Terms of Use

1. General

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)

You may not use or attempt to use bots, robots, scripts, crawlers, scrapers, macros, data mining tools, AI-based automation tools, or any other similar automated means to access or use the Site, the Service, or the Gentle Monster Platform.

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 acknowledgement and agreement to our Privacy Policy (Section 15).
• 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:

• 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.
• 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.
• You represent and warrant that you have read, understand, and are required to agree to and accept to be bound by these Terms of Service and the Privacy Policy in order to access and use the Site.

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 within the United States. All products available on the Site may be available in certain international markets. All prices displayed on the Site are quoted in US dollars (USD) and are valid and effective only in the US.

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 2022, 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 fully prosecuted 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.

The use of any website controlled, owned, or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by Gentle Monster’s Terms of Service or Privacy Policy.

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 United States

If you access Gentle Monster or the Site from outside the United States, so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Site from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

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.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms of Use.

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 (1) you have breached these Terms of Service or (2) such action is necessary to prevent harm to any party or liability to the Company.

In addition, if we determine that you have accessed, used, or attempted to access or use the Site, the Service, or the Gentle Monster Platform through bots, robots, scripts, crawlers, scrapers, macros, data mining tools, AI-based automation tools, or any other similar automated means, we may, in order to ensure fair purchasing opportunities and the stable operation of the Service, cancel or invalidate your orders, purchase requests, event entries, points, coupons, or any other benefits, separately from any suspension, limitation, or termination of your Account or access to the Service.

Additionally, notwithstanding any other provision of these Terms of Service, the 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 the 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.

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 (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Gentle Monster Platform, (3) 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 and 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.

11. Indemnification

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:

• 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.
• 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.
• 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

The 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 the Company, and can be activated, modified, or removed at any time by the Company without advance notification.

15. Privacy Policy

Gentle Monster takes the privacy and security of your personal information very seriously. We provide a secure environment and maintain strict policies that describe the limited ways in which the information is used and the limited access to such information.

Our collection, use, disclosure, and protection of your personal information is governed by our separate Privacy Policy (link). This privacy policy ("Privacy Policy" or "Policy") applies when you visit and surf the US section of gentlemonster.com (the "US Site"). Please read through the different sections of this Privacy Policy to learn more about what personal information we collect across our website, how and when it is collected, what we use it for now, and how we will use it in the future. This Policy also details the circumstances in which we may disclose your personal information to third parties.

HIPAA Notice. Our collection, use, and disclosure of Protected Health Information ('PHI') is governed by our separate Notice of HIPAA Privacy Practices (link). The Privacy Policy and Notice of HIPAA Privacy Practices are incorporated into these Terms of Use by reference.

By using the US Site, you accept the practices described in the Privacy Policy. If you do not want to accept the practices described in the Privacy Policy, please do not use the US Site. All information and/or personal data shared by you will be stored and used according to applicable U.S. federal and state laws, including California law and the laws of other states where you reside. By visiting and using the US Site, or by interacting with our content and/or services, you acknowledge that you have read, understood, and agreed to the practices in relation to the use and disclosure of your personal information described in the Privacy Policy and our Terms and Conditions. If you are considered to be a minor in your country of residence, please obtain your parent's or guardian's consent before providing us with any personal information when visiting and/or using the website.

16. Cookies

This Site uses cookies to enhance user experience and optimize our services. For details on the source and use of the browsing information processed when You visit Our website, and Your rights regarding such information, please refer to our Cookie Policy(link).

17. AI-Powered Customer Service

18. 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 fully enforced 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: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) 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.

I hereby acknowledge that i have read and understand the foregoing terms of service and privacy policy and agree that my use of the genlte monster platform is an acknowledgment of my agreement to be bound by the terms and conditions of this agreement.

19. Fraudulent Sites Update

We can only guarantee product authenticity for items purchased on our official online website, flagship stores, and authorized retailers such as Farfetch, SSENSE, HBX, and Matches Fashion. We also work with select retail stores in Canada. To find more information on authorized stockists, please click here.

Gentle Monster is currently in the process of resolving this issue to remove the ads from Facebook and Instagram since the website is not affiliated with the Gentle Monster official site. We sincerely apologize for the inconvenience.

If you have already placed an order on one of the sites promoting a sale, we highly recommend reaching out to your bank to file a chargeback claim. Please use the following information to help identify if you have placed an order on a fake site.

• The website is having a sale
• The website URL is something other than www.gentlemonster.com
• The order number starts with a two-digit year code. (e.g., 26xx)
• Your order is being shipped from somewhere outside of Anaheim, California
• Your PayPal receipt shows that your payment was sent to someone other than "system@gentlemonsterusa.com." or "live.soho@gentlemonster.us."
  For any further questions or assistance, please contact our Customer Service team.