TERMS AND CONDITIONS

Last Updated April 12, 2023

Use of This Site Constitutes Acceptance Of These Term and Conditions.

These Terms and Conditions apply to the web site usa.tommy.com, and the web pages, interactive features, applications, blogs, social networks, and other online or wireless offerings, excluding Amazon, that post a link to these Terms and Conditions (collectively, the “Site”). Please carefully read the following because, by using this Site, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site. We reserve the right, at any time, to modify, alter or update these Terms and Conditions, and you agree to be bound by such modifications, alterations or updates.

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 tommy.com, Tommy Hilfiger Licensing Inc. and/or its subsidiaries, affiliates and content suppliers (collectively, “Hilfiger”) and are protected by worldwide trademark, trade dress and copyright laws. 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).

HILFIGER CLUB

The Hilfiger Club Announcement & Eligibility

All customers are invited to become North American - The Hilfiger Club loyalty program (the "Club") members (each a "Member", collectively "Members") by completing a membership profile online at one of the following URLs: tommy.com/club, tommy.com/thc, or, tommy.com/hc, or at one of the North American Tommy Hilfiger stores (each a "Store", collectively "Stores") listed on the Tommy Hilfiger website at https://usa.tommy.com/en/thb2cus/Store-Locator. As a Member, among other things, you agree to provide Tommy Hilfiger U.S.A., Inc. ("TH") with accurate, current, and complete information, and to update this information as it changes, to maintain your eligibility for the Club membership. Any failure on your part to act in accordance with this obligation and/or the Club Terms & Conditions will be considered by TH to be a breach of the Club Terms and Conditions. There are no fees to join, and membership is open to all legal residents of the United States (including the District of Columbia, Puerto Rico and Guam) and Canada, who have reached the legal age of majority and over in their jurisdiction of residence at the time of entry, and maintain a valid electronic mail (email) address. Associates of PVH Corp. and its affiliates, and their immediate family members, are not eligible for membership. Members consent to TH's accumulation, retention, and use of all information regarding their purchases acquired by TH as a result of their participation in the Club. The Club and participation therein is void where prohibited by law or where TH would be obligated to apply for any special license, bonding, permit, or other government regulatory approval relating to the Club. All references to dollar shall mean United States dollars.

The Hilfiger Club Offers and Benefits

New members, upon completion of their member profile, will be issued a welcome offer by email and other offers by email and mail, valid towards merchandise purchases only. The Club offers may be redeemed for merchandise purchases only which exceed the face value of the offer. Members may not use multiple offers to make a purchase. The Club offers are valid as indicated on each offer. TH is not responsible for lost or stolen offers, or for the delivery of Club offers into member's email inbox. Members are also entitled to certain benefits including free shipping on in-store orders within the United States and an extended return policy of 45 days to return eligible merchandise. Please add TommyHilfiger@mail.tommy.com into your personal email address book to help ensure delivery into your email inbox. For returns, any discount (as shown on the receipt) applied to merchandise that is returned will be deducted from any refund amount. Only Members are entitled to use any Club offers issued pursuant to the Club Terms and Conditions. The offer must be surrendered at time of purchase. Offers are void if sold, duplicated, or reproduced, and where prohibited.

Communication & Privacy

By enrolling in the Club, you agree that receiving communications via email is a condition of continued participation. Further, you agree that TH may send you mail and email communications regarding the Club. If you choose to discontinue email communications you may do so by contacting Customer Service, or by unsubscribing via the "unsubscribe here" link on all emails. However, you agree that discontinuation of email communication may result in the loss of future Club offers, as email is the primary method Club offers are issued other than the new member offer. Member personal information will be held in accordance with TH's Privacy Policy, which is available from a sales associate or can be found at: http://usa.tommy.com/en/customerservice/privacy-policy. To protect the integrity of the Club, we regularly screen activity which occurs in connection with our Members' accounts and will notify you using the email address you provided in connection with your account if we notice any suspicious activity.

Changes to Terms & Conditions

TH has the right, in its sole discretion, to modify, add or delete any of the Club rules, terms, conditions, or benefits, in whole or in part, at any time, with or without notice, even though such changes may reduce (or increase) the value of the Club offers or an individual's benefits, except where prohibited by law. Continued participation in the Club constitutes acceptance of any modifications, additions or deletions. All questions and interpretations concerning the Club Terms and Conditions shall be resolved in the sole discretion of TH and, by joining the Club, participants expressly agree to be bound by TH's decisions.

Club Termination

The Club has no predetermined termination date, and may continue until such date as TH, in its sole discretion, designates as the termination date. TH has the right to end the Club at any time without providing written notice to participants. TH reserves the right in its sole discretion to suspend, terminate or refuse your current and/or future rewards or Club membership if it believes any breach of the Club Terms & Conditions has occurred. Any rewards that are based on false or fraudulent information or activity are subject to forfeiture. The failure by TH to act on any breach of the Club Terms & Conditions by you shall not constitute a waiver of TH's right to act with respect to any breach of the Club Terms & Conditions.

Club Limitations

TH is not responsible for failures or malfunctions of computer or data transmission systems; interrupted or unavailable network, server or other connections; or any technical problem in connection with the Club, Club administration or Club offers issuance. TH reserves the right, in its sole discretion, to void rewards of any Member who TH believes has attempted to tamper with, influence or impair the administration, security or fairness, of the Club. CAUTION: ANY ATTEMPT BY A MEMBER TO UNDERMINE THE LEGITIMATE OPERATION OF THE CLUB MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TH RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH MEMBER TO THE FULLEST EXTENT OF THE LAW. By participating, you agree that (1) any and all disputes, claims, and causes of action arising out of or connected with the Club, or any rewards awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and shall not include any punitive, consequential or other damages, including costs associated with entering the Club but in no event attorneys' fees; and (3) under no circumstances will any Member be permitted to obtain any award for, and Member hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of members and TH, shall be determined by TH in its sole and absolute discretion. These rules shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of the Club shall be instituted only in the federal or state courts located in the State of New York, and members consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating hereto.

Cancel Your Membership

You may cancel your Club membership at any time by writing to: PVH Corp., Attn: The Hilfiger Club, 1001 Frontier Road, MS#44, Bridgewater, NJ 08807, or https://help.usa.tommy.com/s/brand-form to email Customer Service. TH reserves the right to cancel your membership at its sole discretion.

OWNERSHIP OF INTELLECTUAL PROPERTY

All trademarks, service marks and trade names on this Site, including without limitation, the flag logo, the flag in motion logo, the crest design, Tommy Hilfiger signature, TOMMY®, TOMMY HILFIGER®, TOMMY GIRL®, TOMMY JEANS®, tommy.com®, H HILFIGER® and HILFIGER ATHLETICS®, are proprietary to Tommy Hilfiger Licensing LLC. No use of these may be made without prior, written authorization of Tommy Hilfiger Licensing LLC. 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 Hilfiger or other third parties. No license is granted with respect to these intellectual property rights.

PRODUCT INFORMATION

Hilfiger cannot guarantee that the products and selection appearing on this Site will be available, either through this Site or at retail locations. All product descriptions, specifications, colors, and prices are subject to change by Hilfiger at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display of the colors of products offered on this Site may impact on your review or perception of the products.

Please call us at 1-888-tommy4u for if you need assistance with our products.

PURCHASES

Products offered for sale and services available on the Site are for personal use only, not for re-sale. We reserve the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe, in our sole discretion, would violate any of our business practices, applicable laws or policies.

ACCURACY OF INFORMATION

The information presented on this Site has been compiled by Hilfiger from internal and external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Site may contain typographical errors, incomplete or out of date information, including but not limited to price information. Hilfiger reserves the right to make changes to the information in this Site, or to the services described therein, or update such information at any time without notice (including after you have submitted your order), but Hilfiger makes no commitment to correct or update this information. If any price information is inaccurate, Hilfiger reserves the right to void any purchases made in reliance on an inaccurate price.

DISCLAIMER

The Information, Services, Products And Materials Contained In This Site, Including Without Limitation, Text, Graphics, Video, Audio, And Hyperlinks, Are Provided, "As Is" And Without Warranties Of Any Kind, Either Express Or Implied, With Respect To Such Information Services, Products And Materials, Including But Not Limited To Warranties Of Satisfactory Quality, Implied Warranties Of Merchantability And Fitness For A Particular Purpose, Title, Non-Infringement, Freedom From Computer Virus, And Implied Warranties Arising From Course Of Dealing Or Course Of Performance To The Fullest Extent Permissible Pursuant To Applicable Law. You Acknowledge, By Your Use Of This Site, That Your Use Of This Site Is At Your Sole Risk, That You Assume Full Responsibility For All Costs Associated With Any Necessary Servicing Or Repairs Of Any Equipment You Use In Connection With Your Use Of This Site, And That In No Event Shall Hilfiger Be Liable For Any Direct, Indirect, Special, Punitive, Incidental, Exemplary Or Consequential Damages Or Any Damages Whatsoever, Even If It Has Been Previously Advised Of The Possibility Of Such Damages, Whether In An Action Under Contract, Negligence, Or Otherwise, Arising Out Of Or In Connection With The Use, Inability To Use, Or Performance Of The Information, Services, Products, And Materials Available From This Site.

INDEMNIFICATION

You agree to defend, indemnify and hold Hilfiger harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this Site, your access to, or inability to access this Site, or from your reliance upon any information contained in this Site.

USER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Hilfiger on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Hilfiger’s property.

This Site may provide you with the opportunity to submit materials, information, data, photos, images, opinions, messages, notes, text, graphics, designs, or other content (“UGC”). By submitting UGC to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the UGC that you submit. If your UGC contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. If you submit UGC to this Site, you automatically grant us a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Hilfiger to use that UGC for any lawful purpose, commercial, advertising, or otherwise, in any manner or media now or later developed, including, without limitation, the right to translate, display, reproduce, modify, create derivative works, distribute, assign, commercialize, and sub-license that UGC to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any UGC

Hilfiger is and shall be under no obligation (1) to maintain any UGC in confidence; (2) to pay any compensation for any UGC; or (3) to respond to any user UGC.

LINKS TO OTHER WEBSITES AND SERVICES

The Site may contain links to web sites 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 Hilfiger 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.

Binding Arbitration

Mandatory Pre-Arbitration Informal Dispute Resolution

Should you or us have any claim, controversy or dispute arising out of or relating to these Terms and Conditions, the Site, any Services, our collection, use or disclosure of your information, and any communications between you and us relating to the Site, the Services, or these Terms and Conditions (each a “Dispute”), each party agrees to make a good faith effort to resolve the Dispute informally prior to initiating an arbitration proceeding. Compliance with this informal dispute resolution process is a condition precedent to commencing any formal Dispute resolution proceeding in arbitration. You or us must first send a written notice to the other party providing: (1) the party’s name and contact information (address, telephone number, and email address); (2) sufficient information to identify any transaction at issue (including any receipts or purchase details); (3) a detailed description of the Dispute including (a) the nature and basis of the Dispute and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by our representative (and our attorney if we are represented by legal counsel). Your notice to us must be sent by mail to PVH Corp. 285 Madison Avenue, New York, NY 10017, Attention: Legal Department. Our notice to you will be sent to you based on the most recent contact information that you have provided to us. Each party agrees that any relevant limitations period (including statutes of limitations) and filing fee or other deadlines will be tolled while the parties engage in this mandatory informal Dispute resolution process.

Arbitration Dispute Resolution

Any Dispute between you and us not resolved as set forth above shall be resolved through binding arbitration, rather than in court, except as expressly provided below. All arbitration shall be administered by JAMS. You may obtain a copy of JAMS’s rules by contacting JAMS or visiting www.jamsadr.com.

To the fullest extent permitted by law, the arbitration will be conducted on an individual basis and not as a class action. Unless you and we agree otherwise, any arbitration will be conducted by telephone, videoconference, or if in-person hearing is required, in New York, New York, unless the parties both agree otherwise. Notwithstanding the foregoing, either you or we may elect to bring an individual claim in small claims court instead of arbitration, so long as the claim remains in that court and is not removed or appealed to a court of general jurisdiction.

The arbitration will be conducted by one arbitrator who will be selected by both parties. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless applicable law permits a prevailing party to recover attorney’s fees, and subject to any fee‑shifting provisions under applicable law. If you are an individual who seeks or acquires any goods or services from us primarily for personal, family, or household purposes (“an individual consumer”), then we will pay the JAMS filing, administration, and arbitrator fees that we are required to pay under the JAMS Consumer Arbitration Minimum Standards or applicable law, and you will not be required to pay any such fees that you would not be required to pay in a court action as further explained in the JAMS Consumer Arbitration Minimum Standards. If you are not an individual consumer, then we agree that the JAMS Streamlined Arbitration Rules & Procedures shall apply if no disputed claim or counterclaim exceeds $250,000 or, should any disputed claim or counterclaim exceed that amount, then the JAMS Comprehensive Arbitration Rules and Procedures shall apply. If you are not an individual consumer, then you are responsible for the entire filing fee to initiate an arbitration and agree to split all other arbitration costs equally.

If 75 or more similar Disputes are filed or asserted against us or related parties by the same or coordinated counsel within any 90-day period, the parties agree that JAMS’s Mass Arbitration Procedures and Guidelines (or any successor procedures) shall apply and the parties and JAMS shall use reasonable efforts to implement efficient batching, bellwether, or test‑case procedures consistent with those guidelines.

Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Jury Trial Waiver

By agreeing to this Arbitration Agreement, you and we acknowledge and agree that we are each waiving the right to a trial by jury for any Dispute to the fullest extent permitted by law.

Opt-Out

If you are a new user of our Service, you can choose to reject the agreement to arbitrate in these Terms & Conditions by notifying us that you opt-out of this Arbitration Agreement (“opt-out”). Your notice should be postmarked no later than 30 days after the date you accept the Terms & Conditions the first time. You must mail your opt-out notice to: PVH Corp. 285 Madison Avenue, New York, NY 10017, Attention: Legal Department, or such other address as we may specify from time to time in these Terms and Conditions.

Arbitration Final

The arbitrator’s award is final and binding on all parties, except that either party may seek judicial review or vacatur of the award to the extent permitted under the Federal Arbitration Act. The arbitrator shall have the authority to award all remedies available under applicable law that would be available in a court, subject to the limitations of this Arbitration Agreement and these Terms and Conditions. The Federal Arbitration Act, and Federal Arbitration Law, govern the interpretation and enforcement of the dispute resolution provisions in these Terms and Conditions. To the extent state law is relevant to any Dispute, the law identified in the governing law section of these Terms and Conditions will apply, without regard to conflict-of-law principles.

Class Action Waiver

To the fullest extent permitted by law, any proceeding hereunder shall be conducted only on an individual basis and not in a class, consolidated, collective, or representative action, and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual party’s claim(s). THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED OR ARBITRATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF). NOTHING IN THIS CLASS ACTION WAIVER LIMITS YOUR RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT SUCH RIGHT CANNOT BE WAIVED UNDER APPLICABLE LAW. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, or with respect to any particular claim or form of relief, such non-enforceability shall apply to such person or persons or such claim or form of relief only, and all other persons, claims, and forms of relief shall continue to be governed by the Arbitration Agreement. In particular, if a court determines that applicable law prevents the enforcement of this Class Action Waiver with respect to a claim for public injunctive relief, then such claim (and only such claim) may be brought in a court of competent jurisdiction, while any individual claims for damages or other relief remain subject to arbitration on an individual basis.

Court Proceedings if Arbitration Is Not Available

To the extent any Dispute is determined not to be subject to arbitration under this Arbitration Agreement, or if this Arbitration Agreement is found unenforceable as to any Dispute, the parties agree that any such action shall be brought only in the state or federal courts located in New York County, New York, and the parties hereby consent to the exclusive jurisdiction and venue of such courts and waive any objection to such courts as inconvenient or improper.

Survivability and Severability

To the extent that any portions of this Arbitration Agreement (other than the Class Action Waiver above) are prohibited by law, that provision shall be modified to the minimum extent necessary to preserve the original intentions of this Arbitration Agreement and to make it valid and enforceable, and the remainder of this Arbitration Agreement shall remain in full force and effect. If a court determines that a provision cannot be modified, it will be severed, and the remaining provisions will continue to apply.

The dispute resolution provisions shall survive termination of the Terms and Conditions.