Last modified: October 1, 2015
Welcome to the Charles & Perry website (“the Site,” “we,” “us,” or “our”). Charles & Perry provides this Site as a service to its customers. Please read the following terms of service, as well as any other terms, guidelines or rules that they expressly incorporate by reference (collectively, the “Terms”) as they govern your use of our Site. By using this Site, you agree to follow and be bound by these Terms. If you do not agree to these Terms, please do not use this Site in any way.
Additionally, Charles & Perry reserves the right to modify these Terms at any time without prior notification and in our sole discretion. Such modifications are effective at the time they are posted on the Site. Please review this page periodically for modifications as any use of our Site at any time after such modifications are effective constitutes full acceptance of such modifications.
The Site and all of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and /or other intellectual property rights or licenses held by Charles & Perry its licensors or other providers of such material. Charles & Perry grants you a limited license to access and make use of the content on the Site solely for your personal, noncommercial use.
All trademarks, service marks, and trade names (collectively, the “Marks”) that appear on this Site are proprietary to Charles & Perry or the other respective owners of such Marks. You may not use the Marks in any manner without the prior written consent of Charles & Perry.
Use of the Site is free. However, use of the Site is not available to individuals under the age of 18 or to those who, at our discretion, have been suspended or removed from the Charles & Perry systems. Users agree to all of the Terms and must only use the Site if eligible.
At Charles & Perry, we are committed to providing our customers with premium products. Our products are sold at limited quantities and availabilities. We have done our best to display our items as accurately as possible on the Site. Please be aware that variations in style, color, size, shape and look may occur. If you are not satisfied with your purchase, please review our Returns & Exchanges section, the terms of which are hereby incorporated into these Terms, for further assistance.
All orders will be subject to our Shipping Policy, the terms of which are hereby incorporated into these Terms.
You cannot access or use the Site for any illegal or unauthorized purpose. Harassment in any manner or form on the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. It is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Also, you agree that no comments or other user submissions submitted by you to the Site will violate any rights of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
Charles & Perry strives to create an interactive relationship with the users of its Site. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Charles & Perry on this Site shall be considered non-proprietary. Users grant Charles & Perry the right to unlimited use, commercial or otherwise, of any such comments. Furthermore, Charles & Perry shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.
Charles & Perry has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Charles & Perry has no obligation to display or post any content.
Correction of Site Errors/Modification of Site
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
By use of this Site, you agree to defend, indemnify and hold Charles & Perry, its affiliates, licensors and service providers (and its and their respective officers, directors, employees, owners, contractors, agents, licensors, suppliers, successors and assigns), harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees), arising out of or resulting from your violation of these Terms or any activity related to your account (including negligent or wrongful conduct).
Termination of Site
In the event of termination of your access to the Site or of the Site, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Charles & Perry shall not be liable to you or any third-party for any termination of your access to the Site or of the Site.
Third Party Links
To improve our Site, Charles & Perry may use and promote services provided by third parties. However, even if the third party is affiliated with Charles & Perry, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are provided only for your convenience and therefore you access them at your own risk.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH THIRD PARTY WEBSITE.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTIES OF ANY KIND. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, CHARLES & PERRY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE SITE IS AT THE USER’S OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT WILL CHARLES & PERRY OR ITS LICENSORS, SERVICE PROVIDERS, OWNERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY LEGAL THEORY WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY LINKED SITE, ANY CONTENT ON THE SITE OR ANY LINKED SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE OR ANY LINKED SITE AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.