Terms & Conditions

Last Updated: December 2023

Welcome to the Bills Khakis website (www.billskhakis.com) (the “Site”). The Site is owned and operated by NEJ, Inc. (“Company”, “Bills Khakis”, “we” or “us”) and is provided as a service to our customers and website visitors (“You”). You must be age 18 or older to use the Site and these terms of use govern Your use of the Site, including any purchases made through the Site. These terms, together with the Privacy Policy, and any other documentation referred to therein constitute the agreement between You and us with respect to the use of the Site and the purchase of any products made through the Site (the “Agreement”).

PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THE AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. 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 OR MAKE ANY PURCHASES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

Transactions

You can place orders for products through the Site. 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 payment method, and/or orders that use the same billing and/or shipping address. You represent and warrant that You are buying products from the Site for Your own personal or household use only, and not for resale or export. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

If we make a change to or cancel an order, we will attempt to notify You by contacting the email and/or billing address/phone number provided at the time the order was made.

Prices and Payment Terms

All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All applicable taxes and charges (including shipping and handling charges) will be added to Your total and will be itemized in Your shopping cart and Your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and payment must be made when You place Your order through the Site. Payments for products purchased through our Site are processed by third party payment processor(s), for example, Shopify, and Your placement of an order and submission of payment information authorizes the third party payment processor(s) to collect, process and store Your information.

We accept a variety of payment options for purchases made through the Site, including credit cards. You represent and warrant that (i) you have the legal right and are duly authorized to use any payment card or other payment method utilized in connection with your purchase; (ii) the payment information You supply to us is true, correct, and complete; (iii) charges incurred by You will be honored by Your payment card company or other payment method company; and (iv) You will pay charges incurred by You at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of Your order. Your authorizations in this section also apply to our third party payment processor(s).

Shipping; Returns and Exchanges

Our Site supports shipping to the United States and You are responsible for any shipping charges as shown in Your shopping cart. Title and risk of loss pass to You upon delivery. Any shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. For shipping outside of the United States, please contact us at 888.9.KHAKIS (888.954.2547).

We want You to love what You ordered! We welcome Your feedback and want to make Your order right. We can be contacted at 888.9.KHAKIS (888.954.2547) for any questions pertaining to Your order, returns, or exchanges.

Further information pertaining to shipping and assistance with returns, exchanges, or other order inquiries, can be found at our Shipping and Returns page.

Product Availability; Product Display

We pride ourselves in providing exclusive, quality products. Availability of products may vary on the Site. Some featured items may be available only in limited quantities or only while supplies last. Once a product is out of stock, we will attempt to remove the product promptly from display on billskhakis.com. Display of a product on our Site is not a guarantee that the product is currently in stock or that it will be available on the Site when You visit again. If You are unable to locate a particular product that caught Your attention on a previous visit to the Site or if You have any questions concerning the availability of a particular product, please contact us at 888.9.KHAKIS (888.954.2547). We will make every effort to fulfill Your requests whenever possible.

We make reasonable efforts to display our products on the Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of Your computer monitor or device screen, may significantly affect what You see. We are not responsible for the display of any color, texture or detail of our product on Your computer or device and cannot guarantee the accuracy thereof. However, if You are dissatisfied with anything You purchase from the Site, You may return or exchange it in accordance with our return policy found at the Shipping and Returns page

Information on our Site may contain typographical errors, inaccuracies, or omissions that 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).

Site Content

All materials, including illustrations, photographs, product, images, artwork, designs, text graphics, logos, button icons, images, audio clips and software (collectively, “Content”) appearing on this Site are owned or controlled by the Company and/or its subsidiaries, affiliates and content suppliers and are protected by worldwide trademark, trade dress and copyright laws. If You believe that any portion of this Site violates Your intellectual property, please contact us at: 888.9.KHAKIS (888.954.2547).

The Content of this Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise) use by the users of this Site. You may not download Content from this Site, or otherwise modify, obscure, or delete any copyright or other propriety notices on this Site.

No right, title or interest in any materials or software, if applicable, on this Site is transferred to You from Your use of this Site. You may not reproduce, publish, transmit, distribute, display, 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 Content, this Site, or any related software.

We prohibit crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, prices and images (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).

Trademarks

All trademarks, service marks and trade names on this Site, including without limitation, the Bills Khakis logo and BILLS KHAKIS®, are proprietary to the Company. No use of these may be made without prior, written authorization of the Company. The products, logos, designs, advertisements and images described and/or displayed on this Site may be the subject of other intellectual property rights reserved by the Company or other third parties. No license is granted with respect to these intellectual property rights.

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any product we provide through the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to You. You are responsible for making all arrangements necessary for You to have access to the Site and ensuring that all persons who access the Site through Your internet connection are aware of these terms and comply with them.

You may be offered the option of setting up an account. If You choose to set up an account, You represent that the information provided is correct, current and complete. You agree that all information You provide to register with, use or access the Services or otherwise, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

If You choose, or are provided with, a username, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of this Agreement.

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). Additionally, You agree not to:

Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
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 the Company or users of the Site, or expose them to liability.
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, or to use any device, software or routine that interferes with the proper working of the Site.
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.
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.

User Comments, Feedback, and Other Submissions

We are happy to hear from You and we welcome Your comments and feedback regarding our products and this Site, which may be sent to us via mail, email, voicemail, online (via the Site or our social media accounts) (“Feedback”). While Your Feedback is valued, we are not in a position to accept or consider any creative ideas, suggestions, proposals, plans, product ideas, or other materials submitted by You (collectively, “Proposals”) other than those we have specifically requested. Accordingly, we ask that You not send Proposals to us through any channel of communication. The intent of the policy to accept Feedback but not Proposals is to avoid the possibility of future misunderstandings when projects we develop might be similar to Proposals.

If You do provide us with Feedback, You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use Your Comments in any medium. We are, and shall be, under no obligation to: maintain the Feedback in confidence; pay compensation for the Feedback; or respond to Feedback. We have the right but not the obligation to monitor and edit any Feedback. To the extent applicable to the Site, You may not repost, republish, or redistribute the Feedback outside of the Site.

You agree that Your Feedback will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that Your Feedback 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 Sites. You may not use a false email address, pretend to be someone other than Yourself, or otherwise mislead the Company or third parties as to the origin of any Feedback.

Links to Other Websites

The Site may contain links to websites other than our own. We do not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. The Site does not control the content of these sites and takes no responsibility for their content, nor should it be implied that Bills Khakis endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service or resource.

Information About You and Your Visits to the Site

All information we collect on the Site is subject to our Privacy Policy. By using the Site, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

Geographic Restrictions

The owner of the Site is based in the State of Connecticut in the United States and the Site is for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of the Agreement or Your use of the Site, including, but not limited to, Your Feedback, any use of the Site's content other than as expressly authorized in the Agreement, or Your use of any information obtained from the Site.

Applicable Law and Dispute Resolution/Arbitration

The use of this Site and this Agreement will be governed by and construed in accordance with the laws of the State of Connecticut without regard to conflict of law principles. Sales of our products and this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Informal Dispute Resolution. Being mindful of the high costs of legal disputes, both You and Bills Khakis agree to the following dispute resolution: 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 (by first class or registered mail) 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 shall be sent (1) to Bills Khakis, attn: Disputes, 170 Pinesbridge Road, Beacon Falls, CT 06043, or (2) to You at: Your last-used billing address or the billing and/or shipping address in Your account.

Both You and Bills Khakis 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 a Dispute cannot be resolved through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration in accordance with this section (the “Arbitration Agreement”). YOU AND BILLS KHAKIS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

You may begin an arbitration proceeding by sending a letter requesting the same to: Bills Khakis, attn: Disputes, 170 Pinesbridge Road, Beacon Falls, CT 06043.

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. Bills Khakis will reimburse those fees for claims totaling less than $5,000 if the arbitrator rules in Your favor on any material aspect of Your claim. Bills Khakis 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 Bills Khakis 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 Bills Khakis is located. 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 Bills Khakis may bring any individual claim in small claims court in Connecticut, 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 must proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief must be individualized to You and shall not affect any other customer. You and Bills Khakis agree that each may bring claims against the other in arbitration only in Your or Bills Khakis’ respective individual capacities and in so doing You and Bills Khakis 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 it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed 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.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

Entire Agreement

This Agreement constitutes the sole and entire agreement between You and the Company with respect to the Site and any product You purchase through this Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and the products available on and through the Site.