Terms & Conditions
Updated as of 08/22/2022
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS. THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND YOUR RIGHT TO BRING A CLASS ACTION.
"STELLA by Stella McCartney" is a « société par action simplifiée à associé unique », registered in the Paris Trade and Compagnies Register under the number 842 426 785, which registered office is located at 24/32 rue Jean Goujon – 75008 Paris – France.
STELLA by Stella McCartney is the editor of the present website, itself hosted by Salesforce Commerce Cloud, company located in the Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, CA 94105, United States.
Director of the publication: Stéphane Delva
These Terms and Conditions (the “Agreement”) are a legal agreement between you and STELLA by Stella McCartney (“Company,” “we,” “us,” or “our”) governing without limitation any purchase of products from our websites and mobile apps, or other online or mobile services that link to them (each a “Site,” and collectively “Sites”) and your access to and use of the Sites. Please note that this Agreement does not govern the sale of products from our physical stores or through any other distribution and marketing channel.
STELLA by Stella McCartney reserves the right to amend this Agreement at any time. In the event of an amendment, the applicable Agreement is the version in effect as of the date of the order. Continued access and use of any Site after changes have been made to this Agreement constitutes your acceptance of the revised Agreement then in effect. You agree that you will review this Agreement periodically and that you will be bound by this Agreement and any modifications to it. We will provide you with a hyperlink to these Terms and Conditions along with any order confirmation email you may receive from us.
If you have difficulty accessing any content, feature, or functionality of a Site, please contact us
What’s Contained in This Agreement
Highlights of the Agreement:
eCommerce Terms and Conditions
- Free Items and Gifts with Purchase
Website Terms and Conditions
- Our Intellectual Property Rights
- Authorized Use
- Account Security
- Third-Party Content and Links
- Updates to this Agreement
- Disclaimer of Warranty
- Limitation of Liability
- New Jersey Residents
- Consent to Communication
- Disputes, Governing Law and Class Action Waiver
- International Users
- Contacting Us
ECOMMERCE TERMS AND CONDITIONS
Our Sites may allow you to purchase products directly.
Refunds, replacement and returns will not be issued for products that have not been purchased directly through our Sites. We reserve the right, in our sole discretion, to deny a refund, return, or exchange if we determine that our policy is being abused.
All products sold on our Sites are intended for personal and not commercial use. Given the prestigious nature of our products, they are sold through a selective distribution network. Consequently, the products may not be distributed or resold under any circumstances. We reserve the right to refuse any order that we believe is intended for resale or commercial purposes. If we deem, in our sole discretion, that an order is abnormal or suspicious, we may cancel the order without any liability. An order may be considered abnormal if it includes more than five (5) of the same product or if you have purchased more than five (5) of the same product in subsequent orders over a short period of time.
Orders and Product Availability
We may make improvements and/or changes in products described on the Sites, add new features, or terminate the production of a product or the availability of a Site at any time without notice. We also: (a) reserve the right to change the goods and services advertised or offered for sale through a Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability; (b) cannot guarantee that goods or services advertised or offered for sale on a Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on a Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion; (f) reserve the right to refuse any order, including but not limited to the following circumstances (i) litigation with the Customer; (ii) total or partial non-payment of a previous order by the Customer; (iii) refusal of authorization of payment by credit card payment agencies and anti-fraud service providers including Adyen or Forter; (iv) abnormal nature of the order, particularly regarding quantities and/or amounts that do not correspond with personal use.
If a product ordered is unavailable, we will promptly notify you by email or telephone of the unavailability of the product and of the possible cancellation of the order. If we cancel your order for any reason, we will either not charge you or will apply credit, generally within fourteen (14) days, to the payment type used for the order. If we cancel only part of your order due to unavailability, we will only charge you for the products actually shipped.
Unless otherwise indicated, products sold on a Site are intended for end use in the United States and are not labeled or intended for international distribution.
Where U.S. sales tax applies, the checkout page will show the estimated sales tax due, based on current tax rates. Shipping charges may also be subject to sales tax in certain states. At the time of checkout, the sales tax will be added to the purchase price and charged on the order. If the sales tax is not reflected on or added to the order, most U.S. states require customers to self-assess and remit the tax due on the purchase according to the local law. Customers are invited to ask local authorities or tax consultants for advice on their obligations.
On rare occasions, an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact usfor a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
By purchasing a product with a credit card or debit card, you represent and warrant that you are fully entitled to use the payment card for the payment of the order and that the card provided has sufficient funds to cover all costs resulting from the order.
By providing us with your credit card or debit card details, you agree that we may proceed with a secure transaction.
Payments will be applied in U.S. dollars, and the following payment methods will be accepted: Visa; MasterCard; and PayPal.
All Products ordered shall remain the property of STELLA by Stella McCartney until complete payment of their value, including taxes and delivery costs.
We may use a third-party payment processor, including our electronic payment server Adyen and anti-fraud service provider Forter, to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
If you are not satisfied for any reason with any STELLA by Stella McCartney product that you have purchased from a Site, you may return it subject to the following conditions:
- Products that are opened, used, marked, modified, not in a perfect condition or not returned in the original packaging may not be returned.
- You must initiate a return within fourteen (14) days from the date the order is delivered to you. We will not accept any return after fourteen (14) days.
- In order to initiate a return, you must contact STELLA by Stella McCartney’s Customer Service at the following address email@example.com or via this Contact Us link here
STELLA by Stella McCartney’s Customer Service will ask you for certain information including order number and items to return.
Upon review and approval of your request, STELLA by Stella McCartney’s Customer Service will send you a pre-filled return authorization form to complete with the remainder of the return information.
Once you receive the return authorization form, you must send the following items, within a maximum of fourteen (14) days, to the address which will be communicated to you by STELLA by Stella McCartney’s Customer Service : (1) the complete product(s) you wish to return in perfect condition and in the original packaging; (2) the original invoice, and (3) the return authorization provided to you by STELLA by Stella McCartney’s Customer Service.
You shall be responsible for any and all risk of loss or damage linked to the return of the product(s).
Please obtain and retain your proof of postage in order to provide proof to us that you have returned the products in the unlikely event that we do not receive the returned parcel.
Upon receipt of a returned product, a credit will be issued back to the original method of payment within a maximum of 14 (fourteen) days from the day we receive the returned products, or (if earlier) the day on which you provide us with evidence of having sent the products back to us at our distribution center. We will reimburse you for the total amount paid for the product, excluding the return costs and the delivery costs.
Products purchased online from a Site cannot be returned in our physical stores. This return policy does not apply to products purchased in our physical stores.
Damaged and defective products, and products that do not conform to the product specifications, can be returned, subject to the following conditions:
You notify us within 30 (thirty) days of receipt of the product by emailing us at firstname.lastname@example.org concerning your intent to return the product and providing the product order number and details (photos, written explanation) of the alleged damage or defect. To ensure prompt resolution, please keep the box, packing materials, all complimentary items and the damaged items.
Once approved, STELLA by Stella McCartney’s Customer Service will send you an email with the authorization return form and all the return information. A prepaid return label will also be sent to you in case of defective products. Apply the pre-paid return label on the packaging and send it to the address communicated by STELLA by Stella McCartney’s Customer Service.
The defective product must be returned in its original condition, with the original labels, and accompanied by the original packaging and the delivery note.
If we deem the returned product to be defective, two options will be offered to you:
- If the product you returned is still available/in stock, we will offer to send a new product to you. The cost of this new delivery will be on us.
- If the product is not available anymore or if you opt for this option, we will refund the defective product and the delivery costs to the original method of payment, within a maximum of fourteen (14) days upon receipt of the returned product, to the exclusion of any other compensation.
Products purchased online can only be returned online. Under no circumstances will we honor a refund request made in store if the product was purchased online.
https://www.stellamccartneybeauty.com/us ships via UPS to continental U.S. addresses only.
The prices of the products displayed on the Sites do not include shipping costs. The method and amount of shipping costs are specified during the ordering process before you confirm the order. We may modify, at any time, our offered shipping methods.
Orders will be shipped once your method of payment has been verified and the payment successfully processed.
We currently utilize:
3-8 Business Days
UPS 2 Days
2-3 Business Days
1-2 Business Days
*For addresses in Alaska and Hawaii, only UPS 2 Days deliveries are possible (arriving in 2-3 business days) but are offered at a cost of $8.
UPS Ground Shipping is free for any order.
Orders with expedited shipping must be placed by 12:00 pm EST Monday to Friday (excluding holidays) to ensure same-day processing and shipping. Orders received on Friday after 12:00 pm EST, or on a Saturday, Sunday or federal holiday will be processed the following business day, and then the relevant delivery time will be applied.
Once your order has been shipped, you will receive a confirming email. Any delay in delivery or non-delivery must be reported as soon as possible to the following address: email@example.com.
As the delivery is carried out by a third-party service provider, to the maximum extent allowed by law, we are not responsible for the non-performance or poor performance of the carrier including, but not limited to, delayed delivery.
Unless otherwise indicated, we are only able to ship to one shipping address per order. If you would like to ship to multiple addresses, please place separate orders for each unique address. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If your order is returned due to an invalid or incorrect address your order will be returned to stock and the payment refunded minus any shipping charges.
Shipping Exclusions. We do not ship to PO boxes, APO/FPO addresses, logistic service providers (including freight forwarders), hotel and motel addresses, Puerto Rico, Guam, the American Virgin Islands, or other U.S. Territories, non-fixed address or domicile (ie.: without being exhaustive, mobile homes, caravans, campsites, and other non-fixed locations).
If you have questions regarding shipping please contact us
Discounts and Promotions
Certain Sites create or advertise discount codes, discounts, and offers that provide a benefit to you when entered upon checkout. Discount codes may only be redeemed exclusively on these Sites, have not other cash value and will not be refunded. These discount codes cannot be applied to previous or completed transactions; they must be provided at the time of purchase. Discounts cannot be combined with other offers. Only consumers can use discount codes; they cannot be used by resellers, wholesalers, professionals or the like. Discounts or offers that are expired or discontinued cannot be used or applied even if they remain visible on the Site.
Any coupons, discounts, vouchers, or other promotions made available through a Site may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
Free Items and Gifts with Purchase
Promotions including free items, sometimes referred to as gifts and free samples, with purchase are available subject to conditions listed at the time of checkout, for a limited time only, and offered only while supplies last. No rainchecks will be provided for out-of-stock free items. Free samples and other gifts are available only with applicable purchase and may only be selected from the options we present. If your selected gift and/or free sample is not available, we may substitute a similar item in its place, at our sole discretion. Gifts and samples with purchase are not eligible for return, refund, or exchange.
WEBSITE TERMS AND CONDITIONS
All web pages, names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Sites (the “Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent, trade secret, or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.
Subject to your compliance with this Agreement, we grant you a limited license to access and use the Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement, and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.
While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party’s use of a Site. In addition, we expect users of the Sites to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
- Post, upload, transmit, distribute, facilitate distribution of or otherwise make available to or through a Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
- Upload to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as Social Security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;
- Violate, or attempt to violate, the security of a Site;
- Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use scripts, macros, or other automated means to impact the integrity of voting, ratings or similar features;
Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Sites;
- Build a competitive product or service using the Sites, build a product or service using similar ideas, features, functions, or graphics as the Sites or determine whether the Sites are within the scope of any patent;
- Interfere in any manner with the operation or hosting of the Sites or monitor the availability, performance, or functionality of the Sites;
- Use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from a Site or any other user of a Site; or
- Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Sites.
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.
Our Sites may allow you to register for accounts specific to you for ordering and other purposes (“Account”).
In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of the Sites are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time, and you may not allow other people to use your Account to access a Site.
If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password, or any other breach of security that you become aware of involving or relating to a Site by contact usas soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Third-Party Content and Links
Any information, statements, opinions, or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third-party Content on our Sites.
We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click on these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos, or copyright symbols.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Updates to this Agreement
We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of a Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account at our discretion.
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent
IMPORTANT LEGAL TERMS
The Sites and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on a Site, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the contact ussection. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to a Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Sites and all copies thereof; (ii) you will immediately cease all use of and access to the Sites; (iii) and we may delete your Registered User Account at any time. You agree that if your use of a Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of a Site after termination will be a violation of this Section, which survives any termination.
YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SITES. Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13.
To place an order on our Sites, you must be at least 18 years of age. If you are under the age of majority in your place of residence, which is 18 in most jurisdictions, you may not establish a registered Account with us, and you should use our Sites and place an order with us only under the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Sites or sections of our Sites, as well as promotions, programs and commerce we may offer on a Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Sites or certain sections or features of our Sites, you should not attempt to do so.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Online Guard.Please note that we do not endorse any of the products or services listed at such sites.
Disclaimer of Warranties
NO WARRANTIES ARE GIVEN. THIS WEBSITE AND, EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR PRODUCTS ARE PROVIDED "AS AVAILABLE" AND "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.
Limitation of Liability
USE OF THIS WEBSITE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. WE MAKE NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS OR THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. WE WILL NOT BE LIABLE FOR: (I) YOUR ABILITY OR INABILITY TO UPLOAD OR DOWNLOAD ANY USER CONTENT ONTO THE IMAGE GALLERY; (II) TECHNICAL PROBLEMS OR MALFUNCTIONS THAT AFFECT THE IMAGE GALLERY OR VIEWING OF THE USER CONTENT; (III) LOST, FAULTY, ILLEGIBLE, DISTORTED, JUMBLED, GARBLED, DELAYED, OR INTERCEPTED OR OTHERWISE UN-RECEIVED, USER CONTENT OR DATA TRANSMISSIONS. WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THIS WEBSITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. WE MAKE ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.
NO CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THIS WEBSITE OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED, IN ANY EVENT, TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold us and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with a Site if they are unlawful or violate the terms of this Agreement; or (iii) the Content or other information you provide to us through a Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranties; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Consent to Communication
If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.
Disputes, Applicable Law
These Terms will be governed by and construed under the laws of the State of New York, without regard to its conflicts of laws rules.
The state courts of the State of New York in the county of New York and, if the jurisdictional prerequisites exist at the time, the United States District Court for the Southern District of New York, shall have sole and exclusive jurisdiction to hear and determine any dispute or controversy arising under or concerning this Agreement.
Class Action Waiver
You agree that you may bring claims against us only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States, unless otherwise disclosed. The products referred to on Sites may only be available in the territory to which that Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access a Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
If you have questions about this Agreement, or if you have technical questions about the operation of a Site, please contact us hereor by writing us at firstname.lastname@example.org.
Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.