Terms of service

FIRST FITTINGS PRODUCTIONS, INC. 

This Website/Site (www.firstfittings.com) is operated by FIRST FITTINGS PRODUCTIONS, INC. (hereinafter referred to “First Fittings”, "we", "us" and "our"). This is an American, New York State, corporation, registered in New York, New York.

When you use www.firstfittings.com, you are agreeing to these terms. These Terms of Service (hereinafter referred to as "Terms") cover your use of and access to the sites, templates, products, applications, tools, services and features (collectively, the "Services") provided by www.firstfittings.com (as defined below).

By using or accessing the Services, you're agreeing to these Terms. If you're using The Site for or on behalf of an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

 Unless you cancel your order within the specified time frame (48 hours) and prior to commencement of the production of the items, acceptance of your order and completion of the contract between you and First Fittings will be initiated, we will perform, and the contract will be deemed completed when we email you to confirm the goods have been dispatched. The sale contract is considered a New York contract and all applicable laws of the State of New York shall apply. The language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of First Fittings.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

ORDER PROCESSING TIMES

Orders will be produced and dispatched within 5-7 business days after the 48 hour cancellation window closes. During busy periods, for custom orders or large orders you will be notified of any delays or if we expect that the processing time will be longer than usual, or if there is an inability to fulfill the 5-7 business days promised.

PAYMENTS

Payments can be made by our website payment portal and your choice of debit and/or credit card providers offered. Payment will be debited from your account upon placing your order by First Fittings. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using SquareSpace and/or Stripe, both secure online payment gateways that encrypts your card details in a secure host environment.

We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Promotion codes are not to be used towards any order containing a custom fabric charge, where special fabrics must be ordered in for you. 

CANCELLATIONS 

You must contact us ASAP (within 48 hours) if you wish to cancel your order. Orders cannot be cancelled if the fabric and other stock items have been ordered in and if your order has already been started. We will do our best to accommodate all your needs and requirements however this will not be possible if production has already started. Please contact us with any questions or concerns before placing an order or as soon as possible after.

PURCHASE OF PRODUCTS

When purchasing a product using the Services you are making a contract with First Fittings.

ORDERS

You agree that your order is an offer to purchase the product(s) listed in your order to us on the Terms. You agree that an order is engaging in a contract with FIRST FITTINGS PRODUCTION, INC. All orders are subject to our acceptance and availability. Items that are placed in your shopping basket are not reserved and may be purchased by other customers. We will inform you if we are unable to fulfill your order and we will make every reasonable effort to produce items that may be ordered, but we are unable to fulfill at the moment of order because of being out of stock, or different dye lot, or unavailability of particular fabrics, etc.  We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions we may not accept your order are: that we are unable to obtain authorization for payment; shipping restrictions apply to a particular item; the item ordered is out of stock; the item ordered does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within the Terms.

We are under a legal duty to supply goods that conform with their description on the website.

We may refuse to process and therefore accept a transaction for any reason to anyone at any time at our sole discretion. This includes refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

After submitting an order to us, we will send you an order acknowledgment email. This email will include your order number, details of the items you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order.

Acceptance of your order and formation of a contract of sale takes place when your order has been begun production and ultimately dispatched and we have sent you an email confirming this.

When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the Site, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorized use of your account.

USE OF WEBSITE

 The Website and related services (including any applications which allow you to buy our products from us on mobile devices) (the "Services") are made available to you in accordance with the following Terms of Use, and any other rules, offers, FAQs or otherwise posted on our websites (“Terms”). Please read ALL Terms carefully before placing any orders, we recommend you should keep a copy of the Terms for future reference.

We may modify the Terms from time to time at our sole discretion. Please read the Terms and check back often. If you do not agree to any change to the Terms then you must immediately stop using the Services.

You agree that the information that you provide when you register is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately. We may also change registration requirements from time to time. We make good faith reliance upon the information and data you present to us and you agree the data and information can be relied upon. 

We may change, withdraw, or suspend access to the Services (in whole or in part and permanently or temporarily) with or without notice and with no liability to you.

The Services may include links to other websites or resources. We have no control over the content of these websites and are not liable in any way for their content.

Any material that you upload to the Website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. We also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy.

We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the Services and you agree to be responsible to us for and indemnity us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Services.

We have the right to remove any material or posting you make on the Website at our sole discretion.

THIRD PARTY SERVICES

The Site is integrated with various third party services and applications (collectively, “Third Party Services”) that may make their content, products or services available to you. Examples of Third Party Services include certain domain name registration services, social media platforms, SquareSpace and/or Stripe, eCommerce Payment Processors, ShipStation, Pay Pal, extensions and other integrations or extensions, and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third Party Services, and we are not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. When using Third Party Services, your security is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).  

The Site may contain links to third party sites. When you access third party sites, you do so at your own risk. We do not control and are not liable for those sites and what those third parties do.

WE CAN USE YOUR FEEDBACK FOR FREE

We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

COPYRIGHT

We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy.

We respect the intellectual property of others and ask that you do too. Our designs and products are ours and we rely upon our Trademarks, Copyrights and designs to make a quality product that we consider to be unique. We will respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Privacy Policy, Compliance Complaints, incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing.

TAXES

All sales prices are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the item sales price(s) when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If FIRST FITTINGS PRODUCTIONS, INC. has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your state or country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where FIRST FITTINGS PRODUCTIONS, INC. does not have a legal obligation to pay or collect indirect Taxes on a sale of an item(s) to you, you may be required to self-assess those Taxes under the applicable laws of your state or country (where you are established, have a permanent address or usually reside).

CHARGEBACKS

If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your purchase and Account. If you have questions about a payment made to us, we encourage you to contact us for resolution of the issue before filing a Chargeback. We reserve our right to dispute any Chargeback.

OUR PAYMENT PROCESSORS

We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your purchase or Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Except for payments made through mobile app stores, our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

TERM AND TERMINATION

We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of The Site at any time at our sole discretion and without notice. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of any orders placed and contracts made. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of The Site: Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms

WARRANTY DISCLAIMERS

To the fullest extent permitted by applicable law, FIRST FITTINGS PRODUCTIONS, INC. makes no warranties, either express or implied, about its products, other than listed in The Site. The items offered for sale and purchase are provided “as described” and “as available”. FIRST FITTINGS also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement, other than being clothing to be worn and used in reasonable and intended manners. No advice or information, whether oral or written, obtained by you from us shall create any warranty.  The disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.

LIMITATION OF LIABILITY

Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will First Fittings and/or its affiliates and/or its and their owners/partners/directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account (if you make one), The Site or parts or all of The Site, including without limitation interruption of use or cessation or modification of any aspect of The Site; (d) any Third Party Services or third party sites accessed via The Site. If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the accessibility with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not First Fittings has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of  First Fittings for all claims arising out of or related to the purchase price of the items(s)/product(s). 

INDEMNIFICATION

If you do something that gets us sued, you’ll cover us.

To the fullest extent permitted by law, you agree to indemnify and hold harmless FIRST FITTINGS PRODUCTION, INC.  and its affiliates and its owners, directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your Account data provided by you; c) your violation of any law or regulation or the rights or good name of any third party; and (d) any claims from tax authorities in any state or country in relation to your purchases, including without limitation anything of your conduct involving our products, for which FIRST FITTINGS PRODUCTIONS, INC. may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement, if any, or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.

DISPUTE RESOLUTION

This section may not apply to you. If it does, before filing a claim against First Fittings Productions, Inc., you agree to try to work it out informally with us first. Also, all formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Finally, claims can only be brought individually, and not as part of a class action.

APPLICABILITY 

This Section 15 shall only apply to: (a) US Users; (b) Non-US Users who are not EU Consumers; or (c) EU Consumers who bring any claim against FIRST FITTINGS PRODUCTIONS, INC. in the US (to the extent not in conflict with anything stated herein below.

INFORMAL RESOLUTION

Before filing a claim against FIRST FITTINGS PRODUCTIONS, INC. you agree to try to resolve the dispute by first emailing firstfittings@gmail.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you may then bring a formal proceeding for Arbitration.

ARBITRATION AGREEMENT

You and FIRST FITTINGS PRODUCTIONS, INC. agree to resolve any claims, disputes and matters arising out of or in connection with this Agreement (including without limitation its existence, formation, operation and termination, including without limitation non-contractual disputes and matters) through final and binding arbitration through the American Arbitration Association (“AAA”) and you and FIRST FITTINGS PRODUCTIONS, INC. expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an experienced, independent third party that will act as the arbitrator, and court review of an arbitration award is limited.

ARBITRATION FEES

The AAA Rules will govern payment of all arbitration fees. We won’t seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

EXCEPTIONS TO ARBITRATION AGREEMENT

 Notwithstanding anything in this Agreement, either you or FIRST FITTINGS PRODUCTIONS, INC. may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of The Site, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

NO CLASS ACTIONS

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and First Fittings Productions, Inc., regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement.

CONTROLLING LAW; JUDICIAL FORUM FOR DISPUTES

This Agreement (including its existence, formation, operation and termination) as well as all disputes and matters arising out of or in connection with this Agreement  (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions, except that the Federal Arbitration Act (“FAA”) shall prevail to the extent that there exists any conflict between the FAA and the laws of the State of New York, and must be brought exclusively in the federal or state courts of New York, New York and you and FIRST FITTINGS PRODUCTIONS, INC. consent to venue and personal jurisdiction in such courts.

WAIVER, SEVERABILITY AND ASSIGNMENT

Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice. 

MODIFICATIONS

We may modify this Agreement from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within The Site). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access The Site after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using The Site and cancel all orders.

EVENTS BEYOND OUR CONTROL

We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of The Site and items purchased for production resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

TRANSLATION

This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.