TERMS AND CONDITIONS FOR USE OF THE WEBSITE
Last updated: 31-03-2026
WELCOME TO THE JACK&JONES WEBSITE, WWW.JACKJONES.COM, OWNED AND OPERATED BY BESTSELLER STORES US LLC, 1209 ORANGE STREET, 19801, WILMINGTON, DELAWARE, USA (“BESTSELLER,” “WE,” “US” AND “OUR”). THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE (THE “TERMS”) GOVERN YOUR USE OF THE WEBSITE AND BESTSELLER’S MOBILE APPLICATION, CONTENT, PRODUCTS, CUSTOMER CLUB PROGRAMS, AND SERVICES (COLLECTIVELY, THE “WEBSITE”). PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.
We provide the Website in order to enable you to browse and purchase products that we offer for sale on the Website (collectively, the “Products”). BY TICKING THE CHECKBOX INDICATING YOUR AGREEMENT OR BY USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE TERMS AND CONDITIONS FOR SALE AND OUR PRIVACY POLICY , WHICH ARE HEREBY INCORPORATED BY REFERENCE. If you do not agree to these Terms in their entirety, then you must exit and discontinue any use of the Website immediately.
Note that we sometimes link to the website www.bestseller.com (the “EU Site”), which is owned by BESTSELLER A/S in Denmark, and not by us. If you click on the link you will be re-directed to the EU Site, and the Terms and Conditions on the EU Site will apply to you.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND BESTSELLER WITH RESPECT TO THESE TERMS OR YOUR USE OF OUR WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. BY ENTERING THESE TERMS, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. PLEASE REVIEW SECTION 10 (“DISPUTE RESOLUTION AND ARBITRATION”) BELOW FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH BESTSELLER AND YOUR WAIVER OF CLASS ACTION CLAIMS.
1. Access and Use of the Website
- This Website is intended for use by persons over the age of 18 who reside in the United States or any of its territories or possessions. We do not knowingly collect or solicit personally identifiable information from children under 18. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OR ACCESS THIS WEBSITE AT ANY TIME OR IN ANY MANNER. By using this Website, you represent and warrant that you are of legal age to form a binding contract with BESTSELLER and you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
- We may revise these Terms from time to time in our sole discretion. Any changes are effective immediately upon posting the revised Terms on the Website, and apply to all access to and use of the Website thereafter. By continuing to access or use the Website after the revisions are posted, you agree to be bound by the updated Terms.
- We reserve the right to withdraw or amend this Website, including our Product offerings, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
2. Intellectual Property
- All names, brands, trademarks and logos on the Website are the property of BESTSELLER or its affiliates or partners. All such names, brands, trademarks and logos are protected by copyright and/or registered trademarks and may only be used with prior written permission from BESTSELLER. The content and information of the website such as text, design, graphics, icons, images, videos, audio files, databases, database structure and software (including object code and source code) is the property of BESTSELLER or its affiliates or partners.
- BESTSELLER and its affiliates and partners retain all right, title, and interest, including intellectual property rights and all other rights in names, brands, trademarks and logos, text, design, graphics, icons, images, videos, audio files, databases, database structure and software (including object code and source code), in whole and in part, and all derivations, adaptations, or translations, collections, or subsets of the foregoing including or incorporated into the Website (the “Bestseller IP”). Except for the rights expressly granted above, nothing in these Terms shall be construed to transfer any right, title, or interest to you of Bestseller IP (including, without limitation, all intellectual property rights therein). You disclaim and waive all rights to the Bestseller IP and all intellectual property rights therein, other than those rights expressly granted in these Terms, and will assert no claim (copyright, patent, or otherwise) to their use, development, and/or production.
- You may not reproduce, modify, create derivative works of, publicly display or perform, download, store, copy, republish, or distribute content from the Website. You may not access or use for any public or commercial purposes any part of the Website or materials made available through the Website without written permission from us.
3. Privacy
Please read about how we process personal data in our PRIVACY POLICY , which is incorporated by reference. You agree that all information you provide to register with this Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
4. Registration Details
- To make a purchase or, if applicable, to enroll in our Customer Club , you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. If you do not wish to register for an account, you may purchase Products via our Website using the guest check-out option.
- If you choose, or are provided with, a username, password, or any other authenticating or identifying information as part of our security procedures (“Log In Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your Log In Credentials. You agree to notify us immediately of any unauthorized access to or use of your Log In Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Log In Credentials.
- We have the right to disable any Log In Credentials or accounts, at any time in our sole discretion for any or no reason, including if we believe you have violated any provision of these Terms.
5. Products on Website
- The inclusion of any Products or services on the Website does not imply or warrant that these Products or services will be available to purchase.
- We attempt to be as accurate as possible in posted Product descriptions on the website. However, we do not warrant that descriptions, prices, colors, specifications, or other content or information about Products on the website are accurate, complete, reliable, current, or error-free. Certain weights, measures, descriptions and other information are approximate and are provided for convenience purposes only. We reserve the right to change or update content and information and to correct errors, inaccuracies or omissions at any time without prior notice. If we determine that there were inaccuracies in our information about Products, we may cancel your order and notify you of such cancellation.
- It is your responsibility to obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the use of and purchases from this Website and the receipt, possession, use, and sale of any Product purchased from this Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
6. No Warranties
- BESTSELLER makes no warranties regarding the accuracy of the information on the Website. However, you are always welcome to contact us, if you find incorrect information on the Website. BESTSELLER is entitled to change the content of the Website at any time without preceding notice.
- If the Website links to a third-party website, BESTSELLER makes no warranties for the content of such third-party website. These links are made for your convenience only, but you visit a third-party website at your own risk.
- THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY BESTSELLER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
- EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, BESTSELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PRODUCTS.
7. Limitation of Liability
- BESTSELLER is not liable for any delays or for non-performance due to force majeure. For as long as a force majeure situation persists, BESTSELLER is relieved from performance of its obligations.
- To the maximum extent permitted by applicable law, in no event shall BESTSELLER be liable for any damages or losses of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, howsoever caused, including but not limited to, any lost data, lost profits or revenue, lost savings, loss of goodwill, lost business, loss of use or lack of availability of facilities including computer resources, routers and stored data, arising out of or in connection with the use of the Website (including, without limitation, the materials or information provided through the Website or the transactions conducted on or from the Website), and whether caused by tort, breach of contract, or otherwise, even if Bestseller has been advised of the possibility of such damages or claim.
- In particular, and without limiting the preceding paragraph, in no event will BESTSELLER be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, BESTSELLER’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, or subcontractors, or other events beyond the reasonable control of BESTSELLER.
- IF, DESPITE THE LIMITATIONS ABOVE, BESTSELLER IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE WEBSITE OR PRODUCTS, BESTSELLER’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF $100 OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC GOODS OR SERVICES PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE WEBSITE. CERTAIN FEDERAL, STATE OR LOCAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- FOR THE PURPOSES OF THIS SECTION 7, “BESTSELLER” SHALL INCLUDE BESTSELLER’S AFFILIATES AND SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, AND SUPPLIERS.
8. Indemnity
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE RESPONSIBLE FOR YOUR USE OF THE WEBSITE, AND PRODUCTS AND SERVICES (IF ANY) MADE AVAILABLE ON THE WEBSITE, AND YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS BESTSELLER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, AND SUPPLIERS FROM AND AGAINST EVERY CLAIM, LIABILITY, DAMAGE, LOSS, AND EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR ACCESS TO, USE OF, OR ALLEGED USE OF, THE WEBSITE OR PRODUCTS; (B) YOUR VIOLATION OF ANY PORTION OF THESE TERMS, ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED IN THESE TERMS, OR ANY APPLICABLE LAW OR REGULATION; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT OR PUBLICITY, CONFIDENTIALITY, OTHER PROPERTY, OR PRIVACY RIGHT; (D) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY THIRD PARTY; AND (E) FRAUD, INTENTIONAL MISCONDUCT, CRIMINAL ACTS, GROSS NEGLIGENCE, OR NEGLIGENCE COMMITTED BY YOU. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU (WITHOUT LIMITING YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THAT MATTER), AND IN THAT CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THAT CLAIM.
9. Export
You agree that any technology or software that is contained on the Website may be subject to the customs and export control laws and regulations. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By downloading or using Bestseller’s Website, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, any software or technology to a foreign national or a foreign destination in violation of applicable law.
10. Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes between you and BESTSELLER in the most expedient and cost-effective manner, you and BESTSELLER agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, to the fullest extent permitted under applicable law. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims (including, without limitation, substantive claims and threshold questions of the applicability and scope of this Section 10) arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BESTSELLER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Exceptions. Despite the provisions of Section 10(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit any right that is required under applicable law to be granted to either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in
a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. To the fullest extent permitted under applicable law, any arbitration between you and BESTSELLER will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting BESTSELLER.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). BESTSELLER’s address for Notice is:
BESTSELLER Stores US LLC 1209 Orange Street Wilmington, Delaware 19801
The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or BESTSELLER may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BESTSELLER must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
- Fees. Any arbitration hearing will take place at a location to be agreed upon in Delaware, but if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse BESTSELLER for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND BESTSELLER AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BESTSELLER agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Time Limit on Claims. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NO ACTION ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THESE TERMS SHALL BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION. If it applies, this period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.
- Modifications to this Arbitration Provision. If BESTSELLER makes any future change to this arbitration provision, other than a change to BESTSELLER’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to BESTSELLER’s address for Notice, in which case your account with BESTSELLER will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
- Opt-Out Procedure. You can choose to reject this arbitration agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new users, the Opt-Out Notice must be postmarked no later than 30 days after the date you use the Website for the first time. You must mail the Opt-Out Notice to Notice address specified above. The Opt-Out Notice must state that you do not agree to this arbitration agreement and must include your name, address, phone number, and the email address(es) used to log in to the website or mobile applications to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the arbitration agreement. If you opt out of the arbitration agreement, BESTSELLER will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. BESTSELLER users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, BESTSELLER will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
- Severability. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
11. Notice Regarding Apple
This Section only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between you and us only, not with Apple Inc. (“Apple”), and Apple is not responsible for our mobile application(s) or the content thereof. Your right to use the mobile application on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Website. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the mobile application. Apple is not responsible for addressing any claims by you or any third party relating to the mobile application or your possession and/or use of the mobile application, including: (a) product liability claims; (b) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. All such responsibility is allocated between us and you under these Terms. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the mobile application and/or your possession and use of the mobile application infringe third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the mobile application. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You agree that Apple is not responsible for any maintenance and support services in connection with the mobile application. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Notice Regarding Google
This Section only applies to the extent you are using our mobile application(s) on an Android device. You acknowledge that these Terms are between you and us only, not with Alphabet Inc. (“Google”), and Google is not responsible for the mobile application or the content thereof. You agree that Google is not responsible for any maintenance and support services in connection with the mobile application.
13. Spokespersons
From time to time, we may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of BESTSELLER, including on social media channels and platforms (“Spokespersons”). Although such Spokespersons may be compensated or incentivized by BESTSELLER, we neither endorse nor are responsible for any opinion, advice, information, or statements made by any third parties, including the Spokespersons. The opinions expressed by third parties reflect solely the opinions of the individuals who provide them and may not reflect the opinions of BESTSELLER. Spokespersons are required to clearly and conspicuously disclose any material connections to BESTSELLER in all communications concerning the Products, and we disclaim any liability with respect to any Spokesperson’s failure to do so.
14. General
These Terms, together with any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and BESTSELLER regarding your use of our Website. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the Terms or provision of these Terms. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. These Terms and your use of our Website and any disputes arising out of on in relation to these Terms or your use of our Website are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Notwithstanding Section 10 (Dispute Resolution and Arbitration), if a lawsuit or court proceeding is permitted under these Terms, then you and BESTSELLER agree to submit to the exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating any dispute, and you hereby consent to the personal jurisdiction and venue thereof. Except as expressly stated in these Terms or as required by applicable law, there are no third-party beneficiaries under these Terms, the parties do not intend any third-party beneficiaries, and neither party intends for a third party to benefit from its performance under these Terms.
15. Notices
- We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To give us notice under these Terms, you must contact us as follows: (i) by email to customerservice@bestseller.com; or (ii) by overnight courier or registered or certified mail to BESTSELLER Stores US LLC, 1209 Orange Street, Wilmington, Delaware 19801. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. California Residents
If you are a California resident, the following state-specific terms apply to you:
- You shall and hereby do waive California Civil Code Section 1542, which says, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
- Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to customerservice@bestseller.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Contact
If you have any questions or concerns about these Terms, please contact us at customerservice@bestseller.com.
