TERMS AND CONDITIONS
Notice: Shipping times might be slightly delayed due to COVID-19.
The following Terms of Service (TOS) and any other rules posted on our Site (collectively the "TOS") constitute an agreement between SemSem ("SemSem”, "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the SemSem website, related micro-sites accessed through the URL www.semsem.com, related domain names, and any other website or micro-site of SemSem (collectively the "Site").
By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
INSURANCE AND DELIVERY
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
SemSem insures each purchase during the time it is in transit until it is delivered to your specified delivery address. At the time of delivery, the responsibility for your purchased goods passes to you. Please note that unless a signature at delivery is specifically requested, you agree to our terms and conditions and, confirm that SemSem can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorise SemSem to leave the package(s) at the shipping address without obtaining a signature and release and indemnify SemSem from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
Items should be returned unused within 7 days of receipt, and with all SemSem garment tags still attached. Returns that are damaged or soiled will not be accepted and will be returned to the customer.
Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.
All returns should be requested & confirmed before you send your item(s) back to us to allow for easy identification and prompt processing.
Items that are discounted or on sale cannot be returned or exchanged. Made to order and customized items cannot be returned or exchanged.
We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and may, at our discretion, lead to the closure of your SemSem account or future orders being refused.
Please be aware that we will not be held responsible for any items that are returned to us which were not purchased from www.semsem.com. This includes personal items as well as items which may have been purchased from other third party companies. Whilst we will make reasonable efforts to try and locate the owner of any such items, it is your responsibility to contact Customer Care as soon as possible in order to arrange their return to you. In such circumstances, we will charge you an additional cost for returning these items. Please note that we will only ever be able to return the items to you directly, and not to any third party or company. Certain items (such as passports, driving licences and bank cards) will always be sent to the relevant authority, bank or government agency directly and you should report any loss of these items to the appropriate office immediately.
We will keep non-SemSem items for up to one month, however we reserve the right to dispose of them as we deem fit after this time (which may include donating such items to a charity of our choice). Any hazardous or flammable products, as well as items of little monetary value (e.g. pens, glasses, keys) will be disposed of immediately.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including SemSem Software and all HTML and other code contained in this Site, shall remain at all times vested SemSem and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by SemSem and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. SemSem tries to ensure that the information on this site is accurate and complete. SemSem does not warrant or represent that SemSem Content is accurate, error-free or reliable or that your use of SemSem’s Content will not infringe rights of third parties. Your use of the Web Site is at your risk. SemSem does not warrant that the functional aspects of the Web Site or SemSem’s Content will be error free or that this Web Site, SemSem Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or SemSem’s Content results in the need for servicing or replacing property, material, equipment or data, SemSem is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. SemSem and its suppliers make no warranties about SemSem Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. SemSem reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that SemSem is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
At our request, you agree fully to defend, indemnify and hold harmless SemSem immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent at:
GENERAL LEGAL TERMS
(a) Complete Terms: The TOS constitute the whole legal agreement between you and SemSem and govern your use of the Services and completely replace any prior agreements between you and SemSem in relation to the Services. Notwithstanding the foregoing, you understand that SemSem may make changes to the TOS from time to time. When these changes are made, SemSem will make a new copy of the TOS available at www.semsem.com. You agree that SemSem is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
(b) Modifications to the Services: SemSem is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which SemSem provides may change from time to time without prior notice to you. You further acknowledge and agree that SemSem may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at SemSem’s sole discretion, without prior notice to you.
(c) Confidentiality: You understand that SemSem grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SemSem reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that SemSem has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which SemSem may suffer) of any such breach.
(e) Rights Not Waived: You agree that if SemSem does not exercise or enforce any legal right or remedy which is contained in the TOS (or which SemSem has the benefit of under any applicable law), this will not be taken to be a formal waiver of SemSem's rights and that those rights or remedies will still be available to SemSem.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
(g) Governing Law: The TOS, and your relationship with SemSem under the TOS, shall be governed by the laws of the State of New York. You and SemSem agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(h) Violation of TOS: Please report any violations of the TOS by emailing firstname.lastname@example.org
(i) Independent Relationship: You and SemSem are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and SemSem. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.