Terms & Conditions

 Welcome to the Negative Inc.  (“Negative”) website (“the Site,” “we,” “us,” or “our”). Negative provides this site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of our site. By using this Site, you agree to follow and be bound by these Terms as well as any other terms, guidelines or rules that apply to any portion of this site, without limitation or qualification. If you do not agree to these Terms, please do not use this Site in any way.

Additionally, Negative reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.

Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.

Usage Restrictions

All of the content that appears on the Negative website, including all visuals, text, audio and video clips are subject to copyright protections and /or other intellectual property rights or licenses held by Negative. The entire content of the Negative website is copyrighted as a collective work under U.S. copyright laws. Negative grants you a limited license to access and make personal use of the content on this website. Content of the Negative website is intended solely for the personal, noncommercial use by the users of our Site.  Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at hello@negativeunderwear.com.

 

Ordering

 

All orders of Products must be for personal use only. By purchasing Negative's products, you hereby agree not to resell, distribute, or use such Products for any commercial purposes. All orders are subject to cancellation based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. If we have reason to believe that your order is not for personal use, we reserve the right to cancel the order. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will refund any orders that we cancel or do not process.

Trademarks

All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Negative, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Negative, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

Limited License and Site Access

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

Membership Eligibility

Membership for NegativeUnderwear.com is free. However, our membership services are not available to users under the age of 18 or to members who, at our discretion, have been suspended or removed from the Negative systems. Members agree to all terms of service and must only apply for membership if eligible.

Notice

Negative may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.

Negative Underwear may collect your email address via cookies and pixels on the Website through the use of trusted third party partners.  These partners may combine your email information with other information they have access to such as mailing address so that Negative Underwear may serve relevant marketing offers to you via direct mail.   If you do not want Negative Underwear to collect information about you, please visit to opt out.

Pricing Policy

At Negative, we are committed to providing our customers with great quality products. Our products are sold online only at limited quantities and availabilities. We have done our best to display our items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our Returns & Exchanges section for further assistance.

Site Use

You cannot access or use the Negative website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Negative cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Also, you agree that no comments or other user submissions submitted by you to the Negative website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. 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.

Mobile Terms of Service

The Negative Underwear mobile message service (the "Service") is operated by Negative Underwear (“Negative Underwear”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Negative Underwear’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Negative Underwear through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Negative Underwear. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18885479350 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Negative Underwear mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 29972 or email hello@negativeunderwear.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Refer A Friend Program

Qualified Referral A Qualified Referral is defined as a purchase made at www.negativeunderwear.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals

Referred Customer The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address)

Referral Rewards For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $75 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.

Reward Payments Rewards are payable in increments of $20. The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards

Eligibility Eligibility is limited to individuals only. Negative’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Negative’s sole discretion

No Spam You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" or usage on a coupon site is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Negative’s Refer-a-Friend program.

Right to Close Accounts Negative reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Negative Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Right to Cancel Program or Change Terms Negative reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

 

International Users

Negative uses a third party global landed cost e-commerce logistics provider to process + ship international orders. They are responsible for the financial transaction + physical shipping of the goods; Negative’s CX team handles all customer support.

While shopping and checking out, prices will be displayed in local currency. The final cost at checkout is inclusive of shipping, duties, and taxes. 

International Ordering

To get started, click on the currency icon on the upper right corner of the site and select your country from the drop down menu. Local currency should update automatically. If your country isn't listed, we don’t currently ship to that destination.

When checking out, your order will be processed by our third party global landed cost logistics provider. The order total is guaranteed and includes shipping, duties, and taxes. Note, we are unable to ship to international PO Boxes.

Exchange Rates

The cost of your order is guaranteed at the exchange rate at the time the order is placed. Our third party logistics provider calculates exchange rates in real time based on interbank rates of exchange.

If exchange rates have changes since the time you've begun shopping, you will be alerted by the site + will have to start your order again.

Duties & Taxes

International taxes, tariffs and value-added tax are determined by the purchased merchandise's country of origin (or the country it was manufactured) and the classification of that merchandise in accordance with a harmonized system used by the country. They are displayed in the order total at checkout.

Our logistics provider guarantees you will not have to pay additional fees (duties or taxes) at the time your order is delivered. By placing your order, you agree to the DDP (Delivery Duty Paid) Import Terms and Conditions.

DDP Import Terms and Conditions 

By purchasing goods on www.negativeunderwear.com I authorize Negative Inc. to import the product on my behalf. I authorize Negative Inc. may delegate the obligation to import the goods on my behalf to a subcontractor such as a customs broker. I agree to pay the taxes & duties in addition to the purchase price of the goods. 

Payment Methods

Payment methods may vary by country; you'll find all available options at checkout.

International Shipping

Orders will be shipped out within 1-3 business days (M-F) from the order date.  Standard shipping takes 5-10 business days. Express shipping takes approximately 2-3 business days. Note, shipping windows are estimates.

International Returns & Exchanges

International orders are not eligible for free returns or direct exchanges, only returns for refund or store credit. The cost of return shipping is the responsibility of the customer and original shipping fees, duties, and taxes are non-refundable.

To request a return, please email us at hello@negativeunderwear.com with the subject line 'International Return' for instructions. Once the goods arrive in good condition, it can take up to 10 business days for a refund to be processed. You will receive an email once your return is processed. 

Please ship returns back to the following address:

Negative International Returns

c/o Boxzooka

530 Secaucus Road

Secaucus, NJ 07094

973-826-9551 

 

User Submissions

Negative strives to create an interactive relationship with the members of its Site and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Negative on or by this Site shall be and remain Negative property. Users assign all property rights and interests to Negative allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Negative shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.

Monitoring

Negative has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Negative has no obligation to display or post any content. Negative, subject to the Privacy Policy referenced above, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Negative shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Negative or any other party.

Correction of Site Errors

The information on the Negative website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences. 

Modification/Termination of Website

In the event of termination, you will still be bound by your obligations under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. Negative shall not be liable to you or any third-party for any termination of your access.

Third Party Links 

To improve our Site, Negative may use and promote services provided by outside third parties. However, even if the third party is affiliated with Negative, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

Termination

Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.

DISCLAIMER

ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEGATIVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY NEGATIVE OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, NEGATIVE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEGATIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR NEGATIVE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEGATIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NEGATIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; OR (3) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF USE; (B) NEGATIVE'S PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SITE; (D) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS.

Entire Agreement

These Terms of Use constitute the entire agreement between the user and Negative with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.