Terms and Conditions | David Yurman
Please read these Terms and Conditions of Sale (“Terms of Sale”)
carefully prior to making an online purchase from David Yurman
Enterprises LLC (“David Yurman,” “we,” “us” or “our”) through our
website, WWW.DAVIDYURMAN.COM (the
“Site”). 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, and you
agree that you have reached the age of majority in your
province/territory of residence at the time of purchase. 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 Canadian. 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. All
available items will be delivered within a maximum of four (4) weeks,
subject to restrictions under Section 1. 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 available”, and where permitted by law
without warranties or conditions of any kind, either express or
implied, including, but not limited to, implied warranties or
conditions 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
WITH THE EXCEPTION OF RESIDENTS OF THE PROVINCE OF QUEBEC, 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
With the exception of residents of the Province of Quebec, 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.
For residents of the Province of Quebec, the Terms of Sale and your
purchase of items through the Site will be governed by and construed
in accordance with the laws of the Province of Quebec, without regard
to conflict of law principles. You hereby irrevocably consent to the
jurisdiction and venue of the federal and provincial courts located in
the Province of Quebec with respect to any dispute related to these
Terms of Sale or your purchase of an item through the Site.
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, or alternatively contact us at 1-888-DYURMAN or David
Yurman Enterprises LLC, 1250 Valley Brook Avenue, Unit A, Lyndhurst,
NJ 07071.
