Terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB
SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF
THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THIS WEB SITE.
- Products, Content and Specifications. All features,
content, specifications, products and prices of products and services
described or depicted on this Web site, AnnaleesFormals.com
(this "Web Site"), are subject to change at any time without notice.
Certain weights, measures and similar descriptions are approximate and
are provided for convenience purposes only. We make all reasonable
efforts to accurately display the attributes of our products, including
the applicable colors; however, the actual color you see will depend on
your computer system, and we cannot guarantee that your computer will
accurately display such colors. The inclusion of any products or
services on this Web Site at a particular time does not imply or warrant
that these products or services will be available at any time. It is
your responsibility to ascertain and obey all applicable local, state,
federal and international laws (including minimum age requirements) in
regard to the possession, use and sale of any item purchased from this
Web Site. By placing an order, you represent that the products ordered
will be used only in a lawful manner.
- Shipping Limitations. When an order is placed, it
will be shipping to an address designated by the purchaser as long as
that shipping address is compliant with the shipping restrictions
contained on this Web Site. All purchases from this Web Site are made
pursuant to a shipment contract. As a result, risk of loss and title for
items purchased from this Web Site pass to you upon delivery of the
items to the carrier. You are responsible for filing any claims with
carriers for damaged and/or lost shipments.
- Accuracy of Information. We attempt to ensure that
information on this Web Site is complete, accurate and current. Despite
our efforts, the information on this Web Site may occasionally be
inaccurate, incomplete or out of date. We make no representation as to
the completeness, accuracy of any information on this Web Site. For
example, products included on this Web Site may be unavailable, may have
different attributes than those listed, or may actually carry a
different price than that stated on this Web Site. In addition, we may
make changes in information about price and availability without notice.
While it is our practice to confirm orders by email, the receipt of an
email order confirmation does not constitute our acceptance of an order
or our confirmation of an offer to sell a product or service. We reserve
the right, without prior notice, to limit the order quantity on any
product or service and/or to refuse service to any customer. We also may
require verification of information prior to the acceptance and/or
shipment of any order.
- Use of this Web Site. The design of this Web Site
and all text, graphics, information, content, and other material
displayed on or that can be downloaded from this Web Site are protected
by copyright, trademark and other laws and may not be used except as
permitted in these Terms and Conditions or with prior written permission
of the owner of such material. The software and other technology
components of this Web Site are 2008 to Present of Annalee's.
The contents of this Web Site are 2008, Annalee's. or its'
respective affiliates and suppliers. All rights reserved. You may not
modify the information or materials displayed on or that can be
downloaded from this Web Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use any such information or
materials for any public or commercial purpose. Any unauthorized use of
any such information or materials may violate copyright laws, trademark
laws, laws of privacy and publicity, and other laws and regulations.
- Trademarks. Certain trademarks, trade names,
service marks and logos used or displayed on this Web Site are
registered and unregistered trademarks, trade names and service marks of
Annalee's and its affiliates. Other trademarks, trade names and
service marks used or displayed on this Web Site are the registered and
unregistered trademarks, trade names and service marks of their
respective owners, including GSI and its affiliates. Nothing contained
on this Web Site grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
trademarks, trade names, service marks or logos displayed on this Web
Site without the written permission of ANNALEE'S or such other
owner.
- Linking to this Web Site. Creating or maintaining
any link from another Web site to any page on this Web Site without our
prior written permission is prohibited. Running or displaying this Web
Site or any information or material displayed on this Web Site in frames
or through similar means on another Web site without our prior written
permission is prohibited. Any permitted links to this Web Site must
comply will all applicable laws, rule and regulations.
- Third Party Links. From time to time, this Web Site
may contain links to Web sites that are not owned, operated or
controlled by ANNALEE'S or their respective affiliates. All such
links are provided solely as a convenience to you. If you use these
links, you will leave this Web Site. Neither we nor any of our
respective affiliates are responsible for any content, materials or
other information located on or accessible from any other Web site.
Neither we nor any of our respective affiliates endorse, guarantee, or
make any representations or warranties regarding any other Web sites, or
any content, materials or other information located or accessible from
any other Web sites, or the results that you may obtain from using any
other Web sites. If you decide to access any other Web sites linked to
or from this Web Site, you do so entirely at your own risk.
- Inappropriate Material. You are prohibited from
posting or transmitting any unlawful, threatening, defamatory, libelous,
obscene, pornographic or profane material or any material that could
constitute or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise violate any law.
In addition to any remedies that we may have at law or in equity, if we
determine, in our sole discretion, that you have violated or are likely
to violate the foregoing prohibitions, we may take any action we deem
necessary to cure or prevent the violation, including without
limitation, the immediate removal of the related materials from this Web
Site. We will fully cooperate with any law enforcement authorities or
court order or subpoena requesting or directing us to disclose the
identity of anyone posting such materials.
- User Information. Other than personally
identifiable information, which is subject to this Web Site's Privacy
Policy, any material, information, suggestions, ideas, concepts,
know-how, techniques, questions, comments or other communication you
transmit or post to this Web Site in any manner ("User Communications")
is and will be considered non-confidential and non-proprietary. We and
our respective affiliates and our or their designees may use any or all
User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner
whatsoever for any or all commercial or non-commercial purposes. We may,
but are not obligated to, monitor or review any User Communications. We
will have no obligation to use, return, review, or respond to any User
Communications. We will have no liability related to the content of any
such User Communications, whether or not arising under the laws of
copyright, libel, privacy, obscenity, or otherwise. We retain the right
to remove any or all User Communications that includes any material we
deem inappropriate or unacceptable.
- DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK.
THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB
SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ANNALEE'S
NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR
THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED
ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER
ANNALEE'S NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY
COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR
SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO
THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS.
- ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE
SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, ANNALEE'S HEREBY DISCLAIM
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR
PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE
DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE
COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY. Annalee's
assumes any responsibility, and will not be liable for, any damages to,
or viruses that may infect, your computer, telecommunication equipment,
or other property caused by or arising from your access to, use of, or
browsing this Web Site, or your downloading of any information or
materials from this Web Site. IN NO EVENT WILL ANNALEE'S
OR ANY OF THEIR RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR
ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST
DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE,
OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB
SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL
SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY
CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB
SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU
HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE
REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF
SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S
WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN
ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB
SITE.
- Revisions to these Terms and Conditions. These
Terms and Conditions may be revised at any time and from time to time by
updating this posting. You should visit this page from time to time to
review the then current Terms and Conditions because they are binding on
you. Certain provisions of these Terms and Conditions may be superseded
by legal notices or terms located on particular pages of this Web Site.
- Choice of Law; Jurisdiction. These Terms and
Conditions supersede any other agreement between you and Annalee's
to the extent necessary to resolve any inconsistency or ambiguity
between them. These Terms and Conditions will be governed by and
construed in accordance with the laws of the state of New York, without
giving effect to any principles of conflicts of laws. Any action seeking
legal or equitable relief arising out of or relating to this Web Site
will be brought only in the courts of the state of New York or the
United States District Court for the Southern District of New York. A
printed version of these Terms and Conditions will be admissible in
judicial and administrative proceedings based upon or relating to these
Terms and Conditions to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
- Termination. You or we may suspend or terminate
your account or your use of this Web Site at any time, for any reason or
for no reason. You are personally liable for any orders placed or
charges incurred through your account prior to termination. We reserve
the right to change, suspend, or discontinue all or any aspect of this
Web Site at any time without notice.
- Additional Assistance. If you do not understand any
of the foregoing Terms and Conditions or if you have any questions or
comments, we invite you to contact us by e-mail at
gowns@annaleesformals.com.