TERMS OF USE

Evolve Clothing Gallery LLC Effective Date: May 1, 2025 | Last Updated: April 2026

Evolve Clothing Gallery LLC ("Evolve Clothing Gallery," "ECG," "we," "our," or "us") operates the website located at www.evolveclothinggallery.com (the "Site"). By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree, please exit the Site immediately and discontinue use.

We may update these Terms at any time by posting a revised version on the Site. Continued use of the Site after any changes constitutes your acceptance of the updated Terms. These Terms were last updated in April 2026.

ACCEPTANCE OF TERMS

By using the Site, you confirm that you are at least 18 years of age, are legally capable of entering into binding contracts under applicable law, and are not prohibited from using the Site under any applicable laws or regulations. Use of the Site by minors is not permitted without parental consent.

USE OF THE SITE

The Site is provided for your personal, non-commercial use only. You agree not to:

Use the Site for any unlawful purpose or in violation of these Terms
Resell or make commercial use of the Site or its content
Collect or harvest any personally identifiable information from the Site
Use data mining, bots, scrapers, or similar automated tools on the Site
Reproduce, copy, modify, distribute, or create derivative works from any content on the Site without our prior written consent
Frame or embed the Site or any of its content on another website without permission
Attempt to gain unauthorized access to any portion of the Site or its related systems
Transmit any unsolicited or unauthorized advertising or promotional materials
Impersonate any person or entity or misrepresent your affiliation with any person or entity

We reserve the right to suspend or terminate access to the Site for any user who violates these Terms, at our sole discretion and without prior notice.

INTELLECTUAL PROPERTY

All content on the Site, including text, images, graphics, logos, product descriptions, photographs, and the overall design and layout, is the exclusive property of Evolve Clothing Gallery LLC or its licensors and is protected by U.S. copyright, trademark, and other intellectual property laws.

The Evolve Clothing Gallery name, logo, and brand marks are proprietary to ECG. You may not use, reproduce, or display any ECG marks without our prior written consent.

Brand names, trademarks, and product imagery associated with third-party brands carried by ECG (including but not limited to Adidas, New Balance, On, A.P.C., Samurai Jeans, and others) remain the intellectual property of their respective owners.

ACCOUNTS & PURCHASES

To make purchases on the Site, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

By placing an order, you represent that all information you provide is accurate and complete. ECG reserves the right to cancel or refuse any order at its sole discretion, including in cases of pricing errors, inventory inaccuracies, or suspected fraudulent activity. If an order is cancelled after payment has been processed, a full refund will be issued.

All prices displayed on the Site are in U.S. dollars. ECG reserves the right to update pricing at any time without prior notice.

PAYMENT & THIRD-PARTY PROCESSORS

Payments are processed through secure third-party payment processors, including Stripe, PayPal, and Afterpay. ECG does not store your full payment card details. By completing a purchase, you agree to the applicable terms of the payment processor used.

Afterpay and other buy-now-pay-later services are subject to their own eligibility requirements and terms. ECG is not responsible for any disputes arising between you and a third-party payment provider.

GIFT CARDS

Evolve Clothing Gallery gift cards are available for purchase online at www.evolveclothinggallery.com/gift-card and in-store at 80 West Main Street, Somerville, New Jersey.

Gift cards are redeemable for merchandise purchases at Evolve Clothing Gallery in-store and online
Gift cards have no expiration date and are not subject to service or inactivity fees
Gift cards are not redeemable for cash and cannot be returned or exchanged for cash, except where required by applicable law
Gift cards cannot be used to purchase other gift cards
ECG is not responsible for lost, stolen, or damaged gift cards. Treat your gift card like cash; it cannot be replaced if lost or stolen unless proof of purchase is provided
Gift card balances are not transferable and may not be combined with certain promotional offers
ECG reserves the right to cancel or void gift cards obtained through fraudulent means

LOYALTY PROGRAM

The ECG Loyalty Society program allows customers to earn points on qualifying purchases and redeem them for rewards. Participation in the Loyalty Program is subject to the following terms:

Membership is free and open to customers who create an account on the Site

Points are earned on qualifying purchases as outlined on our Loyalty Program page at www.evolveclothinggallery.com/loyalty

Points have no cash value and cannot be transferred, sold, or combined between accounts

Points and rewards are non-transferable and may not be redeemed for cash

ECG reserves the right to modify, suspend, or discontinue the Loyalty Program, or adjust point values and redemption thresholds, at any time with reasonable notice

Accounts found to be abusing the program, including fraudulent transactions, unauthorized point transfers, or other manipulation, will be disqualified and may be permanently suspended

Points may expire if your account is inactive for 12 consecutive months. We will notify you by email before any expiration occurs

Upon termination of your account, any accumulated points are forfeited

Full program details, earning rates, and reward tiers are available at www.evolveclothinggallery.com/loyalty.

For gift card balance inquiries, contact us at hello@evolveclothinggallery.com or call 908-231-8933

SHIPPING & RETURNS

Shipping and return policies are detailed on our Returns & Shipping page at www.evolveclothinggallery.com/returns-shipping. These policies are incorporated into these Terms by reference and are subject to change.

Free standard domestic ground shipping is available on orders of $200 or more. Free in-store pickup is also available. ECG is not responsible for delays caused by shipping carriers or circumstances outside our control.

NEWSLETTER & MARKETING COMMUNICATIONS

By submitting your email address to join our newsletter, you consent to receive marketing emails from Evolve Clothing Gallery, including updates on new arrivals, promotions, and exclusive offers. You may unsubscribe at any time by clicking the unsubscribe link in any email or by contacting us at hello@evolveclothinggallery.com.

We comply with the CAN-SPAM Act and will never sell your email address to third parties.

PRIVACY

Your use of the Site is also governed by our Privacy Policy, which is available at www.evolveclothinggallery.com/privacy-policy and is incorporated into these Terms by reference. By using the Site, you consent to the data practices described in our Privacy Policy.

Our Site uses cookies and similar tracking technologies. You may manage your cookie preferences through the consent banner displayed on the Site, powered by Usercentrics.

DISCLAIMER OF WARRANTIES

The Site and all content, products, and services available through it are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, ECG disclaims all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

ECG does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components, or that any defects will be corrected.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Evolve Clothing Gallery LLC and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use of the Site, even if ECG has been advised of the possibility of such damages.

In no event shall ECG's total liability to you for any claims arising under these Terms exceed the total amount paid by you to ECG in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Evolve Clothing Gallery LLC and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any third-party rights.

GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey and applicable federal law, without regard to conflict-of-laws principles.

Any disputes arising from or related to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Somerset County, New Jersey. You consent to personal jurisdiction in those courts.

THIRD-PARTY LINKS

The Site may contain links to third-party websites or services. ECG is not responsible for the content, privacy practices, or terms of any third-party sites. Links are provided for convenience only and do not constitute an endorsement by ECG.

CHANGES TO THE SITE

ECG reserves the right to modify, suspend, or discontinue any aspect of the Site at any time without notice or liability. We may also change, update, or remove content at our sole discretion.

MISCELLANEOUS

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

These Terms, together with our Privacy Policy and any applicable terms of sale, constitute the entire agreement between you and Evolve Clothing Gallery LLC with respect to your use of the Site.

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