Please read these Terms and Conditions (the “Terms and Conditions”) carefully. By creating a L148NY@Home account, ordering a shipment, receiving Items, or otherwise participating in the L148NY@Home Program, Clients represent and warrant that they have read and understood the Terms and Conditions, and agree to be bound by them. The Terms and Conditions include a class action waiver and require binding arbitration on an individual basis to resolve disputes, in lieu of jury trials.
Clients receive Lafayette 148 New York (including “we,” “us,” or “our”) apparel that their Personal Stylist Advisors (“Advisors”) select for them (“Items”) based on their L148NY@Home fashion profile. They have five (5) business days after arrival to try on the Items and only pay for those that they do not return in accordance with the Terms and Conditions.
To become a Client, a customer must create an account (“Account”) by providing Lafayette 148, Inc. certain personal, contact, and payment information (“Account Information”). In creating Accounts, Clients represent and warrant that: (a) they are creating such Accounts for themselves, (b) they do not already have an active Account, (c) they have the authority to enter and participate in the L148NY@Home Program (the “Program”), (d) all Account Information submitted is true and accurate, and (e) they will maintain the accuracy of Account Information. Clients also authorize us to (a) retain Account Information, (b) use Account Information to charge for (or place a pre-authorization hold on) Items, and (c) assume that a person who signs on with a Client’s Account Information is in fact the Client or someone the Client has authorized to access the account. Clients should notify us immediately if they become aware that their Account Information is being used without their authorization. We reserve the right to take whatever action we deem necessary to preserve the security of the Program and Account Information, including without limitation terminating an Account or requesting additional information to authorize transactions on an Account.
Clients will receive Items by standard two-day shipping free of charge. Upon receipt, all Items will be deemed accepted by, and title to and risk of loss passes to, Clients.
Clients may return any or all of the Items. Items shall be returned in their original condition (with all hangtags attached) in the original box and prepaid shipping label, postmarked no later than five (5) business days after the Clients receive them. Clients will retain title to the returned Items and risk of loss of such Items will remain with Clients until we receive the returned Items and we determine that such Items are returned in their original condition (with all hangtags attached) in the original box and prepaid shipping label, postmarked no later than five (5) business days after the Clients receive them.
Clients may request an exchange any of the Items for a different size or color by calling their Advisors. An exchange may not be available for every request. Items approved by Advisors for exchange shall be returned in their original condition (with all hangtags attached) in the original box and prepaid shipping label, postmarked no later than five (5) business days after the Client receives them. Clients will retain title to the exchanged Items and risk of loss of such Items will remain with Clients until we receive the exchanged Items and we determine that such Items are returned in their original condition (with all hangtags attached) in the original box and prepaid shipping label, postmarked no later than five (5) business days after the Client receives them
When Items are shipped to Clients, we will place a $498 pre-authorization hold on their method of payment. Clients are responsible for state and local sales taxes that apply to their orders where we elect or are required to collect and remit such taxes. If we do not collect the applicable sales tax, Clients are responsible for payment of the applicable use taxes. Clients will be charged for those Items that are not received in their original condition (with all hangtags attached) in the original box using the prepaid shipping label, postmarked no later than five (5) business days after Clients receive them. At the conclusion of the transaction, we will release the pre-authorization hold that takes seven to 30 days for processing.
Certain of the names, logos, and other materials displayed on Items or in the Program constitute trademarks, tradenames, service marks or logos (“Marks”) of Lafayette 148 New York or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. Clients are not authorized to copy, modify, or otherwise use such Marks. Clients furthermore understand and acknowledge that the software, code, and proprietary methods and systems used in the Program, and the materials, information, and content made available or displayed by us through the Program are owned by us or our licensors and subject to intellectual property and proprietary rights and laws. Subject to the Terms and Conditions, we grant Clients a non-transferable, non-exclusive, revocable, limited license to use the Program, solely for their own personal, noncommercial use. Any use of third party software provided in connection with the Program will be governed by such third parties’ licenses and not by the Terms and Conditions.
By participating in the Program, Clients agree that we, in our sole discretion, may immediately restrict, suspend, or terminate their access to the Program at any time, for any reason, in our sole discretion, without any liability to Clients or any other party for such restriction, suspension, or termination. At our discretion, we may notify Clients of such changes by email or other reasonable means.
We will notify Clients of any changes to the Terms and Conditions by posting the new Terms and Conditions at www.lafayette148ny.com/L148NYatHome-terms and updating the “Last Revised” date at the end of the webpage. At our discretion, we may also notify Clients of certain changes by sending them an email to the email address associated with their Accounts. Clients are responsible for providing us with their current e-mail address, which they may update when logged in to their Accounts. Changes to the Terms and Conditions will be effective immediately following our posting of the changes. Continued participation in the Program, including receiving Items, following such changes will indicate acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Clients should regularly check www.lafayette148ny.com/L148NYatHome-terms to view the then-current Terms and Conditions.
DISCLAIMER OF WARRANTY
All content, Items and services included in or otherwise made available through the Program are provided by Lafayette 148 New York “with all faults” and on an “as is” and “as available” basis, unless otherwise specified in writing. Lafayette 148 New York makes no representations or warranties of any kind, whether express or implied, as to the operation of the Program or any content, Items or services included on, or otherwise made available to Clients through, the Program, unless otherwise specified in writing, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. Clients expressly agree that their use of the Program and receipt of Items are at their sole risk. We make no warranty that the Items or the Program will meet the requirements of Clients, or that the Program will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Items, or the Program, or that defects in the Items, or the Program will be corrected. We specifically disclaim any liability associated with the use of the Items (e.g., rashes that may develop from wearing the Items or dyes that bleed from the Items onto other items) and Clients agree that they will not sue Lafayette 148 New York for any claim related to any Items purchased through the Program.
Some states do not allow exclusion of implied warranties, so the exclusions may not apply in individual cases. Clients may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
LIMITATION OF LIABILITY
Clients acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Program if Clients agree to certain limitations of our liability to them and to third parties. Clients understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to Clients’ use of or access to, or the inability to use or to access, the Program, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the Items or for any information appearing on any other site linked to the Program. If Clients are dissatisfied with any portion of the Program, the sole and exclusive remedy of Clients is to discontinue use of the Program. Our total liability for all claims arising from or related to the Program is limited, in aggregate, to the greater of (i) the total amount of Clients’ Program orders in the three (3) months prior to the date of the event giving rise to our liability, or (ii) 25% of Clients’ last Program order.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to certain Clients. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.