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Terms

PROENZASCHOULER.COM US Legal Terms

These US Legal Terms ("Terms"), as amended from time to time, govern your access and use of the U.S. online store web pages at www.proenzaschouler.com that directly link to these Terms ("Site"), including, without limitation, any purchases you make via the site. YOU ENTER INTO A BINDING CONTRACT UNDER NEW YORK LAW BASED ON THESE TERMS WITH Proenza Schouler LLC. ("Proenza Schouler", "WE" or "US") IF YOU ACCESS OR USE THE SITE, OR PURCHASE ANY PRODUCTS ON THE SITE. If you do not want to agree to these Terms, you must leave the Site and cease any access, use or purchase activities.

Governing Law And Choice Of Forum These Terms, and any disputes arising out of or relating to these Terms, shall be governed by the laws of the State of New York, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. All legal proceedings arising out of or in connection with these Terms shall be brought exclusively in the City of New York, State of New York.

Disclaimers and Limitations Site use and any purchase is "as is" and at your own risk. WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SITE OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED FOR SALE ON THIS SITE. PRODUCT DESCRIPTIONS AND PHOTOS ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY MATCH THE PRODUCTS, GIVEN THEIR UNIQUE CHARACTER AND FREQUENT CHANGES IN DESIGN. WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Exclusive remedies. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING (A) THE SITE SHALL BE THAT YOU LEAVE THE SITE, AND (B) ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA THE SITE SHALL BE AS EXPRESSLY SET FORTH IN OUR CANCELLATION & RETURN POLICIES.

Our liability shall be limited. PROENZA SCHOULER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, PROFITS, OR REVENUE, OR COST OF COVER, OR ANY SIMILAR OR OTHER DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF PROENZA SCHOULER LLCWAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF PROENZA SCHOULER LLC TO YOU FOR ANY TYPE OF DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR U.S. $200.00.

Force Majeure. Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late performing party whether or not similar to the foregoing.

Access And Use Property rights. Unless otherwise indicated, we own or license the server and software on which the Site is hosted, all photos, text, videos and other content displayed on the Site, and all trademarks, logos, product names and other marks in the Site. Without limitation, "Proenza Shouler" and the PS logo are Registered, U.S. Patent and Trademark Office, and may be registered in other countries as set forth in the Proenza Schouler Intellectual Property Rights Notice, and we reserve our rights to exclude you from any access and use of the Site, except as expressly set forth herein.

Limited license. We grant you a limited, revocable (at any time, at our sole discretion), nonexclusive, non-transferable, non-sub-licensable, royalty-free license to access the Site via general purpose Internet browser software for purposes of learning about products for private purpose purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deep-linking, spidering, crawling, adaptation, or reproduction of the Site or any portions thereof.

Submissions. If you, at your sole discretion, submit any information or other materials to us, you grant us a nonexclusive, royalty- free, perpetual, irrevocable, unlimited (except as we expressly specify in our Privacy Statement or elsewhere on the Site) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials throughout the world in any way now known or in the future discovered. You also represent and warrant that the materials are accurate and that you own the required rights to grant us the license specified in the preceding sentence. DO NOT SUBMIT ANY MATERIALS IF YOU CANNOT COMPLY WITH THESE TERMS. The Site is Copyright Proenza Schouler LLC 2011 and as may be updated from time to time, and all rights are reserved.

Purchase Of Products Private use only. By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any commercial resale of our products. We reserve the right to reject orders and limit order quantities in our sole discretion.

Product information and availability. Without limiting the generality of the disclaimers and limitations set forth in these Terms, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site, and we may change information at any time. We determine product availability at the time we email you the shipping confirmation.

Price, payment, taxes. By submitting your order via the Site, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax, if any. Depending on the tax laws in your state, you may be required to pay use tax on purchases for which we do not collect sales tax.

Delivery. We will deliver the products you purchased to a common carrier at our warehouse for shipment to the destination in the continental United States that you select (For other locations outside the continental United States; other details regarding international shipping and delivery are described in the Customer Service page). You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse.

Cancellations, returns. We do not accept any cancellations or returns except as specified in our Cancellation & Return Policies or required by applicable law.

General Terms And Contact Information Changes. We may change our prices, products, these Terms, our Cancellation & Return Policies and our Privacy Statement at any time, at our sole discretion, by publishing changes on the Site or otherwise notifying you. We will not apply changes to orders or data that you submitted prior to our publishing or otherwise notifying you of the changes, unless we obtain your consent, by providing a notice with opt out opportunity on the Site, via email or otherwise.

Severability. If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.

Entire agreement. These Terms and any additional terms that we may specify on the "review your order" page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.

Contact information. This Site is operated, and all sales are made by PROENZA SCHOULER LLC, 495 Broadway 8th Floor, New York, New York 10012, USA, Phone: 212 343 1360, Email: client.services@proenzaschouler.com Last updated: May 2011

Cancellation And Return Policy 1. Cancellations, Returns, and Refunds 1.1 Cancellations: You can cancel your order until the date of shipping for any reason free of charge. Cancellations made on or after the date of shipping cannot be made and you will be charged the full amount for your order, subject to the following exception: Excluding pre-order items, if the actual shipment date of your order is delayed by more than 30 calendar days, you can cancel your order free of charge provided that we receive your cancellation prior to actual shipment. Should you choose to cancel the order, we will not charge your credit card or, if your credit card has already been charged, refund the purchase price, sales tax included. 1.2 Returns: Proenzaschouler.com does not accept returns at this time. If you feel the merchandise you received is defective, please contact client.services@proenzaschouler.com for a replacement. If a replacement is not available and the merchandise is deemed defective, a refund of the purchase price will be issued, sales tax included. Last updated: April 2011 SHIPPING AND DELIVERY Our deliveries are handled by FedEx. The delivery price depends on the order value and on the service requested. There are three alternative delivery services: Service: Ground Delivery (generally delivers in 1-6 business days) $15.00 Second Day Delivery (generally delivers in 2 business days) $ 25.00 Overnight Delivery (generally delivers the next business day) $ 35.00 Deliveries are made Monday-Friday. We generally ship our online orders within 1 to 2 business days. However, the above mentioned delivery terms are not guaranteed. As soon as your order leaves the warehouse, you will receive a message with the tracking number of the order, plus a link to the FedEx website where you can check the delivery status whenever you want. We ship to the destination of your choice in the United States. Purchases cannot be shipped to P.O. boxes. If you have questions or would like more information, please contact us at: client.services@proenzschouler.com or call (212) 343 1360 Monday to Friday from 9am to 6pm EST.