Terms of service
Andrew Charles — Terms & Conditions
These Terms & Conditions (the “Terms”) govern your access to and use of https://www.andrewcharles.com (the “Website”) and any purchases or services offered by Andrew Charles (“Andrew Charles,” “we,” “us,” or “our”). By accessing or using the Website, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the Website.
For information about how we collect, use, and share personal information, please review our Privacy Policy, which is incorporated by reference into these Terms.
1) Eligibility; Account Registration
You must be at least 18 years of age (or the age of majority in your jurisdiction) to make purchases on the Website. If you are 16 or 17, you may browse the Website but may only make purchases with the consent and supervision of a parent or legal guardian. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
2) Orders; Pricing; Promotions
All orders are offers to purchase products. We may accept, reject, cancel, or place limits on orders at our discretion (including for suspected fraud, stock availability, or errors in pricing or product information). Prices, promotions, and availability are subject to change without notice. Displayed prices are in U.S. dollars unless stated otherwise and exclude taxes, shipping, and handling unless specified.
2A) Pre-Orders
From time to time we offer pre-orders for items not yet in stock. By placing a pre-order, you are purchasing the item in advance and reserving inventory for future delivery.
- Payment: Your payment method is charged at checkout to secure your reservation. If you use an installment provider, your repayment schedule is governed by that provider’s terms.
- Estimated Ship Window & Delays: We provide an estimated ship window at checkout and/or on the product page. This is an estimate only and may change due to production, logistics, or carrier delays. We will communicate material changes to the email on your order.
- Combined Orders: Orders that include both pre-order and in-stock items may ship together or separately. If we split shipments, you will not be charged additional shipping beyond what you paid at checkout.
- Cancellations: You may cancel a pre-order any time before fulfillment begins (i.e., before a shipping label is created). After fulfillment begins, the Returns Policy applies once delivered.
- Returns: Pre-orders are return-eligible under our Returns & Exchanges Policy. The 10-day return window begins on the date of delivery. Condition requirements (unused, unwashed, return tag attached) apply.
3) Payment
We process payments through Shopify Payments (which may include Shop Pay, Apple Pay, Google Pay, and major credit/debit cards). By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us (and our payment processors) to charge your order total. We do not store full card numbers. Orders are not binding until accepted and payment is authorized.
4) Shipping; Title; Risk of Loss
Shipping and delivery dates are estimates only and not guaranteed. Title and risk of loss transfer to you upon our delivery of the shipment to the carrier, to the extent permitted by law. You are responsible for providing accurate shipping information at checkout. Shipping fees are non-refundable unless required by law.
4A) Order Processing Time: Orders typically require up to 3 business days to process before shipment, excluding weekends and holidays. Transit times are carrier-estimated.
5) Returns & Exchanges
Please see our Returns & Exchanges Policy for the full terms. Returns are initiated by emailing support@andrewcharles.com.
Unless otherwise stated, eligible items may be returned within 10 days of delivery. Garments must be unused, unwashed, and include the original return/security tag attached and unaltered. If a return shipping label is required and you are responsible for its cost, we will communicate the label cost before sending the label. We reserve the right to deny or refuse any return that does not meet our policy requirements or that we determine to be excessive, abusive, or fraudulent.
6) Product Information; Color; Sizing; Availability
We strive for accuracy, but we do not warrant that product descriptions, images, sizing, or other content is complete, current, or error-free. Colors may vary due to monitor/device settings and lighting. We reserve the right to limit quantities and to discontinue products at any time.
7) Intellectual Property; License and Use Restrictions
All content on the Website, including text, graphics, logos, images, audio/video clips, software, and trademarks, is owned by or licensed to Andrew Charles and protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content without our prior written consent.
8) User Content; Reviews
If you post, upload, or submit content (e.g., reviews, photos, comments), you grant Andrew Charles a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent that you own or have the necessary rights to the content and that it does not infringe or violate any third-party rights or laws. We may remove or refuse any content at our discretion.
9) Prohibited Conduct
You agree not to:
- Use the Website for any unlawful purpose
- Interfere with or disrupt the Website or servers
- Bypass or violate security controls
- Engage in fraudulent or deceptive practices
- Collect or harvest personal information about other users
- Reverse engineer or decompile any software used in connection with the Website
- Use any automated means (including bots or scrapers) without our prior written permission
10) Email & SMS Terms
If you opt in to receive marketing emails and/or text messages, message frequency varies and message and data rates may apply. Consent is not a condition of purchase. Text STOP to +1-877-757-3284 to cancel; text HELP for help. Wireless carriers are not liable for delayed or undelivered messages. We may change our sending number and will notify you when required. For assistance, contact legal@andrewcharles.com.
10B) Mobile Messaging Terms (SMS)
By consenting to Andrew Charles’s SMS/text messaging service (the “Service”), you agree to receive recurring SMS/text messages from and on behalf of Andrew Charles through your wireless provider to the mobile number you provided, including by automated technology where permitted by law. Service-related messages may include order updates, shipping alerts, and account notices. Promotional messages may include marketing offers and cart reminders.
Consent is not a condition of purchase. We do not charge for the Service, but message and data rates may apply based on your wireless plan. You are responsible for all charges from your wireless carrier.
You may opt out at any time by texting STOP to +1-877-757-3284. You may request help by texting HELP to +1-877-757-3284. You’ll receive a one-time opt-out confirmation text message.
We may change the number we use to operate the Service and will provide notice when required. Messages sent to an old number may not be received. Supported carriers are not liable for delayed or undelivered messages.
For Service support, email nick@andrewcharles.com. To see how we collect and use personal information, please review our Privacy Policy.
11) Third-Party Links & Services
The Website may contain links to or integrations with third-party sites and services that we do not control. We are not responsible for their content, policies, or practices. Your use of third-party sites and services is at your own risk and subject to their terms and policies.
12) Disclaimer of Warranties
To the fullest extent permitted by law, the Website, its content, and products are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, secure, or error-free.
13) Limitation of Liability
To the fullest extent permitted by law, Andrew Charles and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Website; (b) any conduct or content of any third party on the Website; (c) unauthorized access, use, or alteration of your transmissions or content; or (d) other matters relating to the Website or products. In no event shall our total liability exceed the amount you paid for the product(s) giving rise to the claim or one hundred U.S. dollars ($100), whichever is greater.
14) Indemnification
You agree to defend, indemnify, and hold harmless Andrew Charles and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your violation of these Terms or your use of the Website.
15) Governing Law; Venue
These Terms and your use of the Website are governed by the laws of the State of New York, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York for all disputes that are not subject to arbitration.
16) Dispute Resolution; Binding Arbitration; Class Action Waiver
At our or your election, any dispute, claim, or controversy arising out of or relating to the Website, products, or these Terms that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the rules of the American Arbitration Association. You and we waive any right to pursue claims on a class or representative basis. This section does not apply to claims properly brought in small claims court or to claims for injunctive or other equitable relief.
17) “Your Privacy Choices” — Do Not Sell or Share My Personal Information (CA)
If our use of analytics/advertising technologies constitutes a “share” under California law (e.g., cross-context behavioral advertising), California residents may opt out by selecting the “Your Privacy Choices / Do Not Sell or Share My Personal Information” link in the Website footer. This link may open cookie settings to record your preference. Where legally required, we also honor Global Privacy Control (GPC) signals.
18) Termination
We may suspend or terminate your access to the Website at any time, with or without cause or notice. Upon termination, the rights and licenses granted to you will terminate, but the provisions that by their nature should survive (e.g., intellectual property, disclaimers, limitations of liability, indemnification, governing law) will continue.
19) Changes to these Terms
We may update these Terms from time to time. The updated Terms are effective when posted with a new “Last updated” date. Your continued use of the Website after the effective date constitutes your acceptance of the updated Terms.
20) Miscellaneous
These Terms constitute the entire agreement between you and Andrew Charles regarding the Website and supersede any prior or contemporaneous understandings. If any provision is held invalid, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. You may not assign your rights or obligations under these Terms without our prior written consent; any attempted assignment is void.
21) Contact Us
Legal entity: Andrew Charles
Support: support@andrewcharles.com
Privacy: legal@andrewcharles.com
Address: 270 W 39th St, New York, NY 10018, USA
Phone: [Company Number – to be provided]