Terms of service

Terms & Conditions

Unless otherwise noted, all materials on this Web Site, and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by All Day or its subsidiaries or affiliates, or used with permission of their owners. Such materials (collectively, the 'Content(s)') include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site. All Day All rights are reserved. 

The name and mark All Day, and all other All Day related marks depicted in the Site, are trademarks or service marks of All Day. Unauthorized use of these marks or confusingly similar marks may constitute trademark infringement. All Day’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of All Day.

The Contents contained in this Site, and the Site as a whole, are displayed for informational and promotional purposes only. This Site is solely for private, personal, and non-commercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy contents in this Site solely for your personal non-commercial use. No right, title or interest in any material or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this Site, any of the materials in this Site, or any related software. Any other use of Content or materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of All Day is strictly prohibited. 

Copyrights

All All Day branded product designs, website, logos, and tags are copyrighted designs. These copyrights are owned exclusively by All Day. Unauthorized use or reproduction of these materials may constitute copyright infringement. 

Your Agreement

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to All Day on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain All Day's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to All Day of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, All Day will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. All Day is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any use of any Comments; or (3) to respond to any user Comments. 

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such Comments. 

You agree that All Day may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that All Day may use your name, likeness, and other information for marketing and promotional purposes. 

You agree that All Day may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of All Day's products or services, or for such other purpose(s) as All Day deems appropriate.

We reserve the right to correct any possible errors, inaccuracies or omissions on our Site and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you have any questions about your purchase, you may contact us or see our Return/Exchange Policy.

Indemnification and Limitation of Liability 

You agree to indemnify and hold All Day, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Site, or any violation of these terms or of any law or the rights of any third party. All Day liability shall be limited to either the replacement of the goods or refund of the purchase price and in no case shall it be liable for incidental or consequential damages.

Miscellaneous

Unless otherwise specified and except to the extent All Day products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting All Day's products and services available in the United States and select foreign markets. This Site is controlled and operated by All Day from its offices in Los Angeles, California.

These terms shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these terms shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Central District of California and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in the state and federal courts of California. 

These terms constitute the entire agreement between you and All Day regarding the use of the Site, superseding any prior agreements between you and All Day. relating to your use of the Site. The failure of All Day to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these terms is held invalid, the remainder of these terms shall continue in full force and effect. If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. 

Termination

These terms are effective unless and until terminated by either you or All Day. You may terminate these terms at any time. All Day also may terminate these terms at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in All Day’s sole discretion you fail to comply with any term or provision of these terms. Upon any termination of these terms by either you or All Day, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of these terms or otherwise. 

Prices

Some products and services available through or in connection with this Site require that you pay a fee. You hereby authorize All Day and its merchant provider to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. All Day reserves the right to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms effective upon prior notice to customers. All Day reserves the right to terminate any account at any time for any reason. If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit, or charge card number stored), notify the Company of the problem to avoid possible liability for any unauthorized charges to Customer's account. 

Any prices that may be found on the website or other material distributed by us are for immediate purchase only and are subject to change or correction without notice. Prices listed on the All Day website shall not constitute a quotation for future purchase. Prices do not include sales taxes. Sales tax is only collected in California.

Order Acceptance

All orders are subject to our acceptance and availability of product. Canadian orders, as with other international orders may be subject to an order compliance review which includes, but is not limited to observing import restrictions imposed by Customer's government. We are not liable for products ordered internationally that do not meet local requirements. We reserve the right to not fulfill an order, restock an order, replace any order due to legal restrictions. Though we exercise diligence in regards to international orders, it is the sole responsibility of the purchasee to ensure that products satisfy local requirements. It is our intent to deliver your order promptly. We will not be liable for damages due to delivery delays of any kind. 

Freight Charges / Order Charges

If we advertise a flat charge to ship, then we will bill only for that amount. The amount of any freight or handling charges will be stated prior to requesting your payment information. Also, at times, we may impose a small order charge. If we do, you will be advised prior to submitting your payment information. International Orders may be charged tariffs, brokers fees, or other import fees which are the responsibility of the customer. We will attempt to make these known but disclaim any responsibility for them. Returns due to these costs will be subject to a restocking fee. 

Returned Goods Policy

Material may not be returned without our prior authorization. We will give full credit for merchandise returned due to defects, subject to the terms of the manufacturer's warranty. We will also issue full credit for returns due to errors by us provided your request is made within seven days of your receipt of the merchandise. Returns due to customer error or change in requirements may be subject to a 30% restocking charge; outbound freight not originally billed to the customer and return freight charges. We also reserve the right to refuse return authorization. Return authorization may be requested emailing All Day. We reserve the right to refuse unauthorized returns. Only unopened and uninstalled products may qualify for full return credit. We reserve the right to bill the customer for incomplete, damaged, or installed product returned for reasons other than warranty, defects, or errors on our part. Custom products may not be returned. Orders for custom products that are cancelled may be billed partially, or in complete at our discretion. We will be reasonable in the exercising of this right. We will also provide lead times for custom orders. The default lead time is 8 weeks though short lead times are typical and possible. We will make reasonable efforts to make customer aware of delays via email. Changes in custom specifications may also incur a price change. Should the change occur, we reserve the right to bill for the entire or partial bill depending on our progress. 

Wrong Address

If customer provides an address that is considered insufficient by the courier, the shipment will be returned to our facility. Customer will be liable for reshipment costs once updated address has been confirmed (if and as applicable).

Unclaimed

Shipments that go unclaimed are returned to our facility and customer will be liable for the cost of a reshipment to (if and as applicable).

All Day does not accept returns of sealed goods, such as but not limited to face masks, which are not suitable for return due to health or hygiene reasons. Any returned orders with face masks won’t be available for refund or reshipping and will be disposed of.

Returned by Customer

Customer must contact All Day before returning any products. Contact us here. All Day does not refund orders for buyer’s remorse including the return of products, face masks, as well as size exchanges.

Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:

1. the supply of goods that are made to the consumer's specifications or are clearly personalized;
2. sealed goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons, therefore All Day reserves rights to refuse returns at its sole discretion.

This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

Freight Claims

All shipments are made FOB shipping point. In the event of loss or damage to a shipment, you must note any shortages or damages on the delivery receipt, and then request the delivering carrier to make an inspection. A claim must then be filed on the carrier without delay. Claims for concealed loss or damage must also be filed with the carrier immediately upon discovery. While we do not assume any responsibility for freight claims, we will provide reasonable assistance to help you bring about settlement with the transportation company. 

Payment Terms

All sales are subject to payment at time of order placement. We accept Visa, MasterCard, Discover, and American Express. Companies may submit a credit application for terms for use with Corporate PO. Terms are extended on a select basis uses special criterion, including running credit, financial background check and references. Terms are also not generally extended for orders less than $3,000.00, though exceptions can be made on a petition basis. It is our desire to work with you and resolve to finding the most effective way to do so. 

Warranties

We warrant that all goods sold are free of any security interest or other lien and will in addition make available to you all transferable warranties made to us by the manufacturers of the goods. All Day makes no other express or implied warranties and specifically makes no implied warranties of merchantability or fitness for purpose. 

No Responsibility for Information Provided

Product information contained on All Day's website is derived from publications of the product manufacturers and associated information from manufacturer's websites. This information is necessarily based upon approved code installation and use under proper working conditions. We assume no responsibility by reproducing such information, and in no way do we offer a guarantee, expressed or implied, on any product. 

Governing Law

Any transactions arising out of the buyer's use of this website or otherwise initiated with All Day shall be governed by and construed in accordance with the internal laws of the State of California applicable to agreements made and to be performed entirely within that State, without regard to the conflicts of laws principles of California. 

Disputes

Any dispute regarding interpretation or enforcement of any of the parties' rights or obligations under any transactions between the buyer and All Day shall be resolved by binding arbitration according to the rules of the American Arbitration Association in the Los Angeles County, California. The parties irrevocably submit to personal jurisdiction of any State court in Los Angeles County or the United States District Court for Los Angeles in Southern California, in any action or other legal proceeding to enforce any award made by the arbitrators. The arbitrators may award attorneys fees to the prevailing party in any arbitration proceeding. All costs and expenses of the arbitration, including actual attorney's fees, shall be allocated among the parties according to the arbitrator's discretion. The arbitrator's award may be confirmed and entered as a final judgment in the courts noted above and enforced in accordance with the arbitration statutes of the State of California. Proceeding to arbitration and obtaining an award shall be a condition precedent to the bringing or maintaining of any action in any court with respect to any dispute arising under such transactions. 

Shipping Information

We ship products 8 to 12 business days from time of order receipt and processing requirements. We will not ship to PO Boxes. We most often ship your order via UPS. However, at our option, we may also ship via a common carrier. We may also ship via mail. If you want to check the status of a shipment, please contact us. We will provide you with a shipping date, order number, method of shipment and tracking information. Free Shipping when available is on domestic shipping only. Shipping quotes will be given to international destinations.

Face Masks

Face Mask product are not intended to act as a medical device or other medical product, and should not be used as a replacement for conventional and approved personal protective equipment, including surgical masks or respirators. Face masks are not suitable for return due to health or hygiene reasons.