TERMS & CONDITIONS 

 
Use of the website operated by RANDOM/RANDOM LLC, and their affiliates (collectively, “RANDOM/RANDOM,” “we,” “us,” “our”) with home pages located at https://randomrandom.club/, any related apps that RANDOM/RANDOM may provide, together with all products and services RANDOM/RANDOM may offer from time to time via RANDOM/RANDOM’s website and/or related apps, RANDOM/RANDOM’s related social media sites and pages (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with RANDOM/RANDOM (the website, apps, products, services, and social media pages, collectively, the “Services”) are subject to the terms and conditions stated herein (“Terms and Conditions”).

By your use of the Services you agree to these Terms and Conditions, and you certify that you are 18 years old or older and are able and competent to give RANDOM/RANDOM rights as detailed in these Terms and Conditions and to comply with these Terms and Conditions. The Services are not intended for individuals under the age of 18.

RANDOM/RANDOM reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your orders, among other consequences.

THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, TO REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS, AND/OR TO CHARGE RESTOCKING FEES.

BY USING THE SERVICES, YOU AGREE TO ARBITRATE DISPUTES AGAINST RANDOM/RANDOM IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH THE “Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law” SECTION BELOW AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.



Modifications to These Terms and Conditions

RANDOM/RANDOM reserves the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms and Conditions periodically for changes.



Your Privacy

To understand how we collect, use and safeguard the information you may provide to us via the Services, including personal information, please review RANDOM/RANDOM’s Privacy Statement.



Product Descriptions

RANDOM/RANDOM endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the “Disclaimers” section below, RANDOM/RANDOM does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. RANDOM/RANDOM reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.



Pricing and Payment

The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in U.S. dollars. Prices and availability information are subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering.



Order Acceptance

All orders placed by you are subject to acceptance by RANDOM/RANDOM and all items are subject to availability.

Acknowledgement of your order means that RANDOM/RANDOM has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. RANDOM/RANDOM may in its discretion require additional verification or information before accepting any order.

RANDOM/RANDOM reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse.

RANDOM/RANDOM will verify the availability and price of an item before it is shipped. If an item's correct price is lower than the stated price, RANDOM/RANDOM will charge the lower amount and ship you the item. If an item's correct price is higher than the stated price, if the item is no longer available, or if RANDOM/RANDOM determines that there were inaccuracies in the product information, RANDOM/RANDOM may cancel your order and notify you of such cancellation via email.



Risk of Loss

All purchases through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon RANDOM/RANDOM’s delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.



Shipping and Returns/Exchanges

Shipping. Once an order is placed it cannot be cancelled. Once the order is received, you can send the item back by following the instructions here.

For domestic orders, please allow at least 3-5 business days for order processing and verification. For international orders, please allow at least 5-7 business days for order processing and verification.

To protect our customers, RANDOM/RANDOM is unable to change/intercept the shipping address of a package to alter its delivery, and RANDOM/RANDOM will only ship to the address provided at checkout, which must match the billing address. However, you can schedule a pick up at a UPS location or reschedule a delivery date via the UPS My Choice service.

Due to our Fraud Protection Policy, all online orders are required to have identical billing and shipping addresses. To minimize any fraudulent transactions, any orders with different shipping and billing addresses will not be processed.

We are unable to combine shipping on multiple orders.



International

RANDOM/RANDOM offers DHL Express shipping for international orders. Customers will be prompted to use our shipping partner, Global-E, upon checkout. By doing so, the customer will have the ability to pre-pay their duties, import fees, and related charges up-front.

Should you wish to return your International order, please note that RANDOM/RANDOM does not offer reimbursement of the prepaid customs/duties upon return, since it is remitted to the local customs agency directly. The customer will have to contact the agency for further assistance in receiving such reimbursement.

To begin the return process of your International order, please email rr@commercialunit.co

RANDOM/RANDOM is not responsible and will not reimburse any duties or taxes resulting from your refusal of delivery or failure to pay additional duties upon arrival.



Lost or Stolen Package

As noted above, RANDOM/RANDOM is not responsible for any lost or stolen shipments. However, if your package does not arrive, please contact HELLO@RANDOMRANDOM.CLUB to initiate a UPS Claim.



Lost/Non-Issued Original Packaging Contents

RANDOM/RANDOM is not held responsible for any missing accessories within a footwear product which are to be provided by the original manufacturer, such as but not limited to: spare shoelaces, original tissue paper, hangtags, deubré, shoe trees/horns, etc. RANDOM/RANDOM is not responsible for issues relating to original footwear boxes delivered with slight and/or significant imperfections. We do not provide any form of reimbursement for this matter.



Return/Exchange Policy

For your convenience, RANDOM/RANDOM offers our customers the option to return certain products within 30 days of purchase. Certain products are non-returnable (including, but not limited to, “Final Sale” items, and international orders. IN ADDITION, IF WE REASONABLY DETERMINE THAT A PURCHASED PRODUCT THAT MIGHT OTHERWISE BE ELIGIBLE FOR RETURN WAS ORDERED THROUGH THE USE OF A ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO REFUSE ANY SUCH RETURN, TO REFUSE TO OFFER ANY REFUND, AND/OR TO CHARGE A RESTOCKING FEE.

For all returns, email HELLO@RANDOMRANDOM.CLUB and follow the instructions provided on the follow-up communication to receive your electronic shipping label and tracking number. The packaging must be intact and the product must be unused with all tags attached. Any footwear returned must be returned with the original box. PLEASE NOTE THAT RETURNS OR EXCHANGES WITHOUT PROPER DOCUMENTATION, PACKAGING, AND/OR MATERIALS CANNOT BE ACCOMMODATED. RANDOM/RANDOM reserves the right to charge a restocking fee for returns in violation of these Terms and Conditions, including items returned damaged or missing packaging or documentation, or for items that we reasonably determine were ordered through use of a robot or other automatic device or software.

Any RANDOM/RANDOM product that is delivered defective may be sent back to our store for a full refund or replacement if the product is available. For any factory flaws (i.e. broken strap, torn heel tab or loose stitching after a few wears) please contact the manufacturer directly to open a damaged product claim. RANDOM/RANDOM does not accept any worn or damaged products as returns. For returns, customers will be granted an online gift card equal to the amount paid for the item(s) returned, minus an $8 restocking fee. Original shipping cost will not be reimbursed. A shipping label will be generated upon request of a return or exchange. The online store credit is not transferable to our brick and mortar RANDOM/RANDOM locations.



License for Personal Use

Subject to these Terms and Conditions, you are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, functionality, software, information, data, products, and materials contained, described, referenced, or available on the Services (collectively, “Materials”) for your personal and non-commercial purposes. Neither title nor intellectual property rights are transferred to you, but remain with RANDOM/RANDOM, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to RANDOM/RANDOM.

In connection with this license, you may download Materials, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein.

You may include a link to the RANDOM/RANDOM website on one or more other websites operated by you, provided such websites link to the home page (https://randomrandom.club) only and you are not linking from any site or service that violates any of the below “Restrictions on Use” or that is or contains Malicious Code (as defined below) and/or content that is disparaging, abusive, harassing, illegal, discriminatory, fraudulent, or violates the intellectual property, privacy, or other rights of RANDOM/RANDOM or any person or entity. Linking to other content within the Services is prohibited without RANDOM/RANDOM's prior express written consent. This limited license expressly prohibits the framing of RANDOM/RANDOM content in any way or any other activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.



Restrictions on Use

You agree that you shall not:

(a) Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any Materials obtained from or through the Services;

(b) “Frame” or use the Services or any Materials in any way that might confuse, misdirect, or misrepresent their source, or sponsorship or affiliation thereof or therewith;

(c) Use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Services or any Materials, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods, or services;

(d) Take any action that imposes an unreasonable or disproportionately large load on the Services;

(e) Take any action in connection with your use of Services or Materials which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; or

(f) otherwise use the Services for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to RANDOM/RANDOM or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”).


FINALLY, DO NOT USE THE SERVICES WHILE OPERATING A MOTORIZED VEHICLE OR WALKING. SUCH USE MAY DISTRACT YOU, MAY CREATE A HAZARD FOR YOU OR OTHERS AND IS ILLEGAL IN MANY AREAS.



Proprietary Materials

All Services and Materials, any improvements or modifications to such Services and Materials, any derivative works based thereon, and the collection, arrangement and assembly of all such Services and Materials, are, except as otherwise expressly stated herein, owned exclusively by RANDOM/RANDOM or its licensors, and RANDOM/RANDOM (and, as applicable, its licensors) reserve all rights therein. The contents of the Services and Materials are protected by United States and worldwide copyright and intellectual property laws and treaty provisions. The trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Services and Materials are the proprietary service marks or trademarks of RANDOM/RANDOM, its licensors, or third parties, and are protected in the United States and internationally. No copying, modification or use of any of these marks or identifiers may be made without the prior, written authorization of RANDOM/RANDOM or its licensors (as applicable). Except as expressly set forth above, nothing in this Agreement shall be deemed to grant to you or any other individual or entity any license or right in or to any copyright, trademark, trade secret or other proprietary right, whether owned by RANDOM/RANDOM, its licensors, or any other person.



Disclaimers

THE SERVICES AND ALL MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (b) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES OR MATERIALS; (c) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, MATERIALS, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (d) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

IN ADDITION, RANDOM/RANDOM CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND RANDOM/RANDOM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.



Limitations of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RANDOM/RANDOM, ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF RANDOM/RANDOM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL RANDOM/RANDOM, ITS PARTNERS, OR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, RANDOM/RANDOM’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, COMBINED WITH THAT OF RANDOM/RANDOM’S PARTNERS AND ITS AND THEIR THIRD PARTY PROVIDERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.



Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold RANDOM/RANDOM, its partners, its licensors, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of the Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Services; (b) your violation of these Terms and Conditions; (c) any Submission (as defined below) provided by you to RANDOM/RANDOM; or (d) your violation of any rights of any third party.



Third-Party Links

The Services may provide links or references to third party websites, mobile applications, services, or materials which are not provided by, related to, or maintained by RANDOM/RANDOM. RANDOM/RANDOM has no responsibility for the content thereof, regardless of whether the link is provided by RANDOM/RANDOM or a third party, and RANDOM/RANDOM shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms and Conditions and Privacy Policies or Statements (and similar documents) associated with such third-party websites, applications, services, or materials before use.

The display of any link shall not and does not constitute or imply endorsement by RANDOM/RANDOM or its partners or its and their licensors of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding RANDOM/RANDOM or its partners.



Submissions

While RANDOM/RANDOM appreciates your comments and is happy to answer your questions about our products, our services, and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and RANDOM/RANDOM.

Please note that any Submissions, remarks, graphics, or other information provided by you by any means, including through the Services, email, a “Contact Us” form, any “Live Chat” functionality on the Services, or otherwise, is and will be non-confidential and non-proprietary, except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our Privacy Statement.



Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law

You acknowledge and agree that the terms contained in this Terms and Conditions are reasonable and necessary, and that your actual or threatened breach of this Terms and Conditions would give rise to irreparable harm to RANDOM/RANDOM for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle RANDOM/RANDOM to immediate injunctive and other equitable relief without any requirement to post bond.

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. RANDOM/RANDOM makes no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations you are responsible for compliance with applicable local laws. If you take legal action relating to these Terms and Conditions or your interactions with or relationship to RANDOM/RANDOM that is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in New York County, New York and waive any objection you may have to the venue or forum.

Any controversy or claim between you and RANDOM/RANDOM arising out of or relating to these Terms and Conditions, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Terms and Conditions, will be resolved by binding arbitration in New York County, New York under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms and Conditions. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, RANDOM/RANDOM and you shall each select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by RANDOM/RANDOM and you are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA.

Neither you nor RANDOM/RANDOM will participate in a class action or class-wide arbitration for any claims covered by these Terms and Conditions. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.

If any part of these Terms and Conditions is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.



Assignment

You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of RANDOM/RANDOM to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and RANDOM/RANDOM with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and RANDOM/RANDOM with respect to such subject matter.



Amendments and Modifications to the Services

RANDOM/RANDOM reserves the right to make changes to the information, data, and Materials provided on the Services at any time without notice. RANDOM/RANDOM also reserves the right to modify or discontinue the some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. RANDOM/RANDOM shall in no way be held liable for any consequence which results from RANDOM/RANDOM’s decision to modify or discontinue providing the Services or any content or functionality thereof.



Miscellaneous

You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

RANDOM/RANDOM expressly reserves the right to monitor any and all use of the Services. RANDOM/RANDOM also reserves the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Materials. RANDOM/RANDOM’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of RANDOM/RANDOM’s legal rights.

These Terms and Conditions constitute the entire agreement between you and RANDOM/RANDOM with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and representations, whether written, oral, or otherwise.



Contact Information

Questions regarding these Terms and Conditions
should be directed to:

Attn: Customer Service 
RANDOM/RANDOM
120 Walker St 3rd Floor, New York, NY 10013
hello@randomrandom.club





PRIVACY STATEMENT


Effective: October 2023

RANDOM/RANDOM respect your privacy and are committed to protecting the personal information we hold about you.

This Privacy Statement explains our practices with respect to personal information we collect and process about you. This includes information we collect through, or in association with, our websites with home pages located at https://randomrandom.club, and any related apps that we may provide, together with all products and services we may offer from time to time via our website, retail stores and/or related apps, our related social media sites (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with us (the website, products, services, and social media pages, collectively, the “Services”).

Please review the following to understand how we process and safeguard personal information about you. By using any of our Services, whether by visiting our website or otherwise, and/or by voluntarily providing personal information to us, you acknowledge that you have read and understand the practices contained in this Privacy Statement.

California residents, see our “California Privacy Statement” for more information about certain legal rights.

1) Modifications and Updates to this Privacy Statement

We reserve the right, at any time, to modify, alter, and/or update this Privacy Statement, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Statement. Your continued use of the Services following our posting and/or your acknowledgement of any revised Privacy Statement will constitute your acknowledgement of the amended Privacy Statement.

2) Applicability of this Privacy Statement

This Privacy Statement is subject to the Terms and Conditions that govern your use of the Services. This Privacy Statement applies regardless of the means used to access or provide information through the Services.

This Privacy Statement does not apply to information from or about you processed by third parties for their own needs acting as data controllers (including via their services, applications, websites or advertisements) as part of or associated with the Services. This includes, but is not limited to, PayPal (which processes payments on your behalf), Global-e (which fulfills orders on your behalf), and social media pages. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices and under no circumstances are we responsible or liable for any third party’s compliance therewith.

3) Who is the Data Controller of Your Personal Information when Using the Services?

In connection with your use of the Services and the data processing activities described in this Privacy Statement, RANDOM/RANDOM acts as a data controller. This means that we determine the purposes and means of the processing activities of your data as described below.

Contact information for RANDOM/RANDOM and its European point of contact can be found at the end of this Privacy Statement.

4) What Information Do We Collect?

We collect a variety of personal information from and about you through the Services, including:

• When you provide it to us directly;

• Automatically through logging and analytics tools, cookies, pixel tags, and as a result of your use of and access to the Services; and

• From third-party sources, including service providers such as Stripe, Cargo Collective, and Shippo, and through your interactions with us on social media websites.

You have choices about certain information we collect. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide any aspect of our Services, you may not be able to use those Services.

Finally, we may collect data that is not identifiable to you or otherwise associated with you and is not personal information. To the extent this data is stored or associated with personal information, it will be treated as personal information; otherwise, the data is not subject to this policy.

Information Collected from You. We collect personal information from you when you provide it to us, including by entering it into website forms, placing orders, creating an account, or contacting us with questions or comments.

We also collect information from you that, depending on applicable law, may not constitute personal information.

Information Collected Automatically. When you browse or use the Services, we utilize commonly-used logging and analytics tools, including Google Analytics, Klaviyo and Shopify’s analytics tools, to collect information about your device, the network used to access the Services, and information about your use of the Services.

We also use certain technologies on the Services, including cookies and pixel tags, that allow us, our service providers, and third parties to store information locally on your device, identify your device, track your interactions with other sites or with our email campaigns, and track activity over time and across websites.

Information collected automatically includes the software and hardware attributes of the device you use to access the Services, unique device ID information, regional and language settings, performance data about the Services, network provider, and IP address (a number assigned to your device when you use the Internet). In addition, information may be collected passively in the form of log files and third-party analytics (including Google Analytics and Shopify’s analytics) that record website activity. For example, log file entries and analytics data are generated every time you visit a particular page on our website, and track the dates and times that you use the Services, the pages you visit, the amount of time spent on specific pages, and other similar usage information, and general data (including the name of the web page from which you entered our website).

Information Collected from Third Parties. We may receive personal information from third parties that we have engaged to provide services to us, including payment processors (such as Stripe), international fulfilment providers (such as Shippo), ecommerce platforms (such as Cargo Collective), other vendors and service providers that provide services related to shipping, returns, customer support, fraud mitigation, and email marketing, as well as from third parties that provide web analytics and usage information to us (such as Google Analytics).

In addition, if you choose to interact with us or our partners on social media by posting to our pages, tagging us (or using certain hashtags or other identifiers) in posts, or participating in activities, we may collect certain information from the social media account you use to interact with us, including the name associated with the account, the account handle, recent activity, the content of any posts in which we are tagged, and other information that may be contained on your social media profile to allow us to respond to the posts and engage with our audience.

For the purposes of this Privacy Statement, “partners” means affiliates, service providers, licensors, vendors, manufacturers, distributors, or other third parties with which we have a business relationship.

5) How Do We Process Personal Information and on which Legal Basis?

We process personal information for two general purposes, pursuant to various legal bases:

• For our business operations (including communicating with you, fulfilling orders, providing information about our products and services, improving the Services, and complying with applicable legal requirements); and

• To market and promote our, and our partners’, products and offerings.

See the “Your Choices" section below for information about how you can make decisions about how we process personal information, including how to opt out of certain marketing communications.

We process personal information for, or based on, one or more of the following: (i) your consent; (ii) our legitimate business purposes; (iii) as necessary to perform a contract with you or to take steps at your request prior to entering into a contract; (iv) for compliance with a legal obligation.

Operational Uses. We process your personal information as part of our business activities and operations for the purposes and on the bases indicated below:

• Providing you with information tailored to your requests, responding to inquiries, and delivering services and products;

• Operating, maintaining, and improving the quality and security of the Services and such content, products and/or services as we may make available through the Services;

• Communicating with you by email and push notification, in each case with your consent if such consent is required in accordance with applicable laws or software platforms, about products, services, order status, and other topics;

• Compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies;

• Endeavoring to protect our and our partners’ rights, property, or health and safety, and the rights, property, and health and safety of our customers, users and other third parties; and

• For other purposes, as permitted or required by law.

Purpose	Legal Basis
Management of your customer account on our Services	Performance of the Terms and Conditions of our Services
Management of our commercial relationship (delivering services and products, management of orders, etc.)	Performance of the Terms and Conditions of our Services
Management of customer requests and complaints	Our legitimate interest in responding to our customers requests and complaints
Operating, maintaining, and improving the quality and security of the Services and such content, products and/or services as we may make available through the Services	Our legitimate interest in operating, maintaining, and improving the quality and security of the Services and such content, products and/or services made available through the Services
Management of litigation and disputes	Our legitimate interest to enforce our rights, those of our customers and partners in the context of litigation and disputes
Management of requests from authorities	Compliance with a legal obligation

Marketing Uses. As part of our marketing operations, we process your personal information to send messages to you about us, our partners, and the products and services we offer, which may from time to time include contests, rewards, events, and special offers for products and services. These communications may be tailored based on the communications preferences you select when providing us with your information or your activity on the Services, such as an abandoned cart, and is based on your prior consent, if such consent is required in accordance with applicable laws.

6) To Whom Do We Disclose Your Personal Information?

We disclose personal information to our service providers to allow them to provide services to us and assist in carrying out your requests, and to our partners in aggregate, demographic form in connection with our marketing and business development efforts.

In addition, we may disclose information we maintain, including personal information: when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, or health and safety, and/or that of our customers, users, and others.

7) Protecting Personal Information

We employ reasonable safeguards designed to promote the security of our systems and protect your personal information from unauthorized destruction, use, modification, or disclosure. Personal information is protected using various physical, administrative and/or technical safeguards.

However, no method of safeguarding information is completely secure. While we use measures designed to ensure the protection of your personal information, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is secure.

8) Retention of Personal Information 

We retain personal information for no longer than we deem necessary for the purposes for which it is processed as described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or health and safety, and the rights, property, and safety of our customers, users and other third parties.

Thereafter, as a general matter, your personal information will be archived and stored to be used and otherwise processed in the event of legal or regulatory requirements, statutes of limitations, disputes, or actions, and will be stored and, if applicable, used and otherwise processed until reasonably after the end of any such requirement, limitation, dispute, or action, including any potential periods of review or appeal. Subsequently, your personal information will be anonymized, deleted or archived as permitted by applicable law.

9) Your Rights Regarding Personal Information

You have a variety of legal rights regarding the collection and processing of personal information. You may exercise these rights, to the extent they apply to you, by contacting us at the contact information provided at the end of this Privacy Statement, or by following instructions provided in communications sent to you. Please be prepared to provide additional information to identify yourself and authenticate your requests.

These rights vary depending on applicable law, but may include:

• The right to know whether, and for what purposes, we process personal information about you;

• The right to know what personal information we process about you;

• The right to learn the source of personal information about you we process, where we obtain that personal information from a source other than you;

• The right to access, modify, and correct personal information about you (as set forth in more detail below under “Access, Modifications, and Corrections to Collected Personal Information”);

• The right to know with whom we have shared personal information about you, for what purposes, and what personal information has been shared;

• Where processing of personal information about you is based on consent, the right to withdraw your consent to such processing;

• The right to request restriction of processing of personal information or object to processing of personal information; and

• The right to complain to a supervisory authority.



Access, Modifications and Corrections to Collected Personal Information. We strive to maintain the accuracy of any personal information that may be collected from you, and will use commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us, and notify us as soon as possible of any updates or corrections.

In accordance with applicable law, you may obtain from us certain personal information in our records, although we may request certain reasonable additional information to help us authenticate such requests. If you wish to access, review, or make any changes to personal information you have provided to us through the Services, you may do so at any time by contacting us as provided below or, for certain information, through your account on the Services. Please note, however, that we reserve the right to deny access as permitted or required by applicable law.

Your European Union Privacy Rights

In addition to the above-listed rights, European Union privacy law provides individuals with enhanced rights in respect of their personal information. These rights include, depending on the circumstances surrounding the processing of personal information:

• The right to object to decisions based on profiling or automated decision making that produce legal or similarly significant effects on you;

• The right to request restriction of processing of personal information or object to processing of personal information carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest;

• In certain circumstances, the right to data portability, which means that you can request that we provide certain personal information we hold about you in a machine-readable format; and

• In certain circumstances, the right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain personal information we process about you.

Note that we may need to request additional information from you to validate your request. To exercise any of the rights above, submit your request using our Data Request Form.


Your Canadian Privacy Rights

Residents of Canada are permitted to request and obtain from us information respecting the existence, use, and disclosure of their personal information as well as access to that information (subject to certain exceptions pursuant to applicable laws). Without limiting the above, residents of Canada will, upon request:

• Be informed of whether we hold personal information about you;

• Be provided with an account of third parties to which we have disclosed your personal information;

• Be able to challenge the accuracy and completeness of your personal information and have it amended as appropriate; and

• Be provided with information about our policies and practices with respect to the management of personal information, including: the name or title, and address, of the person who is accountable for our privacy policies and practices; the means of gaining access to personal information; a description of the type of personal information held by us, including a general account of its use; a copy of any brochures or other information that explain our policies, standards, or codes; and what personal information is made available to related organizations. Requests may be submitted to hello@randomrandom.club



In addition, commercial electronic messages (including emails, SMS, MMS and text messages) will not be sent to persons in Canada unless they have provided explicit consent to receive such messages, or we have implied consent to send such messages pursuant to applicable legislation. However, we may still send transactional messages as permitted under applicable laws.


Your California Privacy Rights

California residents, see our “California Privacy Statement” for more information about certain legal rights.


Your Nevada Privacy Rights

Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law). However, we do not sell personal data protected under Nevada law. We will notify you of any changes to our data sharing practices and of any method(s) we put in place for Nevada consumers to exercise their opt-out rights.

10) Your Choices

In addition to your choices with respect to the collection of personal information (see “What Information Do We Collect?” above), you have the ability to make certain choices about how we communicate with you, and how we process certain personal information.

Communications Opt-Out. You may opt out of receiving marketing or other communications from us at any time through a given communications channel (such as email or telephone) by contacting us as provided at the end of this Privacy Statement.

Note that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).

Cookies and Web Tracking. Consult our Cookie Policy for more information about how to control and/or opt out of certain web tracking technologies.


11) Other Important Information About Personal Information and the Services.

Our Privacy Statement also includes information about other practices with respect to personal information, including:

• Collection of personal information from children;

• Links and references to third-party websites and services on our Services:

• What happens to personal information in the event we sell or transfer some or all of our business;

• Information about “Do Not Track”; and

• Information about where we process and transfer personal information.



Collection of Data from Children. Children under 16 years of age are not permitted to use the Services, and we do not knowingly collect information from children under the age of 16. By using the Services, you represent that you are 18 years of age or older, or are 16 years of age or older and have valid parental consent to do so.

Third-Party Websites and Services. We may reference or provide links to third-party websites and services, including those of our affiliates, service providers, and third parties with which we do business, and we are not responsible for and do not control the content, security, or privacy practices employed by such third-party websites and services. This Privacy Statement does not apply to any such third-party services; please refer to the privacy statements or policies for such third-party services for information about how they collect, use, and process personal information.

Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal information we obtain from or about you via the Services may be disclosed to any potential or actual third party purchasers and may be among those assets transferred.

Do Not Track. We use analytics systems and providers that process personal information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.

Note, however, that you may find information about how to opt out of and/or block or reject certain tracking technologies in our Cookie Policy.

International Use. Your personal information will be stored and processed in the United States. If you are using the Services from outside the United States, by your use of the Services you acknowledge that we will transfer your data to, and store your personal information in, the United States, which may have different data protection rules than in your country, and personal information may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States. For transfers of data into and out of the European Economic Area, pursuant to Article 46 of the General Data Protection Regulation, we use standard contractual clauses adopted by the European Commission.

12) Contact Us

If you have any questions or complaints about this Privacy Statement and/or how we process personal information, or would like to exercise any of the rights set forth above, please contact us at:

Attn: Customer Service - Privacy

RANDOM/RANDOM
120 Walker St 3rd Floor, New York, NY 10013
hello@randomrandom.club

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