Terms of Service Agreement (2018)
Effective: May 7, 2018.
Welcome to gentlemonster.com. Please read through our Terms of Service carefully. Gentle Monster is owned and operated by iicombined, a global corporation based out of Seoul, South Korea. Where the present terms of service (“Terms of Service” or “Agreement”) refers to “Gentle Monster,” it may refer to Gentle Monster or iicombined or both, depending on the context. These Terms of Service constitute a legally binding agreement between you and Gentle Monster (“We,” “us,” “iicombined,” the “Company”), governing your use of the Gentle Monster USA website (the “Site”) and social media platforms, regardless of the means of access. The Site and social media platforms together are hereinafter collectively referred to as the “Gentle Monster Platform.” If you do not agree to be bound by the Terms of Service, promptly exit the Site or social media platform, as applicable, and refrain from any future use of the Service.
Please read through the following sections for further information and details on our Terms of Service.
Gentle Monster hereby grants You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website in accordance with these Terms of Service and solely for personal use, hereby excluding any use in relation to any commercial, advertising, entrepreneurial or professional activity. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, break up, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise commercially exploit the Website or parts of it (including pages, texts, images, descriptions, audio-visual contents or any other work which is replicated and published on the Website).
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service from time to time at any time, without notice, and in its sole discretion. If we decide to change these Terms of Service, we will post a new version on the Site and update the date set forth above. Any changes or modifications to this Agreement or adjoining Policy will be effective upon posting of the revisions.
A few highlights of these Terms of Service include:
• Your agreement that the Gentle Monster Platform is provided “as is” and without warranty (Section 10).
• Your agreement that Gentle Monster has no liability regarding the Gentle Monster Platform (Section 9).
• Your agreement to indemnify Gentle Monster from claims due to your use or inability to use the Gentle Monster Platform or content submitted from your account to the Gentle Monster Platform (Section 11).
• Your consent to submit any claims against Gentle Monster to binding arbitration on an individual basis only (Section 12).
2. REPRESENTATIONS AND WARRANTIES
By visiting the US Site, you represent and warrant the following:
(1) You are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts.
(2) You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
3. Product information and merchandise availability
While Gentle Monster makes every attempt to properly represent inventory numbers on the Site, merchandise availability is not guaranteed. If merchandise is not available by the time your order processes, we will notify you as immediately as possible via e-mail. Likewise, Gentle Monster takes every effort to accurately display the colors of our products online, but we cannot guarantee its accuracy. The actual colors you see will depend on the monitor you are using.
The products displayed on the Site can be ordered and delivered only within the U.S. All products available on the Site may be available in our retail store in the U.S. and certain international markets. All prices displayed on the Site are quoted in U.S. dollars (USD) and are valid and effective only in the U.S.
The products available on the Site, including any samples Gentle Monster may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from us.
All prices indicated on the Site do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives in its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties (if any). Those charges vary greatly from country to country and will not be covered by the Company.
4. SITE CONTENT
The entire content published on this Site, including but not limited to text, graphics or code is copyrighted under copyright laws, and is the sole property of iicombined and www.gentlemonster.com. Copyright 2017, iicombined, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with www.gentlemonster.com. Without obtaining our prior written consent, any other use, including but not limited to the reproduction, modification, distribution, display or transmission of the content of this Site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the content as herein described, including iicombined software and all HTML and other code contained in this Site, shall remain at all times vested in iicombined and/or are the property of their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the content only as expressly authorized by iicombined and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. The Company tries to ensure that the information on this site is accurate and complete. We do not warrant that the Site’s Content is accurate, error-free. Your use of the Web Site is at your risk. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. iicombined reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that iicombined is not liable to you or any third party for any such withdrawal.
Opinions expressed on the Site is the personal opinions of the authors and do not reflect the views of iicombined. iicombined reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
5. No liability for acts of third parties
Gentle Monster’s Site may contain links to other websites (“Linked Site(s)”). These Linked Sites are not under the control of Gentle Monster or iicombined. Gentle Monster is not responsible for the content of any Linked Sites, including but not limited to, any links contained in a Linked Site and any updates or changes made to a Linked Site. The inclusion of Linked Sites does not imply endorsement by Gentle Monster. Although the Site may allow you to access or use Third Party sites, they are not “Services” under this Agreement and are not subject to any of the warranties, services, commitments, or obligations with respect to Gentle Monster hereunder. By using any Third Party offerings, you are expressly permitting Gentle Monster to disclose your data or other information to the extent necessary to utilize the Third Party sites.
We have no liability for disclosure of information due to errors in transmission to third parties or unauthorized acts of third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
6. COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Gentle Monster welcomes your comments and feedback about the Site, products, and/or services. However, we do not accept confidential or proprietary information. All comments, feedback, ideas, suggestions, materials, information, and other submissions sent or offered to Gentle Monster using our Site, or otherwise, are not confidential and will become and remain property of Gentle Monster. The disclosure, submission, or offer of any such comments will constitute an assignment to iicombined of all worldwide right, title, interests, and goodwill without payment of any compensation.
Comments submitted by you must not violate any right of any third party and must not contain any libelous, abusive, obscene, or otherwise unlawful material.
7. Access and availability outside the u.s.
The purchase of merchandise through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the United States.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Site’s terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to PayPal, and who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
8. TERMINATION AND SUSPENSION
In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your Account, or all or a portion of your access to the Service, at any time with or without notice in the event (i) you have breached these Terms of Service or (ii) such action is necessary to prevent harm to any party or liability to Company.
Additionally, notwithstanding any other provision of these Terms of Service, Company reserves the right to change, suspend, remove or disable access to any Content, features or other materials comprising a part of the Service at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Content, features or materials.
Termination, suspension, or any limitations made to your access of the Gentle Monster Platform will result in the removal of your entitlement to any refunds of unused balances in your account. You will be prohibited from registering and/or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Additionally, Gentle Monster reserves the right to take appropriate legal action, including but not limited to, pursuing arbitration, a criminal case, and injunctive redress.
This Agreement will remain enforceable against you after your right to use the Gentle Monster Platform is terminated, limited, or suspended.
9. LIMITATION OF LIABILITY
By using, surfing, and purchasing from gentlemonster.com, you acknowledge and agree that there are certain limitations of our liability to you and third parties. Therefore, you agree to not hold Gentle Monster or iicombined, its affiliates, its licensors, its partners in promotions, sweepstakes, or contests, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, “Liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the Gentle Monster Platform. In no event shall Gentle Monster and or gentlemonster.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Site or in any written or oral communications from gentlemonster.com or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL GENTLE MOSNTER HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GENTLE MONSTER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of gentlemonster.com and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to gentlemonster.com during the six months prior to notice to gentlemonster.com of the dispute for which the remedy is sought.
Liability for Content
You hereby acknowledge and agree that Gentle Monster and or gentlemonster.com (i) stores content (“Content”) and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of your Content that you upload, post or distribute to, on or through the Site or the Gentle Monster Platform, and to the extent permissible by law, gentlemonser.com excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that gentlemonster.com cannot and does not review the Content created or uploaded by its users, and neither gentlemonster.com nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Site for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
Gentle Monster and/or gentlemonster.om and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Site by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Site. By using the Gentle Monster Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against gentlemosnter.com or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
10. DISCLAIMER OF WARRANTIES
Gentle Monster provides the Site, its content, and the Interactive Services on an “as-is” basis. We, Gentle Monster, make no representations or warranties of any kind, express or implied, with respect to the operation of the Site or interactive services, the information, content, materials, or products included on the Site or as part of the interactive services. In addition, we do not represent or warrant that the information accessible via the Site or the Interactive Services is accurate, complete, or current.
Please note that some jurisdiction may not allow the exclusion of implied warranties and conditions, so some of the above exclusion may not apply to you but shall apply to the maximum extent permitted by applicable laws.
Use of the Gentle Monster Platform is entirely at your own risk. The Company makes no warranties or representations about the accuracy or completeness of the content provided through the Gentle Monster Platform or the Content of any sites linked to the Gentle Monster Platform, and assumes no liability or responsibility for (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Gentle Monster Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information store therein. Gentle Monster does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the Gentle Monster Platform and any hyperlinked website or features in banner form or other advertisements. The Company will not be a party to, or in any way, be responsible for monitoring any transaction between you ad third-party providers of products or services other than as provided herein.
Neither the Company nor its affiliates or licensors warrant that the Gentle Monster Platform is free from viruses, worms, trojan horses, or other harmful components. The Company and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed, or used by others.
You agree to indemnify and hold Gentle Monster, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
a. Your use of the Site or Gentle Monster Platform in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
b. Any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of your Content on the Site, and/or your making available thereof to other users of the Site, and/or the actual use of your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of your Content.
c. Any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of gentlemonster.com.
12. DISPUTE RESOLUTION - ARBITRATION
We will try to work in good faith to resolve any issue you have with the Service if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. Except where prohibited by law, as a condition of using the Site and/or Gentle Monster Platform, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of, or connected with, the Site and/or Gentle Monster Platform, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California, County of Los Angeles. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California, County of Los Angeles.
13. GOVERNING LAW
Except when expressly provided otherwise, this Agreement will be governed by, and will be construed under, the laws of the State of California without regard to choice of law principles.
14. SPECIAL PROMOTIONS
Company may from time to time provide certain promotional opportunities, sweepstakes, and contests to users. All such promotions will be run at the sole discretion of Company, and can be activated, modified, or removed at any time by Company without advance notification.
Gentle Monster takes the privacy and security of your personal information very seriously. We have provided a secure environment and this strict Policy that describes the limited ways the information is used and the limited access to such information.
For more information, please read through the sections below.
16. what information we collect and how we will use it
When registering for an account, placing an order, interacting with our digital platforms on your computer or mobile devices, or sending us an inquiry, we will receive and store certain pieces of information. Please refer to the sections below for further details on information collection, protection, and use throughout your visit or purchasing journey on gentlemonster.com .
No Collection of Personal Information as a Matter of Course
Gentle Monster does not, as a matter of course, gather any of your Personal Information while you are using the Website, unless you are asked to provide such information, for example by signing up for an account or for the mailing list, or making a purchase. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose.
Account Management and Customer Profile Information
If you choose to create an account with us on gentlemonster.com, we may collect information including: your name, postal address, phone number(s), e-mail address(es), credit card number(s), and other necessary payment information to process a transaction. We may also obtain information about you as a result of authentication or identity checks. This would apply most specifically in connection with our standard fraud checks when you make a purchase on the Site. We use this information to identify you as a customer, to process your order, to deliver products and services, to process payments, to update our records, and to generally manage your account with us.
If you have a customer account, we may also collect information about the products you purchase, where you purchased the products from, and other information related to your purchases or which is otherwise relevant to your customer relationship with Gentle Monster. This may include birthdays and other important dates and information on lifestyle and interests in terms of product preferences. We use this information to offer you an enhanced service. This information may also be used in order to better identify relevant products, services, and events which may be of interest to you, personalizing your experience with Gentle Monster.
Information About Your Device
Depending on how you access our content and services, our website will also collect certain technical information about your computer or mobile device relating to the service you receive. This includes information relating to the type of device and internet browser you use, an identifier for your device and your IP address, (the unique address which identifies your device on the internet) any website from which you come to the website, and your operating system.
If you register for an account with us, these statistics will be linked with the personal information held about your account but this personal information about you will not be shared with third parties.
In cases where you request location services provided by us, we will either do a Site lookup of the browser IP address for your computer from a public Geographic IP database (providing us the location of your Internet Service Provider (ISP)) or establish your real time location relating to the latitude and longitude of your mobile device, where this is available.
You must first choose to allow us to access your mobile location data and you can then change your location preference at any time by managing your device settings. You may also use the standard uninstall processes available as part of your mobile device.
Linking Personal Information and Customer Profiles
We may also use your personal information for our internal marketing and demographic studies, together with non-personal data to analyze profiles and monitor customer patterns so we can consistently improve our products and services and understand what may be of interest to you and other customers. This means that we can offer more personalized and integrated shopping and interactive experiences to our customers on our website.
We may supplement information we collect about you with marketing and demographic information which we receive from affiliated third party companies, in addition to other information which is available in the public domain, or which we are otherwise lawfully permitted to be provided with, in order to better understand the interests and preferences of our key customer audiences and improve our service to our customers.
Customer Communications Information
We may obtain personal information where you “like” us, create posts, or otherwise interact with our pages on social media platforms and may use this information communicate with you or provide relevant content via those social media platforms about our products, events, and/or promotions. Please refer to the privacy policies of the social media platforms for information on how they collect and use your personal information.
If you have consented, we will use your contact information to provide you with information about our products, events, promotions and services by post, e-mail, mobile messaging, telephone communications and/or through any other electronic or digital means including social network platforms.
We may also use your contact information to contact you in relation to service-related matters, including, on occasion, to request and respond to feedback on your experience on our website, and to assist you in relation to prospective purchases on our website, where permitted to do so in accordance with applicable laws.
Providing us with contact information is entirely voluntary but we may not be able to process your order and send you the required order acknowledgement and shipping confirmation e-mails if you do not provide us with certain requested information. You may, however, choose whether or not to receive promotional communications from Gentle Monster and we will only send you such communications where we have your consent to do so.
17. how do i unsubscribe from gentle monster email updates?
If you have registered to receive updates from us, and you no longer wish to receive these, you can request that we amend your preferences. You can do that either as indicated in the particular communication, e.g. by using the unsubscribe link which is included on all email updates. Gentle Monster will stop sending updates in respect of which you withdraw your consent within a reasonable period, in order to allow sufficient time for the change to be administered. If you opt out of receiving updates from us, we may still send you non-promotional communications such as emails about your account or purchases you have made from the website.
18. UPDATING AND REVIEWING YOUR PERSONAL DETAILS
If you have an online customer account, you can amend or update your information by logging into “Account” on the website and modifying your details as appropriate.
19. RETENTION AND DELETION OF PERSONAL INFORMATION
We will only keep your information for as long as you remain an active customer and for 5 years afterwards, or unless otherwise required for our business operations or by law. We may need to retain certain pieces of personal information even once a customer account has been closed or deleted for fraud prevention and/or proper record keeping purposes. If you wish to request the permanent deletion of your personal details or wish to change your preferences at any time, please contact our Customer Service Department at:supportUS@gentlemonster.com
20. OTHER PEOPLE WHO MIGHT USE YOUR INFORMATION
We may share information about you with companies we have chosen to handle our order dispatch services, any delivery company that we may use from time to time, and with other companies that provide support services to us, including website hosting companies. In addition, we may also share certain limited information with companies who assist Gentle Monster with other services, for example, in analyzing our customer data in order to better understand and monitor customer patterns so we can consistently improve our products and services and understand what may be of interest to you and other customers. In each case, we will only provide these companies with the information which they need to carry out their services and they will not be permitted to use the information for other purposes. They will only be allowed to use your information in the way in which we instruct them and as permitted by the law and our Policy.
Financial Institutions and Payment Processing Partners
We will take payment from your credit or debit card at the time you will receive the Shipping Confirmation by email, detailing what items have been shipped from your order and the cost to ship these items (the “Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time. The Email will include information of the items actually shipped at that time only, a summary of these terms and conditions, information on the purchased goods, on the right of withdrawal, on the methods of payment and on the applicable taxes, and all information we are required to provide by law. We will contact you if we have any problems taking payment from the card details you provide during the order process. Should the payment not be successful or performed, Gentle Monster is exempted from delivering the item(s), without prejudice to any other applicable remedy and right
You also acknowledge and agree that in certain circumstances we may disclose personal information relating to you to third parties, for example, in order to conform to any requirements of law, to comply with any legal process, for the purposes of obtaining legal advice, for the purposes of credit risk reduction, to prevent and detect fraud and/or to protect and defend the rights and property of Gentle Monster. At all times where we disclose your information for the purposes of credit risk reduction and fraud prevention, we will take all steps reasonably necessary to ensure that it remains secure.
Business or Process Change Partners
In the event that Gentle Monster or a part of our business undergoes re-organization or are sold to a third party, you acknowledge and consent that any personal information we hold about you may be transferred to that re-organized entity or third party.
Overseas Transfers of Data
21. THIRD PARTY LINKS
22. SECURITY STATEMENT
Unfortunately transmission of information via the internet is not completely secure. Although we do our best to protect your personal data we cannot guarantee the security of your data submitted to us and any transmission is at your own risk.
We do however use strict procedures and security features to try to prevent unauthorized access wherever possible. Personal information provided to Gentle Monster via the Site and online credit card transactions are transmitted through a secure server using Secure Socket Layering (SSL), encryption technology. When the letters "http" in the URL change to "https," the "s" indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you are about to enter a secure area or display a padlock image.
The Site uses this encryption technology to protect your information during data transport. SSL encrypts ordering information such as your name, address and credit card number. Our customer service center also operates over a private, secure network. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.
Gentle Monster USA may uses automatic systems of data collection, such as “cookies”. A cookie is a device transmitted to the hard drive of an Internet user. They do not contain intelligible information, but they allow us to tailor the Site to reflect your listed or historical preferences for a more tailored experience. Cookies link an Internet user to personal information provided by such user through the U.S. Site. Cookies are disseminated by our servers and no one may gain access to the information contained therein. Only Gentle Monster USA processes information collected by cookies, in a collective and anonymous way, in order to optimize its services and the U.S. Site for the needs and preferences of its users.
We disseminate cookies in connection with functions such as browsing the catalogue, purchasing products online and supplying Gentle Monster services.
As you may know, each Internet browser allows the deletion of cookies after each session. Your Internet browser contains instructions on how to carry out these procedures of deletion. Please access the appropriate instructions section on your Internet browser if you wish to delete cookies.
24. GENERAL PROVISIONS
Failure by the Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Gentle Monster with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Company, its successors, and assigns.