Abercrombin Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Abercrombin website (abercrombin.com, “Website”), including all content, features, and services related to our products—jeans, tees, dresses, skirts, sweaters, outerwear, fragrance, and accessories. By accessing or using the Website, 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:

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

2. Website Access & Use Rights

2.1 Grant of Access

Abercrombin grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Website for personal, non-commercial purposes (or commercial purposes only if you are an authorized business partner with prior written consent). This right does not include resale, redistribution, commercial exploitation, or unauthorized modification of the Website or its content.

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. Prohibited activities include, but are not limited to:

  • Accessing or attempting to access restricted areas (e.g., admin panels, customer data databases) without authorization;
  • Using automated tools (e.g., bots, scrapers, crawlers) to collect, extract, or copy content (unless explicitly permitted in writing);
  • Uploading, posting, or transmitting content that is illegal, offensive, defamatory, harassing, discriminatory, violent, or contains malware;
  • Impersonating Abercrombin, its employees, other Users, or third parties (e.g., creating fake accounts to mislead about product quality);
  • Manipulating or interfering with Website functionality (e.g., altering product prices, disrupting order processing for jeans or fragrance);
  • Using the Website to engage in fraud (e.g., fake orders, stolen payment information, false return claims for sweaters or accessories);
  • Sharing or selling access to your Website account (if created) to third parties.

3. Account Management (If You Create an Account)

3.1 Account Creation

If you create a User account, you must:

  • Provide a unique email address and create a secure password;
  • Keep your account information (including password) confidential. You are solely responsible for all activities under your account, even if performed by a third party without authorization;
  • Notify Abercrombin immediately at [email protected] if you suspect unauthorized access or a breach of account security.

3.2 Account Termination

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

  • You violate these Terms (e.g., fraudulent orders, providing false information about outerwear sizes);
  • Your account is inactive for an extended period (we will provide prior email notice where legally required);
  • We believe your account poses a risk to the Website, other Users, or our business.

Upon termination, you lose access to your account and associated data (e.g., order history, saved favorite dresses), though we may retain certain data as required by law (see our Privacy Policy).

4. Intellectual Property Rights

4.1 Abercrombin’s Intellectual Property

All content on the Website, including but not limited to:

  • Trademarks (e.g., “Abercrombin” logo, brand name, product line names like “Essential Denim”);
  • Copyrighted material (e.g., product photos of sweaters, fragrance descriptions, blog posts about styling dresses);
  • Software, code, and design elements of the Website;

is the exclusive property of Abercrombin or its licensors. You may not copy, reproduce, modify, distribute, publish, display, or create derivative works from any of this content without prior written permission.

4.2 User-Generated Content (If Applicable)

If you submit user-generated content (e.g., product reviews of tees, photos of you wearing our skirts, feedback on accessories), you grant Abercrombin a non-exclusive, worldwide, royalty-free, perpetual, and sublicensable right to use, reproduce, modify, display, and distribute that content for legitimate business purposes (e.g., promoting outerwear, sharing customer testimonials). You represent and warrant that:

  • You own or have necessary rights to submit the content;
  • The content does not infringe on third-party intellectual property, privacy, or other rights;
  • The content is accurate, legal, and does not violate these Terms (e.g., no false claims about fragrance longevity).

Abercrombin reserves the right to review, edit, or remove any user-generated content at its discretion.

5. Website Availability & Limitations

5.1 Website Accessibility

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

  • Maintenance, updates, or technical issues (e.g., server upgrades to improve product browsing for accessories);
  • Circumstances beyond our control (e.g., internet outages, cyberattacks, natural disasters).

We will make reasonable efforts to notify Users of planned downtime (via the Website or email) and restore access promptly.

5.2 Accuracy of Content

We strive for accurate content (e.g., product prices, jeans sizes, fragrance notes, availability), but do not warrant that all content is error-free, complete, or current. We reserve the right to correct errors, omissions, or inaccuracies (e.g., a wrong sweater fabric description) anytime, without prior notice—including after order placement (see our Terms of Purchase for order acceptance details).

6. Third-Party Links & Services

The Website may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors, shipping carriers, styling blogs). These links are for convenience only and do not constitute an endorsement. Abercrombin has no control over third-party platforms and is not responsible for their content, privacy practices, or terms of use. You access third-party links at your own risk and should review their policies first.

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. ABERCROMBIN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT (e.g., no warranty that the Website will meet your specific needs, or that our jeans will fit a particular body type);
  • Warranties regarding accuracy, reliability, or availability of the Website or its content (e.g., no warranty that fragrance availability updates are real-time);
  • Warranties that the Website will be secure, virus-free, or error-free.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABERCROMBIN 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 place an order for a dress due to Website downtime);
  • Harm caused by malware, viruses, or unauthorized account access;
  • Errors or omissions in Website content (e.g., ordering the wrong size jeans due to an incorrect size chart);
  • Interruptions to Website access;
  • Claims related to third-party links or services.

ABERCROMBIN’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, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Abercrombin, its employees, directors, officers, affiliates, and licensors 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., claims of defamation from a negative sweater review);
  • Your violation of any applicable laws or third-party rights.

10. Changes to These Terms

Abercrombin 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 and update the “Last Updated” date. The updated Terms take effect immediately upon posting. Your continued access to or use of the Website after posting constitutes acceptance of the changes. We recommend reviewing these Terms periodically.

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 legal action, you agree to first contact Abercrombin at [email protected] to attempt informal resolution. If we cannot resolve the dispute within 30 days, 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 Users outside the United States, disputes shall be governed by U.S. law, and you agree to submit to the personal jurisdiction of the courts identified above.

12. Contact Us

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