terms + conditions

Returns + refunds

All domestic customers may request a return or exchange within ten days of purchasing in-store or item delivery. Exchanges are based on product availability and all exchanges will be priced to match the new items listed price.

Restocking fees may be incurred for missing items, missing packaging, or orders of 3 or more when all items are returned for refund. Items that have been worn or adjusted in any way are not eligible for a refund and will be returned to the customer at the next available shipping opportunity.

 

Pre-orders

Because CM products are handmade in a small batch process, you may find that certain items are in high demand and are available for purchase on a pre-order basis only. We request payment in advance to secure your place in line for these objects, guaranteeing shipment upon the release of product. Wait times are dependent on object style and order date.

 

Price Adjustments

In the event of a sale, should your order be within the return window we are happy to offer a price adjustment. CM honors one-time price adjustments on full-priced items within ten days of purchasing in-store or item delivery. Items must be purchased directly through CM in order to qualify. Items purchased on sale, with a discount code, or during any other promotional period are not eligible for a price adjustment. Objects purchased at a CM sample sale, a CM authorized retailer or through a third party event do not qualify for a price adjustment. Your request for price adjustment must be emailed to hi@commonmaterial.nyc while the sale is active to qualify. All incoming requests received after a sale has ended will not be eligible for a price adjustment. Please note that all iems sold as Final Sale, are as such. 

 

Digital Communications

When you visit this Site, send us emails, texts or chats you are consenting to communicate with us electronically. We will communicate with you by posting notices on this Site, email, text or chat. When you visit this Site, send us an email, text, chat or agree, verify or authorize future communications; you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically do satisfy any legal requirement of all communications.

 

Copyright

Any unauthorized or unlawful use of any content or materials on this Site is prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Site can be made only with the prior written and express authorization of common material, LLC by approved personal. Any images of people, places, and/or products used on this Site are the property of either common material, LLC, or are used with express permission of the Company or used with express permission of the people, places, and/or products. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, and written and other materials, is the property of the common material, LLC or its suppliers, partners, or affiliates and is protected by United States and international copyright laws. This Site is the property of common material, LLC and is protected by United States and international copyright laws. For further information on how you may obtain authorization to use any materials or content on this Site, please contact us at the hi@commonmaterial.nyc.

We do our absolute best to credit all content to its original source; if we make any oversight concerning said content, please do not hesitate to make us aware.

 

Privacy Policy

We are committed to protecting your privacy. This Privacy Policy describes the types of information we collect from you when you use the commonmaterial.nyc site or purchase from CM, and explains what we do with that information. Except as described in this policy, we do not sell, trade or rent your personal information to third parties. Keep in mind that you always have the option to “opt-out” of our email program at anytime. This Privacy Policy is effective as of June 1st, 2021 and will remain in effect until we replace it.

This site is designed for and intended for use by adults. If you are under 18, you may use this site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Web site.

Common Material, LLC (the "Company") provides this Site and related services subject to the above stated terms and conditions of use (the "Site Terms"). By accessing, browsing or using this Site you agree to follow and be bound by these Site Terms and Conditions and all applicable law.

 

Opting out of email marketing

You may unsubscribe from our promotional emails at any time by following the instructions included in those emails. If you opt out of receiving such communications, note that we may continue to send you non-promotional emails (such as order confirmation emails or emails about changes to our legal terms).

 

Information we collect directly from you

We collect the information you provide directly to us, such as when you open an account, place an order, ask to receive emails, contact customer service, or interact with us on social media. The types of personal data we may collect directly from you include:

– Contact information, such as your name, email address, mailing address, and phone number;

– Account information, such as your username and password;

– Billing information, such as credit card details and billing address;

– Optional information you may choose to provide, such as your social handles, makeup and color preferences, age range, gender; and

–Any other information you choose to provide, such as product reviews, responses to surveys or quizzes or to receive customer support.


Payment


By placing your order through CM, you authorize CM to charge your method of payment for the total amount, which includes the items purchased and shipping fees (if applicable). You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner, including by seeking a “chargeback,” with regard to items or purchase. In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, CM has the right to (i) seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings; and (ii) refuse to honor pending and future purchases, and may prohibit future purchases from all persons in whose name the payment accounts exist and any person who accesses any associated online account or payment or who otherwise breaches this provision from using the Site.

 

Resolution of Disputes


Any disputes arising out of or regarding these terms of service will be governed by the laws of the state of New York, applicable to agreements made and performed in New York. Except where prohibited by law, you further agree that: (1) any and all disputes and causes of action arising out of our relationship shall be resolved individually, without resort to any form of class action; (2) exclusively by final and binding arbitration under the rules of the judicial arbitration and mediation services, inc. [“jams”] and held at a mutually agreeable jams regional office or at the nearest jams office to your residence; (3) the remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. All disputes between you and us, whether under these terms of service, a purchase of our product(s), the use of this website or the use of any information supplied to us by you (including contact information such as telephone number, or you purchase history) will be resolved on an individual basis by binding arbitration. You hereby agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. You agree that any dispute arising out of or relating to this agreement shall be resolved by mandatory and binding arbitration before a single arbitrator submitted to jams in accordance with its jams’ streamlined arbitration rules & procedures. The arbitrator shall have no power or authority to amend or disregard any provision of this section or any other provision of these terms of service, except as necessary to comply with jams’ policy on consumer arbitrations pursuant to pre-dispute clauses minimum standards of procedural fairness. This agreement concerns a transaction in interstate commerce, and therefore shall be governed by the united states federal arbitration act, 9 u.S.C. § 1 et seq. For any non-frivolous claim that does not exceed $25,000, the company will pay all costs of the arbitration and will agree to conduct the arbitration through the jams offices in your home state. For any claim under $10,000, the company further agrees that any hearings may be held by telephone and that the company will not seek attorney’s fees in the event the company prevails. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.