taxes, value-
added taxes (VAT), brokerage fees, and any other charges imposed by the destination country.
The Company is not responsible for customs delays, clearance issues, or additional import requirements. If a shipment is refused due to unpaid import charges, the Company reserves the right to deduct original shipping costs and any return fees from any refund issued, where permitted by law.
The Company is not responsible for items seized, delayed, or destroyed by customs authorities.
Any claims for loss or damage during transit must be submitted in accordance with the applicable carrier’s procedures and timelines. The Subscriber agrees to cooperate fully in any insurance claim process.
7. PAYMENT DISPUTES.
By completing a purchase, the Subscriber agrees to contact the Company to resolve any concerns prior to initiating a chargeback or payment dispute. Initiating a fraudulent chargeback may result in account termination and pursuit of available legal remedies.
8. APPOINTMENTS.
The Company may offer in-person or virtual appointments. Appointment availability is not guaranteed and may be modified or canceled at the Company’s discretion.
The Subscriber is responsible for arriving on time. Late arrival may result in reduced appointment time or cancellation.
The Company is not responsible for personal injury, loss, or damage to personal property during in-person visits, except where caused by the Company’s gross negligence or willful misconduct.
9. MEMBERSHIP PROGRAMS.
The Company may offer membership programs providing access to exclusive collections, content, events, or services. Membership benefits and fees (if applicable) will be described at enrollment.
The Company does not guarantee access to specific inventory or event availability.
Membership fees, if applicable, are non-refundable unless required by law.
The Company reserves the right to modify or terminate membership programs at its discretion.
10. EVENTS.
The Company may host in-person or virtual events. Event dates and locations are subject to change.
The Company reserves the right to cancel or modify events. Remedies are limited to a refund of any event fee paid.
The Company is not responsible for personal injury, loss, or damage during events, except where caused by gross negligence or willful misconduct.
11. INTELLECTUAL PROPERTY RIGHTS.
The Company owns all rights to the intellectual property and materials contained in this Website, and all such rights, titles, and interests are reserved. The Subscriber is provided a limited license only for the purpose of viewing the material contained on this Website. The Subscriber acknowledges that it won't use any intellectual property in a manner that violates any laws.
12. PRIVACY INFORMATION
While using this Website, the Subscriber may provide the Company with certain information. The Subscriber also authorizes the Company to use its information in the countries where the Company may operate.
13. SUBSCRIBER RESTRICTIONS.
The Subscriber is emphatically restricted from doing the following activities while using this
Website:
(a) Publishing any of the Website content in any external media.
(b) Transferring usage rights or indulging in any monetary transaction against the Website.
(c) Damaging the Website in any form.
(d) Using this Website in any way that affects user access to this Website.
(e) Using this Website in violation of applicable laws or regulations.
(f) Using this Website to engage in any advertising or marketing.
(g) Extracting data or information while using this Website.
(h) Subscribers may not misuse the Services, including but not limited to: (i) copying, reproducing, or distributing website content, images, or product descriptions without permission; (ii) using the Services for unlawful purposes; (iii) attempting to interfere with website functionality or security; (iv) misrepresenting identity when placing orders, booking appointments, or applying for membership; (v) engaging in abusive, fraudulent, or chargeback abuse behavior; or (vi) reselling purchased items in a manner that falsely represents a affiliation with the Company..
14. SUBSCRIBER CONTENT.
In this Agreement, the Subscriber Content shall mean any audio, video, text, images, or other materials the Subscriber chooses to publish on this Website. By publishing the content on this Website, the Subscriber authorizes the Company a non-exclusive, limited, non-transferable, and revocable license to use or reproduce the content in any media.
15. SUBSCRIBER RESPONSIBILITY .
Any user ID and password the Subscriber may have created for this Website are confidential, and it is the Subscriber's responsibility to safeguard its own ID and Password.
16. DATA LOSS.
The Company does not accept responsibility for the security of the Subscriber's account or content.
The Subscriber agrees to use the Website at its own risk.
17. ADVERTISING CONTENT.
The Website may show advertisements for or links to third-party websites, products, and/or services (hereinafter referred to as the “Third-Party Ads”). The Company is not responsible for the availability of these Third-Party Ads or the images, content, or any other materials contained therein.
18. SUPPORT.
The Company shall provide support under the following circumstances:
(a) Only a Website that is registered under the Company, unaltered by a third party, is eligible for support.
(b) Support during the term of the Agreement and assistance in updates, upgrades, and bug fixes during such term.
(c) Answer queries from the Subscriber regarding the operations of the Website, primarily via the Company’s Support Portal and secondarily via telephone and e-mail.
(d) Use commercially reasonable efforts to correct any errors reported by the Subscriber and as confirmed by the Company.
(e) Use commercially reasonable efforts to respond to each reported error according to the Support Process section of the Company.
19. NO SURREPTITIOUS CODE.
(a) The Company agrees that, to the best of its knowledge, the Website does not contain any hacking code or mechanism that collects personal information or maintains control of the system without the Subscriber's permission or such action which may restrict the Subscriber's access to or use of Company Data.
(b) The Subscriber warrants that it will not knowingly introduce, via any means, spyware, adware, ransomware, rootkit, keylogger, virus, trojan, worm, or other code or mechanism designed to permit unauthorized access to Subscriber Data, or which may restrict Company’s access to regulate the deliverables granted to the Subscriber.
20. WARRANTIES
The Subscriber acknowledges and agrees that the submission of any information is at the Subscriber's sole risk, and to the maximum extent permitted by law, the Company disclaims any and all liability to you for any loss or liability relating to such information in any way.
The Company makes no warranties that the Website or Service will be uninterrupted, error-free, or secure.
21. TERMINATION.
The Subscriber is free to stop using this Website or Services at any time. The Company reserves the right to terminate this Agreement at any time for any reason, with or without cause. The Company further reserves the right to terminate this Agreement if the Subscriber violates any of the terms outlined herein, including, but not limited to, violating the rights of the Company.
22. ARBITRATION.
In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by arbitration. There shall be 1 arbitrator(s), who shall be appointed by American Arbitration Association (AAA). The venue of arbitration shall be Los Angeles County, California, and the Seat shall be California. The arbitrators' decision shall be final and binding on both Parties. Notwithstanding the foregoing, either party may bring an individual claim in small claims court in Los Angeles County, California, if eligible.
23. LIMITATION OF LIABILITY .
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to the use of the Website, Services, or purchase of products.
In no event shall the Company’s total liability exceed the amount paid by the Subscriber for the specific product or service giving rise to the claim.
Some jurisdictions do not allow certain limitations of liability; in such cases, liability shall be limited to the maximum extent permitted by law.
24. INDEMNIFICATION.
The Subscriber hereby indemnifies and holds the Company harmless from and against any and all liabilities, legal claims, demands, damages, and expenses (including reasonable attorney’s fees) arising out of or in any connection which may relate to the Subscriber's breach of this Agreement or its use or misuse of the Website or Services.
25. NOTICES.
Any notices required or permitted by this Agreement shall be in writing and delivered by certified mail or courier to the mentioned address.
26. SEVERABILITY .
In the event any provision of this Agreement is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Agreement, and all other provisions shall remain in full force and effect as valid and enforceable.
27. GOVERNING LAW.
This Agreement shall be governed by the laws of the State ofCalifornia. If the disputes under this Agreement cannot be resolved by arbitration, they shall be resolved by litigation in the courts of the Los Angeles County, California, including the federal courts therein, and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail and hereby waive any jurisdictional or venue defenses otherwise available to it.
28. ENTIRE AGREEMENT.
The Parties acknowledge that this Agreement sets forth and represents the agreement between both Parties. If the Parties are willing to change/add/modify any terms, they shall be in writing and signed by both Parties.