Terms & Conditions

The GolfApparelShop.com brand is owned by Perry Ellis International, Inc. and/or its subsidiaries. golfapparelshop.com is the official website for Perry Ellis Menswear, LLC (“Perry Ellis”), a wholly owned subsidiary and division of Perry Ellis International, Inc. (referred to herein with Perry Ellis and all subsidiaries and affiliates collectively as “PEI”). We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of the golfapparelshop.com website (the "Site") constitutes your agreement to be bound by these terms. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

A Security:

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

1. Using a false password belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
2. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
3. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
5. Sending unsolicited e-mail, including promotions and/or advertising of products or services;
6. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
7. Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

B General Rules

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

C Violations

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may, at any time, result in a warning, temporary limit or suspension or immediate termination of your access to the Site, or civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are property owned, controlled, licensed or used with permission by PEI. The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by PEI or used with permission. golfapparelshop.com and all other trademarks appearing on this Site are trademarks of PEI or are licensed or used with permission of the owner by PEI.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of PEI or the owner of such material.

Perry Ellis' products displayed on the Site are generally available in most cases in select department and/or company-owned stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Perry Ellis makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location.

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your electronic display, we cannot guarantee that the display of any color will be accurate.

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to PEI on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain PEI's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PEI of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. PEI is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that PEI may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of PEI's products or services, or for such other purpose(s) as PEI deems appropriate. You agree that PEI may use and/or disclose information consistent with our Privacy Policy, available on the Site.

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which PEI does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. PEI makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by PEI. You should carefully review the website terms and privacy policy of any such websites before use.

Unless otherwise specified and except to the extent Perry Ellis products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Perry Ellis® products and services available in the United States and select foreign markets. This Site is hosted in California and operated by PEI from its offices in New York, Miami or London.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively in the U.S. District Court for the Southern District of Florida, unless jurisdictional limits prohibit it, in which case, any dispute shall be resolve​d​ in state court or small claims court in Miami-Dade County, Florida.

• You and PEI mutually consent to the resolution by final and binding arbitration of all claims (common law or statutory) relating to a Dispute that You may have with PEI. "Dispute” means any dispute, action, or other controversy between you and PEI concerning your PEI products or any warranty, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. Such claims include, but are not limited to, any controversy, claim, dispute, or difference between the Parties arising out of or relating to your purchase of any PEI products, any return or replacement of any PEI products, any warranty claim relating to any PEI products, Your transacting business with PEI in any way, or your use of PEI's Website in any way.
• If You or PEI do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules applying U.S. Federal Rules of Procedure and U.S. Federal Rules of Evidence. The AAA Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879. The arbitration shall be before a single arbitrator and will be administered in accordance with the applicable arbitration rules and procedures of the AAA. To the extent required by applicable law, the substantive law of the state in which You purchased products (or the state of delivery) shall apply. You agree to commence arbitration in your county of residence or in Miami- Dade County, Florida. PEI agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
• The Parties expressly waive the right to have a court or jury trial on any arbitrable claim. Notwithstanding any provision of the American Arbitration Association's Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable, and/or any other Rules and/or procedures of the American Arbitration Association), arbitration shall occur on an individual basis only.  To the maximum extent permitted by law, THE PARTIES WAIVE THE RIGHT TO INITIATE, PARTICIPATE IN, OR RECOVER THROUGH, ANY CLASS, COLLECTIVE, OR NON-INDIVIDUAL ACTION (the “Waiver”). In addition, to the maximum extent permitted by law, neither Party shall have the right to join or consolidate claims in arbitration with the claims of any other person or entity against the other Party to this Agreement. To the maximum extent permitted by law, the Arbitrator’s authority to resolve any dispute and to make written awards will be limited to Your individual claims.
• To the extent required by the applicable substantive law, PEI shall pay arbitration-related fees and costs to the extent they are in excess of the fees and costs that You would be required to bear if the claim were brought in court. Each side shall pay its own other costs and attorneys' fees unless the Arbitrator rules otherwise.  You will not be required to pay any fee or costs, however, if such a payment would invalidate this Agreement, and PEI will instead make that payment.  To the maximum extent permitted by law, the Arbitrator shall award the prevailing party its costs and reasonable attorney’s fees; provided, however, that the arbitrator at all times shall apply the law for the shifting of costs and fees that a court would apply to the claim(s) asserted.
• Notwithstanding any other provision of this Agreement or the AAA Rules referenced above, disputes regarding the scope, applicability, or enforceability of the Waiver may be resolved only by a civil court and not by an arbitrator. Either Party also may apply to a court of competent jurisdiction for provisional relief in connection with an arbitrable claim, including temporary or preliminary injunctive relief.
• You and PEI agree that there is not and has never been any intent, agreement, or expectation of the Parties to allow the prosecution of Mass Arbitrations, which are not permitted. As used in this Arbitration Agreement, “Mass Arbitrations” means and refers to when 30 or more arbitration demands asserting the same or similar claims are made and/or sought to be compelled by individuals during any rolling 52-week period, and such individuals are represented by the same lawyer(s) or law firm(s) and/or by one or more of several affiliated, associated or coordinated lawyers or law firms. In the event PEI reasonably believes that there are Mass Arbitrations being asserted, it shall give written notice of such to the individual and Arbitrator (if appointed) in each of the arbitrations at issue and, upon giving such notice, PEI shall not have any further obligation to arbitrate those arbitrations, and they shall be automatically stayed, pending PEI seeking a determination from a court of competent jurisdiction that the arbitrations at issue are Mass Arbitrations. PEI will not be required to pay any arbitration fees prior to and as a condition of seeking such a court determination. Should a court of competent jurisdiction hold that any arbitration demand made or sought to be compelled by any individual under this Arbitration Agreement is one of such Mass Arbitrations, then PEI will not be required to arbitrate the disputes at issue therein, which instead will be litigated in a court of competent jurisdiction.
• Nothing in this Arbitration Agreement requires arbitration of any claim that under the law (after application of Federal Arbitration Act preemption principles) cannot be made subject to a pre-dispute agreement to arbitrate claims.
• This Arbitration Agreement is the complete agreement between the Parties on the subject of the arbitration of disputes and the subject of the Waiver and supersedes any prior or contemporaneous oral or written agreement on the subject. This Arbitration Agreement can only be revoked or modified by a writing signed by the Parties that specifically states an intent to revoke or modify this Arbitration Agreement, except that PEI retains the right to make unilateral modifications to the Arbitration Agreement as required to comply with changes in the law.
• If any term of this Arbitration Agreement is determined for any reason to be unenforceable, in whole or in part, such term or portion thereof shall be deemed stricken and the balance of this Arbitration Agreement shall continue in full force and effect.

OPTION TO OPT-OUT. To the extent permitted by applicable law, you may opt out of the Arbitration Agreement and Waiver by notifying PEI in writing of Your intent to do so within 30 days of the date upon which You make Your first online purchase and/or visit PEI's website (unless a longer period is required by applicable law). You must mail your written notification to PEI, Attention: Legal Department, 3000 NW 107th Avenue, Miami, FL 33172 and your written notification must include your name, address, and an unequivocal statement that you want to opt-out of this Arbitration Agreement.

Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

PEI will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website:

You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This Agreement is effective unless and until terminated by either you or PEI. You may terminate this Agreement at any time. PEI also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in PEI's sole discretion you fail to comply with any term or provision of this Agreement.

Golf Apparel Shop offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back in stock alerts, price drop alerts, low inventory alerts by SMS message (the "Service") on 49487 . By participating in the Service, you are agreeing to these Terms and to the privacy policy. 

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Golf Apparel Shop reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

A.   Authorize Golf Apparel Shop to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

B.   Acknowledge that you do not have to agree to receive messages as a condition of purchase.

C.   Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

D.   Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, you can contact us by email at support@g.golfapparelshop.com. You can also contact us at 3000 NW 107th Ave. Miami, FL 33172.. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive 

Once you affirm your choice to opt-in to the Service on 49487, your message frequency may vary. Message topics are subject to change but you may receive alerts about:

A.   Sale promotions

B.   Event information

C.   Product launch announcements

D.   Cart reminders

E.    Back in stock alerts

F.    Price drop alerts

G.   Low inventory alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Golf Apparel Shop may add or remove any wireless carrier from the Service at any time without notice. Golf Apparel Shop and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

To Stop the Service 

To stop receiving text messages from Golf Apparel Shop, text the word STOP to 49487 any time or reply STOP to any of the text messages you have received from Golf Apparel Shop. This is the exclusive method for opting out.  After texting STOP to 49487, you will receive one additional message confirming that your request has been processed. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Golf Apparel Shop and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Golf Apparel Shop through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions 

You can text HELP for help at any time to 49487. You can contact us by email at support@g.golfapparelshop.com. You can also contact us at 3000 NW 107th Ave. Miami, FL 33172.

Arbitration and Class Action Waiver

Please read this carefully.  It affects your rights. Any dispute or claim relating in any way to your use of [PEI’S services] will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.  You and [PEI] hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.  Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”).  However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules.  The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND [PEI] ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD.  RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.  FURTHER, AND UNLESS YOU AND [PEI] AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and [PEI] are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  [PEI], however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous.  Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.  If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Limitation of Liability

Except where prohibited by law, in no event shall Golf Apparel Shop be liable for any special, indirect, or consequential damages or any damages whatsoever, including loss of profits or data, whether in an action in contract or tort, arising out of the use or performance of the program, or the performance or non-performance by Golf Apparel Shop or any third-party providers of products or services related to this program. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery, even if [INSERT BRAND NAME] has been advised of the possibility of such damages.

Merger; Waiver; Severability

These Terms & Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior oral and written agreements. No failure or delay on the part of Golf Apparel Shop in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms & Conditions will operate as a waiver thereof. If any provision of these Terms & Conditions is found to be invalid, unenforceable, or void, (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of these Terms & Conditions shall not be affected or impaired thereby.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

If you have any questions about these Terms and Conditions, please contact us at legal@perryellis.com.