Terms & Conditions
All sales made by Phorever Phirst (“Seller”) to you (“Customer”) are governed by these Terms and Conditions of Sale unless otherwise indicated by Phorever Phirst in writing.
Please read these Terms and Conditions of Sale before placing your order. Do not place any orders unless you understand and agree to all Terms and Conditions outlined herein. Phorever Phirst reserves the right to amend or modify these Terms and Conditions of Sale at any time and without notice at its sole discretion.
All sales are contingent on the Customer’s acceptance of Phorever Phirst Terms and Conditions of Sale.
Seller shall not accept Customer’s purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer’s purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing and signed by Seller and Customer.
AKA Notice
Buyer acknowledges, understands and agrees (hereinafter collectively “agrees”) that he/she is an Authorized Buyer only if he/she is buying goods bearing Sorority marks and designs for an AKA member’s personal use and not for resale. Buyer agrees that a non-member is not allowed to purchase, own, wear or possess such items.
Buyer also agrees that purchasing Sorority goods for any other reason is prohibited and doing so under false pretense authorizes Sorority to immediately (1) remove or cause to be removed the goods from the internet and all social media platforms including, but not limited to: Facebook, Instagram, Tik Tok, Pinterest, Snapchat, YouTube, eBay, Twitter, Craigslist, Amazon, Etsy (hereinafter, “Third Party”) and (2) repossess such good(s) from Buyer and any Third Party trying to sell them. Buyer agrees to waive its First Sale Doctrine right to subsequently sell any item(s), bearing a Sorority Mark.
Buyer also agrees that purchasing Sorority goods for any other reason is prohibited and doing so under false pretense authorizes Sorority to immediately (1) remove or cause to be removed the goods from the internet and all social media platforms including, but not limited to: Facebook, Instagram, Tik Tok, Pinterest, Snapchat, YouTube, eBay, Twitter, Craigslist, Amazon, Etsy (hereinafter, “Third Party”) and (2) repossess such good(s) from Buyer and any Third Party trying to sell them. Buyer agrees to waive its First Sale Doctrine right to subsequently sell any item(s), bearing a Sorority Mark.
Notice
“Buyer acknowledges and agrees that he/she is an Authorized Buyer and is purchasing for a member of Alpha Phi Alpha Fraternity paraphernalia and other goods that bear Alpha Phi Alpha Fraternity’s logos, designs, copyrights and trademarks. Buyer understands and agrees that a non-member is not allowed to purchase, own or possess such items except where purchasing such items for the benefit of an active member. Buyer also acknowledges and agrees that the purchase of Alpha Phi Alpha Fraternity items for any other reason is prohibited. In addition, Buyer acknowledges and agrees that purchasing these item(s) under false pretense authorizes Alpha Phi Alpha Fraternity to immediately (1) remove such items from the internet and social media platforms such as Facebook, twitter, snapchat, ebay, amazon.com, etsy.com and the like (hereinafter collectively “Third Party”) and (2) repossess such purchased item(s) from Buyer, and from aforementioned Third Party and their mediums on which Buyer attempts to sell them. Buyer also knowingly waives its right under the First Sale Doctrine
to subsequently sell, and attempt to sell, any item(s), bearing a Fraternity Mark,
individually and through a Third Party or by any other means.”
to subsequently sell, and attempt to sell, any item(s), bearing a Fraternity Mark,
individually and through a Third Party or by any other means.”
Payment Terms
Seller accepts Visa, MasterCard, Discover, American Express, or PayPal.
Pre-authorization of Credit and Debit Cards
Please note, when paying for an order with a credit or debit card, Phorever Phirst will pre-authorize your card for the portion of your order that is shipping, along with applicable freight and sales tax, prior to processing your order. The full amount will then be charged to your card once your order ships. Pre-authorizations reserve the total dollar amount on your credit card (or funds available through your debit card) to pay for your order. Pre-authorizations will drop off of your account within 1-7 days, depending on your card issuer.
Sizing Chart
Sizing will vary by designer. Click on the product description for sizing recommendations. Contact us if you need any specifics regarding sizing.
Shipping
Unless otherwise noted all standard orders ship between 3-5 business days via USPS first class mail, please confirm your shipping address with PayPal to prevent shipping delays or loss. Processing for all orders will take at least 1-2 business days. We are not responsible for incorrect shipping addresses entered during checkout. No modifications to sizing or shipping can be made once an order has been placed.
Shipping confirmations including tracking numbers are emailed when orders have been shipped. You can track the status of your order directly on the USPS website and entering your tracking number.
Phorever Phirst cannot be responsible for any shipping delays caused by unpredictable weather, natural disasters or general delays within the corporate USPS system. Additionally, Phorever Phirst is not responsible for any lost or stolen shipments or packages.
Sales Tax
Phorever Phirst is required by the state of Texas to charge sales tax to any order being shipped to a Texas address.
Pricing
All prices are in U.S. dollars. International currencies are converted automatically at checkout.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing to phoreverphirst@gmail.com within 5 DAYS of Customer’s receipt of the merchandise of any claims for damages resulting from delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification.
Return Policy
We here at Phorever Phirst pride ourselves on providing our customers with an amazing shopping experience. All products on this site are made to order so as a result we do not accept any returns or exchanges. All sales are final, please be sure to read our sizing guide to make sure you are ordering the correct size product. Additionally, no modifications to sizing or shipping can be made once an order has been placed.
If you received a defective item due to our negligence, we'll gladly replace it, if in stock or fully refund the purchase. Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing to phoreverphirst@gmail.com within 5 DAYS of Customer’s receipt of the merchandise of any claims for damages resulting from delivery or any defect in the merchandise. Please send a photo of any damaged or incorrect item(s) received, along with a short description of the damage.
Customer Acceptance of Late or Defective Merchandise
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.
Prices, Quantities, Styles and Colors
All prices are subject to change without notice. All merchandise will be billed at the prices in effect at the time of ordering. Phorever Phirst reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.
Promotional Codes, Coupons and Discounts
Promotional discounts cannot be combined at time of redemption unless otherwise stated in the promotional offer, nor can they be applied to previous purchases. Promotional codes cannot be applied to gift certificates under any circumstances. Promotional discounts cannot be applied to tax, shipping and handling, or any similar processing charges. Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).
SMS Marketing Service
By consenting to Phorever Phirst’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. 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 and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at phoreverphirst@gmail.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
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.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Disclaimer of Warranties
Seller cannot guarantee variances in color, shade, size, or construction of merchandise. Seller hereby disclaims all express and implied warranties, including, without limitation, implied warranties of merchant-ability and fitness for particular purpose.
All such warranties are hereby disclaimed and excluded from any and all transactions between Customer and seller and shall not apply to the merchandise sold by Seller.
Limitation on Liability
Customer acknowledges that Seller shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including but, not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Seller has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the Seller’s merchandise.
Jurisdiction and Governing Law
Seller is headquartered in the State of Texas United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Texas (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.
Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Texas and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Texas in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.
Force Majeure
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation here-under caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
Use of Materials Located on This Site: Copyrights, Trademarks and Restrictions
All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Phorever Phirst or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by Phorever Phirst may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to Alternative or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Miscellaneous
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.
Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions of Sale. Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to phoreverphirst@gmail.com.