Terms of Service
1. Introduction and Agreement to Terms
Welcome to Arkive ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Arkive website, mobile application, and any related services, sales, and operations (collectively, the "Services").
By accessing, browsing, or making a purchase from Arkive, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (which is incorporated herein by reference). If you do not agree to these Terms, you are expressly prohibited from using our Services and must discontinue use immediately.
2. Definitions
"User," "you," or "your" refers to any individual or entity that accesses or uses the Services.
"Products" refers to all apparel, footwear, fragrances, accessories, and other physical goods offered for sale on Arkive.
"High-Demand Releases" refers to limited-edition products, exclusive sneaker drops, or heavily anticipated items that are subject to restricted purchase conditions.
3. Account Registration and Security
3.1 Account Creation
To access certain features, such as express checkout or order history, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
3.2 Account Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials (username and password). You agree to accept responsibility for all activities that occur under your account. You must notify us immediately at legal@arkive.com of any unauthorized use or suspected security breach.
4. Products, Authenticity, and Inventory
4.1 Authenticity Guarantee
Arkive is committed to providing 100% authentic merchandise. We guarantee that all branded products, including those from Nike, Adidas, New Balance, and premium fragrance houses, are genuine. However, Arkive is an independent retailer and is not directly affiliated with, endorsed by, or sponsored by these third-party brands unless explicitly stated.
4.2 Product Descriptions and Colors
We make every effort to display as accurately as possible the colors, features, and details of our Products. However, we cannot guarantee that your device’s display will accurately reflect the actual color or detail of the Products.
4.3 Inventory and Order Limitations
All Products are subject to availability. We reserve the right to limit the quantities of any Products we offer. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
5. Anti-Bot and Fair Purchase Policy
Because Arkive sells high-demand and limited-edition footwear, we strictly enforce a Fair Purchase Policy.
- Prohibited Software: The use of automated scripts, bots, scrapers, macro programs, or any other automated means to purchase Products or bypass our queue systems is strictly prohibited.
- Order Cancellation: If we detect that an order was placed using automated software, or if multiple orders are placed to circumvent purchasing limits, we reserve the right to cancel the order(s) without notice, permanently ban the user's IP address and account, and withhold any associated restocking fees.
6. Pricing, Payments, and Billing
6.1 Pricing Variations and Errors
All prices are displayed in the applicable local currency at checkout and are subject to change without notice. In the event a Product is listed at an incorrect price due to a typographical error or system malfunction, we reserve the right to refuse or cancel any orders placed for the Product at the incorrect price, even if the order has been confirmed and your payment method charged (in which case a full refund will be issued).
6.2 Taxes and Duties
Prices displayed on the website do not include applicable sales tax or international customs duties unless stated otherwise. You are responsible for all state, local, or national taxes, and any international import duties or clearance fees associated with your order.
6.3 Payment Processing
We use secure third-party payment processors. By submitting your payment details, you represent and warrant that you have the legal right to use the payment method provided.
7. Shipping, Risk of Loss, and Delivery
7.1 Shipping Estimates
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays caused by carrier logistics, customs, or unforeseen circumstances.
7.2 Fragrance and Hazardous Materials Restrictions
Due to the alcohol content in perfumes and colognes, these items are classified as hazardous materials (HAZMAT) by various shipping authorities. Perfumes may be restricted to standard ground shipping only and cannot be shipped to certain international or expedited destinations.
7.3 Transfer of Title
The risk of loss and title for items purchased from Arkive pass to you upon our delivery of the items to the designated shipping carrier. We are not responsible for packages stolen from your property after the carrier marks them as delivered.
8. Returns, Exchanges, and Refunds
To be eligible for a return or exchange, items must be initiated within 14 days of delivery.
8.1 Footwear Conditions
Shoes must be entirely unworn, uncreased, and show no signs of indoor or outdoor wear. They must be returned in the original, undamaged brand box (the shoe box itself cannot be used as the shipping box).
8.2 Fragrances and Accessories
- Perfumes: For health, safety, and tampering reasons, fragrances can only be returned if they remain unopened, unused, and in their original factory-sealed cellophane packaging.
- Accessories: Must include all original tags, protective films, and dust bags.
8.3 Restocking Fees
We reserve the right to charge a restocking fee of 10% on returned items, or to reject a return entirely if the item does not meet the conditions outlined above.
9. User-Generated Content
If you submit reviews, comments, photos, or other content ("User Content") to Arkive or our social media pages, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, and display such content. You agree not to post content that is defamatory, obscene, invasive of privacy, or infringing on intellectual property rights.
10. Intellectual Property Rights
The Services, including but not limited to the Arkive name, logos, website design, text, graphics, and source code, are the exclusive property of Arkive and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or distribute any of this content without our express written permission.
11. Disclaimer of Warranties
THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKIVE, ITS DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE SERVICES OR PROCUREMENT OF ANY PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless Arkive, its subsidiaries, partners, officers, directors, agents, contractors, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your infringement of the rights of a third party.
14. Dispute Resolution and Binding Arbitration
Please read this section carefully, as it affects your legal rights.
- Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by a recognized arbitration body, rather than in court.
- Class Action Waiver: You and Arkive agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
15. Force Majeure
Arkive shall not be held liable for any delay or failure in performance of any part of these Terms resulting from causes beyond our reasonable control, including but not limited to acts of God, severe weather, war, terrorism, pandemics, labor strikes, embargoes, or supply chain disruptions.
16. Severability and Entire Agreement
- Severability: If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
- Entire Agreement: These Terms, our Privacy Policy, and any other policies posted on this site constitute the entire agreement and understanding between you and Arkive, superseding any prior or contemporaneous agreements (including prior versions of the Terms).
17. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of applicable jurisdictions, without regard to its conflict of law principles.
18. Changes to Terms of Service
We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting to the website, with the "Effective Date" at the top of the page updated accordingly. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
19. Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact our legal and customer support team: