Terms of Use

Last updated: May 19, 2022

Welcome to the IMC Global, LLC (“Intermix”, “we”, or “us”) web site, intermixonline.com (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Site (the “Agreement”).

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Price Adjustments

Online and store purchases have the same adjustment policy. INTERMIX offers a one-time price adjustment if a full-priced item is marked down within fourteen (14) days of the date of purchase. The customer must call or email within 14 days from the order date. The terms for price adjustments are as follows:

•  An item price can only be adjusted once, but a single order can contain several price-adjusted items;

• Once an adjustment is made, the product becomes final sale and thus non-returnable;

• The item must be in stock in the same color and size to receive an adjustment;

• Associates are not eligible for price adjustments; 

•  Price adjustments are not permitted on sale or Final Sale items;

Errors, Inaccuracies, And Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Site Content

Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Intermix Holdco, LLC. INTERMIX and other trademarks appearing on the Site are the trademarks of Intermix Holdco, LLC.

The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.

Unless otherwise specified, the Site and the Content are intended to promote INTEMIX’s products and services available in the United States. The Site is controlled and operated by INTERMIX from its offices in New York, New York.

User Comments, Feedback and Other Submissions

INTERMIX is pleased to hear from users and welcomes your comments regarding our products and services. INTERMIX’s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by INTERMIX’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that INTERMIX may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to INTERMIX. INTERMIX is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. INTERMIX has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead INTERMIX or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. INTERMIX takes no responsibility and assumes no liability for any Comments posted by you or any third party. Personal Information Submitted Through the Site Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Our Commitment to Privacy” link located in the footer section of the Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Prohibited Uses

• You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this Agreement.

• To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

• To impersonate or attempt to impersonate Intermix, an Intermix employee, another user, or any other person or entity (including, without limitation, by using email associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Intermix or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Site.

• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

• Copy, mirror or otherwise attempt to replicate or reproduce the Site.

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Site.

Content Standards

These content standards apply to any and all user contributions and use of interactive services. User contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, user contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Complaints

INTERMIX respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement process below.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

INTERMIX respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide INTERMIX’s Digital Millennium Copyright Act (“DMCA“) designated agent the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description where the material that you claim is infringing is located on the site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

INTERMIX’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows: [email protected]

Please note that this procedure is exclusively for notifying Intermix and its subsidiaries that you believe your copyrighted material has been infringed.

Product Information

Many products displayed on the Site are available in select INTERMIX stores in the United States. The prices displayed on the Site are quoted in U.S. Dollars, unless otherwise indicated. Certain products are available exclusively online through the Site. These products may have limited quantities. Colors & Style

We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color or style will be accurate.

Links to Other Web Sites and Services

The Site may contain links to other Web sites that are not under the control of INTERMIX. INTERMIX has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Site’s users.

Indemnification

You agree to defend, indemnify and hold INTERMIX harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL INTERMIX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Dispute resolution & arbitration agreement

INFORMAL DISPUTE RESOLUTION

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and INTERMIX agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (as provided, below) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice may be sent as follows:

To Intermix at:

Intermix Legal Department

IMC GLOBAL, LLC.

[ADDRESS]; or

[email protected]

To you at:

Your last-used billing/shipping address; or

Your last-used e-mail address.

Both you and INTERMIX agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

ARBITRATION AGREEMENT

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and INTERMIX expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a notice to the address or email provided above requesting arbitration to INTERMIX. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Intermix will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. INTERMIX waives its right to seek attorneys’ fees and costs in arbitration. However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award Intermix the reimbursement of its costs and arbitration fees against you and/or your counsel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.

In lieu of arbitration, either you or INTERMIX may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.

WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and INTERMIX agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and INTERMIX hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

OTHER TERMS

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or INTERMIX. You may terminate this Agreement at any time. INTERMIX also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

General

This Agreement shall be governed by the laws of the State of New York without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of INTERMIX’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.

 

INTERMIX Privacy Policy

Last Modified: 5.19.2022

Introduction 

IMC Global, LLC (“Company”, “us” or “we”) respects your privacy and is committed to protecting it through our compliance with this privacy policy.

This privacy policy describes the types of information we may collect from you or that you may provide when you visit the website intermixonline.com (the “Site”), when you create an account with us to use the Site, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This privacy policy is part of the Terms of Use applicable to the use of our Site. Please review this privacy policy together with the Terms of Use, to understand all of your rights and obligations, and how we operate our Site.

This privacy policy applies to information we collect:

• On the Site;
• In email, text, and other electronic messages between you and the Site;
• Through mobile and desktop applications, if any, that you download from the Site;
• When you interact with our advertising and applications on third-party websites and services, if such advertising or applications include links to this privacy policy; and
• Through any other means associated with or relating to the Site.

This privacy policy does not apply to information collected by:

• us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this privacy policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to the terms of this privacy policy.

This privacy policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the privacy policy periodically for updates.

Data About Children

Our Site is not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any personal information to us or on or through the Site.

We do not knowingly collect personal information from children under the age of sixteen (16). If you are under sixteen (16), do not use or provide any information on this Site or on or through any of its features or register on the Site (if such feature is available), make any purchases through the Site (if such feature is available), use any of the interactive or public comment features of this Site (if such feature is available) or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under sixteen (16) years of age without verification of parental consent, we will delete that information.

If you believe we might have any information from or about a child under the age of sixteen (16), please contact us at [email protected]

Information We Collect About You and How We Collect It

We may collect several types of information from and about users of our Site (some of which is considered “personal information” pursuant to applicable law), including:

• Information by which you may be personally identified, such as name, mailing address, e-mail address, telephone number, or any other information that the Site collects, which applicable law may consider personally identifiable, personal information, personal data, and other such designations;
• Information about the device you use to access the Site;
• Your IP address, Identifier for Advertisers (“IDFA”), Android/Google Advertising ID, International Mobile Equipment Identity (“IMEI”), or another unique identifier;
• Your device characteristics and functionality (including information about your operating system, hardware, mobile network, browser, browser language, etc.);
• Referring and exit web pages and URLs;
• Payment information, such as credit card number, bank card numbers, cheque, and other payment details;
• Order and refund history;
• Your browsing history, including the areas within our Site that you visit and your activities there, including remembering you and your preferences;
• Your device location or other geolocation information, including the zip code, state or country from which you accessed the Site;
• Certain other device data, including the time of day you visit our Site; and

• Information about your internet connection and internet provider.

We collect this information:

• Directly from you when you provide it to us, such as when filling in forms on the Site (including when you register for an account, subscribing to a service, signing up for a loyalty program, or requesting something from us, or when you fill out surveys).
• Automatically as you navigate through the Site, including through the use of cookies, web beacons, and other tracking technologies (including information about your network or computing device);
• From third parties, for example, our business partners;
• Records and copies of your correspondence (including email addresses), if you contact us through the Site;
• When you engage in transactions on our Site;
• When you run searches on our Site;
• When you connect a social media account to  your online account (if such feature is available); and
• When you contact our customer service agents, if available.

Automatic Data Collection Technologies

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about you, your equipment, your technology providers, and your activities, including:

• Details of your visits to our Site, including traffic data, browsing patterns, location data, logs, and other communication data and the resources that you access and use on the Site; and

• Information about your device and about your internet connection and service provider, including:
  • • Your IP address, IDFA, Android/Google Advertising ID, IMEI, or another unique identifier;
    • Your device functionality (including information about your operating system, hardware, mobile network, browser, browser language, etc.);
    • Referring and exit web pages and URLs;
    • Your browsing history, including the areas within our Site that you visit and your activities there, including remembering you and your preferences;
    • Your device location or other geolocation information, including the zip code, state or country from which you accessed the Site;
    • Your device characteristics;
    • Certain other device data, including the time of day you visit our Site; and
    • Information about your internet connection and internet provider.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may be statistical data and may also include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This information enables us to:

• Allow you to use and access the Site, including preventing fraudulent activity and improving security functionality;
• Assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site;
• Offer you enhanced functionality when accessing the Site, including identifying you when you sign into our Site, and keeping track of your specified preferences;
• Deliver content relevant to your interests on our Site and third-party sites based on how you interact with our advertisements and/or content;
• Estimate our audience size and usage patterns;
• Speed up your searches; and
• Analyze our services and products and perform market research.

When you visit or leave our Site by clicking a hyperlink or when you view a third-party site that includes our plugins or cookies (or similar technology), we may automatically receive the URL of the site from which you came or the one to which you are directed.

We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we may use for fraud prevention and security purposes. For location information, we may use this information to provide customized services, content, and other information that may be of interest to you. If you no longer wish for us, our affiliates, or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions on how to do this. Please note that if you disable such features, your ability to access certain features, services, content, or products may be limited or disabled.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Among other uses, the Site uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS. Note that while you can set your browser to not allow cookies, we may not be able to honor that request, and may track your activity and collect information about you and your online activities even when the browser is set to “do not track”;
• Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies and you may not be able to shut down our collection of and use of information through this technology;
• Web Beacons, Pixels and Tags. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity);
• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as information about the links you click on;
• ETag, or entity tag. An ETag, or entity tag, is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. It is one of several mechanisms that HTTP provides for web cache validation. These allow websites to be more efficient and not serve content again, when data is already cached and ready to view;
• Fingerprinting. Fingerprinting refers to the collection and analysis of information from your device, such as your operating system, plug-ins, system fonts and other data, for purposes of identification;
• Recognition Technologies. Recognition technologies refers to various technology features used by websites, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user); and
• Log Files. These track actions occurring on our Site, and which help us collect your IP address, browser type, Internet service provider, the webpages from which you came or to which you go before and after visiting our Site, and the date and time of your visits.

Google Analytics

We use Google Analytics, a service provided by Google, Inc. (“Google”) for various purposes, including potentially to analyze traffic on our Site, to grow our business, to improve and develop our services, to monitor and analyze use of our services, to aid our technical administration, to increase the functionality and user-friendliness of our services, and to verify that users have the authorization needed for us to process their request. Google may collect your IP address, and other information (although typically not your name), and utilizes the data collected to track and examine the use of our Site, and to prepare reports for us based on your activities online, among other uses. As part of Google Analytics, Google tracks many variables, including what website you visited prior to coming to our Site, how long you stay on a particular page, and your geographic location. Please be aware that Google uses the data it collects from our Site for its own purposes, and we do not control or direct such usage. Please visit Google’s privacy policy to understand how Google uses the information it collects: https://policies.google.com/privacy?hl=en-US.

You may be able to opt out of the use of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.

Behavioral Advertising

We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

Do Not Track

Do Not Track (“DNT”) is a concept promoted by certain regulatory authorities and industry groups for development and implementation of a mechanism that would allow internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that allows a user to set a preference in the browser to not have his/her activities on the internet tracked. You can usually access your browser's DNT option in your browser's preferences. When a user’s browser is set to DNT, some cookies and other tracking technologies may become inactive, depending on how the website visited responds to DNT browser settings. If that occurs, the website visited will not recognize you upon return to that website, save your passwords or user names, and some other features of a website may become unavailable or not function properly. Given the lack of a standard in the industry or any clear regulatory guidance on this issue, we do not comply with DNT signals from your browser at this time.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Site may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any personal information:

• To present our Site and its contents to you;
• To provide you with information, products, or services that you request from us;
• To fulfill any other purpose for which you provide it;
• To provide you with notices about your account and/or the Site;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, if needed;
• To notify you about changes to our Site or any products or services we offer or provide though it;
• To allow you to participate in interactive features on our Site, if any;
• To develop and create our products and services;
• For behavioral tracking, profiling and advertising;
• For any other purpose as needed for our business;
• In any other way we may describe when you provide the information;
• For any other purpose with your consent;
• To contact you about our own and third-parties' goods and services that we think may be of interest to you; and
• To enable us to display advertisements to our advertisers' target audiences.

Aggregated Information. 

We may aggregate and/or anonymize personal information so that it will no longer be considered personal information. We do so to generate other data for our use, which we may use and disclose for any purpose. For example, we may calculate the percentage of our site users who have a particular telephone area code.

Updating Personal Information

We prefer to keep your personal information accurate and up to date. If you would like to change your contact information, please contact us at [email protected] We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates;
• To contractors, service providers, and other third parties we use to support our business and assist us in providing services and offering our products;
• To social media platforms, if you choose to connect your account with any social media pages, or if you log in to your account on the Site through those accounts (if such functionality is available to you);
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Site users is among the assets transferred;
• To third parties to market their products or services to you;
• To fulfill the purpose for which you provide it;
• For any other purpose disclosed by us when you provide the information; and

• With your consent.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties. 

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including responding to any government or regulatory request; 
• To enforce or apply the Terms of Use, including this privacy policy, and any other agreements between us, including for billing and collection purposes; and

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Data Security

We have implemented measures intended to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and to change your password from time to time. We also highly recommend that you use a password that is dissimilar to and cannot be easily found by unauthorized third parties who may have obtained your login credentials to other sites. Keep in mind that if you use the same password for all websites, if someone obtains your credentials for one site, they may be able to then use those credentials to log into any other site you use.

Unfortunately, the transmission of information via the internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted through or collected through the use of our Site. Any transmission of personal information is at your own risk.

We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account, if applicable. We may also post a notice on the Site home page. The date this privacy policy was last revised is identified at the top of this page. You are responsible for periodically visiting our Site and this privacy policy to check for any changes.

 

YOUR CALIFORNIA PRIVACY RIGHTS

This section of the privacy policy applies solely to California residents.

We adopt this Section of the privacy policy in order to comply with the California Consumer Privacy Act of 2018 (“CCPA”).  Certain terms used in this Section of the privacy policy are defined in, and shall have the meanings ascribed to them in the CCPA. 

Note that the term “Personal Information”, as used in this California Specific Section of the privacy policy uses the term as it is defined in the CCPA, and not as defined in the main body of this policy. 

California Residents

California Civil Code Section § 1798.83, known as the “Shine The Light” law, permits users of our Site who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding year, and the names and addresses of those third parties.  You may request this information from us no more than once a year, but such request will be handled by us free of charge to you.  To make such a request, please send an email to [email protected]

Do Not Track

Please see DNT disclosure set forth in main body of this Policy.

Data Collection

We have collected the following categories of Personal Information within the last twelve (12) months:

Category of Personal Information	Categories of Sources of Collection	Business or Commercial Purpose for Collection
A. Identifiers.	Social Media Platforms Third-party vendors, affiliates and business partners Provided by customers From platform activity Provided by business partners Provided by website users	To provide our products and services To improve our products and services To analyze and understand our website and our business To market our products and services
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Third-party vendors, affiliates and business partners Provided by customers Collected from platform activity Provided by website users	To provide our products and services To improve our products and services To analyze and understand our website and our business To market our products and services
C. Protected classification characteristics under California or federal law.	Third-party data vendors Provided by employees	To provide our products and services and improve them To run our business To offer employment, to provide insurance and benefits, for background checks
D. Commercial information.	Provided by customers Internal Records	To provide our products and services To maintain business relationship with partners
E. Biometric information.	None	None
F. Internet or other similar network activity.	Activity on platform by customers, site users and employees	To provide our products and services and improve them To market our products and services To track employee actions for internal reports and information security purposes
G. Geolocation data.	None	None
H. Sensory data.	None	None
I. Professional or employment-related information.	Publicly available information Third-party data vendors Business partners Job applicants Employees	To provide our products and services and improve them To market our products and services To provide employment opportunities and employee benefits
J. Inferences drawn from other Personal Information.	Provided by website users and customers	To provide our products and services and improve them To market our products and services For research and development

We do not knowingly collect any Personal Information of persons under the age of 16.

California Consumer Rights Pursuant to the CCPA

California consumers have specific rights regarding how your Personal Information is collected and used.

• You have the right to request that we disclose to you or your authorized agent acting on your behalf the following information covering the past twelve (12) months:
  • Specific pieces of Personal Information that we have collected;
  • Categories of Personal Information collected;
  • Categories of sources from which Personal Information is collected;
  • Categories of Personal Information sold or disclosed for a business purpose.
  • Categories of third parties to whom we sold or disclosed the Personal Information for a business purpose;
  • Our business purpose for collecting (or selling) Personal Information;
• You have the right to request deletion of your Personal Information (with exceptions noted by law – more on this below);
• You have the right to request that your Personal Information not be sold to third parties; and
• You have the right not to be discriminated against because you exercised these rights.

Data Deletion

As permitted by the CCPA, in the event you request deletion of Personal Information that we have collected about you, we may be unable to comply with such a request if your Personal Information is necessary to:

• Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you;
• Detect security incidents, protect against malicious deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another Consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with section 1546) of Title 12 of Part 2 of the Penal Code;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of that information is likely to render impossible or seriously impair the achievement to such research, if you have provided informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with a legal obligation; or
• Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Specifically, we will not do any of the following unless permitted by the CCPA:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Do Not Sell My Personal Information

We sell Personal Information, as the term “sale” is defined pursuant to the CCPA. 

As a California consumer, you have the right to opt out of the sale of your Personal Information to third parties.

In the twelve (12) months prior to the posting of this Policy, we have sold to third parties the categories of Personal Information about California residents set forth below:

Categories of Personal Information Sold	Categories of Third Party to Which Personal Information Was Sold
Identifiers. Commercial information. Internet or other similar network activity. Inferences drawn from other Personal Information.	Our business partners Online service providers (e.g., analytics, cookies) used on our Site

Data Sharing

In the twelve (12) months prior to the posting of this Policy, we have disclosed for a business purpose the categories of Personal Information about California residents set forth below:

Category of Personal Information Disclosed for a Business Purpose

Category of Persons to Whom Personal Information Was Disclosed

Identifiers. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Protected classification characteristics under California or federal law. Commercial information. Biometric information. Internet or other similar network activity. Professional or employment-related information. Educational information. Inferences drawn from other Personal Information.

Our affiliates and service providers Our customers x The general public, via our free public website

How to Exercise Your CCPA Rights

You can exercise all of your rights granted to you pursuant to the CCPA by contacting us at [email protected]

California law requires us to verify your identity before processing your request. In order to make a request pursuant to the CCPA, you must provide us with your name, address, and any login account information you use on the Site. If you are requesting specific pieces of Personal Information that we have collected about you, you will also be required to email us at [email protected] a signed declaration under penalty of perjury that you are a California resident and that you are the consumer whose Personal Information is the subject of the request. Note that we will not process your request to disclose specific pieces of information we have about you until we receive this signed declaration, and your request will not be considered timely submitted until we have this document in our possession. 

We will review the information you have provided against the information in our databases, and attempt to verify your identity.  However, please note that under certain circumstances, we may require you to provide additional information in order to allow us to confirm your identity and your residency before we can process your requests.  Also note that you are only entitled to make a Personal Information request up to twice in a 12-month period.

If (or when) you submit your CCPA request by email, please include “California Privacy Rights” as the subject line. If you make a request to exercise your rights under the CCPA by telephone, we may ask you to provide the request in writing so that we may verify your identity.

We will acknowledge your request within 10 days and respond to your request within 45 days or let you know if we need additional time or information to verify your identity (and if so, why).

Using an Authorized Agent

A California resident may use an authorized agent to submit a right to know request, a request to delete, or a request to opt-out of the sale of Personal Information by emailing us at [email protected] To use an authorized agent for these purposes, both the resident and the agent will be required to verify their identities with us. For this purpose, the agent will be required to submit a request with their first and last name and email address, and the following information about the consumer on whose behalf they are making the request: name, address, and any login account information you use on the Site.  In addition, the agent will be required to provide via email written authorization from the consumer to act on their behalf in making these requests. If we cannot authenticate the identity of the agent making the request, we may also require that the consumer confirm directly with us that they have in fact authorized their agent to act on their behalf. We may deny a request from an agent who cannot meet these requirements.  If the agent has provided a power of attorney pursuant to Cal. Prob. Code Sections 4121 to 4130, then the verification that the consumer has authorized the agent to act on their behalf will not be necessary. 

 

Track Order

Check your Order Status online.

FAQs

 

Returns

Thank you for shopping with INTERMIX, we hope you love your purchase. If you don’t, we offer returns within 30 days. More details below.

NOTICE: Due to a change in ownership and technology platform on Monday, March 27, 2023, any full priced items returned that were purchased prior to Monday, March 27, 2023, will not be eligible for a refund. For more information, please contact [email protected]

● Flat $5 return fee on all orders.

● All returns received within the 30-day window will be refunded via your original payment method. Please note: It may take up to 10 business days to process.

● Items must have original tags attached and be returned in original packaging.

● Items must be returned in perfect condition, unworn and undamaged. Any product that is damaged upon receipt must be reported to Customer Service within 48 hours of delivery or a return may not be approved.

● All items marked FINAL SALE are not eligible for exchanges, returns or price adjustments.

Return approval is at the discretion of our operations team and INTERMIX reserves the right to deny any return that does not comply with our policy.   INTERMIX is not responsible for wear and tear and any changes that occur to an item, due to the nature of garment materials.  Denied returns will be shipped back to the customer. 

Domestic Return Procedure

To initiate a return in accordance with the INTERMIX Return Policy, please log into your INTERMIX account or visit https://returns.narvar.com/intermix/returns. There you’ll find clear instructions for processing your return, including printing your own label or generating one at a nearby UPS store.To ensure your return is processed in a timely manner, please use the original packaging

Please include only items from this order that you have selected to return. Adding additional items which are not part of the return will result in significant delays.

Exchanges

We don’t currently offer an exchange service. To make an exchange, you must return the original item in accordance with our return policy and place a new order.

Frequent Returns

To ensure a positive experience for all of our clients, if we identify an unreasonable return pattern, we may restrict or refuse future return transactions from such clients at INTERMIX stores or intermixonline.com.

Non-INTERMIX Returns

Please contact our Customer Service team and advise them that you are attempting to retrieve a purchase which was not made through INTERMIX.  INTERMIX will make all attempts to assist with locating and returning your NON-INTREMIX item, however, please note, INTERMIX can’t be held responsible for replacing, returning or compensating you for any NON-INTERMIX item you may have accidentally returned to us.

International Return Procedure

To return your international online order, please contact us at [email protected] or 855-642-7316 for instructions. Please note, international web orders may not be returned in INTERMIX stores. For more information on International returns, please click here.

 

Start a Return

Shipping Information

 

Our Shipping Policies

We process orders for shipping Monday - Friday, excluding weekends and holidays. All orders received on weekdays after 12pm EST, on weekends or holidays will begin processing the following business day. 

U.S. Shipping 

Please allow 24-48 business hours for processing pending merchandise availability and credit card authorization.

Domestic Shipping Options and Rates

GROUND - $5.00

2nd DAY AIR - $25.00

NEXT DAY AIR - $35.00

Please note, we do not offer Saturday delivery.   

Please allow 24-48 business hours after placing your order for processing.

For full details of our International shipping options and rates, please click here.

Tracking Your Order

Check your shipping email to easily track the progress of your shipment. .

Multiple Item Orders

If your order includes several items, they may be sent to you in individual packages from different locations. If this happens, you will receive an email notification as soon as each individual item is shipped to you. Each email will include the tracking number for that specific package and you will be able to track the progress of each item using the method outlined in Tracking Your Order, above.

Preorders

Preorders are items that are not yet in stock, but will be available to ship at a future date.  The estimated shipment date for preorders appears on the item's product detail page.  Preorders are reserved until the item reaches our warehouse, where it will then be shipped to you.  Ship dates and availability are determined by the designer and are subject to change.  You will not be charged until the item ships.  If the item is cancelled for any reason, you will not be charged.

 

 

International Orders

 

Please Note: As a temporary measure, international shipping is not available at this time.

• INTERMIX offers shipping to over 100 countries and territories and counting.

• All of our international orders are managed and made secure by our partner vendor Borderfree, a technology company that helps domestic retailers carry out transactions with global consumers.  

If your country is not currently a shipping destination, please continue to monitor the site as we do update our shipping destinations regularly.

Payment Options, Exchange Rates, Duties and Taxes, Tracking, Returns and Restrictions

For international shipping cutoffs, please contact Customer Service at (855) 642-7316 or [email protected]

• Add items to your Shopping Cart and click on the Checkout button. Borderfree will calculate and display a guaranteed order total in your preferred currency, including all shipping costs from our warehouse(s) in the U.S. to your selected international destination, as well as any applicable duties and taxes imposed by the customs and revenue authorities in the destination country. If you would like to change your default shipping country, click on the international flag icon at the top of our website to select your shipping destination and preferred currency.

• After you've completed your purchase on our website, we ship your item or items to the Borderfree shipping hub in the United States. Borderfree then ships your order to its international destination.

•  Borderfree supports Visa, MasterCard, PayPal, American Express, JCB and China UnionPay, with additional payment options coming soon. Your account is billed by Borderfree when your package is shipped to its final destination and your credit card statement will read "BF*Intermix" where "BF" denotes the Borderfree network.

• Duty, customs tariffs, taxes and VAT are set by the destination country, and are determined and guaranteed by Borderfree during checkout.

• The amounts are determined based on:

  • The merchandise's country of origin or manufacture

  • The merchandise classification, using a system adopted by the countries that Borderfree supports

For more information, contact Customer Service.

• Certain items in our online catalog may be unavailable for international shipping. If there are any items that cannot be exported from the United States or imported into your destination country selection, Borderfree will notify you during the checkout process.

• Track the progress of your international package(s) here. If for any reason you are not satisfied with your purchase, please contact us within 14 days of receipt of your order to initiate your return. Your returned merchandise must be in the original condition and accompanied by a receipt. Returns and/or exchange requests on final sale merchandise will not be accepted. 

• Returned items must be sent to Borderfree, our partner vendor for international orders, with a Return Merchandise Authorization form. Returns sent without this authorization form may not be accepted. The customer is responsible for returning the merchandise with their carrier of choice and is responsible for the return fee. We recommend keeping the tracking information for reference.

 

 

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