Buckmoson Terms of Use: Guidelines for Using Our Website

These Terms of Use (“Terms”) govern your access to and use of the Buckmoson website (buckmoson.com, “Website”), including all content, features, and services related to our clothing products—such as tops, bottoms, dresses, outerwear, sweaters, and layering pieces. By accessing or using the Website (whether you’re browsing products, creating an account, placing an order, or submitting feedback), you (“User,” “you”) agree to be bound by these Terms, as well as our Privacy Policy, Terms of Purchase, and other applicable policies posted on the Website. If you do not agree to these Terms, you may not access or use the Website.

1. Eligibility to Use the Website

To use the Website, you must meet the following requirements:

  • Be at least 13 years old (if you are under 18, you must have the consent of a parent or legal guardian to use the Website, and they will be responsible for your compliance with these Terms);
  • Have the legal capacity to enter into a binding agreement (if accessing the Website on behalf of a business or organization, you must have the authority to bind that entity to these Terms);
  • Provide accurate, complete, and up-to-date information when using the Website (e.g., for account creation, order placement, or feedback submission);
  • Comply with all applicable local, state, national, and international laws, regulations, and these Terms.

2. Website Access & Permitted Use

2.1 Grant of Access

Buckmoson grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes (unless you have written authorization from Buckmoson for commercial use, such as being an authorized reseller). This license allows you to:

  • Browse the Website to view clothing products, product descriptions, and pricing;
  • Create a personal account to save favorite items (e.g., a specific style of jeans or dress) and track order history;
  • Place orders for clothing products in accordance with our Terms of Purchase;
  • Submit feedback or product reviews (if applicable) in compliance with Section 4.2.

2.2 Prohibited Uses

You may not use the Website for any unlawful, fraudulent, or harmful purpose, or in any way that violates these Terms or disrupts the Website’s functionality. Prohibited activities include, but are not limited to:

  • Accessing or attempting to access restricted areas of the Website (e.g., admin panels, customer data databases, or internal order management systems) without authorization;
  • Using automated tools (e.g., bots, scrapers, crawlers, or data mining software) to collect, extract, or copy Website content (e.g., product photos, descriptions, or pricing) for commercial use or to disrupt Website operations;
  • Uploading, posting, or transmitting any content that is illegal, offensive, defamatory, harassing, discriminatory, violent, pornographic, or contains malware, viruses, or other harmful code;
  • Impersonating Buckmoson, its employees, other Users, or third parties (e.g., creating a fake account to post false reviews about our sweaters or outerwear);
  • Manipulating or interfering with Website functionality (e.g., altering product prices, disrupting the checkout process, or bypassing security measures to access unauthorized content);
  • Using the Website to engage in fraud or illegal activities (e.g., placing fake orders, using stolen payment information, or reselling clothing products in violation of our Terms of Purchase);
  • Sharing or selling access to your Website account (if created) to third parties, or allowing others to use your account without your supervision;
  • Linking to the Website from another site in a way that suggests endorsement by Buckmoson or creates a false association with our brand (e.g., a site that claims to be “official Buckmoson” without authorization).

3. Account Management (If You Create an Account)

3.1 Account Creation

If you choose to create a User account on the Website, you must:

  • Provide a valid, unique email address (preferably the same one you use to contact [email protected]) and create a secure password (we recommend a combination of letters, numbers, and symbols);
  • Keep your account credentials (email and password) confidential. You are solely responsible for all activities conducted under your account, even if performed by a third party without your authorization;
  • Update your account information promptly if it changes (e.g., a new shipping address or email address) to ensure order communications and delivery updates are sent correctly;
  • Notify Buckmoson immediately at [email protected] if you suspect unauthorized access to your account (e.g., unknown orders placed under your name or changes to your saved payment methods).

3.2 Account Suspension or Termination

Buckmoson reserves the right to suspend or terminate your account at any time, with or without prior notice, if:

  • You violate any provision of these Terms (e.g., posting false reviews, engaging in fraud, or sharing your account);
  • Your account is inactive for an extended period (we will send a prior email notice if your account is at risk of termination due to inactivity);
  • We believe your account poses a risk to the Website, other Users, or our business (e.g., an account linked to fraudulent activity).

Upon account termination:

  • You will lose access to your account and all associated data (e.g., saved favorite items, order history, or saved addresses);
  • We may retain certain data as required by law (e.g., order records for tax compliance) or to protect our business interests (see our Privacy Policy for details on data retention);
  • You may not create a new account without our prior written permission.

4. Intellectual Property Rights

4.1 Buckmoson’s Intellectual Property

All content on the Website is the exclusive intellectual property of Buckmoson or its licensors, and is protected by copyright, trademark, and other intellectual property laws. This includes, but is not limited to:

  • Trademarks: The “Buckmoson” brand name, logo, and any product line names (e.g., “Essential Jeans” or “Cozy Sweater Collection”)—you may not use these marks without our written permission;
  • Copyrighted Material: Product photos (e.g., images of our dresses or outerwear), product descriptions (e.g., details about fabric composition for a linen shirt), blog posts (if applicable), videos, and any other written or visual content on the Website;
  • Software & Design: The code, layout, and design elements of the Website (e.g., the navigation menu, product filtering tools, or checkout flow).

You may not copy, reproduce, modify, distribute, publish, display, sell, or create derivative works from any of this intellectual property without prior written authorization from Buckmoson.

4.2 User-Generated Content (If Applicable)

If the Website allows you to submit user-generated content (e.g., product reviews, photos of you wearing our clothing, or feedback), you grant Buckmoson a non-exclusive, worldwide, royalty-free, perpetual, and sublicensable license to use, reproduce, modify, display, and distribute that content for legitimate business purposes. These purposes include:

  • Posting reviews on the Website to help other Users make purchasing decisions (e.g., a review about the fit of our jeans);
  • Sharing photos of customers wearing our clothing on our social media accounts or marketing materials (e.g., a photo of you in a Buckmoson dress used in a newsletter);
  • Using feedback to improve our products or services (e.g., a comment about sweater fabric used to adjust future designs).

When submitting user-generated content, you represent and warrant that:

  • You own or have the necessary rights to submit the content (e.g., you took the photo of yourself wearing our outerwear, or you have permission from the photographer);
  • The content does not infringe on the intellectual property, privacy, or other rights of third parties (e.g., a review that does not include someone else’s personal information without consent);
  • The content is accurate, truthful, and does not contain false or misleading information (e.g., a review that does not falsely claim our dresses are “poor quality” if you have not purchased or used the product);
  • The content complies with these Terms and applicable laws (e.g., no offensive or discriminatory language).

Buckmoson reserves the right to review, edit, or remove any user-generated content at its discretion—we may take down content that violates these Terms (e.g., a false review about our products) without notice.

5. Website Availability & Limitations

5.1 Website Accessibility

We strive to keep the Website available 24 hours a day, 7 days a week, but we do not guarantee uninterrupted or error-free access. The Website may be temporarily unavailable due to:

  • Scheduled maintenance or updates (e.g., improving the Website’s mobile functionality or adding new product categories);
  • Technical issues (e.g., server outages, software glitches, or internet connectivity problems);
  • Circumstances beyond our control (e.g., cyberattacks, natural disasters, or disruptions to third-party services we rely on).

We will make reasonable efforts to notify Users of planned downtime (via a banner on the Website or email, if you have an account) and restore access as quickly as possible.

5.2 Accuracy of Content

We work to ensure that all content on the Website is accurate, complete, and up-to-date, but we do not warrant or guarantee this. Content may contain errors or omissions, including:

  • Product pricing or availability (e.g., a sweater may show as “in stock” when it is actually out of stock due to a technical delay);
  • Product descriptions (e.g., a fabric detail may be misstated, or a color may appear slightly different on screen than in person);
  • Links to third-party sites (we are not responsible for the accuracy of content on sites linked from the Website).

We reserve the right to correct any errors or omissions on the Website at any time, without prior notice. If an error affects your order (e.g., you were charged the wrong price for a dress), we will notify you and offer a resolution (e.g., a refund or adjustment to your order) in accordance with our Terms of Purchase.

6. Third-Party Links & Services

The Website may contain links to third-party websites, services, or content (e.g., social media platforms like Instagram or Facebook, payment processors like PayPal, or shipping carriers like USPS). These links are provided for your convenience only and do not constitute an endorsement or approval by Buckmoson of the third party or its content.

Buckmoson has no control over third-party websites or services, and we are not responsible for their content, privacy practices, terms of use, or reliability. Accessing third-party links is at your own risk—we recommend reviewing the third party’s policies before using their services.

7. Disclaimers of Warranties

THE WEBSITE AND ITS CONTENT, FEATURES, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUCKMOSON DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied Warranties: Warranties of merchantability (e.g., that the Website will function as expected), fitness for a particular purpose (e.g., that the Website will help you find and purchase the clothing you need), and non-infringement (e.g., that the Website does not infringe on third-party rights);
  • Warranties of Accuracy: Warranties that the Website’s content (e.g., product descriptions, pricing, or availability) is accurate, complete, or up-to-date;
  • Warranties of Security: Warranties that the Website will be secure, free from malware or viruses, or that your account information will not be accessed by unauthorized third parties (we take security measures as outlined in our Privacy Policy, but we cannot guarantee absolute security);
  • Warranties of Availability: Warranties that the Website will be available at all times or without interruption.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties will be limited to the maximum extent permitted by law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUCKMOSON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO:

  • Damages from loss of data, profits, or access (e.g., inability to access your account to track an order for a dress);
  • Harm caused by malware, viruses, or unauthorized access to your account (e.g., identity theft or fraudulent charges);
  • Errors or omissions in Website content (e.g., ordering the wrong size of jeans due to an incorrect size chart);
  • Interruptions to Website access or functionality (e.g., missing a sale due to Website downtime);
  • Claims related to third-party links or services (e.g., a problem with a payment processor that delays your order);
  • Damages related to the purchase or use of clothing products (these are governed by our Terms of Purchase and Refund Policy).

BUCKMOSON’S TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED $100.

Some jurisdictions do not allow the limitation of liability for certain damages (e.g., personal injury or property damage), so the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Buckmoson, its employees, directors, officers, affiliates, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Website (including any violation of these Terms);
  • Your account activities (even if conducted by a third party);
  • Your user-generated content (e.g., a claim of defamation from a false review about our outerwear);
  • Your violation of any applicable laws, regulations, or third-party rights (e.g., infringing on a third party’s copyright by sharing Website content without permission).

10. Changes to These Terms

Buckmoson reserves the right to update or modify these Terms at any time. When we make changes, we will:

  • Post the revised Terms on the Website;
  • Update the “Last Updated” date at the top of this page;
  • Send a notification to Users with active accounts (via email) if the changes are material (e.g., changes to account termination rules or liability limitations).

The updated Terms take effect immediately upon posting. Your continued access to or use of the Website after the changes are posted constitutes acceptance of the revised Terms. We recommend reviewing these Terms periodically to stay informed about any updates.

11. Governing Law & Dispute Resolution

11.1 Governing Law

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

11.2 Dispute Resolution

Before initiating any legal action related to these Terms or your use of the Website, you agree to first contact Buckmoson at [email protected] to attempt to resolve the dispute informally. We will work with you in good faith to address your concerns within 30 days of receiving your inquiry.

If we cannot resolve the dispute informally, either party may pursue legal action in the courts of New York County, New York, or the federal courts located in the United States District Court for the Southern District of New York (as applicable). For international Users, you agree to submit to the personal jurisdiction of these courts and waive any objection to venue in these locations.

12. Contact Us

If you have questions, concerns, or feedback about these Terms or your use of the Website, please contact our customer service team at: