These Terms of Service apply solely to Americana Clothing CO. This website is built and operated on the Shopify platform, and these terms apply only to orders placed within the United States. By using the services of this website, you acknowledge and agree to the entirety of this agreement.
1. Overview
"We" or "us" refers to Americana Clothing CO. Americana Clothing CO operates this online store, including all text, images, products, tools, apparel items, and shopping-related services provided to consumers (collectively referred to as the "Service"). The Shopify platform provides technical and operational support for this site.
These Terms of Service, together with the platform policies referenced herein (including the Privacy Policy, Payment Policy, Shipping Policy, and Return & Exchange Policy), outline your rights and obligations when using this site's services.
Please read these Terms of Service carefully; they contain important information regarding legal rights and responsibilities, disclaimers, and limitations of liability. By accessing, browsing, or using any service on this website, you agree to comply with these Terms of Service and the accompanying Privacy Policy. If you do not agree to these terms or the Privacy Policy, you are prohibited from accessing or using any services on this site.
2. Acceptance of Terms
Your use of this website—whether placing an order, registering an account, browsing products, or contacting customer service—constitutes voluntary acceptance of these Terms of Service and all ancillary policies posted on the site. If these Terms of Service are subsequently revised, your continued use of the website services constitutes acceptance of the updated terms.
You represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into binding online transaction contracts. If you are placing an order on behalf of another person, you warrant that you have obtained authorization from that person.
3. Product Information and Order Terms
3.1 Product Information Accuracy
We strive to ensure the accuracy of all text descriptions, size charts, actual product photos, and color information for the apparel items on our website. Due to factors such as lighting during photography and color variations across electronic screens, slight visual differences may exist between the actual product and the online display; such discrepancies do not constitute a product quality issue. We reserve the right to update or adjust product styles, fabrics, and details at any time.
3.2 Order Acceptance
Submitting an order and completing payment constitutes only a request to purchase; the order is only formally accepted and confirmed after we have verified it. We reserve the right to refuse or cancel orders in the following circumstances: out-of-stock items, obvious pricing errors, system malfunctions, fraudulent orders, malicious duplicate orders, or invalid delivery addresses.
Once an order is cancelled by us, the funds will be refunded to your original payment account.
4. Pricing and Payment
All product prices on the website are listed in US Dollars and are free of hidden fees. Orders within the United States qualify for free shipping.
Payment methods are limited to the credit card options specified in our Payment Policy. Submitting a payment constitutes confirmation that the order amount is correct. We reserve the right to cancel transactions prior to shipment in the event of pricing errors caused by system issues. All payment processing is handled by third-party service providers, and fund settlement is conducted in strict accordance with US payment regulations.
5. Shipping Policy
Order processing, shipment timelines, logistics carriers, delivery areas, and order cancellation rules are strictly governed by our Shipping Policy. We partner with UPS for logistics and deliver exclusively within the United States.
6. Returns and Exchanges Policy
All procedures, timelines, shipping cost allocations, and return addresses regarding returns, exchanges, and refunds are governed exclusively by our Refunds & Returns Policy.
7. Intellectual Property
Americana Clothing CO retains all intellectual property rights regarding original text, apparel designs, product images, trademarks, logos, and website layout.
Users may not copy, reproduce, misappropriate, commercially reuse, or alter any content on this website without our written permission. The use of apparel designs or product images for resale or the production of replicas is strictly prohibited. We will pursue legal action under US copyright law against any party found to be infringing upon these rights.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Americana Clothing CO, its partners, directors, officers, employees, agents, contractors, service providers, and licensors—along with the Shopify platform and its affiliates—shall not be liable for personal injury, losses of any kind, or claims. Furthermore, they shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, revenue, savings, or data, or replacement costs.
Regardless of whether a claim is based on contract, negligence, strict liability, or any other legal theory, no liability shall arise for losses resulting from your use of the services, purchase of apparel from the platform, or other matters related to orders or website services (including content errors or omissions, service interruptions, or shipping issues), even if we were advised of the possibility of such damages.
9. Termination
We may, at our sole discretion and without prior notice, terminate this service agreement or restrict/close your account access at any time. You remain obligated to settle any outstanding payments incurred prior to the termination of the agreement.
Upon termination, the following provisions shall remain in effect: Intellectual Property, Indemnification, Termination, Disclaimer of Warranties, Limitation of Liability, Compensation Obligations, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive termination.
10. Indemnification
You agree to indemnify, defend, and hold harmless Americana Clothing CO, the Shopify platform, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, liabilities, and legal disputes (including reasonable attorney's fees) arising from third-party claims.
Grounds for such third-party claims include:
Your violation of these Terms of Service and related policies;
Your violation of applicable U.S. laws and regulations, or infringement upon the legal rights of third parties;
Infringement issues arising from your access to or use of the services on this site.
We will promptly notify you of any indemnifiable claim; however, our failure to provide timely notice will not relieve you of your indemnification obligations unless such failure materially prejudices your rights. We reserve the right to control the defense and settlement proceedings for such claims (including the selection of legal counsel) at your expense; provided, however, that we will not enter into a settlement requiring you to assume non-monetary obligations without your consent, and you shall not unreasonably refuse to cooperate. You are required to fully cooperate by providing evidence and relevant documentation throughout the handling of the claim.
11. Dispute Resolution and Binding Arbitration
Informal Resolution First: Before initiating any formal dispute proceeding, you agree to contact us at info@americanaclothingco.com and provide a written description of the dispute, your name, and contact information. We will attempt to resolve the dispute informally within 30 days of receipt of your notice.
Binding Arbitration: If the dispute cannot be resolved informally, you and Americana Clothing CO agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place in Los Angeles County, California, or, at your election, may be conducted via telephone or videoconference.
Class Action Waiver: You and Americana Clothing CO agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Americana Clothing CO agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
12. Governing Law and Jurisdiction
This Service Agreement is governed by the laws of the State of California, USA, without regard to conflict of law principles. For any disputes not subject to arbitration under Section 11, or where arbitration is found to be unenforceable, you and Americana Clothing CO consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Los Angeles County, California (specifically, the Los Angeles Superior Court for state law claims, and the U.S. District Court for the Central District of California for federal law claims). You waive any objection to the laying of venue of any such proceeding in Los Angeles County and waive any objection that such courts are an inconvenient forum.
13. Amendments to Terms
Americana Clothing CO reserves the right to amend or update these Terms of Service at any time. Following any amendments, the latest version will be posted on the website. Your continued use of the website's shopping services after the updated terms are posted constitutes your acceptance of all revised terms. We recommend that you review these Terms of Service periodically to stay informed of the latest rules.
Contact Us
Shop Name: Americana Clothing CO
Phone: +(213) 926-3839
Email: info@americanaclothingco.com
Shop Address: 1300 San Pedro St #104, Los Angeles, CA 90015
Opening Hours:
Monday–Friday: 9:00 AM – 4:00 PM
Saturday–Sunday: Closed
Note: Business hours may vary on July 4th.
(GMT -8:00, Pacific Standard Time)
Response Time: We respond within 24 hours.