Sale Terms
Sale Terms
Updated: October 2024These Sale Terms contains a mandatory dispute resolution provision that includes a binding arbitration agreement with a class action waiver, and jury trial waiver that affect your rights. The arbitration provision requires that disputes be resolved in individual arbitration or small claims court proceedings. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please review carefully.
By purchasing merchandise, gift cards, and/or e-gift cards from Abercrombie & Fitch ("A&F," "we," "our," or "us") via Abercrombie.com, any other microsites or mobile websites we operate or use (the "A&F Website"), the mobile applications we make available for download on your personal device ("Apps") or social media pages we operate on Facebook, Twitter, Instagram, LinkedIn, and other social media platforms ("Social Media Pages"), you agree to be bound by these terms and conditions ("Sale Terms" or "Agreement"), including the Dispute Resolution provision found below with its binding arbitration agreement and jury trial and class action waivers. Any of the following situations, among others, may be referred to as an order that was purchased from the A&F Website for purposes of these Sale Terms: (i) you placed an order via Abercrombie.com (desktop or mobile); (ii) you placed an order via the Pickup in Store feature (i.e., you placed an online order to be picked up in a store) offered on Abercrombie.com; (iii) you placed an online order while in an A&F or abercrombie kids store located in the United States and the order is to be fulfilled via shipment; (iv) you placed an order via the A&F mobile app; (v) you placed an order via an A&F microsite; or (vi) you placed an order via the telephone.
The current version of the Sale Terms is available at Abercrombie.com. Because the Sale Terms are subject to change at any moment without prior notice, please review and save a copy of the Sale Terms prior to placing your order. If you have questions in regards to these Sale Terms and/or any aspect of your order, then please contact the A&F Customer Service Department by email at Abercrombie@Abercrombie.com or by telephone at +1-866-681-3115 or +1-925-359-2579.
Order and Acceptance
- Each part of an order that you submit to A&F constitutes an offer to make a purchase. If you have placed your order through the A&F Website, then, after A&F receives your order, you will receive an email from A&F confirming receipt of your order (usually in minutes). If you do not receive an email from A&F confirming receipt of an order that you placed, please contact the A&F Customer Service Department at the contact information provided above before you attempt to resubmit for the same order. Please note that A&F's confirmation of receipt of your order does not equate to A&F's acceptance of your order.
- A&F is not deemed to have accepted any part of your order until the requested item(s) has/have been shipped and A&F has sent a Shipment Confirmation Email or a Ready for Pickup Email. You may track the progress of your order on the Track My Order page.
- If A&F rejects your order due to an error in pricing and/or other information, then A&F will notify you at the email address that you have provided. Once the error has been corrected, A&F will ask you whether or not you would like to re-submit your order. If A&F has notified you that your order has been accepted by sending you a Shipment Confirmation Email or a Ready for Pickup Email, then you will not be required to pay a price that is greater than the order total that is listed in the email. If A&F has distributed merchandise that is different from the description of the relevant merchandise (as displayed on the A&F Website at the time at which you placed your order), then you may request a return or an exchange. For additional details, please review the A&F Returns and Exchanges Policy outlined below.
Although it is unlikely that A&F would refuse to accept an order, A&F reserves the right to deny any order for any reason, including where the following situations arise:
Product and Pricing Information or Changes
A&F strives to provide the most accurate and up-to-date representations of our products on our Website. We take reasonable steps to ensure that pricing, product descriptions, promotions, offers, availability, and other aspects not enumerated are correct at the time the relevant information is entered into the system. However, occasionally, our Website may contain typographical errors, inaccuracies, or omissions that may relate to pricing, and other aspects of products. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any product information is incorrect at any time without prior notice. This includes the right to cancel your order after it has been submitted if there are any inaccuracies on our Website. If this occurs, then A&F will contact you so that you are aware of the situation. If you believe your order has been cancelled by mistake, please contact A&F by email at OrderService@Abercrombie.com.
Error(s) in Billing, Payment, and/or Shipping Information
Some orders cannot be processed due to erroneous information that you have provided, which includes, but is not limited to:
- Incorrect credit card or debit card number, expiration date, and/or security value.
- Other incorrect information regarding payment types.
- Incorrect billing information (e.g., when you provide billing information that is inconsistent with the billing information that your financial institution has on record).
- Insufficient or incorrect information regarding your shipping address (e.g., street address, city, state, zip or postal code, etc.).
- Suspected fraudulent information.
Delayed Shipment or Unavailability of Merchandise
If an item of merchandise is delayed out of the A&F fulfillment center or becomes unavailable, then A&F may cancel the order. If this occurs, then A&F will contact you so that you are aware of the situation.
Reshipping of Merchandise
A&F's policies do not allow merchandise to be reshipped in any way. Any order that is being shipped to a "Freight Forwarding Company" will not be accepted. A complete listing of countries to which A&F ships can be accessed on the Shipping & Handling page.
Resale of Merchandise
A&F is a private label brand. In order to protect A&F's intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. A&F will not accept any order that is deemed to possess characteristics of reselling. A&F reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
Previous Fraudulent Order History
A&F may refuse to accept any order if fraudulent activity is suspected. A&F may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders. A&F may refuse any order that is connected with a previous credit card dispute.
Gift Wrap Service
The Gift Wrap service is not available for Pickup in Store orders or may not apply to some items. The Gift Wrap service may be cancelled for some items or orders (depending on the location from which the merchandise is being shipped).
Custom and Personalized Products
Custom and personalized product sales are final and are not eligible for returns, exchanges, cancellations or alterations. Custom and personalized products include, but are not limited to, products that are embroidered, embellished, or personalized with a photograph at the customer's request. If you are unsure whether a product is custom or personalized, please contact the A&F Customer Service Department before placing the order.
Engagement With A&F and Affiliates
A&F, Hollister Co., and abercrombie kids (collectively the "Company") reserve the right to block from receiving marketing communications and/or the right to remove and/or unsubscribe from all Company platforms any email address, phone number, and/or mailing address that is associated with a customer who has been determined by the Company to possess characteristics of reselling and/or a customer order that has been determined by the Company to be fraudulent. Company platforms affected by such removal and/or unsubscriptions include, but are not limited to: (i) any of the Company's online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; and/or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing and/or registering for each of the aforementioned platforms in the future.
Returns and Exchanges
Holiday Return: With the original receipt, merchandise purchased between November 1 and December 31 may be returned for a full refund of the purchase price in the original form of payment through January 31 the following year.
If you are not satisfied with your purchase made on the A&F Website or App, return it to us for a refund or exchange subject to the following terms:
- To receive a full refund to the original payment method or to receive merchandise credit, merchandise's return or exchange must be initiated within 30 days of the estimated delivery date of the last shipment or the actual delivery date of the last shipment, whichever occurs later. The return or exchange must be returned in resalable condition accompanied with the original receipt, invoice, or order confirmation. Merchandise must also be returned in its original individual packaging where applicable (e.g., fragrance, shoe, or accessory boxes, etc). Select merchandise will be accompanied with a tag that must stay attached in order to return or exchange the item.
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The 30-day return period will be applied to the three different return/exchange methods as follows:
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Return/Exchange to store: return/exchange must occur within 30 days of the estimated delivery date of the last shipment or the actual delivery date of the last shipment, whichever occurs later.
- To return or exchange your merchandise at an Abercrombie & Fitch or Abercrombie kids store, please bring your items and order invoice to a store. Online orders must have been placed in USD to be returned or exchanged in a store in the United States.
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Return/exchange using our online returns and exchanges process: return/exchange must be initiated within 30 days of the estimated delivery date of the last shipment or the actual delivery date of the last shipment, whichever occurs later. A fee of $7.00 will be deducted from your refund. This fee does not apply to exchanges, only returns.
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To return or exchange your merchandise online, visit the Start My Return page to start your return/exchange now. Upon submitting your online return, you will receive a return label or QR code via email. A fee of $7.00 will be deducted from your return to use this label. This fee does not apply to exchanges. Drop off your return with the carrier and your refund or exchange will be processed as soon as we have processed your return.
- If an invoice was not included in your package, please print and use the return label or use the QR code that is emailed to you after submitting your return online.
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For customers whose return/exchange includes personal care items (e.g., perfumes, candles, etc.) only, you may return/exchange to a store or go to the Start My Return page and select "Ship It Myself." Follow the prompts to return/exchange via post, using your own return carrier. You will be responsible for the return shipping costs. If an invoice was not included in your package, please print your order confirmation email that was sent to you at order placement and include it in the return package.
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For VIP myAbercrombie Members, after 30 days but within 60 days of the estimated delivery date of the last shipment or the actual delivery date of the last shipment, whichever occurs later, you will only be eligible to receive merchandise credit or an exchange. To qualify, you must already be at VIP status on the date you placed your order. The return or exchange must be returned in resalable condition with the original receipt, invoice, or order confirmation. Merchandise must also be returned in its original individual packaging when applicable (e.g., fragrance, shoes, or accessory boxes, etc.). Select merchandise will be accompanied with a tag that must stay attached in order to return or exchange the item.
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The 31-to-60-day merchandise credit or exchange time period will be applied to the three different return/exchange methods as follows:
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Return/Exchange to store: return/exchange must occur within 31 to 60 days of the estimated delivery date of the last shipment or the actual delivery date of the last shipment, whichever occurs later.
- To return or exchange your merchandise at an Abercrombie & Fitch or Abercrombie kids store, please bring your items and order invoice to a store. Online orders must have been placed in USD to be returned or exchanged in a store in the United States.
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Return/exchange using our online returns and exchanges process: return/exchange must be initiated within 31 to 60 days of the estimated delivery date of the last shipment or the actual delivery date of the last shipment, whichever occurs later. A fee of $7.00 will be deducted from your refund. This fee does not apply to exchanges, only returns.
- To return or exchange your merchandise online, visit the Start My Return page to start your return/exchange now. Upon submitting your online return, you will receive a return label or QR code via email. A fee of $7.00 will be deducted from your return to use this label. Drop off your return with the carrier and your refund or exchange will be processed as soon as we have processed your return.
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If an invoice was not included in your package, please print and use the return label or use the QR code that is emailed to you after submitting your return online.
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For customers whose return/exchange includes PC items (e.g., perfumes, candles, etc.) only, you may return/exchange to a store or go to the Start My Return page and select "Ship It Myself. Follow the prompts to return/exchange via post, using your own return carrier. You will be responsible for the return shipping costs. If an invoice was not included in your package, please print your order confirmation email that was sent to you at order placement and include it in the return package.
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- Once we process your return, you will receive an email notification regarding your refund.
- Merchandised purchased in store is subject to the store's return policy.
Orders with shipping speed of Same Day Delivery can only be exchanged in-store at this time. They are not eligible for online exchanges.
If you received the wrong item(s) in your order or you did not receive all of parts of your order, please let us know within thirty (30) days from the date of delivery or notice of delivery. We will validate your request before getting the right item(s) to you if we can or we will refund you if we cannot. We may also request proof that the wrong item(s) was received. After thirty (30) days from the date of delivery or notice of delivery, returns, refunds, and replacements are handled on a case-by-case basis.
Final Sale Items: Products marked as final sale, custom products, or personalized products are final and are not eligible for returns, exchanges, cancellations or alterations. This will not include merchandise that is faulty, damaged, or does not correspond to its description. If you believe that is the case, please reference the "Quality of Your Merchandise" section below. Custom and personalized products include, but are not limited to, products that are embroidered, embellished, or personalized with a photograph at the customer's request. If you are unsure whether a product is custom or personalized, please contact the A&F Customer Service Department before placing the order. In addition, for hygienic purposes, face masks are not eligible for return or exchange in store or online.
Promotional Returns: All applicable promotions, discounts, offers, and free or discounted items granted as part of a qualifying purchase will be prorated and applied to your subsequent refund amount. If complimentary merchandise received as part of a qualifying purchase in not included in a return that results in the original transaction falling below the qualifying purchase threshold, and the return transaction is insufficient to cover the value of the complimentary merchandise, you will only be eligible to receive merchandise credit for the value of the return.
If you placed an order in store and paid cash, any refunds, cancellations or returns will initiate an email allowing you to go back to an Abercrombie & Fitch or abercrombie kids store location in the US within 10 days to receive your refund. You will need to provide your name and address. If you do not return to a store within 10 days, an e-gift card will be sent to the email address used on your order.
Quality of Your Merchandise
If you believe that your A&F or abercrombie kids merchandise is faulty, damaged, or does not correspond to its description on our Website, call us at +1-866-681-3115 or +1-925-359-2579.
Customer Initiated Order Cancellations and Changes
You may make changes to or cancel your order at any time prior to the packing of your order in the A&F Distribution Center. To make changes to or cancel your order, please contact the A&F Customer Service Department by email at Abercrombie@Abercrombie.com or by telephone at +1-866-681-3115 or +1-925-359-2579.
If you placed your order via the A&F Website and your order has already been packed, then you may request a return or an exchange in an A&F store located in the US or you may send the merchandise back to A&F in accordance with the A&F Returns and Exchanges Policy (above). All sales of Gift Cards and E-Gift Cards are final. All sales of Gift Cards and E-Gift Cards are subject to the terms outlined in the "Gift Card Details" (found on the Gift Card page) and the "E-Gift Card Details" (found on the E-Gift Card page), respectively.
If you place an order via the Pickup in Store feature offered on the A&F Website, you no longer want the merchandise that you ordered, and at least one of the following situations applies to you, then you may request a refund by contacting the A&F Customer Service Department at the phone number provided above: (i) your order has already been pulled from the inventory of the selected store and is ready to be picked up at the selected store; or (ii) your order has already been packed in the A&F Distribution Center and has arrived at the selected store. If you fail to pick up your order within ten (10) days of the date on which the final item of merchandise is ready to be picked up at the selected store, then your order will be automatically returned. Following the cancellation of your order, a refund will be issued to your original means of payment, or a merchandise credit will be issued if you originally paid for the order using a gift card or an e-gift card.
Merchandise on Backorder
Merchandise on backorder is temporarily out of stock. If A&F is unable to ship any merchandise on backorder seven (7) days from the date on which the item backorder email was issued, then A&F will notify you at the email address that you have provided. You will not be charged for merchandise on backorder until it has been shipped. The shipping and handling for each item in an order is distributed so that it is directly proportional to the cost of an item; you will not be charged in the applicable proportional amount until the respective item has been shipped. All items in an order will be shipped via the shipping service type that you selected when placing your order. The status of a backordered item will remain open in an order until: (i) the merchandise is in stock, A&F has taken payment, and A&F has shipped the merchandise; (ii) A&F has contacted you to inform you that an item has been cancelled; or (iii) you contact A&F for the purpose of making a change to or cancelling your order.
Prices and Payments
A&F may vary the price of its merchandise at any time. After A&F has accepted an order, A&F will not alter the price (except for merchandise that is eligible for a price adjustment).
Price Adjustments
Orders That Will Be Shipped to the US and/or Canada
If you have ordered merchandise via the A&F Website and A&F has reduced the price of any item of merchandise (of the same color and size) in your order, then A&F is happy to process a price adjustment for you. Please note that you may only do so within fourteen (14) days of the date on which you placed your order. A&F offers price adjustments only for merchandise purchased at the full price. Each item that you purchase from A&F is eligible for only one (1) price adjustment. In order to request a price adjustment, please contact the A&F Customer Service Department by email at Abercrombie@Abercrombie.com or by telephone at +1-866-681-3115 or +1-925-359-2579. Please remember to include your order number and other details regarding the merchandise that you believe to be eligible for a price adjustment.
In Store Price Adjustment
Find a better price on the A&F website? If the product is a match, we'll match the lower price in stores.
Payments by Credit Card
When you pay for an order using a credit card, A&F reserves the right to request additional evidence of your billing information. Please note that all payments with a debit card will be processed in the form of credit. The charge for your order will appear on your credit card statement as "ABERCROMBIE.COM" or "ABERCROMBIEKIDS.COM." If you contest the validity and/or the amount of a charge pertaining to an order from A&F and you believe it to be fraudulent, then please contact A&F by email at OrderService@Abercrombie.com.
A&F will fully prosecute any fraudulent activity pertaining to the reversal of a valid charge for an order filed and delivered to the customer. In the event that your order has been cancelled, any "authorization hold" will drop off of your account within approximately three (3) to five (5) business days.
Overcharge
Check your receipt and notify a store associate of any overcharge. We will refund you the difference between the overcharge and the purchase price.
Delivery / Pickup In Store
The charges for shipping and handling will depend on the value of your order, the country to which the merchandise is being shipped, and the delivery date that you requested. You may access a list of A&F's shipping and handling charges and A&F's terms of delivery on the Shipping & Handling page.
Dispute Resolution (including informal dispute resolution process; arbitration provision; class action waiver; jury trial waiver; governing law and forum)
Please read this section carefully - it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, a class action waiver, a jury trial waiver, and a provision on governing law and forum.
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Definitions.
- "Dispute" will be given the broadest possible meaning permitted by law. "Dispute" means any claim or controversy between you and A&F, including but not limited to: (1) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after the cancelation or expiration of this Agreement. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (1) issues that are reserved for a court in this Agreement; (2) issues that relate to the scope, validity, and enforceability of the arbitration provision, class action waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. This Agreement and this arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. Notwithstanding anything in this arbitration provision to the contrary, either you or A&F may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights. You and A&F agree that this Agreement evidences a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
- For purposes of this Dispute Resolution section, "A&F" means Abercrombie & Fitch Stores, Inc., and any of its past, present, or future subsidiaries, parents, affiliates, assigns, or vendors and independent contractors, and each of their officers, directors, employees and agents.
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Mandatory Informal Dispute Resolution Process.
- Should you and A&F (each a "party," and collectively, the "parties") have a Dispute, the parties agree that they will make a good faith effort to resolve it informally. Compliance with this informal dispute resolution process ("Process") is a condition precedent to commencing any formal Dispute resolution proceeding in arbitration, small claims court, or otherwise.
- The parties agree that any relevant limitations period (including any statute of limitations) and filing fee or other deadlines will be tolled from the date of receipt of a completed notice through the conclusion of this Process.
- The party initiating any Dispute must send the other a written notice of the Dispute that includes all of this information: (1) information sufficient to identify any transaction and account at issue; (2) contact information (including name, address, telephone number, and email address); and (3) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice by email to disputeresolution@anfcorp.com or by mail to Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you.
- For a period of 60 days from receipt of a completed notice, you and A&F agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and an A&F representative will personally attend (with counsel, if represented). The parties agree to participate in good faith in this conference, which will be held at a time convenient for both parties, and throughout this Process. If for some reason the Dispute is not resolved within 60 days after receipt of a completed notice, which can be extended by agreement of the parties, you and A&F agree to the further Dispute resolution provisions set forth below.
- If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration.
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Mutual Arbitration Provision.
- Any Dispute between you and A&F that is not resolved as set forth above will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it isn't removed or appealed to a court of general jurisdiction. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.
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Procedures for Arbitration.
- Arbitrations shall be heard and determined by a single arbitrator and be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (collectively the "AAA Rules") as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org). You and we understand and agree that the AAA's administrative determination that this arbitration provision comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer an arbitration in accordance with this arbitration provision, the parties will work together in good faith to agree on an arbitration organization that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.
- To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or A&F must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for it; (2) send the signed certification of completion of the process set forth in the Informal Dispute Resolution Process section; and (3) contact the AAA or the applicable arbitration administrator and follow the appropriate procedures to commence the arbitration. If the party initiating the arbitration is represented by an attorney, the arbitration demand must also be signed by the attorney. By signing the arbitration demand, the attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 against any represented party and their counsel. Your demand for arbitration must be sent to: Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. A&F's demand for arbitration to you will be sent to you based on the most recent contact information that you have provided to A&F.
- Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules. In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award. You and A&F agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or A&F may elect to engage with the AAA regarding arbitration fees, and you and A&F agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
- The arbitration may be conducted by telephone, video, based on written submissions, or in-person, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and A&F reserve the right to request a hearing in any matter from the arbitrator. Any in-person hearing will be held in the county or parish where you live or at another mutually agreed location. You and an A&F representative will personally appear at any hearing (with counsel, if represented).
- The arbitration will be conducted by a single arbitrator who will apply and be bound by this Agreement as a court would, and will make determinations regarding any Dispute according to applicable law and facts based upon the record and no other basis. An arbitrator may award any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce this Agreement as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
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Additional Procedures for Multiple Case Filings.
- You and A&F agree that these Additional Procedures for Multiple Case Filings (in addition to the other sections of this arbitration provision) shall apply if you choose to participate in a Multiple Case Filing. If 25 or more similar claims are asserted against A&F by the same or coordinated counsel or are otherwise coordinated, the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of disputes to be adjudicated, and conserve the parties' and the AAA's resources. If your claim is part of a Multiple Case Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
- Stage One: If at least 100 Disputes are submitted as part of the Multiple Case Filing, counsel for the claimants and counsel for A&F shall each select 50 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration or shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, the parties agree that they shall participate in a mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims, and A&F shall pay the mediator's fee.
- Stage Two: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for A&F shall each select 100 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than 5 cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and A&F shall pay the mediator's fee.
- Upon completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the mass filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
- The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this arbitration provision. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.
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Future Changes to Arbitration Provision.
- If we make any future changes to this arbitration provision (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the address provided above within 30 days of the change. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and A&F in accordance with this version of the arbitration provision.
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Waiver of Jury Trials.
- You and A&F waive the right to a jury trial to the fullest extent permitted by applicable law.
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Waiver of Class Actions.
- You and A&F agree that any proceeding, whether in arbitration or litigation, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
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Governing Law and Forum; Survival.
- This Agreement is governed by the laws of the state of Ohio, United States of America, without regard to Ohio's conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration provision is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Ohio, United States of America, for purposes of any legal action arising out of or related to this Agreement, and waive any objections as to personal jurisdiction as to the laying of venue in such courts due to: (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change venue of any such action to another court.
- This Dispute Resolution section shall survive the cancellation or expiration of the Agreement.
Limitation of Liability
For purposes of this limitation of liability provision, "A&F" includes A&F, its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of its and their respective officers, directors, employees and agents.
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If you want to assert a dispute against A&F, or A&F wants to assert a dispute against you, then you or A&F must commence the dispute by delivery of written notice as set forth in the dispute resolution section within one (1) year after the dispute arises, or it will be waived and time barred to the maximum extent permitted by law.
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To the fullest extent permitted by applicable law: in no event will A&F be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, or damages for business interruption) (collectively, "damages"), arising from or in any way related to the use of the A&F website, apps, social media pages, or to this agreement, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if A&F has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
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These limitations of liability shall survive the termination or expiration of this agreement. Certain jurisdictions do not allow these limitations on liability for certain types of damages; as a result, the limitations of liability contained herein may not apply to you in whole or in part. The foregoing paragraph may not apply to a resident of New Jersey.
Severability and Survival
Except as otherwise provided herein, if any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
In addition to such other provisions hereof which, by their terms, survive any termination or expiration of these Terms of Use, the following sections shall survive termination of these Sale Terms: Limitation of Liability, Jurisdiction, and Dispute Resolution.
Events Outside Our Control
An event outside our control means any event or cause beyond A&F's reasonable control, including without limiting (i) epidemic, pandemic, famine, earthquakes, floods, war, terrorism, whether foreign or domestic, overwhelming event(s) caused by natural forces, extreme weather, or other natural disaster; (ii) acts of civil or military authority, insurrection, riots, strikes, fire, or explosion; (iii) picketing, strikes, or labor shortage; or (iv) interruption of or delay in transportation, shortage or failure of supply of raw materials or finished merchandise, power outages, telecommunication outages, or any other intervening system, software, or service not operated by A&F (collectively "Force Majeure Event").
If a Force Majeure Event occurs, we will not be liable to you or any third party for any loss, damage, delay, liability, expense, or cost related to or caused by such Force Majeure Event.
Additional Terms and Resources
If you have ordered merchandise via, or otherwise used or accessed, the A&F Website, then your use of the A&F Website is subject to the Website Terms of Use. Any personally identifiable information that you provide to A&F via the A&F Website is subject to the Privacy Policy.
A&F is located in, and controls the A&F Website from its offices located in the State of Ohio. These Sale Terms shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. Except as otherwise specifically provided, these Sale Terms are not enforceable by any party other than A&F and its customers. Except as provided in the Dispute Resolution section, if any provision of these Sale Terms is determined to not be enforceable, then that particular term will be deleted and all other terms will remain.