Terms and Conditions
1. Acceptance of Terms
This website, Kilt And Jacket (the "Site"), is owned and operated by Kilt And Jacket ("We," "Us," or "Our"). We provide you with access to this Site and our online store subject to the following terms and conditions (these "Terms"). By browsing, accessing, using, registering for, or purchasing merchandise on this Site, or by otherwise using Our Services, you agree to all of these Terms, including any policies referred to herein. Please read these Terms carefully.
We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for, or purchase merchandise from the Site.
You represent and warrant that you are at least 18 years old, or that you are visiting this Site under the supervision of a parent or guardian.
2. Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found here:
Please review our Privacy Policy for information on how We collect, use, and share information about our users.
3. Use of This Site
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site.
This license grant does not include:
- Any resale or commercial use of this Site or its content;
- The collection and use of any product listings or descriptions;
- Making derivative uses of this Site and its contents; or
- Use of any data mining, robots, or similar data-gathering or extraction methods on this Site.
You may not use, frame, or utilize framing techniques to enclose any of Our trademarks, logos, content, or other proprietary information (including images, text, or page/form layout found on this Site) without Our express written consent. You may not use any meta tags or other "hidden text" utilizing Our name, trademark, or product names without Our express written consent.
Any breach of these Terms will result in immediate revocation of the license granted in this section, without notice to you.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of this Site, so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive manner. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without Our express written permission.
4. Your Account
Some features of this Site may require you to register. We may assign you, or you may be required to select, a password and username or account identification.
If you register, you agree to:
- Provide Us with accurate and complete registration information;
- Inform Us immediately of any updates or changes to that information; and
- Protect the security and confidentiality of your assigned password and identification.
You must immediately notify Us of any unauthorized use of your password or identification, or any other actual or threatened breach of this Site's security. Each time your password or identification is used, you will be deemed to be authorized to access and use the Site consistent with these Terms, and We have no obligation to investigate the source or authorization of such access.
You are solely responsible for all access to and use of this site by anyone using your password and identification, whether or not such access is actually authorized by you — including all communications, transmissions, and obligations (including financial obligations) incurred through that access or use.
5. Payment and Billing Information
If you wish to purchase any product or service made available through Kilt And Jacket, you may be asked to supply information relevant to your transaction, including your payment method details (such as card number and expiration date), billing address, and shipping information.
You represent and warrant that you have the legal right to use any payment cards or other payment methods used in connection with any transaction.
By submitting this information, you grant Us the right to share it with third parties for the purpose of facilitating transactions initiated by you or on your behalf.
You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when the charges are incurred, including all shipping and handling charges. You authorize Us to charge all order amounts to the payment method you specify. You remain responsible for any applicable taxes on your transactions.
6. Electronic Communication
When you use this Site or send emails to Us, you are communicating with Us electronically, and you consent to receive communications from Us electronically. We will communicate with you by email, by posting notices on this Site, or through Our other services. You agree that all agreements, notices, disclosures, and other communications We provide electronically satisfy any legal requirement that such communications be in writing.
7. Rights in User Content
Except as otherwise provided in these Terms, on this Site, or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant Us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User Content — on this Site, on third-party sites and apps, and in any other media or format, now known or later developed, for any purpose and without compensation to you. You also grant other users of this Site the right to access your User Content in connection with their use of the Site.
By posting User Content, you represent and warrant that:
- The User Content is non-confidential;
- You own and control all rights, title, and interest in the User Content, or otherwise have all rights necessary to post it and grant the rights described in these Terms;
- The User Content is accurate and not misleading or harmful in any manner; and
- Your posting and use of the User Content does not and will not violate these Terms, Our other policies, or any applicable law, rule, or regulation.
8. Feedback
Separate from User Content, you may submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, or other creative materials regarding this Site, Us, or our products or services (collectively, "Feedback"). You agree that Feedback is non-confidential and becomes Our sole property. We own all rights, including intellectual property rights, in and to Feedback, and may use and disseminate it for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Restrictions on Use
You agree that you will not (and will not allow anyone using your password or identification to):
- Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works from, publicly display, sell, rent, license, or commercially exploit any part of this Site, except as expressly permitted in these Terms;
- Remove any copyright, trademark, or other proprietary rights notice from the Site;
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any part of this Site;
- Collect information about other users (including usernames or email addresses) for any purpose other than soliciting or sharing reviews;
- Reformat or frame any part of the Site's web pages;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Send unsolicited electronic communications ("spam") or otherwise interfere with other users' enjoyment of the Site;
- Submit content falsely stating or implying Our sponsorship or endorsement;
- Transmit or upload any virus, worm, malware, Trojan horse, or similar harmful feature;
- Attempt to violate the security of, or gain unauthorized access to, any computer, network, device, or system (including unauthorized attempts to discover passwords or encryption codes);
- Submit unlawful content, or content that facilitates, promotes, or encourages illegal activity, or use the Site to store or transfer illegal, threatening, or obscene material;
- Copy or store any User Content offered on this Site other than for your personal, non-commercial use;
- Impose an unreasonable or disproportionately large data or traffic load on the Site or its supporting infrastructure; or
- Use the Site or any User Content to violate any applicable local, state, federal, or international law.
We have no obligation to monitor user conduct on this Site, but We reserve the right, at Our sole discretion, to monitor conduct at any time and for any reason, without notice.
10. Ownership
As between you and Us, this Site — including all photographs, images, text, graphics, icons, audio clips, software, source code, and other elements (excluding User Content), along with all improvements, modifications, and derivative works, and the collection, arrangement, and assembly of the Site (collectively, the "Site Content") — is owned by Us or Our licensors and protected by applicable copyright law.
You may not use Our trademarks or service marks without Our express written consent, including in any way that is likely to cause confusion, that disparages or discredits Us, or within meta tags. Nothing in these Terms grants you any license or right in Our patents, copyrights, trademarks, trade secrets, or other proprietary rights.
11. Purchases on This Site
11.1 Electronic Transactions
You agree that all transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions remain governed by these Terms unless We provide different terms. You are responsible for printing or electronically saving a copy of these Terms and any other contract or disclosure We are required to provide.
11.2 Pricing, Tax, and Charges
We charge sales tax on merchandise based on the applicable rate for the location to which your order is shipped. When We ship to you, or to another person at your direction, you agree to pay the shipping and handling charges shown at the time your order is placed. We may increase, decrease, add, or eliminate charges at any time without prior notice, so please review all charges before placing an order. Shipping or handling charges shown may or may not reflect Our actual costs.
11.3 Payment Authorization
Only valid credit cards or other payment methods acceptable to Us may be used. By submitting an order, you represent and warrant that you are authorized to use the designated payment method, and you authorize Us to charge your order — including taxes, shipping, handling, and any other listed amounts — to that method. If a payment method cannot be verified, is invalid, or is otherwise unacceptable, your order may be suspended or automatically cancelled.
11.4 Returns and Exchanges
All returns are governed by our Return Policy:
11.5 Accuracy, Errors, and Order Corrections
We attempt to be accurate and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. If an error occurs — on this Site, in an order confirmation, or in processing or delivering an order — We reserve the right to correct the error and revise your order (including charging the correct price), or to cancel the order and refund any amount charged. Your sole remedy for such an error is to cancel your order and receive a refund.
11.6 Availability and Order Refusal
All items are subject to availability. We reserve the right to impose quantity limits on any order, reject all or part of an order, and discontinue products or services without notice, even after an order has been placed. All prices are subject to change without notice. We reserve the right to refuse or cancel orders where the sale or use of a product or service is restricted or prohibited in your state or jurisdiction.
12. Third-Party Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of, or content located on or through, any such site.
13. Termination
You may terminate these Terms at any time by closing your account, discontinuing your use of this Site, and providing Us with notice of termination. We reserve the right, without notice and at Our sole discretion, to terminate your right to use this Site (or any part of it), and to block or prevent your future access to and use of the Site.
14. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Us, Our subsidiaries and affiliates, and Our respective officers, directors, agents, partners, members, employees, independent contractors, service providers, and consultants ("Our Related Parties") from and against any claims, damages, costs, liabilities, and expenses (collectively, "Claims") arising out of or related to:
- Your access to, use, or misuse of this Site;
- Any User Content you post, upload, use, distribute, store, or transmit on or through this Site;
- Any Feedback you provide;
- Your violation of these Terms; and
- Your violation of any rights of another.
You agree to promptly notify Us of any third-party Claims, cooperate with Us in defending such Claims, and pay all associated fees, costs, and expenses (including reasonable attorneys' fees). We retain the right to control the defense or settlement of any third-party Claims.
15. Disclaimers
Except as expressly provided, this Site — including all Site Content and services provided on or in connection with it — is provided on an "AS IS" and "WITH ALL FAULTS" basis, without representations, warranties, or conditions of any kind, express or implied.
We disclaim all other representations, warranties, conditions, and duties, express, implied, or statutory, including but not limited to implied warranties, duties, or conditions of merchantability, fitness for a particular purpose or use, results, title, and non-infringement, and any created by trade usage, course of dealing, or course of performance.
We do not represent or warrant that this Site is accurate, complete, reliable, current, or error-free, or that this Site or Our servers are free of viruses or other harmful components.
16. Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty is your right to return the product or receive a refund under Our applicable returns and exchange policies.
In no event shall we or our related parties be liable for special, indirect, incidental, or consequential damages, including lost profits or loss of business, even if advised of the possibility of such damages. Nor shall our and our related parties' aggregate liability — whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), or other theory, arising out of or relating to these terms or the purchase or use of any products or services through this site — exceed the purchase price of the product or service.
These limitations do not limit or exclude Our or Our Related Parties' gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct.
17. Remedies
You agree that Our remedy at law for any actual or threatened breach of these Terms would be inadequate, and that We are entitled to specific performance or injunctive relief, or both, in addition to any damages We may be legally entitled to recover, together with reasonable dispute-resolution expenses, including attorneys' fees. No right or remedy of Ours is exclusive of any other, whether at law or in equity, including damages, injunctive relief, and attorneys' fees and expenses.
18. Governing Law and Dispute Resolution
[GAP — NOT IN ORIGINAL DOCUMENT: This section should specify which country/jurisdiction's law governs these Terms, and where disputes will be resolved (e.g., courts of a specific jurisdiction, or arbitration). Please confirm this with legal counsel before publishing.]
19. Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions of it, without prior notice.
20. Severability
If any provision of these Terms is deemed invalid, void, or unenforceable for any reason, that provision will be treated as severable and will not affect the validity or enforceability of the remaining provisions.
21. No Third-Party Beneficiaries
These Terms are for the benefit of, and enforceable only by, the parties to them. They are not intended to confer any right or benefit on any third party, or to create any obligation or liability of a party to any third party.
22. Miscellaneous
No agency, partnership, joint venture, or employment relationship is created by these Terms, and you have no authority to bind Us in any respect. We may provide notices — including notices of changes to these Terms — by email, regular mail, or postings on this Site.
These Terms, deemed accepted by you upon your use of the Site, constitute the entire agreement between you and Us regarding use of the Site. Our failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision. If any provision is found unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary so the remaining Terms stay in full force and effect. These Terms may not be assigned, transferred, or sublicensed by you without Our prior written consent.
These Terms include and incorporate by reference Our Privacy Policy and any notices regarding the Site.
23. Questions
Questions regarding these Terms, Our Privacy Policy, or other related policies can be directed to Our support staff by emailing: