Privélege Terms Of Use

 

 

These Terms and Conditions of Use (the “Terms of Use”) apply to the Privélege website located at www.privelege.com (the “Website”). The Website is the property of Privelege Design LLC (“Privélege”).

By using the Website, you agree to these Terms of Use; if you do not agree, do not use the site.

Privélege reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. The date of the most recent update is indicated at the end of the Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

 

1. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Privélege, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Privélege’s express prior written consent.

 

2. Your Use of the Website

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Privélege reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Privélege server, or to any of the services offered on or through the Website, by hacking or any other illegitimate means.

 

3. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

Privélege’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

Privélege may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Privélege makes no commitment to update the materials on the Website with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Website.

 

4. Links to Other Sites

The Website may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Privélege’s control, and Privélege is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

5. Disclaimers

Privélege does not promise that the Website or any content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will be uninterrupted or provide specific results. The Website and its content are delivered on an “as-is” and “as-available” basis. The Website is subject to change without notice. Privélege may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website. Privélege cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features. Privélege disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Privélege disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or any Privélege services. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against Privélege for dissatisfaction with the Website or any content is to stop using the Website or any such content.

 

6. Privacy

The terms in this section constitute Privélege’s privacy policy (the “Privacy Policy”). By visiting our website, you accept the practices outlined in this Privacy Policy.

  1. Security of Internet Transmissions. By using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
  2. Accounts, Passwords & Security. Certain features or services offered on or through the Website may require you to open an Account. When you create a Privélege account, we may ask for information such as your name, phone number, email address, mailing address, and credit card billing information, as well as measurement information for your neck, chest, waist, hips, sleeves, outseam or inseam. Privélege may collect similar information from you when you book an appointment or fitting with us, shop online or in our showrooms, opt-in to receive our newsletters, participate in contests, promotions or survey, or join our social networking sites.

You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Privélege immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Privélege or any other user of or visitor to the Website due to someone else using your Privélege username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Privélege username, password or account at any time without the express permission and consent of the holder of that Privélege username, password or account. Privélege cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

  1. Other User Information. Once you create and sign into your account, Privélege automatically receives information from your browser, such as your IP address, and cookies. Cookies enable our website to recognize you as you move throughout our website and stores your navigational patterns and any items you have placed in your shopping cart. Your web browser also allows us to track statistics such as types of browsers on our website, page views, navigational patterns and high traffic areas. This information does NOT track personally identifiable information about our users.

We may combine your information from our website with information you have provided in our showrooms to ensure that our service to you is relevant and timely.

  1. Protecting Information. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

Privélege does not rent, sell or share your personal information to unaffiliated third parties. Occasionally, we work with trusted partners who work on our behalf to improve our services to you. These partners may have access to your personal information after they have agreed to our confidentiality agreement.

In the event that Privélege is acquired by or merged with another company, Privélege may disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this privacy policy.

We may disclose information about you if required to do so by law, governmental request, process or court order or based on our good faith belief that there is suspected fraud or a situation involving potential threats to the safety of any person or violation of the Privélege terms of use.

  1. Marketing Communications. In addition to using your personal information to improve and enhance your experience with Privélege, we use information to better target our marketing to your behavioral preferences. If you create an account on our website, you may automatically be added to our email list and receive marketing or promotional information from us.

If you do not wish to receive Privélege marketing emails, you may opt out by clicking on the unsubscribe link found at the bottom of all Privélege marketing emails. Please be aware that it can take up to 10 business days to remove you from our marketing email lists.

Please note that if even if you unsubscribe to our marketing email list, you will still receive servicing emails such as notifications of upcoming appointments, order confirmation and shipment status.

  1. Notification of Changes. Privélege is committed to protecting your privacy and may update the Privacy Policy from time to time. We will notify you about significant changes to our Privacy Policy by sending a notice to the primary email address on your account.

 

7. Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions.  You consent to the exclusive jurisdiction and venue of the state and federal courts of New York with respect to the resolution of any suit, action or proceeding hereunder. Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Privélege and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

8. Miscellaneous

Privélege’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Privélege of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Privélege and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

9. Shipping

All orders are shipped for free within the US.

 

10. Returns

Items purchased on the Website may be returned or exchanged within 14 days of the day that the item shipped or as otherwise stated on the item return policy. Returned items must be unused, unworn, unwashed, and undamaged, with all tags attached and all packaging included. Customers will be refunded all payments minus the cost of shipping. Items marked FINAL SALE are not returnable.

 

Effective as of March 10, 2015