Shipping Policy
Order Processing
All orders placed on americanmadeuw.com are processed Monday-Friday and shipped within 1-5 business days from the time of purchase, excluding major holidays and weekends.
You will receive an email with your tracking information once your order is shipped. We cannot update your order once tracking has been generated.
If you select expedited shipping, this shipping method will go into effect once the courier has picked up your package.
Once an order leaves our fulfilment centre, the courier service becomes responsible for the delivery.
Please make sure your Shipping Address is correct before placing your order. If FedEx returns your package to our shipping facility due to an incorrect/invalid address, your order will be automatically restocked.
Shipping
We use FedEx to ship your orders, and we are committed to delivering your products in a timely manner.
Shipping Methods
We offer the following FedEx shipping options:
- FedEx Ground: Economical and reliable shipping for most items.
- FedEx Express Saver: 3-day delivery by 4:30 p.m. to most areas.
- FedEx 2Day: Delivery within two business days.
- FedEx Standard Overnight: Next-business-day delivery by 3 p.m.
- FedEx Priority Overnight: Next-business-day delivery by 10:30 a.m. (depending on the destination).
- FedEx International Shipping: For international deliveries, we offer FedEx International Economy and FedEx International Priority.
Shipping Rates
Shipping rates are calculated based on the destination, weight, and size of the items in your order. You can view the shipping options and their associated costs during the checkout process.
Delivery Times
- Domestic Shipments: Delivery times depend on the FedEx service chosen and your location. Please note that FedEx does not deliver on weekends for most standard services, unless specified.
- International Shipments: Delivery times for international orders may vary depending on the destination country and customs clearance. International shipments may take 5-10 business days, but this can vary.
Tracking Your Order
Once your order has been shipped, you will receive an email with a FedEx tracking number and a link to track your shipment. You can also track your order directly on the FedEx website.
International Order Processing, Duties and Taxes
Please note we can only make address changes or updates to international orders once they have been placed, even if tracking has yet to be generated.
International orders will be subject to:
- American Made Urban Wear’s Terms and Conditions and Privacy Policy. This will be presented to you at checkout.
- American Made Urban Wear will act as the seller of record for these orders.
For international orders, customs duties, taxes, and import fees may apply. These charges are the responsibility of the customer and are not included in the shipping fees.
Payment of duties at checkout through American Made covers the following:
- The stated fees at the time of checkout include Customs duties/taxes. (Duties and taxes are non-refundable)
- The payment of stated fees at the time of checkout (Customs duties/taxes)
REDO SHIPPING PROTECTION
If your shipment is lost, damaged or stolen during transit, we will diligently follow the claims policy of your selected carrier to locate the shipment or deem it lost. This process can take up to 4-8 weeks, may require additional documentation from you and is at the carrier’s discretion.
If your shipment has GPS location or photographic evidence from the carrier that it has been delivered to the address on your order, is with a neighbour or at any other secure location and is in good condition, we are not responsible for a refund or replacement.
Disclaimer
If you used a web proxy to purchase your order, we are not responsible for any mistakes or issues associated with your order. Including but not limited to overbuying, wrong item purchase, incorrect shipping address, or contact name.
Return Policy
Please double-check that you selected the correct items you want to purchase and that all shipping and billing information is correct before placing your order. We cannot update your order once tracking has been generated.
Returns/Exchanges
We will accept a return for online store credit or exchange only. You can request up to 14 days after your order receives a tracking number. After 14 days, a return request will not be accepted.
Items must be returned in perfect, unworn condition in the original packaging. Returns must be shipped within 2 days of the return/exchange initiation.
You will not be credited the original cost of shipping. Unless you process an exchange, the cost will be deducted from your store credit for return shipping. We are not responsible for reimbursement or compensation for returned packages lost in transit.
Return for Store Credit
Once your return is received and inspected, please allow 5 business days for your store credit to be issued. Store credits will exclude original shipping costs, and an actual processing fee will be deducted.
Return for Exchange
Once your return is received and inspected, please allow 5 business days for your exchange to be processed. If the item you requested to exchange is out of stock, a store credit will be issued as an alternative.
Disclaimer
Frequent returns or unusual patterns/activity will be flagged. If we notice that our return policy is being abused or identify an unusual pattern/activity, we may cancel or refuse current and future orders and returns.
If you used a web proxy to purchase your order, we are not responsible for any mistakes or issues associated with your order. Including but not limited to overbuying, wrong item purchase, incorrect shipping address, or contact name.
Terms of Service
This Website, as well as any associated websites, mobile sites, and mobile applications (collectively referred to as the “Website”), is operated by American Made Urban Wear LLC (“AMUW/us/we/our”). We offer this Website, including all information, products and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. If at any time you do not agree to these Terms of Use, please do not use this Website.
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
NOTICE OF ARBITRATION: THESE TERMS OF USE REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE, THESE TERMS OF USE OR OUR PRIVACY POLICIES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT, EXCEPT FOR SMALL CLAIMS COURT. MORE INFORMATION ABOUT ARBITRATION IS SET FORTH BELOW.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.
If you used a web proxy to purchase your order, we are not responsible for any mistakes or issues associated with your order. Including but not limited to overbuying, wrong item purchase, incorrect shipping address, or contact name.
SECTION 1 – CREATING AN ACCOUNT
You have the option of creating a user account to enable you to streamline the purchase of our products through the Website. Upon creation of your user account, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Website. You are solely responsible for maintaining the confidentiality and security of your password, and you now agree not to disclose your password to anyone. You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and, at this moment, release us, any third-party content providers and licensors, and our and their respective directors, officers, employees, affiliates, agents and other representatives, from any liability concerning such transactions and other activities arising through your user account. You agree to notify us immediately of any actual or suspected loss, theft or unauthorized use of your user account or password. We have no obligation to inquire about the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss arising from any such use or action or your failure to comply with this provision.
SECTION 2 – INTELLECTUAL PROPERTY OWNERSHIP AND USE
You acknowledge and agree that all of our trademarks, logos, copyrights and any other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.
We grant you the limited right to access and use the Website as our customer. However, you shall not:
- Reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose.
- Use a robot, spider data mining or extraction tool or process to monitor, extract or copy Website Content.
- Use meta tags, search terms, and critical terms that contain the Website’s name or our trademarks.
- Engage in any activity that interferes with the Website or another user’s ability to use the Website.
- Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website.
- Assist or encourage any third party to engage in any activity prohibited by these Terms of Use.
You may not use, copy, distribute, or exploit any of the Website Content in any manner without our prior written permission.
All Website Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
SECTION 3 – ERRORS AND INACCURACIES
We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may need to be completed or updated. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
You acknowledge that the particular technical specifications and settings of your computer and its display could affect its accuracy, and the look of products offered on the Website may not accurately reflect the look of the actual product. Please pay close attention to the written product descriptions and specifications, and do not rely solely on product photographs.
SECTION 4 – CHANGES TO WEBSITE OR THESE TERMS OF USE
Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you. You confirm that we shall not be liable to you or any third party for any modification to withdraw the Website or any portion of it.
We may alter these Terms from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed your acceptance of such change. You must check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms, you must immediately stop using the Website.
The Website is subject to constant change. You will not be eligible for compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
SECTION 5 – ORDERS, PRICE AND RESALE
Nothing on the Website constitutes a binding offer to sell you any products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after receiving an order confirmation or after your credit card has been charged. We utilize certain third-party services to provide product prices in your local currency. The local currency calculations are based upon our prices in United dollars. Please be aware that fluctuations in currency exchange rates will affect the product prices in your local currency. In addition, as part of the conversion process, third-party service providers may round your local currency price to adjust for the fluctuating currency exchange rate and conversion fees. We can refuse or cancel orders for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged.
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and itemized in your shopping cart and order confirmation email. We strive to display accurate price information. However, we may occasionally make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Remedies for Non-Payment. Except as otherwise explicitly provided herein, if, for any reason, you cancel any payment made by credit card or otherwise fail to pay the total purchase price concerning any products by these terms and conditions or other listed terms identified in the product listings, you will be in default (“Buyer Default”) and will be liable for payment of such total purchase price and any other applicable charges. In the event of Buyer Default in connection with any products, without limiting any other rights or remedies available to us or the seller (whether at law, in equity, or under these terms), subject to the Uniform Commercial Code, we may cancel the sale of such property to the defaulting buyer and resell such property publicly or privately on terms the seller thinks fit, and the defaulting you will be liable for payment of any deficiency between the resale price obtained by the seller and the purchase price initially owed by you. In any case, you will be liable to us for any costs, expenses (including reasonable attorneys’ fees), damages of whatever kind incurred in connection with such Buyer Default, and the collection of any amounts due from you. In addition, if you fail to pay the total purchase price concerning any products by Section 5, you irrevocably authorize us, at our option, to charge you for any outstanding portion of such total purchase price using any credit card information you have provided on the Website or in connection with the purchase, whether or not you provided such credit card information in connection with the sale at issue.
SECTION 6 – SALES, SHIPPING
We will arrange to ship the products to you using a shipper of our choice. Unless specified in the order confirmation, you will pay all shipping and handling charges. The title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
You are responsible for complying with all of the applicable laws and regulations in your country, including the laws and regulations regarding importing products into your country. You will be the importer of records of products shipped to you from outside of the country to which such products are shipped. By placing an order, you acknowledge that for any products shipped to you from outside of your country, you are importing the products in your order for non-commercial (personal) use. You agree that we may appoint a subcontractor (e.g. carrier/customs broker) as your unpaid agent for customs purposes by executing a power of attorney applicable to a single non-commercial shipment.
For products imported into the United States, your order serves as your electronic signature indicating your agreement to the following statement: “The designated carrier/customs broker is hereby authorized to execute, as an unpaid agent who knows the facts, under the provisions of section 485(f), Tariff Act of 1930, as amended, the consignee’s and owner’s declarations provided for in section 485 (a) and (d), Tariff Act of 1930, as amended, and to enter on my behalf or for my account the goods described in the attached invoice which contains a true and complete statement of the facts concerning the shipment.”
You are responsible for any taxes, duties, and fees that may be due for your order. Your authorization permits the carrier/customs broker to act as your agent with the relevant customs and tax authorities in the destination country to clear your merchandise and process and remit any taxes, customs duties and fees levied by the destination country.
We will simultaneously ship all products in the order for multiple product orders. Products unavailable during shipping will be shipped as they become available. You will only be charged for products and any applicable shipping charges in a given shipment. You will only be charged for shipping at the rate quoted to you on your purchase receipt. This shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Your order will ship as it becomes available, and our order processing company will make reasonable efforts to ship it as quickly as possible. Sometimes, a product you have ordered needs to be in stock, delaying fulfilling your order. You will be informed of any products you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time before shipping. We cannot guarantee when an order will arrive. Consider any shipping or transit time we offer you only as an estimate. We encourage you to order promptly to ensure timely shipping and product availability.
We will endeavour to charge you for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that we have not taxed and pay the sales or use tax on those purchases unless exempt under applicable law.
We do not guarantee that we can deliver to P.O. Boxes, APO, FPO and U.S. Territories. Orders made to addresses in these areas may be cancelled at our discretion. You are responsible for confirming the delivery address of your order is correct. Orders from a country other than the delivery address will be automatically cancelled.
SECTION 7 – RETURNS; REFUNDS:
a. Except as otherwise provided herein, all products are non-cancellable, non-returnable, non-refundable, and sold as “As-Is.”
b. Permitted Returns. Subject only to this Section 6, we shall have the sole discretion to elect whether to refuse any return request, inspect the item that is the subject of a return request (for which you shall incur any expense of return to us for such inspection), or honour the return request (a “Permitted Return”). If we grant a Permitted Return, we may elect, in our sole discretion and subject to availability, to replace the Permitted Return with available inventory of the same product, provide you credit, or refund the purchase price you paid for the product (inclusive of the initial standard delivery charge, or if part of a larger order, the standard per item delivery charge). For those Permitted Returns under this Section, we will not refund the shipping costs for returning the order. In addition, as it relates to all orders, any Permitted Return that (x) is not in its original condition and original packaging (or re-packaged by this Section (Return Shipping Guidelines); or (y) which we reasonably believe has been damaged by You, will not be accepted by us. Permitted Returns shall include only the following:
i. Damaged Items. Only those items purchased by the original purchaser and received by the original purchaser in damaged condition from our manufacturer can be deemed a Permitted Return. We do NOT consider the packaging or box part of the item in making this determination, and we will not offer refunds or replacements for any damage to such packaging or box. You shall notify AMUW of receipt of any damaged item no later than five (5) days after delivery of the item to You (the “Damage Notice Period”) by sending a notice to Contact Us (https://americanmadeuw.com/contact/), including (i) a description of the damage; (ii) photograph of the damaged item; and (iii) copy of the original receipt. Any notification or request by You beyond the Damage Notice Period shall be refused and rejected. Please be advised that due to the limited and unique nature of the items, we may not be able to replace them.
ii. Wrong Color, Wrong Size, or Wrong Item. If You receive the wrong colour, wrong size, or wrong item You purchased, please notify us no later than five (5) days after delivery of the item to you (https://americanmadeuw.com/contact/), including (i) a description of the item intended for purchase; (ii) photograph of the item received; and (iii) a copy of the original receipt (the “Wrong Color/Size/Item Notice”). Any notification or request by You beyond the Wrong Color/Size/Item Notice Period may be refused or rejected at our sole discretion. Please be advised that due to the limited and unique nature of the items, we may need help to replace them. We can only accept exchanges from the country where the shipment was sent. In addition, please note that customized items cannot be returned or exchanged. You are responsible for ensuring that the customization details are correct. No cancellation nor alteration may be made once a customized order has been placed. Requesting customization for items after an order has been placed or delivered is impossible.
iii. European Union Consumer Rights Directive. Where the EU Consumer Rights Directive (2011/83/EU) as implemented into national law in the various EU jurisdictions applies to You, unless one of the exceptions below applies, You have the right to cancel your order without giving a reason within 14 days from the day on which You receive the order. You must inform AMUW of Your decision to cancel the order in writing within this period. Upon receipt, AMUW will reimburse you for all payments received for the order purchased, and you will incur no fee as a result of such reimbursement. However, reimbursement may be withheld once AMUW receives your order (s). You must send back the items following AMUW’s instructions. You will bear the cost of returning the order to the Seller. You may lose this right if the value of the order (s) returned diminishes due to how the order is handled. The right of cancellation does not apply to (a) the supply of Items made to the buyer’s specifications (You are responsible for ensuring that the customization details are correct. No cancellation nor alteration may be made once a customized order has been placed. It is not possible to request customization for items after an order has been placed or delivered.); (b) the supply of Items which may deteriorate.
c. Return of Shipments By Shipping Carriers For Non-Acceptance or Wrong Address. If your order is returned to us by a shipping carrier based upon Your failure to sign for the shipment and “return-to-sender wrong address,” Your order will be cancelled, and You will receive a refund (less all expenses related to shipping and duties and a 5% fee restocking fee on the order).
Return Shipping Guidelines. To start a return, please click here to Contact Us (https://americanmadeuw.com/contact/)
SECTION 8 – EXTERNAL WEBSITES AND RESOURCES
You may have come to our Website through a link from a third-party Website, and our Website may link to third-party Websites. We are not responsible for the availability of any websites owned or controlled by third parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third-party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.
SECTION 9 – USER CONTENT
The Website may contain various interactive portions that allow users to post content on our Website (“User Content”). We have no obligation to actively monitor the User Content our users post on our Website, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any User Content. All User Content expresses the views and opinions of the user and does not necessarily reflect our views or opinions. In our sole discretion, we reserve the right to edit, delete, or refuse to post User Content for any reason whatsoever.
By using this Website, you agree that:
- You will not upload, post, email or otherwise transmit any material or other content that (i) is defamatory, libellous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
- You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- You will not repeatedly post the same or similar message (“flooding”) or excessively large or inappropriate images or content.
- You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to junk mail, spam and chain letters.
User Content becomes public information. It would help if you were very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.
If you submit any User Content, you grant to us. Any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.
If you choose to communicate or meet with other website users, you do so at your own risk. We are not obligated to verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm when dealing with strangers or people acting under false pretences. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.
This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Website.
YOU REPRESENT AND WARRANT THAT:
- YOU HAVE THE FULL RIGHT, AUTHORITY, AND PERMISSION TO POST AND DISTRIBUTE ALL USER CONTENT YOU SUBMIT
- YOU ARE THE SOLE CREATOR OF ALL USER CONTENT, OR IF YOU ARE NOT THE SOLE CREATOR, YOU HAVE OBTAINED WRITTEN CONSENT FROM ANY THIRD PARTIES WHO HAVE CREATED OR HELPED CREATE SUCH USER CONTENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE WEBSITE
- ALL PERSONS FEATURED IN ANY USER CONTENT HAVE PROVIDED YOU WITH THEIR CONSENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE WEBSITE.
If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to Contact Us (https://americanmadeuw.com/contact/). Please provide us with detailed information about the nature and location of the alleged objectionable material so we can quickly locate and investigate the same.
SECTION 10 – INFRINGEMENT NOTICE
We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: Contact Us (https://americanmadeuw.com/contact/)
For us to more effectively assist you, the notification must include all of the following:
- A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work or other right you claim has been infringed or violated;
- Information reasonably sufficient to locate the material in question on the Website;
- Your name, address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
SECTION 11 – DISCLAIMERS
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED ABOUT THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ABOUT THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
AS OUTLINED IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
SECTION 12 – LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT
LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
SECTION 13 – INDEMNIFICATION
LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.
SECTION 14 – BINDING ARBITRATION AGREEMENT FOR RESOLUTION OF DISPUTES
a. Informal Negotiations:
To expedite resolution and reduce the cost of any dispute, controversy, or claim, past, present, or future, between you and us, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and we will first attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is the physical address or email address you provided. You may email us at Contact Us (https://americanmadeuw.com/contact/)
b. Arbitration:
If a Dispute is not resolved through Informal Negotiations, you and we agree to resolve any Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). The Federal Arbitration Act shall govern this Arbitration Agreement and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). We will pay all arbitration fees and expenses if you cannot pay such costs. Each party will pay the fees for their or its attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will decide in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to this Arbitration Agreement’s interpretation, applicability, enforceability, or formation. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Subsection (d) below.
c. Excluded Disputes:
You and we agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect or concerning the validity of intellectual property rights; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
This Arbitration Agreement will survive the termination of your relationship with us.
d. Class Action Waiver:
To the fullest extent permitted by applicable law, you and we agree to bring any Dispute, whether in arbitration or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There will be no right or authority for any Dispute to be brought, heard, or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability, or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e. Rules/Standards Governing Arbitration Proceeding:
A party wishing to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding by the expiration of the statute of limitations applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the dispute had been brought to court. The arbitrator may award any remedy to which a party is entitled under applicable law. Still, remedies shall be limited to those available to a party in their capacity. No remedies otherwise available to an individual under applicable law will be forfeited. The arbitrator needs the authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence necessary to present their cases and defences, and the arbitrator shall decide any dispute in this regard. The location of the arbitration proceeding shall take place in the city or county where you reside unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
f. Location:
Based on written submissions, you may choose to have the arbitration conducted via video conference technology such as Zoom, in person in your country, or at another mutually agreed-upon location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
g. Authority of Arbitrator:
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide your rights and liabilities, if any, for you and us. The arbitration proceeding will not be consolidated with other matters or joined with other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including calculating any damages awarded. The arbitrator has the same authority to award relief individually as a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
h. Waiver of Jury Trial:
BOTH YOU AND WE at this moment WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. Instead, we mutually elect that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to minimal review.
i. Thirty-Day Right to Opt-Out:
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to the following email address: Contact Us (https://americanmadeuw.com/contact/) within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your online account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement does not affect any other arbitration agreements that you may currently have or may enter in the future with us.
j. Severability:
You and we agree that if any portion of this Section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed, and the remainder will be given full force and effect.
SECTION 15 – GOVERNING LAW
We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content, and reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
SECTION 16 – NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov
In addition, we may be reached by https://americanmadeuw.com/contact/ or by telephone at (786) 843-6561. Please contact us to resolve any issues you may have with our Website.
SECTION 17 – MISCELLANEOUS
If any part of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.
These Terms of Use and our Privacy Policy and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us about such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.
You may not transfer, assign, charge, or otherwise dispose of your rights or obligations under any Website Agreements without our specific prior written consent. We may transfer, assign, charge, sub-contract, or otherwise dispose of our rights and obligations under any Website Agreements.
You may send us notices or communicate with us by email at Contact Us (https://americanmadeuw.com/contact/). If you send us an email that asks for a response, and you are still waiting to receive a response within ten (10) business days, please send us another email, as we may have yet to receive your previous email. When you email us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.
Privacy Policy
This Website is owned and operated by American Made Urban Wear LLC. We respect your privacy and understand that you have a right to know why we collect your personal information and what we do with it. This Privacy Policy applies to information that identifies you as a person (“Personal Information”) that we collect through our Website (as defined below) as well as information we may collect offline.
This policy describes the type of information we collect from you and that you may provide us when you visit and use this Website and any of our mobile applications (individually or collectively, “Website”). “You/your/user(s)” means you as a user of our Website.
By accessing the Website, you acknowledge this Privacy Policy and agree to be bound by the terms hereof, the Terms of Use, and any other terms or policies we post. If there is anything you need help understanding, please email any inquiry to Contact Us (https://americanmadeuw.com/contact/). If at any time you do not agree to this Privacy Policy, please do not use the Website or provide us with any Personal Information.
We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website or emailing you notice. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. You can tell if this Privacy Policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website after posting any amendment, modification, or change shall constitute your acceptance.
1. YOUR SECURITY
We strive to keep your Personal Information private and safe. We take commercially reasonable physical, technical, and administrative steps to maintain the security of the Personal Information collected, including limiting the number of people with physical access to database servers and employing electronic security systems and password protections that guard against unauthorized access.
Unfortunately, despite our best efforts, data transmission over the Internet cannot be guaranteed 100% secure. While we will use reasonable means to ensure the security of the information you transmit through the Website, any transmission of Personal Information is at your own risk. We cannot guarantee that third parties will not intercept such information. We will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism. We are not responsible for unauthorized circumvention of website privacy settings or security measures.
2. YOUR RIGHTS
Various state laws provide you with certain rights as a consumer. If you are a resident of any of those states, you may have the following rights:
- The right to correct inaccuracies in your Personal Information
- The right to request that we delete your Personal Information (unless we have a legal obligation to maintain such information)
- The right to obtain a copy of your Personal Information from us that would allow you to transmit the data to another company
- The right to opt out of the use of your Personal Information for purposes of targeted advertising
We will not discriminate against you for exercising your privacy rights.
3. HOW TO EXERCISE YOUR RIGHTS
If you believe you are a resident of any state that has passed applicable laws relating to your privacy rights, please send us your request to exercise any of these rights at Contact Us (https://americanmadeuw.com/contact/).
If you wish to opt out of having your Personal Information used for targeted advertising or remarketing, please contact us (https://americanmadeuw.com/contact/).
4. CATEGORIES OF INFORMATION WE COLLECT
a. We use Personal Information in three ways:
- We collect Personal Information that you provide to us.
- We collect certain Automated Information that may contain Personal Information when you use our Website.
- We may collect Personal Information from public sources or from third parties who have obtained such Personal Information in compliance with applicable laws and have the legal authority to provide such Personal Information to us.
We will only collect Personal Information that is adequate and reasonably necessary for the purposes described in this Privacy Policy.
b. Personal Information You Provide to Us:
The Personal Information you provide to us is generally:
- Contact details including name, email, telephone number and shipping, billing address
- Login and account information, including unique user ID and password
- Personal details, including gender, hometown, date of birth, and purchase history
- Personal preferences, including your wish list as well as marketing preferences
- Purchase history
- Payment or credit card information
We collect Personal Information directly from you when you provide it to us. This typically occurs when you:
- Sign up for our email list
- Place an order with us online
- Send us an email or other communication
- Register for an account with us
- Participate in our promotions, surveys, and contests
- Send us an email or other communication that contains any Personal Information
c. Automated Information:
We also collect information, some of which may be Personal Information, through automated means when you visit our Website (“Automated Information”) such as:
- The IP address of the device you use to connect to the internet (which may include information about your geographic location)
- The unique identifiers of your device
- Your browser characteristics
- Your device characteristics
- Your operating system
- Your language preferences
- The websites you visited before coming to our Website or through which you were referred to our Website
- Information on actions taken by you on our Website
- Dates and times of your visits to our Website
- The pages you accessed on our Website
Most web browsers automatically accept cookies. If you do not wish cookies on your system, you can set your browser to refuse them. Please review the specific instructions from your browser to do this. However, please note that only accepting cookies may make certain features of our Website available and accessible to view or use.
d. Information We Obtain From Third Parties:
We may obtain Personal Information from third parties for marketing and other business purposes. We require that any third parties from whom we may obtain such Personal Information represent that they have acquired it in compliance with all applicable laws and have the right to provide us with such Personal Information for our marketing purposes.
We may also collect Personal Information from publicly available sources.
Third parties may collect information via our Website through cookies, third-party plug-ins, widgets, and other technologies to:
- Deliver our targeted advertisements to you across the Internet;
- Provide us with analytical information about your visit to our Website;
- Please provide us with analytical information about your interactions with our Website and other websites.
- We use WooCommerce to power our online store. You can read more about how WooCommerce uses your Personal Information here: https://woocommerce.com/de/privacy-policy/
- We use Stripe to verify customer payments and fraud. You can read more about how Stripe uses your Personal Information here: https://stripe.com/privacy
5. HOW WE USE THE INFORMATION WE COLLECT
We will use your Personal Information in the following circumstances:
- To fulfil product a product order;
- To send you confirmation of your order;
- To communicate with you about the status of your order;
- To communicate with you about products, promotions, or other topics that we believe may be of interest to you;
- To personalize online content and experiences to you;
- To send you product updates or warranty information;
- To administer your account;
- To advertise our products to you;
- To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Where you have asked us to do so, or consented to us doing so;
- Where we need to do so to perform a contract we have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests; and
- Where we need to comply with a legal or regulatory obligation.
6. CATEGORIES OF THIRD PARTIES WITH WHOM WE SHARE PERSONAL INFORMATION
We are committed to maintaining your trust and want you to understand when and with whom we may share Personal Information and information collected about you. We do not share your Personal Information with any third parties except as set forth herein.
We may disclose your Personal Information to outside individuals and companies that help us bring you the products and services we offer, assist us in advertising and marketing our products to you, and create, operate, and maintain our Website. For example, we may share your Personal Information with other companies or individuals to:
- Manage a database of customer information;
- Host our Website;
- Distribute our marketing and other e-mails;
- Provide payment processing;
- Advertise our products to you;
- Assist us with direct marketing and data collection;
- Provide data storage;
- Provide data analysis;
- Provide fraud prevention;
- Provide order fulfilment and delivery services;
- Provide return services and
- Provide other services designed to assist us in developing and running our Website and maximizing our business potential.
If we seek investors or undergo a business transition, including but not limited to a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be shared as part of the transaction negotiation under an adequate confidentiality agreement and will likely be among the assets transferred in the event of a sale or partial sale of our assets.
We may also disclose or share your Personal Information with other companies or individuals when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Website or the public.
7. DE-IDENTIFIED, ANONYMIZED, OR AGGREGATE DATA
We may use Personal Information to generate and use de-identified, anonymized, or aggregate data for various purposes (“De-Identified Data”). De-identified data cannot reasonably be used to identify you. We will maintain and use De-Identified Data only in de-identified, anonymous, or aggregate form. We will not attempt to re-identify such data except as permitted by applicable law.
8. TARGETED ADVERTISING AND REMARKETING
You may see advertisements for our products/services on other websites and mobile applications because we work with third-party advertisers to engage in remarketing and retargeting activities. Through our relationships with these advertisers, we can target messaging to our users by interest-based, demographic, contextual, and other means. These third-party advertisers track your online activities over time and across websites and mobile applications by collecting information through automated means, including third-party cookies, web server logs, and web beacons. They use this information to show you advertisements tailored to your interests. The information our advertising partners may collect includes data about your visits to websites and mobile applications that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites or apps. This data collection takes place on our Website, third-party websites, and mobile applications that participate in the advertising networks. This process also helps us track the effectiveness of our marketing efforts. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
9. OTHER WEBSITES
Our Website may contain links or references to websites operated by third parties, or you may have come to our Website using a link found on another website. This does not mean we endorse these websites or their goods or services. We do not make any representations or warranties about any website that may be linked to the Website. Such other websites are independent of us, and we have no control over, or responsibility for, their information, products, or activities. Our privacy practices may differ from those of these other websites. If you provide Personal Information at one of these third-party websites, you are subject to the privacy policy of the operator of that Website, not our Privacy Policy. Please ensure you understand the other Website’s privacy policy before providing such Website with any Personal Information.
If you use a third-party website or application to access our Website or your account on our Website, your activities on such third-party sites or apps are governed by their privacy practices. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or how they collect store, or process data.
10. YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT
There are ways by which you can control how your Personal Information is used.
a. Tracking. You can set your browser to refuse some or all cookies or to alert you when cookies are being sent. Please visit the instructions on your specific browser. The “Help” function on most browsers contains information on setting your browser to notify you before accepting cookies, or you can disable them entirely. If you opt out of cookies, you may not be able to take advantage of various features of the Website that are available to other users. For example, we may use cookies to recognize you by name when you return to this Site, so you don’t have to log in again and provide your password each time. If you use more than one browser, you must change each browser’s settings to refuse cookies.
b. Promotional Offers. If you do not wish to receive our promotional offers via email, In that case, you may opt-out by checking the relevant box when we collect your information, logging into your account to update your preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already being processed. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates if we have a data breach or other such communications for which we have a legal obligation to inform you and to prevent fraud or harm to our Website, our business, and third parties.
c. Advertising. If you do not want us to use the Personal Information we collect to deliver advertisements, you can opt out of receiving such advertising by contacting us (https://americanmadeuw.com/contact/).
You may opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/, the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/, or the Network Advertising Initiative (NAI) opt-out tool presently available at http://www.networkadvertising.org/choices/.
If you opt out of receiving advertising or when using the ad industry opt-out tools described above, note that:
- If you opt-out, we may still collect some data about your online activity for operational purposes (such as fraud prevention), but we will not use it to target ads.
- If you use multiple browsers or devices, you may need to execute this opt-out on each one.
- Other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third parties.
We do not make any representations or warranties about such services if you use any third-party opt-out tools listed above. Such services are independent of us; we have no control over or responsibility for their performance.
- Analytics. Our Website uses Google Analytics, a web analysis service of Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, www.google.com (https://www.google.com) (“Google Analytics” or “Google”). Google Analytics employs cookies stored on your computer to facilitate an analysis of your site use. The information generated by these cookies, such as the time, place, and frequency of your visits to our Site, including your IP address, is transmitted to Google’s location in the US and stored there.
2. Our Website employs the extension “anonymizeIp” to use Google Analytics. In doing so, Google abbreviates and thereby anonymizes your IP address. Google uses this information to analyze your use of our Site, compile reports on internet activity for us, and provide other services relating to our Website. You may learn more about Google’s IP anonymization at the following link: https://support.google.com/analytics/answer/2763052?hl=en (https://support.google.com/analytics/answer/2763052?hl=en)
3. Google may also transfer this information to third parties where required by law or where such third parties process this data on Google’s behalf. Google states that it will never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly, as noted elsewhere in this Privacy Policy. However, You should know that you need help fully using our Website’s functions.
Google Analytics also offers a deactivation add-on for most current browsers, giving you more control over what data Google can collect on websites you access. The add-on tells the JavaScript (ga.js) used by Google Analytics not to transmit any information about website visits to Google Analytics. However, the browser deactivation add-on offered by Google Analytics does not prevent information from being transmitted to us or to other web analysis services we may engage.
Google Analytics also uses electronic images known as web beacons (sometimes called single-pixel gifs), which are used along with cookies to compile aggregated statistics to analyze how our Website is used.
You can find additional information on how to install the browser add-on referenced above at the following link: https://tools.google.com/dlpage/gaoptout?hl=en (https://tools.google.com/dlpage/gaoptout?hl=en).
Our products and services also use Google Analytics and its associated tracking technologies to help display the ads you see on other sites and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit https://support.google.com/analytics/answer/181881?hl=en (https://support.google.com/analytics/answer/181881?hl=en) or you may access the Google Analytics Opt Out Browser Add-on, currently located at https://tools.google.com/dlpage/gaoptout (https://tools.google.com/dlpage/gaoptout).
11. DISCLOSURE FOR LEGAL PURPOSES
You authorize us to disclose your Personal Information in judicial and administrative proceedings and to law enforcement or government agencies if legally required. You also allow us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.
12. CHILDREN
We do not knowingly permit persons under 16 to use the Website or collect, use, or disclose Personal Information from anyone under 16. If we determine upon collection of Personal Information that a user is under this age, we will not use or maintain their Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected Personal Information from a child under 16, we will make reasonable efforts to delete such information from our records.
13. CONFIDENTIAL INFORMATION
We do not want you to send us confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas, or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display, and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will only use your name if we are legally required to identify the source of the materials, information, suggestions, ideas, or comments unless we first obtain your permission.
14. NOTICE TO CALIFORNIA CONSUMERS
The following applies to you only if you are a California resident.
a. Your Rights and Choices
The California Privacy Rights Act (“CPRA”) provides consumers who are California residents with specific rights regarding their Personal Information.
b. Right to Access the Personal Information Collected, Disclosed, or Sold
As a California consumer, you have the right to request that we disclose certain information about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request as described below, we will disclose to you the following:
- The categories of Personal Information we collected about you
- The categories of the sources for the Personal Information we collected about you
- Our business or commercial purpose(s) is to collect, sell, or share that Personal Information.
- The categories of third parties to whom we disclose, sell, or share that Personal Information.
- The specific pieces of Personal information we collected about you
c. Right to Request Deletion of Personal Information
As a California consumer, you have the right to request that we delete any or all of the Personal Information that we collected from you or about you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records and notify all of our service providers or third parties to whom we have sold or shared such Personal Information to delete it unless this proves impossible or involves disproportionate effort.
We may deny your request to delete your Personal Information if retaining the Personal Information is necessary for us, our service providers, or our contractors to:
- Complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted by applicable law, provide a good or service that you requested, take actions reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
- Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws when the information’s deletion is likely to render impossible or seriously impair such research if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information.
- Comply with a legal obligation.
d. Right to Correct Inaccurate Information
As a California consumer, you have the right to request that we correct any inaccurate Personal Information that we have retained about you, considering the nature of the Personal Information and the purposes of the processing of the Personal Information.
e. Right to Limit use and Disclosure of Sensitive Personal Information
As a California consumer, you have the right to direct that we limit our use of your sensitive Personal Information to that use which is necessary:
- To perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services.
- This ensures security and integrity to the extent that using your sensitive Personal Information is reasonably necessary and proportionate for these purposes.
- For short-term, transient use, including but not limited to non-personalized advertising shown as part of your interaction with us, provided that your sensitive Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us.
- To perform services on behalf of us or service providers, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
- To undertake activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
If you would like to limit the use and disclosure of your sensitive Personal Information, contact us at Contact Us (https://americanmadeuw.com/contact/).
f. Right to Opt-Out of the Sale or Sharing of Personal Information
As a California consumer, you have the right to direct that we do not sell or share (as those terms are defined in the CPRA) your Personal Information. If you would like to opt out of selling your Personal Information, please get in touch with us at Contact Us (https://americanmadeuw.com/contact/). If you would like to opt out of sharing your personal information, please get in touch with us at Contact Us (https://americanmadeuw.com/contact/).
g. Right to Non-Retaliation if You Exercise any of Your Rights
As a California consumer, you have the right not to be discriminated against for exercising your CPRA rights. Unless permitted by the CPRA, if you exercise any of your California rights, we will not:
- Deny you goods or services.
- We charge you different prices or rates for goods or services by granting discounts or other benefits or imposing penalties.
- Provide you with a different level or quality of goods or services.
- Suggest receiving a different price or rate for goods or services or a different level or quality.
h. How to Exercise Your Rights to Know and to Delete
To exercise your rights to know and to delete described above, please submit a verifiable consumer request to us by either:
- Calling us at (786) 843-6561
- Emailing us at Contact Us (https://americanmadeuw.com/contact/)
Only you or a person registered with the California Secretary of State you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request for your minor child.
You may only make a verifiable consumer request for access or request to know the Personal Information we disclose to service providers or third parties twice within 12 months. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information.
- Describe your request with sufficient detail that allows us to understand, evaluate, and respond to it appropriately.
We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm the Personal Information that relates to you. Making a verifiable consumer request does not require creating an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
i. Response Timing and Format
We will confirm receipt of your verifiable consumer request within ten (10) business days and provide information about how we will process the request, describing our verification process and when you should expect a response. We endeavor to respond to a verifiable consumer request within 45 days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12 months immediately preceding our receipt of your verifiable request. Our response will also explain why we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Useable Personal Information to allow you to transmit the information from one entity to another.
We only charge a fee to process or respond to your verifiable consumer request if it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide a cost estimate before completing your request.
j. Information We Collect From California Consumers
We collect Personal Information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include:
- Publicly available Information or lawfully obtained, truthful Information is a matter of public concern.
- Deidentified or aggregated consumer information
Within the last twelve (12) months, we have collected the following categories of Personal Information from California consumers. Some of the categories may overlap with each other. The below also shows the categories of Personal Information we have shared for business and commercial purposes within the last twelve (12) months. When we disclose Personal Information, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, from information you provide us through our online forms, email, or other means.
- Indirectly from activity on our Sites. For example, details are collected automatically from website usage.
k. Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- We use the information to fulfill or meet the purpose for which it is provided. For example, we can fulfill your product order if you provide us with personal information.
- To provide you with information, products, or services you request from us.
- To provide you with email alerts, event registrations, other notices concerning our products or services, or events or news that may interest you.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
- To improve our Sites and present the contents to you.
- For testing, research, analysis, and product/service development
- As necessary or appropriate to protect our rights, property, or safety, as well as those of us, our Users, or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your Personal Information or as otherwise outlined in the CPRA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.
We may also use or disclose the Personal Information we collect for the following commercial purposes:
- To advance our commercial or economic interests, such as inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
We will only collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes if we provide you notice.
l. Sharing Personal Information
We may disclose your Personal Information to a service provider or third party for business and commercial purposes. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
We disclose your Personal Information for a business purpose to the following categories of third parties:
- Our affiliates.
- Our service providers
- Third parties to whom you authorize us to disclose your Personal Information concerning products or services we provide to you.
- Advertising and marketing companies who deliver our advertisements and promotions to you.
m. Sale of Personal Information
In the preceding twelve (12) months, we have not sold any Personal Information for monetary consideration. We do, however, disclose information for a commercial purpose by working with companies to deliver advertisements to you across the Internet. If you do not wish to have your Personal Information used for this purpose, please click the “Do Not Share My Information” Contact Us (https://americanmadeuw.com/contact/) when you set up an account with us or as shown on the first page of our Sites.
We do not knowingly sell or share the Personal Information of minors under 16 without affirmative authorization.
n. Additional Information
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: Contact Us (https://americanmadeuw.com/contact/) and include the words “CALIFORNIA PRIVACY” in the subject line, and you must put the statement “Your California Privacy Rights” in the body of the request and state the name of our specific website concerning which you are requesting the information as well as your name, street address, city, state, and zip code.
Please note the following:
- Users can visit the Sites anonymously without providing their Personal Information. Still, we may collect Personal Information, such as IP addresses, automatically through cookies or other tracking technologies.
- We will add a link to this Privacy Notice on our home page, or at a minimum, on the first significant page after entering the Sites;
- Our Privacy Policy link includes the word “Privacy” and can be easily found on the page specified above;
- Users will be notified of any privacy policy changes on our Privacy Policy page.
- Users can change their Personal Information by emailing, calling, or updating their online accounts with us.
- Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. We will recognize and process such signals in Users’ web browsers and
- We allow third parties to collect users’ behavioral tracking for analytical and marketing purposes.
o. Grievances and Complaints
Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
p. Notice to Residents of California Regarding Proposition 65
California’s Proposition 65 requires that businesses provide warnings to California residents about products that may contain chemicals that are known to cause cancer, congenital disabilities, or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. Some of our products, including garments with zippers and buttons, handbags, footwear, wallets, fashion jewelry, and other accessories, may contain traces of lead or other chemicals identified by Proposition 65. We provide the following warning to our California customers:
Warning: Some products sold through our Website may, from time to time, contain chemicals known to the State of California to cause cancer, congenital disabilities, or other reproductive harm and may be included on the Proposition 65 chemical list. If you need additional information, please email us at Contact Us (https://americanmadeuw.com/contact/). We will respond as soon as possible and provide you with the information we possess about the materials within our products.
For more information on Proposition 65, please visit https://oehha.ca.gov/proposition-65.
q. Contact for More Information
If you have any questions or concerns about our Privacy Policy or this Notice regarding your privacy or Personal Information, please Contact Us (https://americanmadeuw.com/contact/).
15. NOTICE TO UNITED KINGDOM CONSUMERS
The following applies to you only if you are a resident of the United Kingdom.
a. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or anonymized.
We may collect, use, store, and transfer different kinds of personal data about you, which we have categorized as follows:
- Identity Data includes the following: first name, last name, username or similar identifier, marital status, title, date of birth, and gender.
- Contact Data includes billing address, delivery address, email address, and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes your internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology you use to access this Website.
- Profile Data includes your username and password, purchases or orders made by you, interests and preferences, feedback, and survey responses.
- Usage Data includes information about how you use our Website, products, and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Suppose you fail to provide personal data, and we need to collect personal data by law or under the terms of a contract we have with you. We may not perform our contract or are trying to enter with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
b. SPECIAL CATEGORY DATA
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
c. HOW IS YOUR PERSONAL DATA COLLECTED?
1. Direct interactions. When you use the Website to provide information regarding your identity, contact, and financial details by filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:
- Order a product or service;
- Create an account on our Website;
- Subscribe to our service or publications;
- Request marketing to be sent to you;
- Enter a competition, promotion, or survey;
- Participate in social media activities and engagements;
- Browse from page to page, or
- Give us feedback or contact us.
In these circumstances, we may collect, store, and use the personal data you disclose.
2. Automated technologies or interactions. As you interact with our Website, we will automatically collect data about your equipment, browsing actions, and patterns. We collect this personal data using technologies such as cookies and similar technologies. Please see our Cookie Policy for further details.
3. Third parties or publicly available sources. We will receive personal data about you from various third parties who may collect personal data, including usage or statistical data, through your use of the Website.
4. Updating your information. The personal data we hold about you must be accurate and current. Please keep us informed if your data changes during your relationship with us.
If you want to update the information you previously provided, please contact us at https://americanmadeuw.com/contact/.
d. HOW WE USE YOUR PERSONAL INFORMATION
1. Lawful basis for processing your information. We will only use your data when the law allows us. Most commonly, we will use your data in the following circumstances:
- Where we need to perform the contract, we are about to enter into or have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights, do not override those interests or
- Where we need to comply with a legal obligation.
2. Purposes for which we will use your data. In a table format, we have set out some examples of how we may use the information we collect about you and the lawful basis for doing so.
3. Marketing communications. We strive to provide you with choices regarding certain personal data uses, particularly marketing and advertising. We may use your personal data to help us determine what products, services, and offers may be of interest to you (we call this marketing).
You will receive marketing communications if you have requested information or purchased goods or services from us and have yet to opt out of receiving that marketing. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us or the third party directly.
4. Third-party links. Where we provide links to third-party websites, plug-ins, and applications that are not affiliated with www.americanmadeuw.com, such sites are out of our control and are not covered by this Policy. Clicking on those links or enabling those connections may allow third parties to collect or share data about you, and we do not control these third-party websites. We encourage you to consult the privacy policy of every Website you visit.
5. Cookies. You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
6. Sharing your personal data. Depending on how and why you provide us with your personal data, we may share it in the following ways:
- We may share your personal data with any member of our company group, which means our subsidiaries, our ultimate holding company, and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
- With selected third parties to which we sub-contract to provide various services and aspects of the Website’s functionality or any other third parties to whom you directly authorize us to disclose your data;
- With analytics and search engine providers that assist us in the improvement and optimization of this Website as described above
- With advertising and marketing companies who deliver our advertisements, marketing material, and promotions to you.
We may also disclose your data to third parties in the following events:
- If we were to buy, sell, or transfer any business or assets, whether as a going concern or otherwise, in which case we might disclose your personal data as part of that transaction;
- If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers and contacts will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data to comply with any legal obligation or if we are asked to provide your details to a lawful authority to aid in the investigation of crime or disorder and
- To enforce or apply the terms of use or terms and conditions of sale of our products and services or to protect the rights, property, or safety of our company, customers, or others. This includes exchanging information for fraud protection and credit risk reduction with other companies and organizations.
7. Service Providers (Data Processors). The following is a list of the types of service providers we use:
- Website Analytics Providers: Google Analytics, employing the extension “anonymizelp”
- We use WooCommerce to power our online store. You can read more about how WooCommerce uses your Personal Information here: https://woocommerce.com/de/privacy-policy/
- We use tripe to verify customer payments and fraud. You can read more about how Stripe uses your Personal Information here: https://stripe.com/privacy
8. Change of purpose. We will only use your data for the purposes we collected it unless we consider that we need to use it for another reason. That reason is compatible with the original purpose. If you wish to explain how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis.
Please note that we may process your data without your knowledge or consent in compliance with the above rules where this is required or permitted by law.
e. INTERNATIONAL DATA TRANSFERS
Some of our service providers and third parties may be based outside the UK; as a result, their processing activities will involve transferring your data outside the UK.
Whenever we transfer your data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- Where we use certain service providers, we may use specific contracts approved for use in the UK, which give personal data the same protection it has in the UK. The UK and EU regulators shall approve such contractual clauses and additional safeguards as compliant with the UK and EU GDPR, respectively.
You agree to this transfer, storing, or processing by submitting your personal information.
Please visit Contact Us (https://americanmadeuw.com/contact/) for further information on our specific mechanism for transferring your personal data from the UK.
f. DATA SECURITY
We have implemented appropriate security measures to prevent your personal data from being accidentally lost, used, accessed unauthorized, altered, or disclosed. In addition, we limit access to your personal data to employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and are subject to a duty of confidentiality.
We have implemented procedures to deal with any suspected personal data breach. We will notify you and any applicable regulator of a breach where we are legally required to do so.
g. DATA RETENTION
We will only retain your data for as long as reasonably necessary to fulfill the purposes we collected it for, including satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a more extended period in case of a complaint or if we reasonably believe there is a prospect of litigation concerning our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your data, the purposes for which we process your data, and whether we can achieve those purposes through other means, as well as the applicable legal, regulatory, tax, accounting, or other requirements.
By law, we must keep basic information about our customers (including Contact, Identity, Financial, and Transaction Data) for six years after they cease being customers for compliance purposes. In some circumstances, you can ask us to delete your data: see ‘Your legal rights’ below.
In some circumstances, we will anonymize your data (so that it can no longer be associated with you) for research or statistical purposes; in this case, we may use this information indefinitely without further notice.
h. YOUR LEGAL RIGHTS
You have the right to complain at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
As a data subject, you have several rights to your data. Below, we have described these rights and explained how to exercise them.
- Right of access. You may request access to your processed personal data. This entitles you to obtain a copy of the data we hold on you. The controller will provide a copy unless it is found that providing a copy will adversely affect the rights and freedoms of others.
- Right of rectification. You may request the correction of any personal data we hold about you. This enables you to correct any inaccurate or incomplete data, though we may need to verify the accuracy of the new data.
- Right to restrict processing. Please request that we restrict the processing of your data in certain circumstances. This enables you to limit the use of your data unless you have given your consent or there is a legal or public interest that justifies our use of the data. You have the right if you: (i) contest the accuracy of the personal data; (ii) the processing is unlawful; (iii) you believe there is no longer a use by us of your data and require access for legal claims, or (iv) you exercise your right to object (see below).
- Right to erasure/ Right to be forgotten. You may request the erasure of your personal data. This means that you can ask us to delete any personal data we hold about you in the following circumstances: (i) where we no longer need your data in line with the original reason it was collected; (ii) you have withdrawn your consent (see below); (iii) you have objected to the processing of your data (see below); or (iv) we have used your data unlawfully.
- Right to withdraw consent. We rely on your consent to process your personal data, and you can withdraw your consent anytime. However, this will not affect the lawfulness of any processing before you withdraw your consent.
- Right to object. You may object to the processing of your data at any time. This means that you can stop us from using your data. Please note that this right only arises in certain circumstances, including (i) where we rely on a legitimate interest (or those of a third party) to process your data; (ii) for scientific, historical or statistical purposes; or (iii) for direct marketing purposes. Please note that exercising this right does not automatically erase your data. In some cases, we can also demonstrate that we have a compelling, legitimate reason to process your information, which overrides your rights and freedoms.
- Right to object to automated decision-making and profiling. You have the right to request that you are not subject to a decision based exclusively on automated decision-making (i.e. without human intervention and participation). In addition, you have the right to be informed about using any automated decision-making and profiling of your data and to be given meaningful information about the nature of the processing.
- Right to portability. You may request that we transmit your personal data to you or a third-party controller. We will provide you, or your asked-for third party, with your data in a structured, commonly used, machine-readable format. This right only applies to automated data you initially provided consent for us to use or that is necessary.
If you wish to exercise any of the rights set out above, please Contact Us.
We respond to all requests from individuals wishing to exercise their data protection rights by applicable data protection laws.
i. CONTACT DETAILS
We, AMUW, oversee questions related to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise any of your rights set out above, or if you think the Privacy Policy has not been followed, please get in touch with us at:
The full name of the legal entity is American Made Urban Wear LLC.
Email address: Contact Us (https://americanmadeuw.com/contact/)
16. NOTICE TO EUROPEAN ECONOMIC AREA CONSUMERS
The following applies to you only if you are a resident of the European Economic Area.
This Policy explains your rights as a data subject under Regulation (EU) 2016/679 of the European Parliament and of the Council (the “GDPR”). You must read this Policy and any other privacy policy or fair processing policy we may provide on specific occasions when we collect or process personal data about you so that you are fully aware of how and why we are using your data.
This Policy supplements other notices and privacy policies and is not intended to override them.
By visiting or otherwise using the Website, you agree to its terms (including as amended from time to time) and this Privacy Policy. If, for any reason, you do not agree to the terms of this Policy, please stop using this Website.
THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or anonymized.
We may collect, use, store and transfer different kinds of personal data about you, which we have categorized as follows:
- Identity Data includes a person’s first and last name, username or similar identifier, marital status, title, date of birth, and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes your internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology you use to access this Website.
- Profile Data includes your username and password, purchases or orders made by you, interests and preferences, feedback, and survey responses.
- Usage Data includes information about how you use our Website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
If you fail to provide personal data:
Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
SPECIAL CATEGORY DATA
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
HOW IS YOUR PERSONAL DATA COLLECTED?
1. Direct interactions. When you use the Website, please provide us with information regarding your identity, contact information, and financial details by filling in forms or corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:
- Order a product or service;
- Create an account on our Website;
- Subscribe to our service or publications;
- Request marketing to be sent to you;
- Enter a competition, promotion or survey;
- Participate in social media activities and engagements;
- Browse from page to page, or
- Give us feedback or contact us.
In these circumstances, we may collect, store and use the personal data you disclose.
2. Automated technologies or interactions. As you interact with our Website, we will automatically collect data about your equipment, browsing actions, and patterns. We collect this personal data using technologies such as cookies and similar technologies. Please see our cookie policy for further details.
3. Third parties or publicly available sources. We will receive personal data about you from various third parties who may collect personal data, including usage or statistical data, through your use of the Website.
4. Updating your information. The personal data we hold about you must be accurate and current. Please keep us informed if your data changes during your relationship with us.
If you want to update the information you previously gave us, please contact us at https://americanmadeuw.com/contact/.
HOW WE USE YOUR PERSONAL DATA
1. Lawful basis for processing your information. We will only use your personal data when the law allows us to do so. Most commonly, we will use your data in the following circumstances:
- Where we need to perform the contract, we are about to enter into or have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights, do not override those interests or
- Where we need to comply with a legal obligation.
2. Purposes for which we will use your personal data. Below, in table format, we have set out some examples of how we may use the information we collect about you and the lawful basis for doing so.
3. Marketing communications. We strive to provide you with choices regarding specific personal data uses, mainly marketing and advertising. We may use your personal data to help us determine what products, services, and offers may interest you (we call this marketing).
If you have requested information from us or purchased goods or services from us and have not opted out of receiving marketing communications, you will receive them.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us or the third party directly.
4. Third-party links. We provide links to third-party websites, plug-ins, and applications not affiliated with www.americanmadeuw.com; these sites are out of our control and not covered by this Policy. Clicking on those links or enabling those connections may allow third parties to collect or share data about you, and we do not control these third-party websites. We encourage you to consult the privacy policy of every Website you visit.
5. Cookies. You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
6. Sharing your personal data. Depending on how and why you provide us with your personal data, we may share it in the following ways:
- We may share your personal data with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries;
- With selected third parties to which we sub-contract to provide various services and aspects of the Website’s functionality or any other third parties to whom you directly authorize us to disclose your data;
- With analytics and search engine providers that assist us in the improvement and optimization of this Website as described above;
- With advertising and marketing companies who deliver our advertisements, marketing material and promotions to you.
We may also disclose your personal data to third parties in the following events:
- If we were to buy, sell or transfer any business or assets, whether as a going concern or otherwise, in which case we might disclose your personal data as part of that transaction;
- If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers and contacts will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data to comply with any legal obligation or if we are asked to provide your details to a lawful authority to aid in the investigation of crime or disorder and
- To enforce or apply the terms of use or terms and conditions of sale of our products and services or to protect the rights, property, or safety of our company, customers, or others. This includes exchanging information for fraud protection and credit risk reduction with other companies and organizations.
7. Service Providers (Data Processors). The following is a list of the types of service providers we use:
- Website Analytics Providers: Google Analytics, employing the extension “anonymizelp”
- We use WooCommerce to power our online store. You can read more about how WooCommerce uses your Personal Information here: https://woocommerce.com/de/privacy-policy/
- We use Stripe to verify customer payments and fraud. You can read more about how Stripe uses your Personal Information here: https://stripe.com/privacy
8. Change of Purpose. We will only use your personal data for the purposes we collected it unless we consider that we need to use it for another reason. That reason is compatible with the original purpose. If you wish to explain how the processing for the new purpose is compatible with the original purpose, please get in touch with us.
If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis.
Please note that we may process your personal data without your knowledge or consent in compliance with the above rules where this is required or permitted by law.
INTERNATIONAL DATA TRANSFERS
Some of our service providers and third parties may be based outside the European Economic Area (“EEA”), so their processing activities will involve transferring your data outside the European Union.
Whenever we transfer your data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented; this is likely to include:
- Transferring your personal data only to countries deemed by the European Commission to provide adequate protection for personal data equivalent to that provided by the GDPR.
- Where we use certain service providers, we may use specific contracts approved by the European Commission and the European Data Protection Board. These contracts ensure that the recipient gives personal data the same level of protection as if it were processed in the European Union. The EU regulators shall approve such contractual clauses and additional safeguards as compliant with the GDPR.
By submitting your personal information, you agree to this transfer, storing or processing.
Please contact us at https://americanmadeuw.com/contact/ if you want further information on the specific mechanism we use to transfer your personal data from the EEA.
DATA SECURITY
We have implemented appropriate security measures to prevent your personal data from being accidentally lost, used, accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and are subject to a duty of confidentiality.
We have implemented procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
DATA RETENTION
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your data for a more extended period in case of a complaint or if we reasonably believe there is a prospect of litigation regarding our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
By law, we must keep basic information about our customers (including Contact, Identity, Financial, and Transaction Data) for six years after they cease being customers for compliance purposes. In some circumstances, you can ask us to delete your data: see ‘Your legal rights’ below.
In some circumstances, we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes; in this case, we may use this information indefinitely without further notice.
YOUR LEGAL RIGHTS
You have the right to make a complaint at any time to a supervisory authority, in particular to the supervisory authority that regulates the Member State of your habitual residence, your place of work, or the Member State in which the alleged infringement of your rights took place if you consider that the processing of personal data relating to you has infringed the terms of the GDPR.
However, we would appreciate the opportunity to address your concerns before you approach your supervisory authority, so please contact us in the first instance.
As a data subject, you have several rights regarding your personal data. Below, we have described these rights and explained how to exercise them.
- Right of access. You may request access to your processed personal data. This entitles you to obtain a copy of the data we hold on you. The controller will provide a copy unless it is found that providing a copy will adversely affect the rights and freedoms of others.
- Right of rectification. You may request the correction of any personal data we hold about you. This enables you to have any inaccurate or incomplete data corrected, though we may need to verify the accuracy of the new data provided to us.
- Right to restrict processing. You may request that we restrict the processing of your personal data in certain circumstances. This enables you to limit the use of your data unless you have given your consent or there is a legal or public interest that justifies our use of the data. You have the right if you: (i) contest the accuracy of the personal data; (ii) the processing is unlawful; (iii) you believe there is no longer a use by us of your personal data and require access for legal claims, or (iv) you exercise your right to object (see below).
- Right to erasure/ Right to be forgotten. You may request the erasure of your personal data. This means that you can ask us to delete any personal data we hold about you in the following circumstances: (i) where we no longer need your data in line with the original reason it was collected; (ii) you have withdrawn your consent (see below); (iii) you have objected to the processing of your data (see below); or (iv) we have used your data unlawfully.
- Right to withdraw consent. We rely on your consent to process your personal data, and you can withdraw your consent anytime. However, this will not affect the lawfulness of any processing before you withdraw your consent.
- Right to object. You may object to the processing of your personal data at any time. This means that you can stop us from using your data. Please note that this right only arises in certain circumstances, including (i) where we rely on a legitimate interest (or those of a third party) to process your data; (ii) for scientific, historical or statistical purposes; or (iii) for direct marketing purposes. Please note that the exercise of this right does not automatically result in your data being erased. In some cases, we can also demonstrate that we have a compelling, legitimate reason to process your information, which overrides your rights and freedoms.
- Right to object to automated decision-making and profiling. You have the right to request that you are not subject to a decision based exclusively on automated decision-making (i.e. without human intervention and participation). In addition, you have the right to be informed about using any automated decision-making and profiling of your personal data and to be given meaningful information about the nature of the processing.
- Right to portability. You may request that we transmit your personal data to you or a third-party controller. We will provide you, or your asked-for third party, with your personal data in a structured, commonly used, machine-readable format. This right only applies to automated data that you initially provided consent for us to use or that is necessary.
If you wish to exercise any of the rights set out above, please Contact Us (https://americanmadeuw.com/contact/)
We respond to all requests from individuals wishing to exercise their data protection rights by applicable data protection laws.
CONTACT DETAILS
If you have any questions about this privacy policy, including any requests to exercise any of your rights set out above, or if you think the Privacy Policy has not been followed, please get in touch with us at:
The full name of the legal entity is American Made Urban Wear LLC.
Contact Us (https://americanmadeuw.com/contact/).
17. ASSIGNMENT
We may freely assign this Privacy Policy or any of our rights and obligations to any successor.
18. CONTACT
If you have any questions about your privacy or security on the Website or wish to update your Personal Information, please get in touch with us at https://americanmadeuw.com/contact/.
DATE LAST MODIFIED: November 30, 2024
COOKIE POLICY
Last updated November 30, 2024
INFORMATION ABOUT OUR USE OF COOKIES
- A cookie is a small file of letters and numbers that we store on your browser or, if you agree, on your device’s hard drive. Cookies contain information that is transferred to your device’s hard drive.
- Our Website uses cookies to distinguish you from other users. This helps us provide a good experience when you browse our Website and allows us to improve it.
- We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, website cookies that enable you to log into secure areas of our Website, use a shopping cart, and use e-billing services.
- Analytical or performance cookies allow us to recognize and count the number of visitors and to see how visitors move around our Website when they use it. They help us improve how our Website works, for example, by providing a website where users can find what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our Website. This enables us to prioritize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
4. Please note that the following third parties (including, for example, advertising networks and providers of external services like web traffic analysis services such as Facebook, Google, Loop Return, Signifyd, Shopify, etc.) may also use cookies over which we have no control. These third-party cookies are likely to be analytical, performance, or targeting cookies.
5. To deactivate the use of third-party advertising cookies, you may visit the consumer page to manage the use of these types of cookies:
Cookie Settings
6. You may block cookies by activating the settings on your browser that allow you to refuse the settings for all or some cookies. Alternatively, you can visit www.allaboutcookies.org, which provides general information about cookies and how to manage cookies on your computer. Please note that if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Website.
ACCESSIBILITY
AMUW Website is committed to ensuring that individuals with disabilities can access all of the goods, services, facilities, privileges, advantages, and accommodations offered by American Made Urban Wear LLC through the website www.americanmadeuw.com and its mobile version. Our efforts are ongoing as our current website provider implements the relevant improvements to meet WCAG 2.1 AA guidelines over time.