This page (together with the documents referred to in it) tells you the terms and conditions on which we supply any of the products (the "Products") listed on our site www.nomanwalksalone.com (the "Site") to you. Please read these terms and conditions carefully before ordering any Products from the Site.
These terms and conditions do not affect any of your statutory rights. However, it is important that you should understand that by ordering any of our Products from the Site you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.nomanwalksalone.com is a site owned by No Man Walks Alone, Inc., a Delaware corporation, with principal offices at 336 West 37th Street, New York, New York 10018.
2. ACCESS TO THE SITE The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from our site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from this site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
a. Copyright. All content included on our site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of No Man Walks Alone or its licensors and is protected by United States and international copyright laws. The software and compilation of all content on this site is the exclusive property of No Man Walks Alone or its licensors and is protected by U.S. and international copyright laws.
b. Trademarks. No Man Walks Alone, www.nomanwalksalone.com, and other www.nomanwalksalone.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of No Man Walks Alone in the U.S. and/or other countries. No Man Walks Alone’s trademarks and trade dress may not be used in connection with any product or service that is not No Man Walks Alone’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits No Man Walks Alone. All other trademarks not owned by No Man Walks Alone that appear on our site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by No Man Walks Alone.
3. YOUR STATUS By placing an order through the Site you warrant that:
a. You are legally capable of entering into binding contracts and b. You are at least 18 years of age
4. HOW THE CONTRACT IS FORMED BETWEEN US A legally binding contract will be formed between us when
a. You have confirmed to us that you wish to proceed with the purchase of one or more Products, and b. We have confirmed to you that we will sell the Product(s) to you and c. We have received payment of the price and any additional monies.
When your order has been completed you will receive confirmation of the Product(s) ordered, the price paid, the estimated delivery date and your allocated order number. If you wish to amend any part of your order once it has been accepted and payment has been made then you will need to contact us by one of the following methods:
Mail: No Man Walks Alone, Inc., 336 West 37th Street, Suite #300, New York, New York 10018.
We may decline to sell any product to you for any reason. We are not obliged to tell you the reason for our decision.
5. PRICING AND AVAILABILITY
As we proceed with your order you will receive a prompt from us if the Product you wish to order is no longer available. We may offer you the opportunity to purchase a Product of at least equivalent specification and value, to the one you have attempted to order. This will not happen if the Product you are trying to order is temporarily out of stock.
Prices are liable to change at any time but changes will not affect orders in respect of which we have already sent you a confirmation of order.
Prices are exclusive of all taxes and delivery fees. The end customer is the importer of record.
No Man Walks Alone uses the highest level of security for payments processed through this store. No Man Walks Alone will ensure your security by encrypting the connection when transmitting banking information on the network, and by safeguarding your financial data throughout the ordering and payment process.
Please note that if the Security Department suspects fraud, we have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the check-out process.
Orders from the No Man Walks Alone online store may be paid using credit card or debit card. Your credit card data is only sent securely to our payment processing partners and is not seen by No Man Walks Alone, Inc. For details of our payment processing partner’s security see
7. REFERRAL CREDIT PROGRAM
No Man Walks Alone may offer users the ability to earn credits or discounts ("Referal Credits") toward future purchases on the No Man Walks Alone site when they invite friends to become users of No Man Walks Alone and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized No Man Walks Alone invitation channel (e.g. an invitation sent through No Man Walks Alone's website, Facebook or another social media channel supported by No Man Walks Alone). You may only earn Referral Credits via No Man Walks Alone's authorized referral mechanisms. Referrals outside of No Man Walks Alone authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire six (6) months after issuance. You will only receive Referral Credit for the first qualifying purchase made by a friend who makes his or her first purchase on the No Man Walks Alone website as a result of an invite from you via a No Man Walks Alone authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Referral Credit, and No Man Walks Alone will have no liability to you for your friend’s failure to follow directions.
You agree that having multiple No Man Walks Alone accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent No Man Walks Alone's referral credit program system may, without limiting any other No Man Walks Alone rights or remedies, result in forfeiture of your membership and all Referral Credits in your account. No Man Walks Alone reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by No Man Walks Alone. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of No Man Walks Alone, including by using any trademarks of No Man Walks Alone.
Referral Credits will appear in your account within approximately 24 hours after one of your qualifying invitees makes his or her qualifying purchase and that purchase is shipped. Purchase of a Gift Card is not a qualifying purchase. Referral Credits earned via No Man Walks Alone may only be used on the No Man Walks Alone website and may not be used toward the purchase of a Gift Card. No Man Walks Alone reserves the right to cancel or reverse Referral Credits associated with an invitee order that was subsequently canceled or refunded.
The referral credit program is void where prohibited by law. No Man Walks Alone reserves the right to modify or terminate the referral credit program at any time, although Referral Credits accrued shall be valid for six (6) months from the date of posting. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the Referral Credits you have actually earned. No Man Walks Alone will have no liability for any errors displayed in your account.
We can only deliver to the countries shown in the shipping address of the checkout page. Contact No Man Walks Alone for alternative means of purchase for delivery to other countries.
An estimated delivery date for the product will be provided to you when you receive your order confirmation.
We will require a signature at the time of delivery of the Product(s). If the purchaser is not present, a person over the age of 18 years of age with authority of the purchaser must be available to accept delivery. If we are unable to make the delivery of the Product(s) on the agreed date because there is nobody at home then we will leave a card confirming that we have attempted delivery. It will then be your responsibility to contact us to arrange a new delivery date.
When it has not been possible to deliver the Product(s) due to no fault on our part, we reserve the right to make a charge for any further attempt to deliver the Product(s). We will consult with you regarding the amount of any further charges and will obtain your consent to such charges prior to attempting any further delivery of the Product(s).
9. CANCELLATION AND RETURN You can cancel or exchange your order at any time within thirty (30) days after delivery of the Product(s). We will refund the full cost of the Product(s) or its equivalent in store credit as long as the item is unworn, unused, unwashed, unaltered and with all packaging, including the No Man Walks Alone hangtag still attached. We will not accept returns, and will not offer refunds for underwear, gift cards and and any final sale products. Final sale products are any items showing a strike-through price and a markdown price. For further information on cancellation and/or returns, please refer to No Man Walks Alone’s Refund Policy.
10. ELECTRONIC COMMUNICATION When you visit this checkout or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. OUR LIABILITY We warrant to you that any Product(s) purchased from us through the Site is of satisfactory quality.
Our liability in connection with any Product(s) purchased through our Site is strictly limited to the purchase price of the Product(s). This does not include or limit in any way our liability for:
a. Death or injury caused by our negligence b. Fraud or misrepresentation c. Any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED BY NO MAN WALKS ALONE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ASIDE FROM THE WARRANTIES EXPLICITLY MADE IN THIS SECTION 10, NO MAN WALKS ALONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK.
YOU ARE MAKING YOUR PURCHASES DIRECTLY FROM NO MAN WALKS ALONE AND NOT THE SUPPLIER. NO MAN WALKS ALONE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO HONOR LIMITED WARRANTIES POSTED ON OUR SITE AT THE TIME OF YOUR PLACEMENT OF ORDERS WITH NO MAN WALKS ALONE FOR PRODUCT(S). YOU AGREE TO ADDRESS ANY QUESTIONS ABOUT PRODUCT(S) AND REQUESTS FOR PRODUCT(S) SUPPORT DIRECTLY FROM NO MAN WALKS ALONE. THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY PRODUCT(S). WE ATTEMPT TO ENSURE THAT THE INFORMATION ON OUR SITE IS COMPLETE, ACCURATE AND CURRENT. DESPITE OUR EFFORTS, THE INFORMATION ON OUR SITE MAY OCCASSIONALLY BE INACCURATE, INCOMPLETE OR OUT OF DATE. WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF ANY INFORMATION ON OUR SITE. FOR EXAMPLE, PRODUCTS INCLUDED ON OUR SITE MAY BE UNAVAILABLE, MAY HAVE DIFFERENT ATTRIBUTES THAN THOSE LISTED, OR MAY ACTUALLY CARRY A DIFFERENT PRICE THAN THAT STATED ON OUR SITE. IN ADDITION, WE MAY MAKE CHANGES IN INFORMATION ABOUT PRICE AND AVAILABILITY WITHOUT NOTICE. THE PRICE DISPLAYED ON OUR SITE MAY DIFFER FROM THE PRICE FOR THE SAME ITEM SOLD AS IN-STORE PRODUCT(S). WE RESERVE THE RIGHT, WITHOUT PRIOR NOTICE, TO LIMIT THE ORDER QUANTITY ON ANY PRODUCT OR SERVICE AND/ OR TO REFUSE SERVICE TO ANY CUSTOMER. IN THE EVENT THAT NO MAN WALKS ALONE EXERCISES ITS RIGHT TO LIMIT THE ORDER QUANTITY ON ANY PRODUCT OR SERVICE AND/OR REFUSE SERVICE, YOU WILL BE GIVEN THE OPPORTUNITY TO CANCEL YOUR ORDER OR RECEIVE A REFUND FOR ANY PAYMENT CHARGES MADE LESS THE VALUE OF ANY PRODUCT(S) RECEIVED IN THE SAME MANNER AS THE INITIAL PAYMENT CHARGE. WE ALSO MAY REQUIRE VERIFICATION OF INFORMATION PRIOR TO THE ACCEPTANCE AND/OR SHIPMENT OF ANY ORDER. NOTWITHSTANDING THE ABOVE, NO MAN WALKS ALONE DISCLAIMS TO THE MAXIMUM EXTENT ALLOWED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF PRODUCT(S), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT NO MAN WALKS ALONE AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCT(S) YOU PURCHASE. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED NO MAN WALKS ALONE OF THE POSSIBLITY OF SUCH DAMAGES.
All notices given by you to us must be given to us in writing by email or at the address detailed in paragraph 4 above. We may give notice to you at either the email or postal address you provided to us when placing an order, or in any of the ways specified in paragraph 4. Notices will be deemed received and properly served immediately when posted on the site, 24 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of email, that such email was sent to the specified email address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights and obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
14. EVENTS OUTSIDE OF OUR CONTROL We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: a. Strikes, lock-outs or other industrial action b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether war declared or not) or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster d. Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport e. Impossibility of the use of public or private telecommunication networks f. The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
15. WAIVER If we fail at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHTS TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to policies and terms and conditions in force at the time that you order Product(s) from us, unless any changes to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).
19. LAW AND JURISDICTION
a. Contracts for purchase of Product(s) through our site will be construed, interpreted, and applied in accordance with the laws of the state of New York (excluding its body of law controlling conflicts of law). b. With respect to matters relating to these Terms and Conditions or those contemplated hereby, each Party irrevocably (i) submits itself to arbitration under the rules of the International Chamber of Commerce, in New York, and (ii) agrees not to assert any claim that such Party is not personally subject to the jurisdiction of such arbitral tribunal, or that the action nor proceedings is brought in an inconvenient forum or that the venue of the suit, action or proceeding is improper; and (iii) irrevocably consents to service of process and other notices by mail to the notice address for such party identified in Paragraph 11 above. c. If there is a dispute or alleged breach under these Terms and Conditions, or any such Contracts contemplated hereby, the Parties shall work together in good faith first to resolve the matter internally by escalating it to higher levels of management. If no resolution to the dispute can be reached despite the Parties best efforts, the Parties shall use a mutually agreed alternative dispute resolution technique before resorting to litigation.