Privacy Policy

Thom Browne Inc.

Last Updated: Month 03, 2026.

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.

These terms and conditions (together with the information and policies contained in the “Customer Service” pages on the website and any other documents referred to and incorporated in these terms and conditions) (the “Terms”) are a legally binding contract between you (“you” or “your”) the person visiting or using the Site or the Services, and Thom Browne Inc. with a registered office at 240 W. 35th St., 16th Fl., New York, New York 10001, USA (“Thom Browne”). These Terms set out the legal terms that apply to your use of the website www.thombrowne.com and/or any mobile apps we may provide (collectively, the “Site”), your purchase of products at the Site and your use of the services (“Services”) that are provided by Thom Browne.

These Terms also govern your use of all the text, data, information, images, photographs, videos, sound, software, analytics, graphics, trademarks, logos, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you through the Site or the Services. Collectively, the Site, the Materials, the Services, and any purchase of Products, are referred to collectively as the “Service”.

BY USING THE SITE OR THE SERVICES OR BY PURCHASING OR BY PLACING AN ORDER FOR ANY OF THE PRODUCTS OFFERED ON THE SITE (“PRODUCTS”), YOU INDICATE THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS AND YOU AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS THE SITE OR OTHERWISE USE THE SERVICES OR PURCHASE ANY PRODUCTS. THESE TERMS APPLY TO ALL VISITORS, CUSTOMERS, USERS, AND OTHERS WHO ACCESS THIS SITE OR SERVICES.

You should print a copy of these Terms for future reference.

Privacy

Use of your information submitted to or via the Site or while using the Service is governed by our privacy and data protection policies available at https://www.thombrowne.com/pages/privacy and https://www.thombrowne.com/pages/data-privacy-framework-privacy-policy-non-hr-data.

Changes and modifications

We reserve the right to change, update, add or remove provisions of these Terms from time to time by posting them on the Site, although no such change will affect any order you have already placed with us. We will ask for your express consent to the updated Terms and if you do not agree with any of the updated Terms, you must stop using the Service; otherwise, continued use of the Service following notice of any such modifications to the Terms indicates that You acknowledge and agree to be bound by the modifications. The updated Terms are effective as of the day of posting, it being understood that all purchases finalized before the new Terms come into force will be governed by the previous Terms.

We may make changes to the Service at any time, . If you object to any changes to the Service, your sole recourse will be to cease using the Service. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified.

We also reserve the right to discontinue the Service, or any component of it (including Products), at any time. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service or any component of the Service.

In addition, certain features, content or components of the Service (including Products) may be subject to additional legal terms (“Additional Terms”), which shall be provided to you (displayed on-screen or accessible via a link) at the moment you choose to use such features, components, content or Services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such offerings. In the event that any of the Additional Terms governing such offerings conflict with these Terms, the Additional Terms will govern. Access to the Service and Accounts

By using the Service, you represent that you are of age under the laws of your jurisdiction, and lawfully able to enter into contracts. If you are not legally able to enter into contracts in your place of residence, you must have the permission of your parents or legal guardians to use the Service.

Your access to and use of the Service is subject to your continued compliance with these Terms and all applicable laws. If you breach these Terms, your right to access and use the Service will terminate immediately, without any further action by us. By using the Service, you represent that you are not a person barred from using the Service under the laws, rules and regulations of the United States of America (USA), your place of residence or any other applicable jurisdiction.

These Terms apply to all users of the Service, including visitors, guests and registered users. The Service is licensed, not sold, to you. The Service is protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations set forth below to use the Service and/or download and use any copies of Materials that we may offer to you, solely for your own individual, non-commercial purposes. You agree not to use the Service for any other purpose.

We retain and reserve all rights not expressly granted to you in these Terms. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Service unless expressly set forth in these Terms.

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) is compatible with and meets all the necessary technical specifications to enable you to access and use the Service.

Visitors and guests may browse and use the Site in accordance with these Terms, but may not have full access to all the features of Service unless first becoming registered users. We may, from time to time, restrict access to certain features, parts or content of the Service, or the entire Service, to users who have registered with us. You represent that any registration details you provide are accurate and truthful. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. We will not be liable for any losses caused by any unauthorized use of your account. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false. You agree not to create an account or use the Service if you have been previously removed by us, or if you have been previously banned from any of our properties.

Operation of Site, Services, and Purchasing Products

Operation of the Site and Delivery of Services

The Site is owned and operated by TTTT, which handles all processes including (but not limited to) payment processing, customer service, hosting, delivery logistics, and facilitating Product purchases. Products

The Products are owned and sold on the Site by Thom Browne. Thom Browne attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Site are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the Products.

As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms and Conditions will affect these legal rights.

The Products sold are supplied for your domestic and private use only. You undertake to purchase the Product(s) exclusively for personal use and not for commercial purposes, including, and not limited to, resale, distribution or any other form of trade.

Ordering and Availability

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Place Order” button on the checkout page.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion and for motivated reasons, decline to accept any order. You do, however, acknowledge that by clicking on the “Place Order” button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between you and us in relation to the Product(s) ordered (“Contract”) will only be formed when we send you the Dispatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

The Contract will relate only to the Product(s) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.

Pre-Order

Pre-Order items are ordered in advance of shipment availability. Your Pre-Order item(s) will ship upon the estimated ship date, indicated when ordered. In the case that your order is shipped prior or later than the estimated ship date, you will receive an email notification with further information. Cancellations and Returns are eligible for all Pre-Orders; standard returns policy is applicable from date of shipments. Thom Browne is not liable for delays, cancellations, or changes to pre-ordered items made during production.

Fragrance

Available to purchase in all global flagship stores. Due to HAZMAT regulation, the fragrance is available for online orders with ground and international airship only. If you order for international delivery outside of the USA, certain countries may be restricted or not available, in which case we will inform you prior to you placing the order.

Delivery

Your order will be fulfilled by the approximate delivery date(s) set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Dispatch Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. Orders cannot be delivered to PO Box or similar addresses.

Products comprised within the same order cannot be delivered to different addresses.

Deliveries are made by our trusted courier and take place on Monday to Saturday (or other normal working business days), excluding bank and public holidays, usually within the hours of 11am and 7pm EST. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

In the event of international shipment, the delivery of the Product(s) ordered will be subject to compliance with import regulations. Therefore, the consumer must check this possibility before completing the order. In addition, they may be opened and inspected by customs authorities /and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will responsible for reclaiming duty directly from your local customs office. We reserve the right not to deliver to any country that is prohibited by applicable export laws.

Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.

Risk and Ownership

The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

In certain circumstances, our delivery partner may leave your package outside or provide you with the following optional services when delivering your order, such as (a) signature release: opting out of the requirement to provide a signature on delivery; and/or (b) leave with neighbor, reception or security: re-directing the delivery to a neighbor, reception or security; and/or (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. If our delivery partner leaves your package outside, or if you decide to select any of the optional services (including through any default preferences you may have selected with our delivery partner separately) you acknowledge and agree that Thom Browne shall bear no responsibility or liability for any loss or damage that may result from the delivery of your order in that way.

Price and Payment

The price of Products is as quoted on the Site from time to time.

Prices are exclusive of taxes and delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket and have selected your chosen different delivery method and shipping location.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

The Site contains a large number of Products, and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is clearly and recognizably higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. By providing a payment method, You expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto. You agree that, if applicable, We may charge any unpaid fees to the payment method You provided and/or send You a bill for such unpaid fees. You agree and consent to our use of third-party payment providers for billing and processing online payments. We reserve the right to modify applicable costs, and/or prices on the Service at any time.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

From time to time, we may run promotions where we issue discount codes. These codes can be used as partial payment for the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in the relevant promotion from which you obtained the code). Discount codes can only be used once, only during the stated period of validity, and only for the relevant Product(s) specified. Discount codes cannot be redeemed for cash.

Returns Policy

Returned Products must conform to our returns policy (“Returns Policy”) below.

You have a legal obligation to take reasonable care of the Products while they are in your possession, and you must return them in the same condition in which you receive them (except to the extent reasonably necessary to examine them). This includes the following guidelines:

• Products should be returned unworn (other than to try them on), unwashed, undamaged, and unused with their original tags, accessories and secure packaging (as relevant).
• Footwear and accessories should be returned in the original boxes provided and inside a protective shipping box.
• If the Product comes with a security tag this should be left on.
• Hosiery should only be returned if it is unopened and is in its original package.
• Lingerie and swimwear must only be tried on over your own lingerie garments.
• Fragrance can only be exchanged offline in Thom Browne flagship stores (excluding Korea).

If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).

You cannot cancel a contract for the supply of any of the following Products:

• Any Products that have been personalized or made to your own bespoke specifications unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered (see Returns and refunds for customized Products below for more information).
• Any garments or fragrance Products that have had a hygiene label or seal removed or broken.

Returns and refunds for personalized and customized products

Due to the nature of personalized and customized Products, returns, exchanges or cancellations are at our discretion. In exercising this discretion, we will consider the level of personalization and customization, and we also reserve the right to offer a store credit rather than a monetary refund. Store credit is valid for 6 months from the date of issue. This does not affect your statutory rights. Please note that personalized and/or customized Products may have a long lead in time before shipping, but payment will be taken at the time of, or shortly after, you submit your order and in advance of shipping.

Other returns

We recommend that you return Products in their original packaging to ensure the necessary protection when in transit. Instructions for the return of the Product(s) will be included with the delivery package. When cancelling a purchase and returning Products that may be returnable to us you have the option to use our Free Returns service. If you choose this option you can return the Products(s) for free and will be refunded the full price for the Product(s) (subject to our Returns Policy) but not the delivery charges.

Except in relation to certain types of Products (as set out above), you may cancel a contract at any time before your order ships and afterwards, as indicated in our Returns Policy process available at https://www.thombrowne.com/pages/returns.

To cancel a Contract, you must cancel the Contract online via our Returns Policy process or clearly inform us through email at customerservice@thombrowne.com or by telephone on +1 (844) 938-6703 giving us your name, address and order reference.

If you cancel an order (or part of an order) as indicated in our Returns Policy, you must return the Product(s) within the time period set forth in such Returns Policy after the day on which you notify us of the cancellation.

If you cancel a Contract between us within the period indicated in the Returns Policy, we will process the refund due to you as soon as possible and, in any case after the day on which we receive the Product(s) back or if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address.

We will refund the price of the Product(s) in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, we will not refund your cost of returning the Product(s) to us, and you are responsible for those costs. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

Free returns pick up

We offer a free drop-off and collection service to all customers for Product(s) you wish to return except in relation to certain types of Products as set out in the Returns Policy. Please refer to our Returns Policy to confirm how to return the Products to us. We strongly recommend that you book your free returns pick-up within 7 days of receiving your order to ensure that it arrives back in time. Please note that we can only collect returns from the same country to which your order was delivered. Visit thombrowne.com/returns for Returns Process.

Defective Products

If any Product you order is damaged or defective when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or defective or has developed a fault, you should inform our Customer Care, or store where item was purchased, as soon as possible, preferably by email or phone, giving your name, address and order reference. Nothing in this section affects your legal rights.

For faulty eyewear, please contact Thom Browne Customer Services at clientservice@thombrowne.com.

Product Information

While we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (please visit our CONTACT US page at https://www.thombrowne.com/pages/contact).

Authorized Use

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these Terms. You may retrieve and display Materials from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form.

What you are not allowed to do

Except to the extent expressly set out in these Terms, you are not allowed to:

• remove any copyright, trademark or other proprietary notices from any portion of the Service;
• reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service; decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law;
• 'Scrape' content or store content of the Service on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Service or cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service;
• Remove or change any content of the Service or attempt to circumvent security or interfere with the proper working of the Service or the servers on which it is hosted, or bypass the measures we may use to prevent or restrict access to or use of the Service, including by hacking into secured or non-public areas of the Service, circumventing any geo-blocking mechanisms or otherwise;
• Create links to the Service from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Service, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
• Use our Service to stalk, harass, or harm another individual or to impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity or use the Service to seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Service; or
• Use the Service in an otherwise objectionable manner as determined by Thom Browne at its sole discretion.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. Please be advised that we cooperate with law enforcement and may share information with law enforcement to protect our Service, legal rights and those of other users.

All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.

Intellectual Property Rights

All intellectual property rights in any Materials (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by Thom Browne or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any

intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading Materials or content from the Site. In the event you print off, copy or store pages from the Service (only as permitted by these Terms), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.

User Content

If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other content on the Service, and including any information you submit to us, collectively “User Content”, some of which may be accessible and viewable by the public.

With respect to Content provided by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies.

We do not claim ownership to User Content. However, by providing or posting User Content, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts or sends on or through the Service, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

If and to the extent that we elect to accept User Content, please choose carefully the information you post on the Service and that you give to other users. You are discouraged from publicly posting information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Service, and to the extent that the law permits, you release us from any claims or liability related to any User Content posted on the Service and from any claims related to the conduct of any other users.

If you are a California resident, you waive California Civil Code § 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”. Disclaimer of Warranties

You agree that your use of the Service is on an 'as is' and 'as available' basis and at your sole risk.

While we exercise reasonable commercial efforts for all information contained on the Service (other than any User Content) to be generally correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

To the fullest extent permitted by law, we (and our officers, directors, employees, agents, associates, partners, affiliates, licensors and suppliers) do not make or give any representation or warranty and hereby disclaim all warranties express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, title, non-infringement, satisfactory quality, and those arising from course of dealing or usage of trade. No warranty is made as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any Materials, User Content on the Site or that you will be able to access or use the Service at the times or locations of your choosing; that the Service will be uninterrupted or error-free; or that all defects will be corrected.

We cannot and do not guarantee that any content of the Service will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

We reserve the right to withdraw, temporarily or permanently, any Materials from the Service at any time and for any reason and such removal may be immediate and without notice. as an express condition to your use of and access to the Service, you acknowledge, agree and confirm that Thom Browne is not liable to you or any third party for any such withdrawal.

External Links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.

Limitation of Liability

To the extent permitted by the applicable laws, Thom Browne Inc shall not be liable to you for any indirect, incidental, consequential, special, punitive, remote or other similar damages, including, but not limited to, loss of profit, loss of business, loss of revenues, business interruption, or loss of business opportunity or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or the Service itself, whether based on contract, tort or any other legal theory, and whether or not Thom Browne has been advised of the possibility of such damages.

In all events, but to the extent permitted by the applicable laws, Thom Browne shall not be liable to you for more than the amount you have paid to Thom Browne for the Product(s) related to your Contract claim. You acknowledge and agree that if you have not paid anything to Thom Browne during such time period, your sole remedy (and Thom Browne’s exclusive liability) for any dispute with Thom Browne is to stop using the Service and to cancel your account.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Thom Browne and you.

To the extent that Thom Browne may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these Terms, the scope of such warranty, and the extent of Thom Browne’s liability, shall be the minimum permitted under such applicable law.

Nothing in these Terms shall affect your legal rights as a consumer or exclude or limit any liability, which cannot be legally excluded, or limited.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

Dispute Resolution; [Arbitration;] Class Action Waiver and Waiver of Jury Trial.

Please read this carefully. If you are a resident of the United States of America, this affects Your rights. Otherwise, this Section applies to the extent applicable in your jurisdiction.

Governing Law

These Terms will be subject to and construed in accordance with the laws of the State of New York, USA, excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against Thom Browne must be resolved exclusively by a state or federal court located in the State of New York, except as prohibited by law, as otherwise agreed by the parties[, including as described in the Arbitration subsection below]. You agree to submit to the personal jurisdiction of the courts located in New York county, New York for the purpose of litigating all such claims or disputes.

Dispute Resolution

The parties agree to exercise reasonable efforts to resolve disputes informally prior to resort to [arbitration or] court proceedings. Each party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and Thom Browne may attempt to resolve the claim or dispute informally. If the claim or dispute is not resolved within thirty (30) days after the Notice is received, either party may begin a proceeding as provided herein.

Optional Arbitration

You agree that, to the extent permitted by law, Thom Browne may elect to resolve the dispute in a cost-effective manner through binding arbitration (including non-appearance-based arbitration), except that you may assert claims in small claims court if your claims qualify. You have the right to opt-out of this provision, which means you would retain your right to litigate your disputes in a court. You must opt-out of these arbitration procedures within 30 days from the date that you first consent to these Terms (the “Opt-Out Deadline”). You may opt out of this provision by mailing written notification to Thom Browne Inc. at 240 W. 35th St. 16th Fl., New York, New York 10001, USA. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Thom Browne through arbitration. Your decision to opt-out of this Arbitration provision will have no adverse effect on your relationship with Thom Browne. Any opt-out request received after the Opt-Out Deadline will not be valid.

In the event Thom Browne elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through the alternative dispute resolution provider (collectively, “ADR”) chosen by Thom Browne. The arbitration proceeding shall be subject to the rules of the ADR provider. The location of the arbitration shall be New York, New York. The award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief. The U.S. Federal Arbitration Act applies to these Terms.

Waiver of Class or Consolidated Actions

EXCEPT AS PROHIBITED BY LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. TO THE EXTENT THAT THE LAW PERMITS, EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

Waiver of Jury Trial

YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In the event any litigation should arise between you and Thom Browne in any state or federal court, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by Thom Browne Inc. If you have a question or complaint regarding the Service, please contact our Customer Service at clientservice@thombrowne.com; and/or write to us at 240 W. 35th St., 16th Fl., New York, New York 10001, USA. Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

General

You may not transfer or assign any or all of your rights or obligations under any Contract or under these Terms.

All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order. For contractual purposes, you (1) consent to receive communications from Thom Browne in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a non-electronic writing. The foregoing does not affect your statutory rights.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

These Terms may not be varied except with our express written consent.

These Terms together with any Additional Terms and any document expressly referred to or incorporated in them represent the entire agreement between you and us in relation to the subject matter of any Contract and these Terms, and regarding your use of our Service and supersede and replace any prior written or oral agreements regarding the foregoing. Contracts may be concluded in the English language only and no public filing requirements apply.

Contact Us

Please submit any questions you have about these Terms or an order you have placed or ordering in general by email to customerservice@thombrowne.com, by telephone on +1 (844) 938-6703 between the hours of 11am to 7pm EST, Monday to Friday (excluding public holidays) or write to us at Thom Browne Inc. 240 W. 35th St., 16th Fl., New York, New York 10001, USA.

SPECIAL AND ADDITIONAL PROVISION APPLICABLE TO EUROPEAN CITIZENS

For customers residing in the European Union, the sale of goods and services through this website is subject to the applicable law governing distance selling, including the Directive 2011/83/EU on Customers rights and any relevant national implementing legislation. Therefore the following provision shall be considered as an integral and substantial part of the Terms for all subjects residing in Europe

Seller’s information

The seller is Thom Browne Inc. with a registered office at 240 W. 35th St., 16th Fl., New York, New York 10001, USA, VAT number […], email […] and phone number […].

Pre-contractual Information

Before entering the sale agreement for the Products, within the Site, You can find the following information:

• The main characteristics of the Product.
• Total price including taxes and delivery charges.
• Payment methods.
• Delivery estimate timelines.
• Duration of the contract and cancellation rights.
• Price, inclusive of VAT.
• Delivery charges.

Delivery

Your order will be fulfilled by the approximate delivery date(s) set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Dispatch Confirmation, unless there are exceptional circumstances. In any case, if delivery is delayed beyond this timeframe of 30 days, you will be entitled to cancel your order and request a full refund.

Right of withdrawal

You have the right to withdraw from your purchase within 14 days from the date of delivery without giving any reason. In that case, you must notify us of your decision by an unequivocal statement to the following e-mail address … and/or following the instructions received with the Product. If you withdraw from your purchase, we shall refund all payments received from you, including delivery costs (except for any supplementary costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by our service), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision. Return instructions will be provided upon request and you may be responsible for the cost of returning the goods. The right of withdrawal does not apply to certain products, including but not limited to goods made to the customer’s specifications or clearly personalized, goods not suitable for return due to health protection or hygiene reasons and perishable goods or goods with a short expiration date. This clause is in any case without prejudice to your statutory rights under EU and national customer protection laws.

Legal Warranty

All the Products are covered by the legal warranty of conformity for a period of two-years from the date of delivery of the Product(s). The legal guarantee covers conformity defects that occur within two years after the delivery, provided that the defect was present at the time of the delivery. A conformity defect occurs then the Product(s):

• Does not correspond to the description provided by the seller or does not possess the promised features, without prejudice to the fact that non-compliance with the description must be substantial and not partial (such as colour slightly different from the online display or description cannot be considered substantial).
• Is not suitable for the use for which it is normally intended.
• Present a defect that impairs its normal functioning.

In the event of a conformity defect, you are entitled to:

• Free repair the products, if possible and not excessively expensive, or free replacement of the product with an identical or equivalent one.
• Full refund or price reduction, in case neither repair nor replacement is possible, or in case you choose not to make use of the repair or the replacement options.

In order to invoke the legal guarantee, you must notify us of the defect within 2 months of discovering it. This notification must be sent by email to the following address: clientservice@thombrowne.com.

In addition, you must provide proof of purchase (invoice and order confirmation) and a detailed description of the defect found.

The legal guarantee does not cover defects caused by:

• Misuse or damage resulting from not in accordance with the manufacturer’s instructions.
• Normal wear and tear of the product or damage from accidents.
• Unauthorized changes or alterations of the product.

Limitation of liability

Nothing in these Terms shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for any other liability that, by law, may not be limited or excluded.

Applicable Law and Competent Court

To the extent permitted by applicable law, the Terms and the provisions thereof shall be governed by the law applicable to You as the consumer. Any dispute that may arise out of or in connection with the Terms shall be submitted to the competent Court of the place where You reside.

Please note that customers residing in a member state of the European Union have the option of appealing to a third party body for the resolution of disputes relating to distance selling contracts (‘ODR Platform’). Through the ODR Platform, You and Thom Browne may resolve disputes relating to purchases made under these Terms with the help of an impartial body.