Terms of Use

Welcome to The Brooklyn Circus (BKC) Web site. The Brooklyn Circus provides this site as a service to its customers. Please carefully read the following Terms of Use before using the Thebkcircus.com Web site (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version, we also encourage you to review the Terms of Use whenever you use this website. If at any time you do not agree to these Terms of Use, please do not use this Site.

This Web site is operated by RR2,LLC (”The Brooklyn Circus”). Throughout the site, the terms “we”, “us” and “our” refer to The Brooklyn Circus. The Brooklyn Circus offers this Web site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Although you may bypass this Agreement, your continued use of this site constitutes your agreement to these Terms of Use.

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Accuracy, Completeness and Timeliness of Information on This Site

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

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Orders, Prohibition on Reselling, and Price

The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

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Product Information

Select product can be found in our full price stores in the United States while supplies last. In some cases, merchandise displayed for sale on the site may not be available in stores. The particular technical specifications and settings of your computer and monitor could affect the accuracy of its display of the colors of products offered on the site, but we have done our best to display the products as accurately as possible.

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Use of Material on the Site

All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by The Brooklyn Circus, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to The Brooklyn Circus, is expressly prohibited. The Brooklyn Circus reserves the right to refuse or cancel any person’s registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. The Brooklyn Circus, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in The Brooklyn Circus’ sole discretion. The Brooklyn Circus neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with The Brooklyn Circus.
You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. The Brooklyn Circus reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which The Brooklyn Circus may be entitled, at law or in equity.

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Material You Submit

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
If you do submit material, and unless we indicate otherwise, you grant The Brooklyn Circus and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You grant The Brooklyn Circus and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this site will be handled in accordance with the site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify The Brooklyn Circus for all claims resulting from content you supply.

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Conduct on the Site

Some features that may be available on this site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.
Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify The Brooklyn Circus immediately. The Brooklyn Circus may assume that any communications The Brooklyn Circus receives under your password have been made by you unless The Brooklyn Circus receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “BKC”, “The Brooklyn Circus” You may not use frames or utilize framing techniques or technology to enclose any content included on the site without The Brooklyn Circus’ express written consent. Further, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without The Brooklyn Circus’ express written consent.

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Links

This site may contain links to other Web sites, some of which are operated by The Brooklyn Circus or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. The Brooklyn Circus is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

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Trademarks and Copyrights

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of RR2 LLC and The Brooklyn Circus Corporation, their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. The Brooklyn Circus reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

The Brooklyn Circus is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.

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DISCLAIMERS

Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. The Brooklyn Circus expressly disclaims all warranties of any kind, whether express or implied warranties of merchantability and fitness for a particular purpose and any warranties that material on the site are non infringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from the site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from The Brooklyn Circus or through or from the site shall create any warranty of any kind. The Brooklyn Circus does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer of warranties may not apply to you.

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Indemnification

You agree to indemnify, defend and hold harmless The Brooklyn Circus and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from that disruption. The Brooklyn Circus reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with The Brooklyn Circus in the defense of such matter.

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Jurisdiction and Applicable Law

The laws of the State of New York govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

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Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this Web site and the revised Terms of Use will take effect thirty days after their publication on this site.

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Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and The Brooklyn Circus with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

14-Day Return Policy

We want you to be completely satisfied with your purchase. If you wish to return your purchase, you may do so within 14 days of the ship date on your shipping label. Returned items can be exchanged for other merchandise, different sizes or a store credit against future purchases. Refunds are not issued under any circumstances. Returned items must be undamaged, unaltered, unworn and must include original tags and original packaging.

Please allow 10 to 12 business days for us to receive and process your return. You will receive an e-mail notification upon the completion of return processing. We are not able to issue credit until your return package has been received and processed.

Once the item(s) is returned, The Brooklyn Circus Online support will keep record of your store credit. Whenever you are ready to use your credit, simply send an email to shoponline@thebkcircus.com stating what items you would like and the order will be processed from there.

Returns should be sent to: The Brooklyn Circus 258 Bergen Street. Brooklyn, NY 11217

Online Store Credit

Online store credits are valid for 90 days from the time the returned items are received by The Brooklyn Circus

All questions and inquiries can be answered by sending an email to shoponline@thebkcircus.com please allow at least 24 hours for a response.

Please note that all sale and discounted items are FINAL SALE. The Brooklyn Circus cannot accept returns or exchanges on these items.

Prior to returning your item, please email us for a Return Authorization.. This way, we can keep an eye out for your package. We cannot be held responsible for any unauthorized returns.

The customer will be held responsible for covering shipping costs one-way on returned items, The Brooklyn Circus will cover the costs of then shipping the exchanged items back to the customer.

Domestic Shipping

For orders to the United States, shipping is done via insured USPS Priority or Express Mail. A delivery confirmation number is included.

USPS Priority Mail: $7 for orders under $50 / Free for orders over $50?, Please allow 4-7 business days for shipping.

USPS Express Mail: $30 for all orders?. Delivers next day to most locations

Orders will not be shipped out on weekends (Saturdays/Sundays).

International Shipping

International shipping is via insured USPS Global Priority or Global Express Mail, which is usually delivered in 4-7 days. The shipping rates are fixed, no matter how much or how little you order.

Canada?
Global Priority Mail: (4-10 business days): $20.00?
Global Express Mail: (3-5 business days): $30.00

Europe?
Includes: The United Kingdom. ?
Global Priority Mail: (4-10 business days): $25.00
?Global Express Mail: (3-5 business days): $35.00

Asia?
Includes: Japan
Global Priority Mail: (4-10 business days): $30.00?
Global Express Mail: (3-5 business days): $40.00

International Shipping Terms
Overall, shipping internationally via our USPS carrier options is reliable, and fast. However, there are a few things to note:?* Shipment is not available outside of the stated regions and countries at this time.?* Goods shipped outside of the USA will be declared as “Merchandise” and at their full retail value.?* The customer is responsible for any import taxes or fees associated with the delivery.?* Delivery times are approximate. Many goods are evaluated by local customs officials – and this can delay its delivery to you. This is typical during very busy or holiday periods. If this happens, there’s typically nothing that we can do to expedite your delivery.?* If the shipment is returned to us due to non-delivery, the customer is responsible for paying the costs of re-sending the item.

Saturday /Sunday Delivery: We do not offer Saturday/Sunday delivery at this time.

We do not accept:

* CODs?
* Layaway plan
?* Personal checks
?* Money orders?
* Credit Cards issued by banks located outside of these countries. ?See All Countries?
* Credit Cards with billing addresses outside of these countries.? See All Countries

PayPal® FAQ

* How does PayPal work??
PayPal is used to securely send payments over the Internet. You can choose to pay from your PayPal® account balance, a credit card, debit card or bank account. To make a PayPal® purchase, select PayPal® during checkout on the thebkcircus.com Web site and choose your method of payment. Your funds are transferred immediately and securely.

PayPal® is highly secure and committed to protecting the privacy of its users. Its industry-leading fraud prevention team is constantly developing state-of-the-art technology to keep your money and information safe. When you use PayPal® to send money, recipients never see your bank account or credit card numbers.

* How Do I Contact PayPal® Customer Service??
For the fastest response, you may access the user-friendly Help Center. Developed by the PayPal® Customer Service team, this Help Center contains a comprehensive information database. Simply type a question into the search box to receive a complete answer.

If you do not find the information you need in the Help Center, PayPal® Customer Service representatives are available to assist you. Send an e-mail for a prompt response or contact PayPal® directly by phone: Customer Service: 1-402-935-2050 (a U.S. telephone number) 4:00 AM, PDT, to 10:00 PM, PDT, Monday through Friday 6:00 AM, PDT, to 8:00 PM, PDT, Saturday and Sunday

Your Privacy

We are fully committed to protecting your privacy. When you use our website, we collect personal information such as your name, e-mail, billing & shipping address, telephone number, and payment info. All of this is necessary to ensure the best possible service. We will never sell, rent, giveaway, beg, bargain, or steal your personal information. It is solely used to correctly & fully process your order.

2 Responses to Terms and Conditions

  1. Unique clothing line I would definitely like to have in my closet.

  2. Hello,

    I am writing to discuss on becoming a stockist of The BK Circus – we love what we are seeing on your site and would like to ask for more information.

    BKRM (www.bkrm.com) is an urban x luxury webstore, aiming to have a product edit carefully curated to merge high-end and urban styles, with a vision of becoming a global online fashion and lifestyle space.

    It would be great if you can send us your SS14 lookbook and linesheets, and to let us know more details (including price terms, delivery schedules, MOQ and best sellers).
    We are happy to negotiate, and genuinely hope The BK Circus can be part of our product range.

    Please do let me know if you would like more information on BKRM for your consideration of a partnership.

    I look forward to hearing from you.

    Many thanks.

    Warm Regards,
    Sophia

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