Privacy Policy

We understands that privacy is important to our website users and customers. This Privacy Policy sets out how we will collect and use the personal information you provide to us while using the website located at www.jameskii.com (the “Site”) and/or the services provided from it (the “Services”). This Privacy Policy applies solely to the Site and the Services. It does not apply to any other site, product or service of Merch Gardens, its affiliates, third party sellers, or customers.

By accessing or using the Site, you are deemed to accept the terms of this Privacy Policy. If you do not agree to this Privacy Policy, you may not access or otherwise use the Site or Services. We reserve the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy from time to time and such changes shall be posted on the Site. We encourage you to periodically review the Site for the latest information on our privacy practices.

Personally Identifiable Information That We Collect

To provide the Site and the Services, we may collect and process certain personal information that you voluntarily submit to us, such as through our contact pages, by email, by seeking employment with us, by creating an account on the Site, by making purchases on the Site or some other means. We take care to keep this information secure and prevent any unauthorized access or unlawful use of it as described in the “Security” section below.

The personal information you may provide to us could include your name, address, date of birth, gender, email addresses and/or mobile phone numbers, and financial information such as credit/debit card numbers.

None-Personal or Aggregate Information That We Collect

When you visit the Site, we may automatically collect certain non-identifying information about you, such as the type of browser or device operating system you use, the domain name of the website from which you linked to us, the amount of time you spend on the Site and the pages on the Site that you view. We may also aggregate information collected from our users (such as the number of users in a particular region or having particular characteristics).

Information Usage

The information we collect about you or you provide to us will be used to provide you with the Services and any other services associated with them.

In addition, we may use your personal information:

- To respond to your direct queries.

- To operate the Site and to provide you with any specific services that you have requested.

- To add you to our mailing lists and to send you emails from time to time.

- To provide you with notices about your account, including expiration and renewal notices.

- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

- To create profiles to help us analyze or predict your personal preferences or interests for marketing purposes.

- To save and identify your product designs on the Site.

We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please let us know as described in the “Opt-Out Process” section below.

You may withdraw your consent to our use of your personal information at any time by contacting us at orders@jameskii.com; however, in that event, we may be unable to provide our Services to you.

Security

We have implemented technical and organizational measures, appropriate to the risk, to protect your personal information against accidental or unlawful destruction, loss or alteration and unauthorized disclosure or access. However, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online.

Data Retention

We retain your personal information, if provided by you through the Site, for as long as your inquiry is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. We also may retain your personal information for a longer period of time on the basis of our legitimate interests in providing our Services to you or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your personal information, we may continue to retain and use aggregated or anonymous data previously collected so that it can no longer be used for personal identification and/or anonymize or aggregate your personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

Other Sites

As a convenience to you, we may provide links to third party websites from within the Site. We are not responsible for the privacy practices or content of these third party sites, and by providing a link we are not endorsing or promoting such third party sites. When you link away from our Site, you do so at your own risk. We encourage you to read the policies and terms of every website you visit.

Social Networking Services

The Site may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Site, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your personal information, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties.

Information Relating To Children

Our Site is designed for those 13 years of age and older. We do not knowingly collect information from anyone under the age of 13. If we are made aware that we have received such information, or any information in violation of this Privacy Policy, we will use reasonable efforts to locate and remove that information from our records. In the case of residents of the European Union, we do not collect information from anyone under the age of 16 except with parental consent, subject to an EU member state providing by law for a lower age (not below 13 years).

Your European Union Privacy Rights

If you are a resident of the European Union, you have certain additional rights with respect to your personal information under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), including the following:

- The right of access to your personal information.

- The right to rectify your personal information if it is incorrect or incomplete.

- The right to have your personal information erased (“right to be forgotten”) if certain grounds are met.

- The right to withdraw your consent to our processing of your personal information at any time (if our processing is based on consent).

- The right to object to our processing of your personal information (if processing is based on legitimate interests).

- The right to object to our processing of your personal information for direct marketing purposes.

- The right to receive your personal information from us in a structured, commonly used and machine-readable format, and the right to transmit your personal information to another controller without hindrance from us (data portability).

If you are located in the European Union and you are or have been our customer, we may send you marketing communications based on our legitimate interests, subject always to your right to opt out of such communications. Further, if you are located in the European Union, we will never share your personal information with a third party for such third party’s marketing purposes, unless you have specifically consented to us doing so.

You may contact us at orders@jameskii.com to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances we may charge a reasonable fee for access to your personal information. Furthermore, if you believe that our processing of your personal information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country.

For purposes of the GDPR, we are a “controller” and you are a “data subject.”

Your California Privacy Rights

California law permits customers in California to request certain details about how their information is shared with third parties for those third parties’ own direct marketing purposes. If you are a California resident, you may request such information from us by contacting us by email at orders@jameskii.com. Any such request must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and zip code. Please note that we are only required to respond to one request per customer each year.

Questions and Comments

If you have any queries or comments about this Privacy Policy or our privacy practices, or wish to resume receiving information which you may have previously opted-out of receiving, please contact us at orders@jameskii.com.

Refund Policy

Due to the nature of the pre-order sales campaigns, returns will not be accepted on any item. If your order arrived with quality issues, please see the refunds policy below for information on requesting a refund for your item.

Returns/Exchanges

You will need to pay the return shipping fee and an additional processing fee in order for us to get your return processed.

Refunds

The refund policy period is 30 days following the shipping of your order. If this time has passed we unfortunately will not be able to offer you a full refund on your return.

In order to process your refund we need your order ID number and a proof of original purchase. Contact us at orders@jameskii.com with this information and a member of our customer service team will get back with you on how to proceed with your return. Please allow us at minimum 2-3 business days to respond to your inquiry.

If you are eligible for a full or partial refund, it will be provided to the original payment method on file for your order. Only the cost of the original item will be refunded. We do not offer refunds on shipping fees.

Some situations will not allow for a full refund. These may include (but are not limited to) returns made after the 30 day period, damage or wear not due to a fault of ours, and missing or damaged parts. Shipping fees are also not refunded unless there is an agreement made during the returns process.

PayPal: Any refunds processed will show back up in your Paypal account within 24 business hours. Please note, the refunded amount must be transferred back to your banking institution from your Paypal account.

Credit Card: Any refunds processed via your credit/debit card will show back up in your bank account within three to five business days.

Reserved Rights

The Jameskii merch store reserves the right to deny, reject, and limit returns based on one or more of the following situations:

- “Wardrobing”, which includes excessive returns

- Excessive returns or attempted returns of damaged items

- Excessive claims indicative of fraudulent, laundered, or criminal activity

SIZE CHARTS

Each product is made with OVERSIZED sizing. This means that you can assume these sizes are generally around 1 size LARGER than your typical sizing. If you want your product to fit snug, it is recommended to order one size SMALLER than you usually wear.

HOODIES

Sizes listed below are in inches.

TEES

Sizes listed below are in inches.