Terms & Conditions
Welcome to http://shop.pacsun.com ("PacSun.com" or the "Site"). Pacific Sunwear of California, Inc. and its affiliates ("PacSun") provide website features to you subject to the following Conditions of Use. We may change, update, delete or add to these Conditions of Use over time. By accessing and using this Site, you agree to these Conditions of Use, all other policies set forth within this Site, and all changes or modifications to the foregoing. If you do not agree to these Conditions of Use, such policies, or any modifications thereto, please do not use this Site. It is your responsibility to review these Conditions of Use and applicable policies periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
When you visit PacSun.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to PacSun.com are non-confidential. PacSun reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications. All comments, feedback, suggestions and submissions shall be and remain PacSun property.
All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof, contained on the Site is owned, controlled or licensed by or to PacSun, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
PacSun's Content may not be used in connection with any product or service that is not PacSun's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits PacSun. All other trademarks not owned by PacSun that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PacSun. Nothing on this Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the trademark owner. PacSun aggressively enforces its intellectual property rights to the fullest extent of the law.
￼￼￼￼The Fair Credit Billing Act was passed by Congress in 1975. This Act prohibits your bank or credit card processor from holding you liable for more than $50 on fraudulent charges made to your credit card. If you are held liable for this charge, PacSun.com will reimburse you the $50.
￼License & Site Access
You are granted a limited, non-sub licensable right to access this Site and print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network or broadcast or publications media; 2) market, sell or make commercial use of this Site or any Content; 3) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; 4) make derivative uses of this Site or the Content; or 5) use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
Your use of this Site constitutes your agreement and acceptance without modification of these Conditions of Use. In addition, as a condition of your use of this Site, you represent and warrant to PacSun that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these Conditions of Use. If you do not agree and accept without modification these Conditions of Use, do not use this Site. Other than this agreement and agreements between you and PacSun relating to the sale of products or services to you through this Site, PacSun will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
Any unauthorized use terminates the permission or license granted by PacSun and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PacSun.com so long as the link does not portray PacSun, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PacSun logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PacSun sells products for children, but does not sell products to children. PacSun sells products to adults only, and by using this Site you are representing that you are 18 years old or older. If you are under 18, you may use PacSun.com only with the involvement of a parent or guardian. PacSun will not be liable for any damages that may result from misrepresentation of age by a user of our Site. PacSun reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
￼Risk Of Loss
All items purchased from PacSun.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The Fair Credit Billing Act was passed by Congress in 1975. This Act prohibits your bank or credit card processor from holding you liable for more than $50 on fraudulent charges made to your credit card. If you are held liable for this charge, PacSun.com will reimburse you the $50. ￼
Accuracy, Product Description and Pricing
PacSun strives to be as accurate as possible with its product descriptions and pricing information listed on PacSun.com. However, PacSun does not warrant that product descriptions, pricing information, or other content on the Site is accurate, complete, reliable, current, or error-free. While we will use our best efforts to fulfill all orders, PacSun cannot guarantee the availability of any particular product displayed on the Site. PacSun reserves the right to discontinue the sale of any product listed on the Site at any time without notice. If upon receipt of a product offered by PacSun you find that it is not as described on the Site, your sole remedy is to return it in unused condition.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
PacSun cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
￼Links To Third Party Sites
This Site may contain links to external sites owned or operated by parties other than PacSun. Such links are provided for your convenience and reference only. PacSun does not control outside sites, is not responsible for examining or evaluating outside sites, and is not responsible for their content. PacSun's inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does PacSun's inclusion of the links imply that PacSun is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. PacSun does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and you should carefully review the privacy statements and conditions of use for the third party site.
￼Disclaimer Of Warranties & Limitations Of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PACSUN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PACSUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PACSUN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PACSUN DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM PACSUN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PACSUN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM PACSUN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PACSUN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
￼Choice Of Law
PacSun controls this Site from its offices within the State of California. By visiting PacSun.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PacSun.
￼Links To Third Party Sites
Any dispute relating in any way to your visit to PacSun.com or to products or services sold or distributed by PacSun or through PacSun.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Orange County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Conditions of Use or your use of the Site. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.
￼Site Policies, Modifications & Severability
Please review any other policies posted on this Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
No modification of these Conditions of Use shall be effective unless it is authored by PacSun, or unless it is physically signed in blue ink by a PacSun officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.
PacSun's performance of these Conditions of Use is subject to existing laws and legal process and nothing contained in this agreement is in derogation of PacSun's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by PacSun with respect to such use.
The section titles in these terms of service are for convenience only and have no legal or contractual effect.
If you have any questions about these Conditions of Use, please go to http://shop.pacsun.com/customerservice/ contact/. Although PacSun will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, account
If you have any questions about these Conditions of Use, please go to http://shop.pacsun.com/customerservice/ contact/. Although PacSun will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, account registrations, orders, and other submissions), PacSun does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e- mail or other information. Be aware that internet e-mail typically is not secure.