We only accept returns for United States orders from www.leveret.com. We cannot process returns or issue refunds on behalf of any third party seller. And no returns will be accepted for international orders. All international sales are final.

Return Policy

1. If you are not satisfied with your purchase and want to initiate a return, you may contact us by email at contact@leveret.com within 30 days of purchase at which time you will receive return instructions.  The subject line of your email must include your order number or the name of the individual who purchased the item(s) to be returned.
2. We must receive the item(s) that you wish to return within 45 days of purchase.
3. Products that are marked as clearance items, discontinued items, final sale, or similar denotation are not eligible for returns, exchanges or credit. If sent back, these items will not be refunded or returned back to the customer. 
4. Items eligible for return must be in their original unwashed, unworn condition, along with tags and original individual packaging.  We reserve the right to refuse returns of items that do not meet this standard.
5. All return shipping costs are paid by the customer, unless the item is defective, or we made a mistake with your shipment. 
6. We will not take responsibility for items returned to us that are lost, sent to the wrong address, or sent using a mail carrier that does not enable you to track the shipment.
7. Customers are responsible for shipping costs.  We do not refund any form of paid shipping. We refund the product cost only.
8. We cannot issue exchanges for gifts, if you do not have an order number. Refunds will only be issued to the original store purchaser.
9. If you have any questions about the return process contact us at contact@leveret.com. 

 

Terms of Sale

This Agreement is between Joey Clothing, Inc., Inc. d/b/a Leveret (“Leveret”) and the individual (“Customer”) purchasing on www.leveret.com, a website maintained by Leveret, (the “Site”) clothing and other products (individually a “Product).

1. Acceptance

Customer will be legally bound by this Agreement and should read it carefully.  When prompted, Customer must check the appropriate box to accept the terms of this Agreement and purchase a Product.  If Customer does not indicate its acceptance of such terms by checking the appropriate box, Customer will not be able to purchase a Product.

2. Orders

Each order for a Product received by Leveret through the Site is subject to acceptance by Leveret and the terms of this Agreement as well as any other terms set forth on the Site (including, but not limited to, price).  Leveret may reject any such order for any reason, in its sole discretion.  After Customer submits an order, Customer may receive one or more email messages that such order has been (a) received by Leveret, (which is not acceptance by Leveret), (b) accepted by Leveret and/or (c) shipped by Leveret.  If any such order relates to a Product that is unavailable or is otherwise not accepted by Leveret, Customer will be so notified in an email message.

3. Information

In submitting an order for a Product, Leveret may collect data and other information from Customer and Customer’s computer; provided, however, that Leveret will not collect any data or other information relating solely to the credit card used by Customer to pay for a Product.  All such data and other information will be handled by Leveret as set forth in its Privacy Policy, a copy of which is posted on the Site.  All data and other information relating solely to a credit card used by Customer to pay for a Product will be collected and used by one or more Third-Party Vendors.

4. Sale

In submitting an order for a Product through the Site that is accepted by Leveret, Customer purchases from Leveret each Product described in such order, subject to the terms of this Agreement.  Customer must provide Leveret with complete and accurate information in submitting any such order.  Any Product sold on the Site is intended for personal use (including a gift to a third party) only, and is not authorized for resale or other commercial purposes.

5. Payment

Customer must pay for a Product, plus all other amounts becoming due hereunder, by using a valid credit card that Customer is authorized to use.  All information provided by Customer to Leveret regarding such credit card must be complete and accurate in all respects.  Customer’s credit card will not be charged for a Product until such Product is shipped to Customer.

6. Shipping

In submitting an order for a Product, Customer will have options for shipping, and Customer will be charged for shipping as set forth on the Site.  All risk of loss to a Product being shipped by Leveret transfers to Customer upon Leveret’s delivering such Product to an independent carrier at the place of business of Leveret (or Leveret’s designee). Any dates posted on the Site for shipping or receiving a Product are only estimates and Leveret is not responsible for any failure to ship such Product, or any failure of Customer to receive such Product, on or before such dates.

7. Return Policy

If a Customer is not satisfied with any Product ordered through the Site and Customer is located in the United States, Customer may return such Product to Leveret for any reason by contacting us at contact@leveret.com within 30 days of purchase.  Once we receive the Customer’s email, we will provide additional instructions for returning the Product. The subject line of the email must include the Customer’s order number or the name of the individual who purchased the item(s) to be returned.

Please note that Products marked as clearance items, final sale or similar denotations, are not eligible for returns, exchanges or credit. And if sent back, these items will not be refunded or returned back to the customer.  For additional instructions and restrictions, please consult the full return policy available on the Site.

8. Account

In submitting an order through the Site for a Product, Customer may purchase items as a guest of the Site.  However, to expedite the purchasing process, the Customer may establish an account with Leveret that is accessible using a user name and password chosen by Customer. Customer’s user name and password must comply with whatever protocol is from time to time established by Leveret for user names and passwords, and must not be disclosed by Customer to third parties. Customer (a) is responsible for maintaining the confidentiality of Customer’s user name and password, and (b) must immediately notify Leveret in writing of any loss, or any unauthorized access, disclosure or use, of Customer’s user name or password. Leveret will not have any liability to Customer or any third party arising from Customer’s failure to keep Customer’s user name or password confidential and may at any time, in its sole discretion and without notice to Customer, terminate or temporarily disable Customer’s access to such account. In addition, Leveret may rely on any use of Customer’s user name or password, whether by Customer or any third party, as having been authorized by Customer, unless (a) Customer previously notified Leveret in writing of any loss, or any unauthorized access, disclosure or use, of Customer’s user name or password, (b) Leveret has had a reasonable opportunity of not less than five days to act on such notice and (c) Leveret’s acting on such notice would have clearly avoided any third-party use of such account that was not authorized by Customer.

9. Taxes

All sales and use taxes, plus any other federal, state, county or local duty, surcharge, tax, tariff or other government-imposed fee (except for any tax on the income of Leveret) assessed or payable upon an order for a Product or otherwise relating to this Agreement shall be payable by Customer, even if such government-imposed fee is not collected by Leveret at the time an order for a Product is submitted to Leveret.

10. Term

This Agreement shall be in effect as of the date Customer accepts the terms of this Agreement and continue in effect until the earlier of (a) Customer terminates the account created pursuant to Section 8 or (b) Leveret’s sending notice to Customer that this Agreement is terminated, whether with or without cause. All provisions of this Agreement that, by their nature, are intended to survive termination of this Agreement shall survive such termination and may be enforced by a party at any time after such termination, subject only to any applicable statute of limitations.

11. Indemnification

Customer shall indemnify, defend and hold harmless Leveret from all costs, damages, expenses, fines, liabilities, losses, penalties and other payments (including, but not limited to, fees and disbursements of counsel to Leveret) resulting from, or relating to, (a) Customer’s failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by Customer in this Agreement being untrue or misleading in any respect, (c) any unauthorized use of a Product by Customer, (d) any unauthorized use by a third party of Customer’s account, user name or password, except as set forth in Section 8, or (e) except to the extent Leveret is grossly negligent or engages in intentional misconduct, any use of a Product.

12. Warranty

EACH PRODUCT IS MADE AVAILABLE TO CUSTOMER “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, LEVERET EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Customer.

13. Limitation of Liability

LEVERET WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO A PRODUCT, THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT ONLY IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY LEVERET. IN NO EVENT WILL ANY LIABILITY OF LEVERET WITH RESPECT TO PRODUCT, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY CUSTOMER OR (B) THE TOTAL AMOUNT PAID BY CUSTOMER TO LEVERET FOR A PRODUCT (NOT INCLUDING ANY CHARGES FOR SHIPPING). THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY LEVERET, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to Customer.

14. Export

Customer may not export or re-export, whether directly or indirectly, any Product from the United States to any other country without complying with all applicable law.

15. Severability

Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.

16. Amendments

This Agreement will not be amended by any conduct pursued by the parties or any third party, but may only be amended in a writing signed by Leveret and Customer or as otherwise set forth herein. Any terms (including, but not limited to, price) relating to an order for a Product through the Site after the effective date of this Agreement may be unilaterally amended by Leveret, in its sole discretion, by posting such amendment on the Site at any time and such amendment will apply to all orders submitted by Customer through the Site after the date of such amendment.

17. Dispute Resolution

This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York, without regard to its principles of conflict of laws. Any complaint of Customer relating to a Product or this Agreement must first be submitted to Leveret as set forth in Section 18, and Leveret must be given a reasonable opportunity of not less than 30 days to investigate and respond to such complaint. Upon Leveret’s completing such investigation and so responding, Customer and Leveret must then attempt, in good faith, to promptly resolve any remaining aspects of such complaint. If any aspect of such complaint remains unresolved after a reasonable period of time of not less than 30 days, and Customer desires to pursue other remedies, Customer may, within one year after Leveret received Customer’s initial complaint, commence litigation against Leveret in connection with the unresolved portion of such complaint only in a court located in New York City and having subject matter jurisdiction over such complaint. Customer consents to any such court being a proper venue for such complaint, and waives any right to object to such court being an improper venue, whether for inconvenience or otherwise. If any such complaint is submitted to a court as set forth herein, Customer (a) waives any right Customer may have to a jury trial, (b) consents to all findings of fact being determined by the presiding judge, and (c) waives any right to bring or join any claim against Leveret as a member or other participant in any class action or other similar form of litigation.

18. Notices

Customer must send all notices to Leveret relating to a Product or this Agreement at www.leveret.com. Any such notice will be effective upon actual receipt by Leveret. Leveret may send notices to Customer through e-mail, regular mail or a general posting on the Site. Any such notice will be effective (a) immediately upon Leveret’s sending such notice to the address it has in its records for Customer in the case of e-mail, (b) five days after Leveret’s sending such notice to the address it has in its records for Customer in the case of regular mail, and (c) immediately upon Customer’s entering the Site after such notice is posted on the Site.

19. Waivers

No failure of Leveret to exercise, and no delay by Leveret in exercising, any right or remedy under this Agreement shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by Leveret, and specifically referring to each such right or remedy being waived.

20. Third-Party Beneficiaries

There are no third-party beneficiaries of this Agreement, and no provision of this Agreement can be enforced or relied upon by any third party.

21. Miscellaneous

This Agreement (a) inures to the benefit of, and is binding upon, Customer and Leveret and each of Customer’s and Leveret’s successors and assignees, except that Customer may not assign any of Customer’s rights or obligations under this Agreement without first obtaining the written consent of Leveret, and (b) constitutes the entire agreement between Customer and Leveret with respect to the subject matter of this Agreement, and supersedes all prior oral and written proposals, representations, understandings and agreements. Any attempt by Customer to assign to a third party any right or remedy hereunder will be null and of no effect. Leveret may, in its sole discretion, assign or otherwise transfer to a third party (including, but not limited to, an affiliate of Leveret) this Agreement or any order for a Product. To the extent there is any conflict or inconsistency between any provision of this Agreement and any provision contained on the Site (not including the Privacy Policy or Terms of Use), the former will control.

Customer represents and warrants to Leveret that Customer (1) has carefully read this Agreement, (2) is entering into this Agreement on Customer’s own behalf, and (3) has sufficient capacity to enter into this Agreement.

Customer must accept the terms of this Agreement before an order for a Product will be processed by Leveret. If Customer does not accept the terms of this Agreement, Customer will not be able to order a Product.

© 2017 Joey Clothing, Inc. d/b/a Leveret. All rights reserved.

Terms of Use

These terms of use are an agreement between Joey Clothing, Inc. d/b/a Leveret (“Leveret”) and the individual creating an account on the Site pursuant to this Agreement (“User”) and relate to User’s use of www.leveret.com, a website made available by Leveret (the “Site).

1. Acceptance

User will be legally bound by this Agreement and should read it carefully.  If User does not accept the terms of this Agreement, User should not use the Site.

2. Information

In using the Site, Leveret may collect data and other information from User and User’s computer.  All such data and other information will be handled by Leveret as set forth in its Privacy Policy, a copy of which is posted on the Site.

3. Account

In using the Site to order a Product, User may establish an account with Leveret that is accessible using a user name and password selected by User.  User’s username and password must comply with whatever protocol is at any given time established by Leveret for user names and passwords, and must not be disclosed by User to third parties. User (a) is responsible for maintaining the confidentiality of User's user name and password, and (b) must immediately notify Leveret in writing of any loss, or any unauthorized access, disclosure or use, of User's user name or password. Leveret will not have any liability to User or any third party as a result of User's failure to keep User's username or password confidential and may at any time, in its sole discretion and without notice to User, terminate or temporarily disable User’s access to such account.  In addition, Leveret may rely on any use of User’s user name or password, whether by User or a third party, as having been authorized by User, unless (a) User previously notified Leveret in writing of any loss, or any unauthorized access, disclosure or use, of User’s user name or password, (b) Leveret has had a reasonable opportunity of not less than five days to act on such notice and (c) Leveret’s acting on such notice would have clearly avoided any third-party use of such account that was not authorized by User.

4. Content

All right, title and interest in any content (including, but not limited to, all intellectual property rights therein) made available through the Site (collectively “Content”) belongs to, or is licensed by, Leveret, unless stated otherwise in writing by Leveret.  User may access and use any Content solely in connection with User’s authorized use of the Site, and for no other purpose; provided, however, that User may not, in any case, use any Content for any purpose prohibited by (a) Leveret, in its sole discretion, after User receives notice of such prohibition, (b) this Agreement, or (c) any applicable law.

5. Product Reviews

By submitting any product reviews or content to Leveret, you represent and warrant that: (1) You are the sole author and owner of the intellectual property rights thereto; (2) All “moral rights” that you may have in such content have been voluntarily waived by you; (3) All content that you post is accurate; (4) You are at least 13 years old; and that (4) Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content: (1) That is known by you to be false, inaccurate or misleading; (2) That infringes any third party`s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (3) That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (4) That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, or otherwise not suitable for a public forum; (5) For which you were compensated or granted any consideration by any third party; (6) That includes any information that references other web sites, addresses, email addresses, contact information or phone numbers; or (7) That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Leveret (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys` fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Leveret a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Leveret`s sole discretion. Leveret reserves the right to change, condense or delete any content on Leveret`s website that Leveret deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Leveret does not guarantee that you will have any recourse through Leveret to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Leveret reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Leveret, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Leveret, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your e-mail address in connection with your rating and review, you agree that Leveret and its third party service providers may use your e-mail address to contact you about the status of your review and other administrative purposes.

6. Third-Party Vendors

Leveret may rely on third parties to provide products, services and content in connection with the Site or this Agreement (individually a “Third-Party Vendor”), and Leveret will have no responsibility or liability with respect to any Third-Party Vendor or any Third-Party Vendor’s websites, products, services or content.  A Third-Party Vendor may impose additional terms upon User’s use of such websites, products, services and content, and User will be bound by such terms just as though they are set forth in this Agreement in their entirety.

7. User’s Responsibilities

User is solely responsible and liable for (a) obtaining and maintaining all third-party equipment, software and services necessary to use the Site, (b) protecting access to, and security of, all equipment, software and services used to connect to the Site, (c) performing all of User’s obligations pursuant to this Agreement, (d) obtaining and maintaining appropriate licenses and rights for use of any third-party products (including, but not limited to, web-browser software), equipment or services in connection with using the Site, and for paying all fees associated therewith, (e) all fees payable pursuant to this Agreement as a result of the use by User or any third party of User’s account, user name or password, except as set forth in Section 3, (f) promptly reporting to Leveret in writing any defect or error in, shortcoming of, and other problem with, the Site, (g) User’s compliance with all applicable law in connection with all matters for which User is responsible hereunder and User’s use of the Site, and (h) obtaining through any third party any required approval, authorization, consent, license, permission and permit to use the Site as contemplated herein.

8. Right to Monitor

Leveret may monitor User’s use of the Site to confirm that User is complying with User’s obligations pursuant to this Agreement or for other legitimate business purposes; provided, however, that Leveret has no obligation to do so and any such monitoring will be at Leveret’s sole discretion.  Leveret will have no liability to User or any third party in connection with its monitoring (or not monitoring) such use.

9. Third-Party Sites

The Site may contain links to other websites that are not maintained by Leveret.  Leveret is not responsible for any content contained on such other websites or otherwise with respect to such other websites.  No link on the Site to another website, or on another website to the Site is an endorsement, sponsorship or recommendation by Leveret of such other website and the link is provided only for User’s convenience.  Leveret will have no responsibility or liability to User or any third party as a result of any link between the Site and another website.

10. Term

This Agreement shall be in effect as of the date User accepts the terms of this Agreement and continue in effect until the earlier of (a) User’s permanently terminating User’s account on the Site or (b) Leveret’s sending notice to User that Leveret is terminating this Agreement, whether with or without cause.  All provisions of this Agreement that, by their nature, are intended to survive termination of this Agreement shall survive any such termination and may be enforced by a party at any time after such termination, subject only to any applicable statute of limitations.

11. Indemnification

User shall indemnify, defend and hold harmless Leveret of all costs, damages, expenses, fines, liabilities, losses, penalties and other payments (including, but not limited to, fees and disbursements of counsel to Leveret) resulting of, or related to, (a) User’s failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by User in this Agreement being untrue or misleading in any respect, (c) any unauthorized use of the Site by User, (d) any unauthorized use by a third party of User’s account, user name or password, except as set forth in Section 3, (e) any products, services or content of Third-Party Vendors, or (f) except to the extent Leveret is grossly negligent or engages in intentional misconduct, any use of the Site.

12. Warranty Disclaimer

THE SITE IS MADE AVAILABLE TO USER “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, LEVERET DISCLAIMS All IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to User.

13. Limitation of Liability

LEVERET WILL NOT BE LIABLE TO USER OR ANY THIRD PARTY WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES.  EXCEPT ONLY IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY LEVERET. IN NO EVENT WILL ANY LIABILITY OF LEVERET WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY USER OR (B) $100.  THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY LEVERET, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to User.

14. Severability

Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law.  If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.

15. Revisions

Leveret may revise any provision of this Agreement at any time by (a) posting the revised provision so that it is accessible to User on the Site, or (b) notifying User of the revised provision in an email message or other notice sent to User at the address for User in Leveret’s records.  Any such revision will be effective immediately upon the earlier of such posting, sending such email message or five days after such notice is placed in regular mail, with postage prepaid, as set forth in this Section.  User is responsible for periodically checking this policy on the Site for revisions to this policy.  Any other revision to this Agreement must be in a writing signed by Leveret and User.

16. Dispute Resolution

This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York, without regard to its principles of conflict of laws.  Any complaint of User relating to the Site or this Agreement must first be submitted to Leveret as set forth in Section 17, and Leveret must be given a reasonable opportunity of not less than 30 days to investigate and respond to such complaint.  Upon Leveret’s completing such investigation and so responding, User and Leveret must then attempt, in good faith, to promptly resolve any remaining aspects of such complaint. If any aspect of such complaint remains unresolved after a reasonable period of time of not less than 30 days, and User desires to pursue other remedies, User may, within one year after Leveret received User’s initial complaint, commence litigation against Leveret in connection with the unresolved portion of such complaint only in a court located in New York City and having subject matter jurisdiction over such complaint. User consents to any such court being a proper venue for such complaint, and waives any right to object to such court being an improper venue, whether for inconvenience or otherwise. If any such complaint is submitted to a court as set forth herein, User (a) waives any right User may have to a jury trial, (b) consents to all findings of fact being determined by the presiding judge, and (c) waives any right to bring or join any claim against Leveret as a member or other participant in any class action or other similar form of litigation.

17. Notices

User must send notices to Leveret relating to the Site or this Agreement at www.leveret.com.  Any such notice will be effective upon actual receipt by Leveret.  Leveret may send notices to User relating to the Site or this Agreement through e-mail, regular mail or a general posting on the Site.  Any such notice by Leveret will be effective (a) immediately upon Leveret’s sending such notice to the address it has in its records for User in the case of e-mail, (b) five days after Leveret’s sending such notice to the address it has in its records for User, with postage prepaid, in the case of regular mail, and (c) immediately upon User’s entering the Site after such notice is posted on the Site.

17. Waivers

No failure of Leveret to exercise, and no delay by Leveret in exercising, any right or remedy under this Agreement shall be a waiver of such right or remedy.  No waiver of any such right or remedy shall be effective unless made in a writing signed by Leveret, and specifically referring to each such right or remedy being waived.

18. Third-Party Beneficiaries

There are no third-party beneficiaries of this Agreement, and no provision of this Agreement can be enforced or relied upon by any third party.

19. Miscellaneous

This Agreement (a) inures to the benefit of, and is binding upon, User and Leveret and each of User’s and Leveret’s successors and assignees, except that User may not assign any of User’s rights or obligations under this Agreement without first obtaining the written consent of Leveret, and (b) constitutes the entire agreement between User and Leveret with respect to the subject matter of this Agreement, and supersedes all prior oral and written proposals, representations, understandings and agreements.  Any attempt by User to assign to a third party any right or remedy hereunder will be null and of no effect.  Leveret may, in its sole discretion, assign or otherwise transfer this Agreement to a third party (including, but not limited to, an affiliate of Leveret).  To the extent there is any conflict or inconsistency between any provision of this Agreement and any provision contained on the Site (not including the Terms of Sale), the former will control.

User represents and warrants to Leveret that User (1) has carefully read this Agreement, (2) is entering into this Agreement on User’s own behalf, and (3) has sufficient capacity to enter into this Agreement.

In using the Site, User accepts the terms of this Agreement.  If User does not accept such terms, User should not use the Site.


© 2017 Joey Clothing, Inc. d/b/a Leveret.  All rights reserved.