Effective Date July 31, 2015
J. Lindeberg ECOM USA LLC (“J. Lindeberg”) operates this web site (the “Web Site”). J. Lindeberg is hereinafter referred to as “we” or “us.”
These General Terms and Conditions (“Terms”) govern your access and use of the Web Site as well as all content, information and products available on or through the Web Site. Among other things, we provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by us in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein.
A SPECIAL NOTE ABOUT CHILDREN: The Web Site is not designed or intended for use by children under 13, although the Web Site may offer children’s products for purchase by adults. If you are under 18, you should use the Web Site only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.
2. Changes in Terms
We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Web Site. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions on the Web Site. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms. ANY ACCESS OR USE OF THE WEB SITE BY YOU AFTER REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS.
You or we may suspend or terminate your Account (as defined below) or your use of the Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to such termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Web Site and your purchase of items from us (if applicable) on the Web Site.
All design and content featured on the Web Site, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content,” and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by us. The Web Site in its entirety is protected by copyright and applicable trade dress. The Content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the Web Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, we do not grant to you or any other person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Web Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by us, is strictly prohibited.
You may order products from the Web Site only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Web Site may be subject to additional terms and conditions presented to you during such purchase or download.
Nothing contained on the Web Site shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance. Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. We will issue a credit to your original form of payment if you were previously charged. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. You may not purchase our products for resale purposes.
Products listed on the Web Site are not guaranteed to be available as products may not be in stock, or may be low in stock, when an order is completed. A product displayed on the Web Site may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the Web Site and stores or between geographies. Prices displayed on the Web Site are quoted in USD and are valid and effective only in the U.S.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Web Site. All purchases from the Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the 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.
7. Linking to this Web Site.
Creating or maintaining any link from another website to any page on the Web Site without our prior written permission is prohibited. Running or displaying the Web Site or any material displayed on the Web Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Web Site must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.
8. Linked Third Party Sites
You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from the Web Site to third-party websites, applications and services, and third-party websites may link to the Web Site (“Linked Sites”). Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.
9. Prices and Product Information
Although we have made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the display settings and device of the user, and we cannot guarantee that your electronic device will accurately portray the actual colors of the products. The prices of products displayed are subject to change. We are not responsible for typographical errors regarding price or any other matter.
We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.
You agree to accept responsibility for all activities that occur under your Account, if any, and agree you will not sell, transfer or assign your Account or any rights associated with your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portions of the Web Site using your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Web Site for any reason.
11. Submissions of Materials
We are pleased to hear from its customers and welcomes your comments regarding our services and products. However, any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively “User Content”) that you submit or post on the Web Site shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to us and our affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever. We will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. We shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By submitting User Content, you represent and warrant that such User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold us and our employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEB SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEB SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THE WEB SITE ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE WEB SITE, IN WHOLE OR IN PART, WILL MEET YOUR REQUIREMENTS. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEB SITE.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH THE WEB SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY USER CONTENT, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE WEB SITE, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY USER CONTENT DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OUR SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR OUR OR THEIR SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless us, our subsidiaries, affiliates and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with your use of the Web Site including, but not limited to, (i) your violation of these Terms, (ii) any allegation that any information on material (including any User Content) submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your Account.
15. Prohibited Uses
The Web Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Web Site, purchasing products, providing information to the Web Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Web Site. We specifically prohibit any use of the Web Site, and you agree not to use the Web Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or transferring (by any means) information or software derived from the Web Site to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with the Web Site’s or our networks or network security, or attempting to use the Web Site’s service to gain unauthorized access to any other computer system; and
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences, including involving and cooperating with law enforcement authorities, and prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the Web Site, our provision of services to any other visitors to the Web Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “mailbombing” or “crashing” the Web Site; and
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to the Web Site.
17. Governing Law
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State, City and County of New York.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Web Site. You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. The Terms inure to the benefit of our successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.