Terms of Sale
Last Updated: 10/10/2017
Please read these Terms of Sale carefully prior to making an
online purchase from David Yurman Enterprises LLC (“David Yurman,”
“we,” “us” or “our”) through our website. By purchasing items
through the Site, you agree to be bound by these Terms of Sale and
our TERMS
& CONDITIONS, which are incorporated by reference. If you do
not agree to all of the terms and conditions set forth in these Terms
of Sale, do not purchase any items through the Site.
We reserve the right to change or modify these Terms of Sale at
any time and in our sole discretion. If we make changes to these
Terms of Sale, we will post the amended Terms of Sale to the Site
and update the “Last Updated” date above. We encourage you to review
these Terms of Sale prior to making any purchase through the Site to
ensure that you understand the terms and conditions that apply to
your purchase.
1. Availability and Pricing
All items offered for sale through the Site are subject to
availability, and we reserve the right to impose quantity limits on
any order, reject all or any part of an order, and discontinue
offering items without prior notice, even if you have already placed
an order for an item. All prices are shown in U.S. dollars and
applicable Taxes (as defined below) and other charges, if any, are
additional. All prices are subject to change without notice.
In the event that an item you are interested in purchasing is not
listed on the Site or is listed as "Contact Us" on the Site,
it may not be available for ordering from our online inventory, but
may be available elsewhere in our retail stores. Please contact our
customer care team at 1-888-DYURMAN or email us at CUSTOMERCARE@DAVIDYURMAN.COM.
If the item is not available in retail stores, it is not currently
available for ordering. Please check back at a later time as our
inventory is subject to change.
2. Taxes
You are responsible for any sales, use, duty, or other
governmental taxes or fees (“Taxes”) due with respect to your
purchase of items through the Site. We will collect applicable Taxes
if we determine we have a duty to collect such Taxes. We will
present an estimate of Taxes to be collected at checkout, except
where we have clearly stated in writing that a price includes Taxes.
The actual taxes charged may be adjusted from the amount shown at
checkout. Several factors may cause this adjustment, such as
variances between processor programs and changes in rates of
Taxes.
3. Payments
By providing a credit card or other payment method accepted by us,
you represent and warrant that you are authorized to use the
designated payment method and that you authorize us (or our
third-party payment processor) to charge your payment method for the
total amount of your order (including any applicable Taxes and other
charges). If the payment method cannot be verified, is invalid or is
otherwise not acceptable, your order may be suspended or cancelled.
You must resolve any problem we encounter in order to proceed with
your order. In the event you would like to change or update payment
information associated with your account on the Site, you can do so at
any time by logging into your account and editing your payment
information. If any of the items in your order are unavailable, we
will charge only the prices, Taxes and other applicable charges
associated with the items that are included in the shipment.
4. Shipping and Handling
You agree to pay any shipping and handling charges shown at the
time you make a purchase. We reserve the right to increase,
decrease, add or eliminate shipping and handling charges from time
to time; however, we will provide notice of the changes applicable
to you before you make your purchase. Any delivery dates or times
shown as part of the checkout process are estimates only and are not
guaranteed. Unless we state otherwise, risk of loss or damage to an
item passes to you upon delivery of the item to your specified
delivery location.
If you have any questions regarding shipping, please contact us by
filling out the form on our EMAIL
US page. For more information about shipping and handling fees,
including international shipping, please see our SHIPPING
INFORMATION.
5. Returns, Exchanges and Refunds
We want you to be completely happy with the items you order from
us. If for any reason you are not satisfied with an item you
purchase through the Site, you may return such item (accompanied by
your sales receipt) within 14 days of the date on which the item was
delivered to you and elect to: (i) exchange the item for another
item available for purchase through the Site, (ii) receive a refund
in the amount you paid for the item, or (iii) receive a merchandise
credit in the amount you paid for the item that may be applied to
your purchase of another item through the Site. If you return an
item to us after such 14-day return period, but between 15 and 30
days of the date on which the item was delivered to you, you may
still return the item and elect either to exchange the item for
another item available for purchase through the Site or to receive a
merchandise credit in the amount you paid for the item that may be
applied to your purchase of another item through the Site.
To return an item you purchased through the Site, please complete
the return section of the original packing slip enclosed with your
order and indicate the reason(s) for the return and whether you wish
to exchange the item or to receive a refund or merchandise credit in
the amount you paid for the item pursuant to these Terms of Sale. You
must enclose the completed return section of the original packing slip
in the package you send to us with the item you are returning. You may
ship your return to us using the complimentary return shipping label
provided with your order, which will ensure that your return is mailed
to the proper return address. If you decline to use the complimentary
return shipping label provided with your order, please ship your
return, prepaid and insured, to us at: DYE, 1250 Valley Brook Ave,
Unit A, Lyndhurst, NJ 07071. Please allow 2-3 weeks for the
processing of your return.
Alternatively, you may return an item purchased through the Site
to one of our David Yurman boutiques for an exchange, credit or
refund pursuant to these Terms of Sale. Please note that any item
purchased in a David Yurman boutique may be returned only to the
boutique at which such item was purchased and must be accompanied
with your sales receipt.
Please note that all refunds will be issued to the original form
of payment, except that cash purchases will be refunded by a company
check from David Yurman. All items returned to us must be unaltered,
unworn and in saleable condition. In addition, all returned items must
include the original packaging in good condition and all associated
tags. Please note that used items are not eligible for return unless
such items are defective. Some exclusions may apply.
6. Price Adjustments
If the price of an item you purchase through the Site is reduced
due to such item becoming a permanent sale item within 10 days of
the date on which you purchased the item, you may contact us to
receive a one-time (single order) refund or price adjustment for the
item purchased. Such refund or price adjustment applies only to
items that become permanent sale items and excludes temporary
special promotion items. For questions regarding price adjustments
or to submit a request for a price adjustment, please contact us
at 1-888-DYURMAN
(1-888-398-7626).
7. Errors
We attempt to be as accurate as possible and to eliminate errors
on the Site; however, we do not represent or warrant that the
descriptions, pricing or other information on the Site is accurate,
complete, reliable, current or error-free. In the event of an error,
we reserve the right to correct such error and revise your order
accordingly (which includes charging the correct price) or to cancel
your order and refund any amount charged. Please note that:
· If the correct price of an item you purchase through the
Site is lower than our stated price, we will charge you the lower
amount when your order is shipped.
· If the correct price of an item you purchase through the
Site is higher than our stated price, we will, at our discretion,
contact you for instructions before shipping. If we are unable to
contact you after 15 days, we will cancel your order and notify you of
such cancellation.
8. Disclaimers; Limitation of Liability
Your use of items purchased through the Site is at your sole
risk. Such items are provided “as is” and “as available’ without
warranties of any kind, either express or implied, including, but
not limited to, implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement.
You understand and agree that, to the fullest extent
permitted by applicable law, David Yurman and its officers,
directors, agents, partners and employees (individually and
collectively, the “David Yurman Parties”) will not be liable to
you under any theory of liability—whether based in
contract, tort, negligence or otherwise—for any indirect,
consequential, incidental, or special damages or lost profits
that may be incurred by you, arising out of or in any way
connected to these Terms of Sale or the use of, or inability to
use, any items purchased through the Site, including, without
limitation, any damages caused by or resulting from reliance by
you on any information or items obtained from us, whether or not
David Yurman or another David Yurman Party has been advised or
should have been aware of the possibility of any such losses.
You understand and agree that, to the fullest extent permitted
by applicable law, the David Yurman Parties’ total liability in
connection with the items purchased through the Site and these
Terms of Sale will not exceed the amount you actually paid to
David Yurman for such items purchased.
The limitations set forth in this section will not limit or
exclude liability for personal injury or property damage
directly and proximately caused by items you purchased from us
through the Site or for the gross negligence, fraud or
intentional misconduct of any David Yurman Parties, or for any
other matters in which liability cannot be excluded or limited
under applicable law.
9. Dispute Resolution; Binding Arbitration
INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING TO
THESE TERMS OF SALE, YOUR PURCHASE OF AN ITEM THROUGH THE SITE OR
ITEMS PURCHASED FROM US WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION
IN NEW YORK, NEW YORK.
ANY ARBITRATION UNDER THESE TERMS OF SALE WILL BE CONDUCTED UNDER
THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THESE
RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT BECAUSE, AMONG OTHER
REASONS, THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED.
AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER, AND
MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF SALE AS A
COURT WOULD.
THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A
JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW.
ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS.
THE ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME
REMEDIES AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE
INDIVIDUALIZED TO YOU AND WILL NOT AFFECT ANY OTHER CUSTOMER.
YOU AND DAVID YURMAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL
CAPACITIES AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY,
TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION
ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO
ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT
OR CONSOLIDATED ARBITRATION OF ANY KIND.
10. Governing Law
These Terms of Sale and your purchase of items through the Site
will be governed by and construed in accordance with the laws of the
State of New York, without regard to conflict of law principles. You
hereby irrevocably consent to the jurisdiction and venue of the
federal and state courts located in New York, New York with respect
to any dispute related to these Terms of Sale or your purchase of an
item through the Site that is not subject to arbitration under these
Terms of Sale.
11. Severability
If any provision or part of a provision of these Terms of Sale is
unlawful, void or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Sale and does not
affect the validity and enforceability of any remaining
provisions.
12. Questions
If you have any questions
regarding these Terms of Sale, please contact us by filling out
the form on our EMAIL US page.
