big4apparel is dedicated to building a shopping community that celebrates the confidence and beauty of plus-size individuals. We are committed to providing customers with high-quality, exclusive fashion products.
2. INTRODUCTION
These terms and conditions govern your use of this website. By using this website, you agree to be bound by these terms and conditions in their entirety. If you do not agree with these terms and conditionsâor any part thereofâyou must not use this website. You must be at least 18 years of age to access or use this website.
By using this website and agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age. This website uses cookies.
By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms set forth in our Privacy Policy.
3. LICENSE TO USE WEBSITE
Unless otherwise stated, big4apparel or its licensors own all intellectual property rights in the website and its content. Subject to the license below, all such intellectual property rights are expressly reserved.
You may view, download (for caching purposes only), and print pages or other content from this website for your personal, non-commercial use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must NOT:
You must NOT use this website in any manner that causes, or may cause, damage to the website or impairs its availability or accessibility; nor in any manner that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must NOT use this website to copy, store, host, transmit, send, publish, or distribute any material containing (or linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious software.
You must NOT conduct any systematic or automated data collection activitiesâincluding, without limitation, scraping, data mining, data extraction, or data harvestingâon or in relation to this website without big4apparelâs prior written consent.
You must NOT use this website to transmit unsolicited commercial communications.
You must NOT use this website for marketing purposes unless expressly permitted herein or authorized in writing by big4apparel.
4. USER CONTENT
In these terms and conditions, âyour user contentâ means any materialâincluding, without limitation, text, images, audio, video, and audio-visual contentâthat you submit to this website for any purpose.
You grant big4apparel a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future medium. You also grant big4apparel the right to sublicense these rights and to bring legal action for infringement thereof.
Your user content must not be illegal or unlawful, must not infringe any third partyâs legal rights, and must not give rise to any legal claimâwhether against you, big4apparel, or a third partyâunder applicable law.
You must not submit any user content that is, or has ever been, the subject of any threatened or actual legal proceedings or similar complaints.
5. COPYRIGHT
Copyright and other relevant intellectual property rights subsist in all text relating to big4apparelâs services and in the full content of this website.
6. INTELLECTUAL PROPERTY INFRINGEMENT POLICY
Nothing in these Terms constitutes a transfer of any intellectual property rights from big4apparel to you.
big4apparel owns and retains all proprietary rights in the Site, the Content, and all associated intellectual property rights. Your use of the Site is permitted solely as authorized by big4apparel.
As a User, you are granted a limited, non-exclusive, revocable, and non-transferable right to use the Site and Services to create, display, use, play, and download Content, strictly subject to these Terms.
big4apparelâs intellectual property must not be used in association with any product or service not affiliated with big4apparel, nor in any manner that may harm big4apparelâs reputation.
You must not modify physical or digital copies of any Content you print or download in any way, and you must not use any illustrations, photographs, video, audio, or graphics separately from their accompanying text.
7. LIMITATION OF LIABILITY AND WARRANTY
Except as otherwise provided in the standard Terms of Sale governing each product offered on this site, this site, the products offered for sale, and transactions conducted through it are provided by big4apparel on an âas isâ and âas availableâ basis.
big4apparel makes no representations or warranties, express or implied, regarding the operation of the site or the accuracy, reliability, completeness, or timeliness of the information, content, materials, or products included on this site, except as expressly provided herein. To the fullest extent permitted by applicable law, big4apparel disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration.
This site may contain inaccuracies, omissions, or typographical errors. big4apparel does not warrant that the content will be uninterrupted, timely, secure, or error-free. To the maximum extent permitted by law, big4apparel shall not be liable for any indirect, incidental, punitive, exemplary, special, or consequential damages arising from your use of this site.
To the maximum extent permitted by applicable law, big4apparelâs total liability to you for any damagesâregardless of the legal theoryâshall not exceed the aggregate amount of fees actually paid by you to big4apparel during the calendar month immediately preceding the event giving rise to such liability.
8. ORDER ACCEPTANCE
Please note that certain orders may be declined or cancelled. big4apparel reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Situations that may lead to cancellation include limitations on product availability, inaccuracies or errors in product descriptions or pricing, or issues identified by our credit and fraud prevention systems. We may also require additional verification or information before accepting an order. Should your orderâor any portion thereofâbe cancelled, or if further information is required, we will contact you accordingly.
Both parties agree that, upon dispatch of the order, transportation becomes the sole responsibility of the third-party logistics provider. At that point, full ownership of the product(s) transfers to the buyer, and all associated risks and liabilities during transit shall be borne by the buyer.
9. TRANSFER OF TITLE
Title to the products in your order transfers to you when the products leave our warehouse and are delivered to the carrier for shipment to the address specified in your order. All risks and liabilities related to the products also transfer to you at that time. By placing an order on this Site, you authorize big4apparel to engage third-party shipping services on your behalf.
10. TAXES
All prices displayed on the website exclude applicable taxes. After you submit an order, taxes ranging from 0% to 30% may be applied, depending on the tax laws and regulations of your country or region. The determination of whether tax appliesâand the applicable rateâis governed solely by your local jurisdiction.
11. TYPOGRAPHICAL ERRORS
While big4apparel strives to ensure the accuracy of product descriptions and pricing information, errorsâincluding pricing or typographical errorsâmay occur.
big4apparel cannot confirm the final price of an item until after your order is placed. If an item is listed at an incorrect price or with inaccurate information due to such an error, big4apparel reserves the right, in its sole discretion, to refuse or cancel any order placed for that item. In the event of a pricing error, big4apparel may, at its discretion, either contact you for instructions or cancel your order and notify you accordingly.
12. INDEMNITY
You hereby indemnify big4apparel and agree to hold big4apparel harmless against all losses, damages, costs, liabilities, and expensesâincluding, without limitation, reasonable legal fees and any amounts paid by big4apparel to a third party in settlement of a claim or dispute upon the advice of big4apparelâs legal counselâarising from or related to any breach by you of these terms and conditions, or any claim alleging such a breach.
13. FORCE MAJEURE
Neither party shall be liable for failure to perform any obligation under these terms due to an event beyond its reasonable controlâincluding, but not limited to, acts of God, terrorism, war, political insurgency, insurrection, riot, civil unrest, acts of civil or military authority, uprising, earthquake, flood, or any other natural or man-made event that is unforeseeable, unavoidable, and insurmountable. Either party affected by such an event shall promptly notify the other party and shall use commercially reasonable efforts to mitigate its impact and comply with these terms to the extent practicable.
14. TERMINATION
You agree that big4apparel may, at any time and in its sole discretion, terminate or suspend your access to the Siteâwith or without cause and without prior notice. big4apparel shall not be liable to you or any third party for any claims or damages arising from such termination, suspension, or related actions. Where applicable law requires notice of termination or cancellation, big4apparel may provide such notice by posting it on the Site or by sending it to any email or postal address we hold for you in our records.
15. NOTICE OF CHANGES
The Company reserves the right to amend these terms from time to time at its discretion. Your continued use of the Site following any such amendment constitutes your acceptance of the revised terms. Any material changes to our Privacy Policy will be announced on the Siteâs homepage and other key pages. If changes affect how we process usersâ Personally Identifiable Information, affected users will be notified via email or postal mail. Revised versions of the Privacy Policy will be posted on the Site at least 30 days prior to their effective date.
16. GOVERNING LAW
These Terms of Serviceâand any separate agreements entered into between you and big4apparelâshall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.
You are therefore advised to review this statement regularly.
Questions about the Terms of Service should be sent to us at [email protected]