Terms of Service

Last updated: Nov 14, 2024 10:42 PM

Notice: Please Read These Terms of Service ("Terms," "Terms of Service") carefully before using the https://oaklandannex.com/ website (the "Site”). These Terms of Service contain important information regarding the limitations of our liability when you use the Oakland Annex website and Oakland Annex social media sites.

Do not use this website if you are not in agreement with the terms and conditions as presented in this Terms of Service document. By using this Site, you indicate that you have read, understand, and comply with these Terms and Conditions and agree to abide by them at all times during the use of this Site.

Site Ownership: This website (“Site”) is owned by Oakland Annex™, a fashion retail brand based in Oakland, CA, USA.

Our Offers and Pricing

We offer goods on this Website. The price of these goods can be found listed on the Website. This price does not include taxes or other fees that you may be charged.

The product information on this Site is provided for the convenience of our customers and Site users and is as accurate as possible. However, we make no guarantee, either express or implied, as to its accuracy or that the products displayed on the Site are always available. While we strive to provide our customers with truly exceptional service online and in our stores, we regret that sometimes, our products are out of stock or not available in a particular size or color. We also welcome your feedback and suggestions regarding any errors that you find on our Site, so that we can promptly address them.

Purchases

When you make a purchase on the Site, you will be able to choose the third party payment processor that will collect your payment information and process your payment. You may make purchases using the following third party payment processor: Stripe. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation Policy

We offer cancellations on purchases made of the goods offered on our Site. We offer cancellations only prior to shipment. You may cancel your order online before purchase or by contacting Oakland Annex at info@oaklandannex.com. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase before shipping.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase. If fraud is suspected, your order will be cancelled. We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund Policy

We offer refunds on purchases made of the goods offered on our Site. To qualify for a refund, you must submit your request to us within 30 days of your purchase date by contacting us. We offer refunds on any purchases made of the goods offered on our Site for any reason. We refund purchases that have not been worn, damaged, stained or otherwise show evidence of wear. Packing slip and receipt of purchase are required for refunds.

You are required to ship your purchased goods back to us to receive a refund. We will not be able to issue you a refund if you do not ship the goods back to us. You will be responsible for paying all shipping and handling costs on any purchases that you are requesting a refund on. Please ship your purchased item(s) along with a copy of the receipt to us at the following address:

Oakland Annex
PO Box: 22054
Oakland CA 94623
United States

Shipping Policy

When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies. Please contact us to gain access to the third party’s identity and policies.

When you purchase our goods, the cost of the shipping will be calculated and presented to you during the checkout process.

The amount of time that it will take to ship the goods to you will be calculated and presented to you when you place your order.

Warranty

The items or services displayed or sold on this Site are provided “as is.” No warranty expressed or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Site, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Remedies

You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:

You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account online at anytime.

Prohibited Uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Oakland Annex or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Site, or which, as determined in our sole discretion, may harm us or the users of this Site or expose us or other users to liability;
  5. Using the Site in any manner that could disable, overburden, damage or impair the Site or interfere with another party’s use of the Site;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Site for any purpose, including monitoring or copying any of the material on this Site;
  7. Using any manual process or means to monitor or copy any of the material on this Site or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Site, including but not limited to AI, viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Site, the server(s) on which the Site is stored, or any server, computer or database connected to the Site;
  10. Attempting to attack or attacking the Site via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Site;
  12. Using the Site in any way that violates any applicable federal, state or local laws, rules or regulations.

No Warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, Errors, and Inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Site. We may experience delays in updating information on this Site and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Site. The inclusion or offering of any product or service on this Site does not constitute an endorsement or recommendation of such product or service by us.

Damages and Limitation of Liability

In no event shall Oakland Annex be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Site or with the delay or inability to access, display or use this Site, including but not limited to your reliance upon opinions or information appearing on this Site; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Site, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Oakland Annex has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, Oakland Annex IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Oakland Annex WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Oakland Annex IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Oakland Annex. The aggregate liability of Oakland Annex arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Oakland Annex from you.

Links to Third Party Websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims

All contents of this Website are ©2017 - 2025 Oakland Annex or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Oakland Annex and are either registered trademarks, trademarks, or otherwise protected intellectual property of Oakland Annex or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Oakland Annex at info@oaklandannex.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address, and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Oakland Annex
Oakland Annex
info@oaklandannex.com
510 290 1215
PO Box: 22054
Oakland CA 94623
United States

Governing Law, Severability, Dispute Resolution and Venue

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Alameda County, California.

You and Oakland Annex agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website and via an email campaign.

Questions

If you have any questions about our Terms of Service, please contact us at info@oaklandannex.com.