The Hole In My Sock, LLC (“The Hole In My Sock”) owns and operates the Internet site located at theholeinmysock.com (the “Website”). As used herein, the terms “you”, “your”, “yourself”, “the user” and “yours” refer to the user or registered user using this Website. The terms “The Hole In My Sock”, “we”, “us” and “our” refer to The Hole In My Sock, LLC and its related or affiliated companies.
By accessing, browsing, using, and/or downloading the pages in this Website or making a purchase through the Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse, or otherwise use this Website.
The Hole In My Sock reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates (“Modifications”). Such Modifications will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. Your use of this Website following any such Modification constitutes your agreement to follow and be bound by this Agreement as modified.
This Agreement applies to all users of the Website. As a user, you represent and warrant that you either have reached the age of majority in your jurisdiction of residence, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of thirteen (13), and while this Website may sell products intended for children, the Website itself is not intended for use or viewing by children under thirteen (13).
1.3 The Hole In My Sock reserves the right to decline some or all of The User’s order, for any reason, or without the provision of a reason.
1.4 If The User is putting an order on behalf of a business or organisation they confirm that they have the necessary authority to enter into this contract on behalf of that business or organisation, and that The User will indemnify us against all losses and expense which may be incurred if this is not the case.
1.5 All our prices are nett and priced in Singapore Dollars (SGD).
1.6 We do not charge Goods & Services Tax (GST).
1.7 We reserve the right to adjust prices at anytime. Prices in effect at the time of purchase are final. No credits or adjustments will be issued for price changes.
1.8 If you submit any information to The Hole In My Sock, via the internet or otherwise, The Hole In My Sock carefully protects the privacy of your information and does not sell or pass on your name or personal information without your permission.
1.9 The Client agrees to indemnify The Hole In My Sock at all times in respect of all claims by any person in relation to any harm, injury, allergic reaction, loss, claim or expense arising out of or in connection with the handling or usage of any of the items sold by The Hole In My Sock. All Clients are to be responsible for the proper usage of all items, including but not restricted to the proper handling of small parts and to take due responsibility and all necessary safety precautions required due to small parts and packaging being a choking hazard.
2. GRANT AND RESTRICTIONS ON USE
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof (collectively (“Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by The Hole In My Sock. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit, or otherwise exploit any Site Content is given to you and all intellectual property rights in and to the Site Content are expressly reserved to The Hole In My Sock.
3. ACCOUNT, PURCHASES, SUBSCRIPTIONS, AND CANCELLATION
Purchases: There are three types of purchases you can make through the Website (“Purchase”): (1) a one-time purchase of a particular pair of socks (“Single Purchase”); (2) a subscription for you or a person designated by you, to receive a specified number of pairs of socks per month for a specified number of months (“Pay Once Subscription”); and (3) a subscription for you, or a person designated by you, to receive a specified number of pairs of socks per month until you cancel the subscription (“Pay Monthly Subscription”). For Single Purchases, you select the socks you will receive. For Pay Once Subscriptions and Pay Monthly Subscriptions, the socks you receive will be selected by us in our sole discretion. When making a Purchase, you can have the socks sent to you or designate a person other than yourself to receive the socks (“Designated Recipient”).
Pay Once Subscriptions: If you purchase a Pay Once Subscription, you pay for all of the socks that will be delivered during the specified duration of the Pay Once Subscription at the time of purchase.
Pay Monthly Subscriptions: If you purchase a Pay Monthly Subscription, you will be charged (“Initial Payment”) the amount displayed at the time of checkout for the first order of socks in the Pay Monthly Subscription (“Subscription Cost”) . Thereafter, your Credit Card will be charged the Subscription Cost every month until you cancel the Pay Monthly Subscription as set forth below (“Renewal Payment”). The Renewal Payment will be charged to your Credit Card the same day of the month as the initial payment was made for every month during the Pay Monthly Subscription (“Renewal Payment Day”). For months with less than 31 days, if the Initial Payment was on the 29th, 30th, or 31st day of the month, the Renewal Payment will be moved up to the last day of that month. By way of example, if the Initial Payment is charged on January 31, the next Renewal Payment would be charged on February 28th (“Adjusted Renewal Payment”). If at any time the Pay Monthly Subscription Renewal Payment cannot be charged to your Credit Card because your Credit Card has expired, is suspended, or other reason related to your Credit Card or Credit Card provider, The Hole In My Sock reserves the right in its sole discretion to terminate or suspend your Pay Monthly Subscription or to charge your Credit Card later for the previous Renewal Payments which could not be charged once the issues with your Credit Card have been resolved or you have submitted a new valid Credit Card. If the Renewal Payment cannot be charged to your Credit Card due to a technical issue or error by The Hole In My Sock, The Hole In My Sock’s payment processor, or other reason outside the control of The Hole In My Sock, The Hole In My Sock may charge your Credit Card later for the previous Renewal Payment which could not be charged during the relevant month.
Cancellation of Pay Monthly Subscriptions: In order to cancel a Pay Monthly Subscription and no longer make a Renewal Payment (“Cancel”), you must notify The Hole In My Sock by either: (1) logging in to your Account, selecting “Manage Your Account”, clicking “Cancel” next to any current Pay Monthly Subscription, selecting the reason for cancelling, and then clicking “Cancel Subscription” (“In-Account Termination”); or (2) sending a message via email to [email protected] saying that you want to cancel your Pay Monthly Subscription (“Email Cancellation”) (In-Account Cancellation and Email Cancellation, collectively (“Cancellation”)). In order to be effective, an Email Cancellation must include the order number for the Pay Monthly Subscription, name of the person paying for the subscription, name of the person receiving the subscription, and the address where the socks for the Pay Monthly Subscription are sent. Cancellation will be effective the following month so long as the Cancellation is received by The Hole In My Sock by 11:59pm GMT+8 two days prior to the Renewal Payment or adjusted Renewal Payment date as the case may be (“Cancellation Deadline”). If Cancellation is not received by The Hole In My Sock by the Cancellation Deadline, then Cancellation will be effective the following month. By way of example, if the Renewal Payment Day is the 15th of the month and Cancellation is received by The Hole In My Sock on March 12th at 11:49pm GMT+8, there would be no further Renewal Payments charged. However, if the Cancellation was received on March 13th at 12:01am, Cancellation would be effective the following month and the last Renewal Payment would be charged on March 15th.
Account: To purchase a Single Purchase, Pay Monthly Subscription or Pay Once Subscription, you would to set up an account on the Website (“Account”). When creating an Account, you must provide all required information including your name, email address, a password, physical address, and credit card information for a valid credit card owned by you which will be used to make your Purchase (“Credit Card”). Only one (1) Account is permitted per email address. The information provided must be accurate and complete. The Account setup process will be complete once your Credit Card is successfully charged for your first Purchase. Customers who have purchased a Pay Monthly Subscription can change Account information, including the Credit Card associated with your Account, at any time via the Account page. If you change the Credit Card associated with your Account, it will change the Credit Card for all Pay Monthly Subscriptions associated with your Account.
You may never use another’s Account without permission. By creating an Account, you represent and warrant that the information you provide is true and that you will keep it up to date. You are solely responsible for any use or misuse of your Account and must keep your Account password confidential and secure and must notify The Hole In My Sock immediately of any breach of security or unauthorized use of your Account.
Although The Hole In My Sock not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Hole In My Sock or others due to such unauthorized use.
4. ORDERING AND SHIPPING
For (1) a one-time purchase of a particular pair of socks (“Single Purchase”), the particular pair(s) of socks will be shipped the next working day upon receipt of the payment, regardless of the date the order was confirmed.
For (2) a subscription for you or a person designated by you, to receive a specified number of pairs of socks per month for a specified number of months (“Pay Once Subscription”), and (3) a subscription for you, or a person designated by you, to receive a specified number of pairs of socks per month until you cancel the subscription (“Pay Monthly Subscription”) the designated pair(s) of socks will be shipped according to the date the order was confirmed and the dates are as follows:
For orders placed between 1st and 14th (by 11:59PM GMT+8) of the month – Socks will be shipped to reach all destinations no later than 30th of the month. If the month is February, the socks will reach no later than 3rd February.
For orders placed between 15th and 29th (by 11:59PM GMT+8) of the month – Socks will be shipped to reach all destinations no later than 15th of the month. If the month is February, the socks will reach no later than 18th February.
Free international shipping is included for (1) Single Purchase socks, (2) Pay Once Subscription socks and (3) Pay Monthly Subscription socks. This shipping policy is subject to change at any time.
5. RETURNS AND REFUNDS
Returns: We will replace any socks that are damaged during shipping or are otherwise defective at arrival (“Defective Socks”). The fact that you may not like how a particular pair of socks looks does not constitute a defect and is not a basis for replacement. We will attempt to replace Defective Socks with the same socks, but reserve the right to replace them with different socks at our sole discretion. To return Defective Socks and have them replaced, send us an email at [email protected] and we will send you instructions on completing the return/replacement process.
Upon receipt of the Required Return Information and any other required items, we’ll send out your replacement pair and won’t charge you for shipping.
Refunds: For Single Purchase customers, the particular pair(s) of socks will be mailed out upon receipt of payment. Cancellation of order and refund will not be possible.
For Pay Once subscribers, cancellation is allowed 3 days from the date of the original purchase (“Refund Request Deadline”) and we will cancel your Pay Once Subscription and issue a refund to your Credit Card for the amount paid for the remaining months. Refund requests received after the Refund Request Deadline will not result in a refund. Socks that have been mailed out prior to receiving your refund request will not be refunded. For Pay Monthly Subscription, to cancel, log in to your Account Page, click Edit Subscription, then choose Cancel Subscription at the bottom of the page. Or send us an email at [email protected] to let us know you want to cancel.
If you cancel by email, please include the following info: Your name, subscription type, and the address where you receive your socks. That way, we’ll be sure to cancel only your subscription and not one you may have sent as a gift. We’ll stop sending socks the month following your cancellation request.
We must receive your cancellation email 48 hours before subscription renewal to cancel your subscription the following month. If we receive your cancellation email less than 48 hours before subscription renewal, then you will be charged for the following month and your subscription will be cancelled the month after.
We do not refund the cost of socks that you have received and simply don’t like. We do not refund shipping costs for any packages that have already shipped.
will refund the cost of any Single Purchase, Pay Once Subscription, or initial payment of a Pay Monthly Subscription made in error, as long as we haven’t already shipped your socks before receiving your refund request. To request a refund you must send an email to [email protected] (“Refund Request”) containing the order #, your name, email address, and the type of Purchase that you want to cancel (“Required Refund Information”). If we receive the Refund Request before the socks for the relevant Purchase have shipped, we will issue a refund to your Credit Card for the amount of the Purchase. If we’ve already shipped the socks for a Pay Once Subscription, we’ll cancel any future socks for that Pay Once Subscription and refund the cost of the socks in the remaining months of the Pay Once Subscription, but will not refund the cost of the socks that have already shipped.
6. ACCEPTABLE USE
You are prohibited from transmitting any “sensitive” personally identifiable information over the Website, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card (except to make a Purchase), bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”). You are also prohibited from: (i) using the Website to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Website any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner that negatively affects other participants; (v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism; (viii) posting User Submissions or using the Website in such a way that damages the image or rights of The Hole In My Sock, other users or third parties; (ix) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Site Content in whole or in part, including, without limitation, creating any frames at any other Websites pertaining to any portions of this Website.
7. ACCESS AND ACCOUNT TERMINATION
The Hole In My Sock reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user’s access to its Website, at any time in its sole discretion, with or without cause and without notice to you.
8. ACCESS TO SITE
While The Hole In My Sock endeavors to ensure that this Website is available at all times, The Hole In My Sock will not be liable if, for any reason, this Website is unavailable at any time or for any period.
THE MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOLE IN MY SOCK DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE HOLE IN MY SOCK DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE AVAILABLE OR ERROR FREE.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOLE IN MY SOCK, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF THE HOLE IN MY SOCK EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE WEBSITE, ANY OTHER MATTER RELATED TO THIS WEBSITE AND ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE.
The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
12. THIRD PARTY LINKS
The Website may contain links to third party websites that are not owned or controlled by The Hole In My Sock. The Hole In My Sock has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, The Hole In My Sock will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve The Hole In My Sock from any and all liability arising from your use of any third-party website.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of this Website and supersedes and replaces any prior agreement and communication between the parties relating thereto.