Abercrosbie Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Abercrosbie website (the “Website”), including browsing product listings (Women’s Clothing, Petites, Dresses, Pants, Shirts, Sweaters), creating an account, and interacting with site features. By accessing or using the Website, you (“User” or “you”) agree to be bound by these Terms, as well as our Privacy Policy and other posted policies (collectively “Abercrosbie Policies”). If you do not agree, do not use the Website.

1. Eligibility & Account Creation

1.1 Eligibility

To use the Website (including creating an account), you must be at least 13 years old. If you are under 18, you must have parental/guardian consent to use the Website and create an account. By using the Website, you confirm you meet these eligibility requirements.

1.2 Account Responsibilities

  • If you create an account, you agree to provide accurate, complete, and up-to-date information (e.g., name, email address).
  • You are solely responsible for safeguarding your account password and any activity associated with your account. Do not share your password with third parties.
  • Notify Abercrosbie immediately at [email protected] if you suspect unauthorized access to your account (e.g., unknown orders, password changes).
  • Abercrosbie reserves the right to suspend or terminate your account if you provide false information, violate these Terms, or engage in fraudulent activity.

2. Use of the Website

2.1 Permitted Uses

You may use the Website only for lawful, personal, and non-commercial purposes, including:

  • Browsing product listings, size charts, and policy information (e.g., Refund Policy, Shipping Policy).
  • Creating an account to save preferences (e.g., favorite Petites styles, default shipping address) and track orders.
  • Contacting customer service via the provided channels (e.g., emailing [email protected] for sizing help).

2.2 Prohibited Uses

You may not use the Website for any of the following:

  • Violating applicable laws or regulations (e.g., transmitting illegal content, engaging in fraud).
  • Interfering with the Website’s functionality (e.g., using bots, scrapers, or automated tools to collect product data, disrupt server performance, or bypass security measures).
  • Uploading or transmitting harmful content (e.g., malware, viruses, hate speech, discriminatory material, or content that infringes on third-party rights).
  • Misrepresenting your identity or affiliation (e.g., pretending to be an Abercrosbie employee, impersonating another User).
  • Attempting to access restricted areas of the Website (e.g., internal databases, admin portals) without authorization.
  • Reselling, reproducing, or distributing Website content (e.g., product images, descriptions, logos) for commercial gain without written permission.

3. Intellectual Property Rights

3.1 Website Content Ownership

All content on the Website—including product images, descriptions, logos, brand names, size charts, and written materials—is the exclusive property of Abercrosbie or its licensors. This content is protected by copyright, trademark, and other intellectual property laws worldwide.

3.2 Limited License

Abercrosbie grants you a non-exclusive, non-transferable, revocable license to access and view the Website content only for personal, non-commercial use (as permitted in Section 2.1). You may not:

  • Copy, modify, or distribute content without prior written approval from Abercrosbie.
  • Use Abercrosbie trademarks (e.g., the “Abercrosbie” name, logo) in any way that implies affiliation, endorsement, or sponsorship without permission.
  • Remove or alter copyright, trademark, or other proprietary notices on Website content.

4. Third-Party Links & Content

The Website may contain links to third-party websites (e.g., payment processors, shipping carriers) or display third-party content (e.g., customer reviews, social media feeds). Abercrosbie is not responsible for the content, privacy practices, or terms of use of third-party sites/content. Your use of third-party links/content is at your own risk—we recommend reviewing their terms and policies before interacting.

5. Disclaimer of Warranties

The Website and its content are provided “as is” and “as available” without warranties of any kind, express or implied. Abercrosbie disclaims all warranties, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose (e.g., that a Petites Dress will fit as expected, or the Website will be error-free).
  • Warranties that the Website will be uninterrupted, secure, or free of viruses/malware.
  • Warranties regarding the accuracy, completeness, or timeliness of Website content (e.g., product availability, pricing—subject to Section 2.1 of the Terms of Purchase).

This disclaimer applies to the maximum extent permitted by applicable law.

6. Limitation of Liability

To the maximum extent permitted by law, Abercrosbie shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Website, including but not limited to:

  • Damages from Website downtime, errors, or security breaches.
  • Losses from unauthorized account use or misrepresentation of content.
  • Disputes related to third-party links/content (see Section 4).

Abercrosbie’s total liability to you for any claim arising from these Terms shall not exceed $100 USD. This limitation applies even if Abercrosbie has been advised of the possibility of such damages.

7. Changes to the Website & Terms

  • Website Modifications: Abercrosbie may update, modify, or discontinue Website features (e.g., adding new Petites categories, removing outdated tools) at any time without prior notice.
  • Term Updates: We may revise these Terms periodically. When we do, we will update the “Last Updated” date at the top of this page and notify you via:
  1. A prominent banner on the Website homepage;
  2. An email to your registered account address (if you have an account).

Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

8. Termination

Abercrosbie may terminate or suspend your access to the Website at any time, with or without notice, if you violate these Terms (e.g., unauthorized scraping, account fraud) or if we determine your use poses a risk to the Website or other Users. Upon termination:

  • Your account access will be revoked.
  • You must cease all use of the Website.

Sections 3 (Intellectual Property), 5 (Disclaimer), 6 (Limitation of Liability), and 9 (Governing Law) will survive termination.

9. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any dispute arising from these Terms or your use of the Website shall first be resolved through good-faith negotiation by contacting [email protected]. If negotiation fails, the dispute shall be submitted to binding arbitration in Delaware, USA, in accordance with the rules of the American Arbitration Association.

10. Contact Us

If you have questions, concerns, or reports related to these Terms (e.g., account issues, suspected policy violations), contact our team:

  • Email: [email protected]
  • Response Time: We will respond to all inquiries within 24 business hours (Monday–Friday, 9 AM–6 PM local time).

By accessing or using the Abercrosbie Website, you acknowledge that you have read, understood, and agreed to these Terms of Use.