Terms of Use

These Terms of Use govern your use of the website located at www.iamdkny.com (the “Site”). The Site is made available to you by YR Store Inc.("YR") on behalf of G-III Leather Fashions, Inc. (“DKNY” and collectively with YR, “we” or “us”), as more particularly detailed below in the section headed Orders for Products and Services. This Site is intended for and applicable only for users age 18 or older located in the United States of America. If you are under 18 years of age, you may not use the Site. By accessing the Site in any way, including, without limitation, browsing the Site, using any information, and/or submitting information to YR and/or DKNY, you agree to and are bound by these Terms of Use, including, but not limited to, arbitrating disputes, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations (where applicable), and a choice of New York, USA law.

From time to time we may update the Site and these Terms of Use. Your use of the Site after we post any changes to these Terms of Use constitutes your agreement to those changes. You agree to review these Terms of Use periodically to ensure that you are familiar with the most recent version. We may, in our sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site with or without notice to you. You agree that you do not have any rights in the Site and that neither YR nor DKNY will have no liability to you if the Site is discontinued or your ability to access the Site, or any content you may have posted on the Site, is terminated. We take your privacy very seriously. In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Site constitutes agreement to our Privacy Policy as well.

RIGHTS IN MATERIALS

With the exception of User Content (as defined below), YR and/or DKNY own the Site and select content (including, for example, audio, photographs, illustrations, graphics, and other visuals and videos). All non-personally identifiable data, software, codes, data and materials on the Site is owned by YR. YR and DKNY each own their respective intellectual property and proprietary rights in these materials. When you use or download the Site you do not acquire any ownership of any such content, code, data or materials.

The Site is only for your personal, non-commercial use. You may not make any commercial use of the Site, or any content, code, data or materials on the Site, unless you have received our prior written permission.

Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. Doing so may violate or infringe copyright and other laws of the United States of America and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use. We will enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

TRADEMARKS

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of DKNY or its affiliates (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits DKNY or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our prior written permission. We will enforce our rights in our Trademarks to the fullest extent of the law, including by seeking criminal prosecution.

USER INFORMATION

When you use the Site, you may be asked to provide certain personal information to us ("USER INFORMATION"). OUR INFORMATION COLLECTION AND USE POLICIES WITH RESPECT SUCH USER INFORMATION ARE SET FORTH IN OUR PRIVACY POLICY, WHICH ARE PART OF THESE TERMS OF USE.

If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.

If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify DKNY immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. DKNY is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

USE OF THE PROPERTIES

You are responsible for your use of the Site and for any use of the Site made using your account.

Our goal is to create a positive and safe experience when you and others use the Site. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:

violate any law or regulation; violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights; transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate; make statements or post materials that are false or misleading; collect or store personal data about other users; send unsolicited or unauthorized advertising or commercial communications, such as spam; transmit any malicious or unsolicited software; stalk, harass, or harm another individual; impersonate or misrepresent your affiliation with someone else; use any means to "scrape," "crawl," or "spider" any web pages contained on the Site (although we may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and DKNY reserves the right to revoke these exceptions either generally or in specific cases); use automated methods to send more requests to DKNY servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or interfere with or disrupt the Properties.

TERMINATION

DKNY may change, suspend or discontinue any aspect of the Site or the Site’s services at any time. If you violate any of these Terms of Use, your permission to use the Site automatically terminates.

CHANGES TO TERMS OF USE

DKNY may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Site.

USER GENERATED CONTENT

As between you and us, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit, generate, or otherwise make available on or through the Site (collectively, "User Content"). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way you are not happy with.

USER CODE OF CONDUCT

Below are some basic rules and guidelines for creating your custom User Content:

1.Please create User Content that is wholly original and unique to you.

 

2.Do not generate any User Content that would be considered offensive, inappropriate or demeaning to others or to DKNY

 

3.Do not take any action that may expose, DKNY, YR, the Site or other users to any type of harm, including but not limited to use of data mining, robots or other data gathering methods, or the uploading of software viruses, or other code/malware designed to disrupt, damage, circumvent or modify the Properties. 

 

4.DKNY and YR has the right, but not the obligation, to prescreen, monitor, and prohibit User Content.

UTILIZING USER CONTENT

You grant DKNY and its affiliates, representatives and assigns the right to use any or all your User Content, anywhere in the world for an unlimited period of time, in connection with the Site for any commercial or non-commercial purposes. We may exercise these rights without notice to you and without paying any compensation to you. We may modify your User Content in our discretion. We are not required to host, display, or distribute your User Content and we may remove or edit it at any time. DKNY may cancel your account and delete all User Content associated with your account at any time, and without notice, if DKNY deems that you have violated these Terms of Use, the law, or for any other reason. DKNY assumes no liability for any information removed from the Site, and reserves the right to permanently restrict access to the Site or a user account.

USER PROMISES

You promise that: (a) you own or have acquired all of the rights in your User Content necessary for you to grant to DKNY the usage rights in your User Content as described in these Terms of Use; (b) you have paid and will pay in full any financial obligations, of any kind, arising from any use of your User Content; (c) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age in their territory where they can legally grant such permission themselves) who appears or is heard in your User Content to enable you to grant the rights to DKNY described in these Terms of Use; (d) you will make such permissions available to DKNY upon request; (e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) your User Content complies with these Terms of Use.

You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing promises and to make such records available to DKNY upon DKNY's request.

FEEDBACK

If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.

MONITORING AND MANAGING USER CONTENT

We may, but are not required to, monitor and review your User Content.

All opinions, remarks, comments, words, and phrases that you or other users of the Site you generate and/or post to Products do not represent the views of DKNY or YR or any of their respective individuals or affiliates or partners. In no event shall you represent or suggest (either directly or indirectly) that User Content is endorsed by DKNY or YR. DKNY does not endorse or control the User Content transmitted or posted on the Properties and therefore, we are not responsible for it. We do not guarantee the accuracy, integrity, or quality of User Content and User Content may not necessarily reflect the views of DKNY. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. We will not be liable to you in any way for any User Content for which we are not responsible, including, for example, for any errors or omissions in any User Content, or for any loss or damage of any kind experienced by you if you use or rely on any User Content made available via the Properties.

DIGITAL MILLENNIUM COPYRIGHT ACT

DKNY respects the intellectual property rights of others. Upon proper notice, DKNY will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, DKNY has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send DKNY’s copyright agent (listed below) a notification of claimed infringement with all of the following information:

a.identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

b.identification of the claimed infringing material and information reasonably sufficient to permit DKNY to locate the material on the Site;

c.information reasonably sufficient to permit DKNY to contact you, such as an address, telephone number, and, if available, an e-mail address;

d.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e.a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

f.your physical or electronic signature.

Please send all of the information listed above to the following DKNY copyright agent:

Jodi Sarowitz

Vice President, Legal Counsel

G-III Leather Fashions, Inc.

512 7th Avenue

New York, NY 10018

Tel: 212-768-5957

E-mail: ipenforcement@g-iii.com

Please do not send notices or inquiries unrelated to alleged copyright infringement to DKNY’s designated agent.

LINKING; THIRD PARTY WEBSITES

Please note that this section on Indemnification does not apply to consumers located in New Jersey.

You will fully compensate us and our directors, officers, members, managers, employees and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs and expenses incurred as a result of a claim made by a third party, including reasonable legal fees costs, arising from your misuse of the Properties or your breach or violation of law or these Terms of Use.

We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

This provision does not require you to indemnify DKNY for any unconscionable commercial practice by the third party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Properties.

INDEMNIFICATION

Please note that this section on Indemnification does not apply to consumers located in New Jersey.

You will fully compensate us and our directors, officers, members, managers, employees and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs and expenses incurred as a result of a claim made by a third party, including reasonable legal fees costs, arising from your misuse of the Properties or your breach or violation of law or these Terms of Use.

We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

This provision does not require you to indemnify DKNY for any unconscionable commercial practice by the third party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Properties.

AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

WE BOTH AGREE TO ARBITRATE: You and DKNY agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate DKNY’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances DKNY may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Properties, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in this Terms of Use, the rules set forth in this Terms of Use will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or DKNY must do the following things:

1.Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

2.Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111

3.Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs. Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and DKNY, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and DKNY.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and DKC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DKC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing DKC at legal@dkny.com and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Properties.

CHOICE OF LAW/FORUM SELECTION

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.

DISCLAIMER

PLEASE NOTE THAT THIS SECTION ON DISCLAIMER DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY. THE PROPERTIES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WE MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING: INFORMATION AND CONTENT AVAILABLE ON THE PROPERTIES; UPTIME OR UNINTERRUPTED ACCESS TO THE PROPERTIES; TITLE; NON-INFRINGEMENT; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS. WE ARE NOT RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PROPERTIES OR FROM DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PROPERTIES.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE PROPERTIES IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES.

THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

LIMITATION OF LIABILITY

PLEASE NOTE THAT THIS SECTION ON LIMITATION OF LIABILITY DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, NEITHER DKC NOR OUR AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE PROPERTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, WHERE NEGLIGENCE SUPPLIES THE STANDARD OF CULPABILITY) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE PROPERTIES EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

APPLICABLE LAWS

We make no representation that materials on the Site are appropriate, available or legal in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with applicable local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury. The validity and interpretation of these Terms and the legal relations of the parties to it shall be governed by the laws of the State of New York without regard to its conflict of laws principles.

MISCELLANEOUS

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. All rights not expressly granted herein are reserved. Both you and we acknowledge and agree that no partnership is formed and neither of you nor we has the power or the authority to obligate or bind the other. These Terms of Use constitute a binding agreement between you and us, and are accepted by you upon your use of the Site or your account. These Terms of Use constitute the entire agreement between you and DKNY regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Use.

Certain functionalities available on the Site may be covered by U.S. Patent No. 5,930,474.

We reserve the right to refuse service and/or terminate access to the Site without prior notice for any user who violates these policies.

TERMS OF SALE

PLEASE READ THESE TERMS OF SALE (THE “TERMS OF SALE”) CAREFULLY BEFORE PLACING AN ORDER WITH US FOR A PURCHASE OF A PRODUCT OR SERVICE. These Terms of Sale incorporate by reference the above Terms of Use and our Privacy Policy, and any capitalized terms in those agreements shall have the same meaning here. These Terms of Sale (together any other documents referred in these Terms of Sale) set out the legal terms that apply to your purchase of products via the Site from YR and their affiliates and the services provided by YR and its service providers.

Your purchase of any of the products offered on the Site (“Products”) is subject to these Terms of Sale and by placing an order for any Product you agree to be bound by them. Use of your personal information submitted to or via the Site is governed by our Privacy Policy.

From time to time we may update these Terms of Sale. Your use of the Site and purchase of any product after we post any changes constitutes your agreement to those changes. 

ORDERS FOR PRODUCTS AND SERVICES

You may only order products if you are 18 years old or older, for delivery within the United States. If you place an order, you promise that you are 18 years old or older. If you wish to purchase any product or service made available through the Properties, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to YR and its service providers, as applicable. You agree to pay all applicable taxes. If payment is not received by us or our service providers from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or our service providers.

You accept and agree that your use of the Properties is for your personal use only.

PRODUCT INFORMATION

We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter, and we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes.

ORDERING AND AVAILABILITY

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Place Order" button on the checkout page.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Place Order" button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between you and us in relation to the Product(s) ordered (“Contract”) will only be formed when we send you the Dispatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

The Contract will relate only to the Product(s) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.

DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Dispatch Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the delivery address you specify when placing your order.

If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, YR or its service providers will notify you before YR accept your order. YR reserve the right not to deliver to any country, including any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.

Products comprised within the same order cannot be delivered to different addresses.

Deliveries are made by YR’s courier and take place on Monday to Saturday (or other normal working week days in countries that do not follow a Monday-Friday working week), excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

RISK AND OWNERSHIP

The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

PRICE AND PAYMENT

The price of Products is as quoted on the Site from time to time.

Prices exclude delivery costs and taxes, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards and Pay Pal.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

RETURN OF PRODUCTS

The Products ordered on the Site are custom made for each user are therefore non-returnable. All sales of the Products are final.

FAULTY PRODUCTS

If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.