Terms of service

OVERVIEW

Welcome to DISCONT’D. The terms “DISCONT’D,” “we,” “us,” and “our” refer to DISCONT’D and the entity operating this website.

DISCONT’D operates this website and related online and physical retail services, including all information, content, features, tools, products, and services made available through them (collectively, the “Services”). Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.

These Terms of Service (“Terms”), together with our Privacy Policy, Return & Exchange Policy, Shipping Policy, and any other policies referenced herein, govern your access to and use of the Services and your purchase of products from DISCONT’D.

Please read these Terms carefully. They contain important information regarding your legal rights, remedies, and obligations, including limitations of liability and disclaimers of warranties.

By accessing or using the Services, creating an account, or placing an order, you agree to be bound by these Terms and our applicable policies.

If you do not agree to these Terms, you should not access or use the Services.

Nothing in these Terms limits any rights or remedies available to you that cannot lawfully be waived or limited under applicable law.

SECTION 1 – ELIGIBILITY, ACCESS & ACCOUNTS

By using the Services, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have reached the age of majority and have authorized any minor dependents under your supervision to use the Services.

You agree to provide accurate, current, and complete information when placing an order or creating an account, including your email address, billing information, payment information, and shipping information.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring through your account.

You may not sell, transfer, assign, or license your account to another person without our prior written consent.

We reserve the right to refuse service, suspend accounts, or restrict access to the Services where permitted by law.

SECTION 2 – PRODUCTS & PRODUCT AVAILABILITY

We make reasonable efforts to accurately display and describe our products, including their colors, materials, construction, dimensions, measurements, washes, finishes, and other characteristics.

However, the appearance of a product may vary depending on your device, screen, display settings, lighting conditions, and other factors.

Product availability is not guaranteed. We may limit quantities, discontinue products, restrict sales to certain customers or geographic regions, or modify products at any time without prior notice.

Unless expressly stated otherwise, product descriptions, specifications, measurements, photographs, and other information are provided for general reference.

SECTION 3 – PRODUCT VARIATIONS

Many DISCONT’D products are produced in small batches and may involve manual cutting, sewing, washing, dyeing, distressing, finishing, embroidery, printing, or other production processes.

Because of these processes, individual garments may exhibit minor variations in color, shade, texture, measurements, wash, fading, distressing, stitching, placement, grain, or finish.

Natural materials, including leather, may also contain variations in grain, texture, markings, or color.

Raw and washed denim may change in appearance, color, texture, and fit through wear, washing, and use.

These characteristics may be inherent to the materials or manufacturing processes and do not necessarily constitute defects.

SECTION 4 – SIZING & MEASUREMENTS

Size charts, garment measurements, and fit information are provided as general guidance.

Minor measurement variations may occur as a result of manufacturing, washing, finishing, material characteristics, measurement techniques, or other production processes.

Where DISCONT’D provides instructions regarding how a garment measurement is taken, measurements should be compared using the same method.

The fit of a garment may also vary depending on the wearer’s proportions, preferred fit, and how the garment is worn.

Customers are responsible for reviewing available sizing information before purchasing. If you have questions regarding sizing before placing an order, please contact us at info@discontd.com.

SECTION 5 – ORDERS

Submitting an order constitutes an offer to purchase products from DISCONT’D.

We reserve the right to accept, reject, limit, or cancel an order where permitted by applicable law, including because of product availability, suspected fraud, pricing or listing errors, payment issues, suspected unauthorized resale, or other legitimate business reasons.

An automated order confirmation does not necessarily constitute final acceptance of an order.

Payment must be successfully authorized and processed before an order can be fulfilled.

Customers are responsible for reviewing all order details before completing checkout, including products, sizes, quantities, billing information, and shipping information.

Once an order has entered processing or production, we may be unable to modify or cancel it, subject to any rights you have under applicable law.

We will attempt to contact you using the information provided with your order if we need to modify, reject, or cancel the order.

SECTION 6 – PRICING, PAYMENT & PROMOTIONS

All prices are displayed in the currency indicated on the website and are subject to change without notice.

The price applicable to an order will generally be the price displayed when the order is submitted, subject to correction of obvious pricing or technical errors as permitted by applicable law.

Unless expressly stated otherwise, prices do not include shipping, taxes, customs duties, import taxes, brokerage charges, or other governmental or carrier-imposed charges.

Prices offered online may differ from prices available at DISCONT’D physical locations, events, pop-ups, or through third parties.

Promotions, discount codes, sales, and special offers may be subject to additional terms, eligibility requirements, exclusions, expiration dates, and availability.

You represent that you are authorized to use the payment method submitted with your order and agree to pay all properly disclosed charges associated with your purchase.

SECTION 7 – RETURNS & EXCHANGES

Purchases are subject to our Return & Exchange Policy, which is incorporated into these Terms by reference.

Unless otherwise stated in the applicable policy or required by law, eligible returns are issued as store credit rather than refunds to the original payment method.

Products must satisfy the eligibility requirements stated in our Return & Exchange Policy, including applicable return-request deadlines and condition requirements.

Products that have been worn, washed, altered, damaged after delivery, or otherwise fail to satisfy our return requirements may not be eligible for return or exchange.

Original shipping charges and return shipping charges are non-refundable except where otherwise required by law or expressly stated by DISCONT’D.

Sale, made-to-order, customized, personalized, or other specifically designated products may be subject to different return restrictions where permitted by law. Any such restrictions will be disclosed in the applicable product listing or policy.

Nothing in our Return & Exchange Policy or these Terms limits any refund, replacement, cancellation, or other remedy that must be provided under applicable law.

SECTION 8 – MADE-TO-ORDER & PREORDER PRODUCTS

Certain DISCONT’D products may be offered on a made-to-order, preorder, or otherwise delayed-fulfillment basis.

These products are not immediately available for shipment.

Estimated production and shipment timeframes will be stated on the applicable product page or otherwise communicated at the time of purchase.

By purchasing a made-to-order or preorder product, you acknowledge that the product will not ship immediately and that production may begin specifically in response to your order.

Production and shipping estimates are based on information reasonably available to us when the estimate is provided.

If we determine that we cannot ship an order within the timeframe represented at the time of purchase, we will provide any notice, opportunity to consent to a delay, cancellation option, or refund required by applicable law.

Any legally required refund will be made in accordance with applicable law notwithstanding any otherwise applicable store-credit or final-sale policy.

SECTION 9 – SHIPPING & DELIVERY

Unless otherwise stated on the applicable product page, in-stock products are typically processed and fulfilled within 5–7 business days after an order is placed. Business days do not include weekends or applicable holidays.

Processing and fulfillment times refer to the period required for DISCONT’D to prepare an order for shipment and are separate from carrier transit times.

Made-to-order, preorder, and other products with extended lead times are subject to the production and fulfillment timeframe stated on the applicable product page at the time of purchase.

During sales, product releases, holidays, or periods of unusually high order volume, processing and fulfillment may take longer than our standard timeframe. If a delay affects a customer’s rights under applicable law, we will provide any notice, cancellation option, or refund required by applicable law.

Unless expressly stated otherwise, estimated delivery dates and carrier transit times are estimates and are not guarantees.

Once an order has been tendered to the carrier, delivery may be affected by circumstances outside our reasonable control, including carrier delays, weather, service disruptions, customs processing, governmental actions, or other events.

DISCONT’D is not responsible for carrier delays or other delivery delays outside our reasonable control, except to the extent responsibility cannot legally be excluded.

Tracking information will generally be provided once an order has shipped.

Customers are responsible for monitoring tracking information and promptly addressing carrier notices, attempted deliveries, pickup requirements, or other delivery instructions.

Nothing in this section limits any responsibility or remedy imposed by applicable consumer law.

SECTION 10 – SHIPPING ADDRESSES

Customers are responsible for providing a complete and accurate shipping address at checkout.

Please review your shipping information carefully before submitting an order.

We cannot guarantee that an address can be changed after an order has been submitted or entered fulfillment.

If an order is delayed, misdelivered, or returned because of an incorrect, incomplete, or outdated address supplied by the customer, additional shipping charges may apply before the package can be reshipped.

If the package is returned to DISCONT’D and the customer does not elect or qualify for reshipment, any return, refund, or store credit will be handled according to our applicable policies and applicable law.

SECTION 11 – LOST, STOLEN & MISDELIVERED PACKAGES

If tracking information indicates a delivery problem, customers should contact DISCONT’D and, where appropriate, the applicable carrier as soon as reasonably possible.

DISCONT’D may require reasonable documentation or cooperation from the customer before investigating a lost, stolen, or misdelivered shipment.

Where optional shipping protection is offered and purchased, claims may also be subject to the terms of the applicable shipping-protection provider.

The availability or non-purchase of optional shipping protection does not waive any rights or remedies that cannot legally be waived under applicable law.

Where a carrier confirms successful delivery, claims involving theft or loss occurring after delivery may require investigation with the carrier or other appropriate parties.

SECTION 12 – INTERNATIONAL ORDERS, CUSTOMS & DUTIES

International customers are responsible for understanding the import requirements applicable to their destination country.

Unless expressly stated otherwise at checkout, customers are responsible for all customs duties, import taxes, VAT, brokerage fees, handling fees, and other charges imposed by governments, customs authorities, or carriers.

These charges are separate from amounts paid to DISCONT’D at checkout.

DISCONT’D does not control these charges and cannot guarantee their amount.

Customers are responsible for providing any information or documentation reasonably required by customs authorities or carriers to complete delivery.

Delays caused by customs processing are generally outside DISCONT’D’s control.

SECTION 13 – REFUSED, UNCLAIMED & RETURNED-TO-SENDER PACKAGES

Customers are responsible for accepting delivery and completing any reasonably required carrier or customs procedures.

Packages may be returned to DISCONT’D because of, among other things:

• an incorrect or incomplete address;
• unsuccessful delivery attempts;
• failure to collect a package;
• refusal of delivery;
• unpaid customs duties, import taxes, or carrier charges; or
• failure to provide required customs or delivery information.

If a package is returned to DISCONT’D for one of these reasons, we may require payment of additional shipping and other applicable charges before reshipping the order.

Where permitted by law, any refund or store credit otherwise available may be reduced by non-refundable shipping costs, return shipping charges, customs charges, duties, brokerage fees, or other amounts actually incurred by DISCONT’D as a result of the return.

Nothing in this section permits DISCONT’D to deduct amounts or withhold a refund where doing so would violate applicable law.

SECTION 14 – ORDER ISSUES & DEFECTIVE PRODUCTS

Customers should inspect products promptly after delivery.

If you believe you received an incorrect, damaged, or defective product, contact info@discontd.com as soon as reasonably possible and provide your order information and photographs or other reasonable documentation of the issue.

We may request additional photographs, measurements, packaging information, or other documentation reasonably necessary to evaluate the claim.

Normal wear and tear, damage caused by misuse, improper care, alterations, accidents, or ordinary characteristics and variations described in Section 3 are not necessarily manufacturing defects.

Where a product is determined to be defective, we will provide the remedy required by applicable law and may offer a replacement, repair, refund, store credit, or another appropriate resolution depending on the circumstances.

SECTION 15 – CHARGEBACKS & PAYMENT DISPUTES

If you believe there is a problem with an order or charge, we encourage you to contact us at info@discontd.com so we can attempt to resolve the issue.

Nothing in these Terms limits your lawful right to dispute a charge with your payment provider.

If a payment dispute or chargeback is initiated, we may provide the payment processor, financial institution, or other relevant party with information reasonably necessary to respond to the dispute, including order records, communications, tracking information, delivery confirmation, applicable policies, and other transaction documentation.

We will not knowingly collect a fee, restrict a legally required remedy, or condition a legally required refund in a manner prohibited by applicable law.

SECTION 16 – INTELLECTUAL PROPERTY

The Services and their contents, including trademarks, logos, product names, photographs, videos, graphics, text, designs, layouts, artwork, and other materials, are owned by or licensed to DISCONT’D and are protected by applicable intellectual property laws.

The Services are provided for personal, non-commercial use.

Except as expressly authorized by us, you may not reproduce, copy, distribute, modify, publish, display, transmit, create derivative works from, commercially exploit, or otherwise use protected DISCONT’D content.

DISCONT’D’s names, logos, product names, designs, and slogans may constitute trademarks or other intellectual property of DISCONT’D and may not be used without prior written authorization.

All rights not expressly granted are reserved.

SECTION 17 – THIRD-PARTY SERVICES & LINKS

The Services may contain links to, integrations with, or functionality provided by third parties.

We do not control and are not responsible for third-party websites, services, content, policies, or practices.

Your use of third-party services may be governed by separate terms and privacy policies established by those third parties.

Accessing a third-party website or service through our Services is at your discretion and subject to applicable law.

SECTION 18 – SHOPIFY

Our online store is hosted and supported by Shopify.

Shopify provides the ecommerce infrastructure that enables us to offer products and Services online, but purchases from the DISCONT’D store are transactions between you and DISCONT’D.

Shopify’s collection and processing of personal information may be governed by Shopify’s own terms and privacy policies.

Nothing in these Terms creates an obligation or liability for Shopify beyond obligations that Shopify independently has under applicable law.

SECTION 19 – PRIVACY

Our collection, use, disclosure, and processing of personal information is governed by our Privacy Policy.

Because our online store is powered by Shopify and may use other service providers, certain personal information may also be processed by Shopify and other third parties that assist us in operating our business and providing the Services.

Please review our Privacy Policy for additional information.

SECTION 20 – FEEDBACK, REVIEWS & SUBMISSIONS

If you voluntarily submit reviews, suggestions, feedback, photographs, ideas, proposals, or other content to DISCONT’D (“Feedback”), you grant DISCONT’D a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, display, distribute, and otherwise use that Feedback in connection with our business, Services, and marketing, subject to applicable law.

You represent that you own or otherwise have the rights necessary to provide the Feedback and that our permitted use of it will not violate the rights of another person.

You remain responsible for the accuracy and legality of content you submit.

We may remove or decline to display Feedback where permitted by law.

SECTION 21 – ERRORS, INACCURACIES & OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, omissions, technical errors, or outdated information relating to product descriptions, pricing, promotions, availability, shipping charges, transit times, or other matters.

We reserve the right to correct such errors and update information where permitted by law.

Where legally permitted, we may cancel an order affected by a material pricing, inventory, or listing error. If payment has already been collected for an order that we cancel, we will provide the appropriate refund.

SECTION 22 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

• violate applicable law;
• infringe intellectual property or other rights;
• engage in fraud or provide intentionally false information;
• impersonate another person or entity;
• introduce malware, viruses, or malicious code;
• interfere with the operation or security of the Services;
• attempt to gain unauthorized access to accounts or systems;
• scrape, extract, reproduce, or commercially exploit protected content through unauthorized automated means;
• collect personal information about others without authorization; or
• engage in conduct intended to disrupt or misuse the Services.

We may restrict or terminate access where we reasonably determine that these Terms have been violated.

SECTION 23 – TERMINATION

We may suspend or terminate your access to the Services where permitted by law, including for violation of these Terms, fraud, abuse, security concerns, or misuse of the Services.

Termination does not affect obligations or rights that accrued before termination.

Provisions that by their nature should survive termination, including intellectual property, limitations of liability, indemnification, governing law, and other applicable provisions, will continue to apply.

SECTION 24 – DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

EXCEPT AS EXPRESSLY PROVIDED BY DISCONT’D OR REQUIRED BY LAW, WE DISCLAIM WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS DISCLAIMS ANY WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.

SECTION 25 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCONT’D AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WHERE PERMITTED BY LAW, LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR SIMILAR DAMAGES.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED OR LIMITS ANY NON-WAIVABLE CONSUMER RIGHT OR REMEDY.

SECTION 26 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DISCONT’D and its affiliates, owners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable attorneys’ fees arising from your material violation of these Terms, violation of applicable law, infringement of another person’s rights, or misuse of the Services.

SECTION 27 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will remain in full force and effect.

SECTION 28 – WAIVER & ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and other terms incorporated by reference, constitute the agreement between you and DISCONT’D concerning your use of the Services and supersede prior agreements relating to the same subject matter.

Nothing in this section limits representations or rights that cannot legally be excluded or waived.

SECTION 29 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, change of control, or other lawful business transaction, subject to applicable law.

SECTION 30 – GOVERNING LAW & VENUE

These Terms and any dispute arising from or relating to the Services or these Terms will be governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent another jurisdiction’s laws must apply as a matter of law.

Subject to any rights or venue requirements that cannot lawfully be waived, disputes arising from these Terms or the Services will be brought in the state or federal courts having jurisdiction where DISCONT’D maintains its principal place of business in California.

Nothing in this section deprives a consumer of protections or rights that cannot lawfully be waived under applicable law.

SECTION 31 – CHANGES TO THESE TERMS

We may update these Terms from time to time.

The current version will be posted on this page with an updated “Last Updated” date.

Where required by law, we will provide additional notice of material changes.

Changes will apply prospectively from their effective date unless applicable law permits otherwise.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 32 – CONTACT INFORMATION

Questions regarding these Terms may be directed to:

DISCONT’D
Los Angeles, California
Email: info@discontd.com

Additional business or tax identification information will be provided where required by applicable law.