ABERCROMBIE & FITCH US
Updated: January 2017
These are the terms and conditions ("Sale Terms") that apply when you purchase products, gift cards, and/or e-gift cards ("merchandise") from the Abercrombie & Fitch (A&F) Website. If you placed an order for merchandise and at least one of the following situations applies to you, then you are confirming your acceptance of and agreement to be bound by 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 order via the A&F mobile application; (iv) you placed an order via an A&F microsite; or (v) you placed an order via the telephone. For the remainder of these Sale Terms, any order that matches at least one of situations (i) through (iv) listed previously may be referred to as an order that was purchased from the A&F "Website." If you placed an online order while in an A&F store located in the United States and the order will be fulfilled via shipment, then you may retrieve a copy of these Sale Terms by visiting Abercrombie.com.
Due to the fact that these Sale Terms are subject to change at any moment, please review and then save a copy of these Sale Terms for your personal records prior to your placement of each 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 +1-925-359-2304.
ORDER AND ACCEPTANCE
- Each part of an order that you submit to A&F constitutes an offer to purchase merchandise. 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, then please contact the A&F Customer Service Department at the contact information provided above before you attempt to place another order for the same merchandise. 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 merchandise has 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 by clicking here.
- If A&F rejects your order due to an error in pricing and/or other information about the merchandise, 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 to purchase the relevant merchandise. 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 price that was displayed on the A&F Website at the time at which you placed your order. 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.
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:
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, or if there is an error on the A&F Website pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), 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 by clicking here.
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. The Gift Wrap service may be cancelled for some orders (depending on the location from which the merchandise is being shipped).
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.
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 +1-925-359-2304.
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. 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 contact information 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 been shipped to 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.
Merchandise on Backorder
Merchandise on backorder is temporarily out of stock. If A&F is unable to ship any merchandise on backorder within thirty (30) days of the date on which you placed your order, 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).
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 +1-925-359-2304. Please remember to include your order number and other details regarding the merchandise that you believe to be eligible for a price adjustment.
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 three (3) to five (5) business days.
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 by clicking here.
LIMITATION OF LIABILITY
A. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “A&F” INCLUDES NOT ONLY ABERCROMBIE & FITCH BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
B. YOU WAIVE THE ABILITY TO ASSERT A CLAIM AGAINST A&F MORE THAN ONE (1) YEAR AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
C. IN NO EVENT SHALL A&F BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER A&F WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
D. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY A&F’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.
E. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES FROM STATE TO STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTICE TO NEW JERSEY CONSUMERS: THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
ADDITIONAL TERMS AND RESOURCES
A&F is located, 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. These Sale Terms are not enforceable by any party other than A&F and its customers. 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.