Terms of Sale
Last Updated: 10/10/2017
Please read these Terms of Sale carefully prior to making an online
purchase from David Yurman Enterprises LLC (“David Yurman,” “we,” “us”
or “our”) through our website. By purchasing items
through the Site, you agree to be bound by these Terms of Sale and
our TERMS
& CONDITIONS, which are incorporated by reference. If you do
not agree to all of the terms and conditions set forth in these Terms
of Sale, do not purchase any items through the Site.
We reserve the right to change or modify these Terms of Sale at any
time and in our sole discretion. If we make changes to these Terms of
Sale, we will post the amended Terms of Sale to the Site and update
the “Last Updated” date above. We encourage you to review these Terms
of Sale prior to making any purchase through the Site to ensure that
you understand the terms and conditions that apply to your
purchase.
1. Availability and Pricing
All items offered for sale through the Site are subject to
availability, and we reserve the right to impose quantity limits on
any order, reject all or any part of an order, and discontinue
offering items without prior notice, even if you have already placed
an order for an item. All prices are shown in U.S. dollars and
applicable Taxes (as defined below) and other charges, if any, are
additional. All prices are subject to change without notice.
In the event that an item you are interested in purchasing is not
listed on the Site or is listed as "Contact Us" on the Site,
it may not be available for ordering from our online inventory, but
may be available elsewhere in our retail stores. Please contact our
customer care team at 1-888-DYURMAN or email us at CUSTOMERCARE@DAVIDYURMAN.COM.
If the item is not available in retail stores, it is not currently
available for ordering. Please check back at a later time as our
inventory is subject to change.
2. Taxes
You are responsible for any sales, use, duty, or other governmental
taxes or fees (“Taxes”) due with respect to your purchase of items
through the Site. We will collect applicable Taxes if we determine we
have a duty to collect such Taxes. We will present an estimate of
Taxes to be collected at checkout, except where we have clearly stated
in writing that a price includes Taxes. The actual taxes charged may
be adjusted from the amount shown at checkout. Several factors may
cause this adjustment, such as variances between processor programs
and changes in rates of Taxes.
3. Payments
By providing a credit card or other payment method accepted by us,
you represent and warrant that you are authorized to use the
designated payment method and that you authorize us (or our
third-party payment processor) to charge your payment method for the
total amount of your order (including any applicable Taxes and other
charges). If the payment method cannot be verified, is invalid or is
otherwise not acceptable, your order may be suspended or cancelled.
You must resolve any problem we encounter in order to proceed with
your order. In the event you would like to change or update payment
information associated with your account on the Site, you can do so at
any time by logging into your account and editing your payment
information. If any of the items in your order are unavailable, we
will charge only the prices, Taxes and other applicable charges
associated with the items that are included in the shipment.
4. Shipping and Handling
You agree to pay any shipping and handling charges shown at the time
you make a purchase. We reserve the right to increase, decrease, add
or eliminate shipping and handling charges from time to time; however,
we will provide notice of the changes applicable to you before you
make your purchase. Any delivery dates or times shown as part of the
checkout process are estimates only and are not guaranteed. Unless we
state otherwise, risk of loss or damage to an item passes to you upon
delivery of the item to your specified delivery location.
If you have any questions regarding shipping, please contact us by
filling out the form on our EMAIL
US page. For more information about shipping and handling fees,
including international shipping, please see our SHIPPING
INFORMATION.
5. Returns, Exchanges and Refunds
We want you to be completely happy with the items you order from us.
If for any reason you are not satisfied with an item you purchase
through the Site, you may return such item (accompanied by your sales
receipt) within 14 days of the date on which the item was delivered to
you and elect to: (i) exchange the item for another item available for
purchase through the Site, (ii) receive a refund in the amount you
paid for the item, or (iii) receive a merchandise credit in the amount
you paid for the item that may be applied to your purchase of another
item through the Site. If you return an item to us after such 14-day
return period, but between 15 and 30 days of the date on which the
item was delivered to you, you may still return the item and elect
either to exchange the item for another item available for purchase
through the Site or to receive a merchandise credit in the amount you
paid for the item that may be applied to your purchase of another item
through the Site.
To return an item you purchased through the Site, please complete
the return section of the original packing slip enclosed with your
order and indicate the reason(s) for the return and whether you wish
to exchange the item or to receive a refund or merchandise credit in
the amount you paid for the item pursuant to these Terms of Sale. You
must enclose the completed return section of the original packing slip
in the package you send to us with the item you are returning. You may
ship your return to us using the complimentary return shipping label
provided with your order, which will ensure that your return is mailed
to the proper return address. If you decline to use the complimentary
return shipping label provided with your order, please ship your
return, prepaid and insured, to us at: DYE, 1250 Valley Brook Ave,
Receiving Gates 17 & 18, Lyndhurst, NJ 07071. Please allow 2-3
weeks for the processing of your return.
Alternatively, you may return an item purchased through the Site to
one of our David Yurman boutiques for an exchange, credit or refund
pursuant to these Terms of Sale. Please note that any item purchased
in a David Yurman boutique may be returned only to the boutique at
which such item was purchased and must be accompanied with your sales receipt.
Please note that all refunds will be issued to the original form of
payment, except that cash purchases will be refunded by a company
check from David Yurman. All items returned to us must be unaltered,
unworn and in saleable condition. In addition, all returned items must
include the original packaging in good condition and all associated
tags. Please note that used items are not eligible for return unless
such items are defective. Some exclusions may apply.
6. Price Adjustments
If the price of an item you purchase through the Site is reduced due
to such item becoming a permanent sale item within 10 days of the date
on which you purchased the item, you may contact us to receive a
one-time (single order) refund or price adjustment for the item
purchased. Such refund or price adjustment applies only to items that
become permanent sale items and excludes temporary special promotion
items. For questions regarding price adjustments or to submit a
request for a price adjustment, please contact us at 1-888-DYURMAN (1-888-398-7626).
7. Errors
We attempt to be as accurate as possible and to eliminate errors on
the Site; however, we do not represent or warrant that the
descriptions, pricing or other information on the Site is accurate,
complete, reliable, current or error-free. In the event of an error,
we reserve the right to correct such error and revise your order
accordingly (which includes charging the correct price) or to cancel
your order and refund any amount charged. Please note that:
· If the correct price of an item you purchase through the
Site is lower than our stated price, we will charge you the lower
amount when your order is shipped.
· If the correct price of an item you purchase through the
Site is higher than our stated price, we will, at our discretion,
contact you for instructions before shipping. If we are unable to
contact you after 15 days, we will cancel your order and notify you of
such cancellation.
8. Disclaimers; Limitation of Liability
Your use of items purchased through the Site is at your sole risk.
Such items are provided “as is” and “as available’ without
warranties of any kind, either express or implied, including, but
not limited to, implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement.
You understand and agree that, to the fullest extent permitted by
applicable law, David Yurman and its officers, directors, agents,
partners and employees (individually and collectively, the “David
Yurman Parties”) will not be liable to you under any theory of
liability—whether based in contract, tort, negligence or
otherwise—for any indirect, consequential, incidental, or
special damages or lost profits that may be incurred by you, arising
out of or in any way connected to these Terms of Sale or the use of,
or inability to use, any items purchased through the Site,
including, without limitation, any damages caused by or resulting
from reliance by you on any information or items obtained from us,
whether or not David Yurman or another David Yurman Party has been
advised or should have been aware of the possibility of any such
losses. You understand and agree that, to the fullest extent
permitted by applicable law, the David Yurman Parties’ total
liability in connection with the items purchased through the Site
and these Terms of Sale will not exceed the amount you actually paid
to David Yurman for such items purchased.
The limitations set forth in this section will not limit or exclude
liability for personal injury or property damage directly and
proximately caused by items you purchased from us through the Site
or for the gross negligence, fraud or intentional misconduct of any
David Yurman Parties, or for any other matters in which liability
cannot be excluded or limited under applicable law.
9. Dispute Resolution; Binding Arbitration
INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING TO
THESE TERMS OF SALE, YOUR PURCHASE OF AN ITEM THROUGH THE SITE OR
ITEMS PURCHASED FROM US WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION
IN NEW YORK, NEW YORK.
ANY ARBITRATION UNDER THESE TERMS OF SALE WILL BE CONDUCTED UNDER
THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THESE
RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT BECAUSE, AMONG OTHER
REASONS, THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED.
AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER, AND
MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF SALE AS A
COURT WOULD.
THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A
JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW.
ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS. THE
ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME REMEDIES
AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE INDIVIDUALIZED TO YOU
AND WILL NOT AFFECT ANY OTHER CUSTOMER.
YOU AND DAVID YURMAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL
CAPACITIES AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY,
TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION
ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO
ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT
OR CONSOLIDATED ARBITRATION OF ANY KIND.
10. Governing Law
These Terms of Sale and your purchase of items through the Site will
be governed by and construed in accordance with the laws of the State
of New York, without regard to conflict of law principles. You hereby
irrevocably consent to the jurisdiction and venue of the federal and
state courts located in New York, New York with respect to any dispute
related to these Terms of Sale or your purchase of an item through the
Site that is not subject to arbitration under these Terms of
Sale.
11. Severability
If any provision or part of a provision of these Terms of Sale is
unlawful, void or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Sale and does not
affect the validity and enforceability of any remaining
provisions.
12. Questions
If you have any questions regarding
these Terms of Sale, please contact us by filling out the form on
our EMAIL US page.
User Generated Content Terms and Conditions
Effective Date: August 1, 2021
David Yurman Enterprises LLC and/or its affiliates (collectively,
“David Yurman”) owns, operates and/or sponsors davidyurman.com,
various websites and microsites, social media (Facebook, Instagram,
Snapchat, Twitter, YouTube, LinkedIn, TikTok, and others), and other
internet properties that permit users (“you” or “User”) to submit,
upload, or publish various types of content (collectively, “David
Yurman Web Properties”).
David Yurman engages a limited number of service providers to
facilitate the collection and transmission of User Content (as defined
below) to and from David Yurman Web Properties for use by David Yurman
in connection with its business, including David Yurman’s product
feature, marketing, promotional activities, advertising and other
consumer-related activities (the “DY Services").
David Yurman and the DY Services may reach out to Users to seek
their permission to feature their User Content on our various sites,
social media channels, and/or promotional materials. By responding
with the hashtag #DYApproved, you grant David Yurman permission to use
your User Content and you represent and warrant that you have read,
understood and agreed to these User Generated Content Terms and
Conditions (“UGC Terms”) and David Yurman’s Online Privacy Notice
(“David Yurman Privacy Policy").
David Yurman reserves the right to alter these UGC Terms without
advance notice by posting revised UGC Terms. Accordingly, you should
review the UGC Terms each time you grant permission or authorization
to feature your User Content.
Guidelines
When you transmit, upload, post, e-mail or otherwise make available
data, text, software, music, audio, photographs, graphics, images,
videos, messages, or other materials, including without limitation
your name, location information, social media handle, and profile
photos ("User Content") on or to any David Yurman Web
Property, you are entirely responsible for such User Content. This
means that you, and not David Yurman, are entirely responsible for all
User Content that you post to any David Yurman Web Property. By using
the David Yurman Web Properties, you acknowledge that the views and
opinions that may be expressed do not necessarily represent the
opinions of David Yurman. You agree not to engage in, or assist or
encourage others to engage in, transmitting, uploading, posting,
e-mailing or otherwise making available on any David Yurman Web
Property any User Content that: is, or which encourages activity or
conduct that is, unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, pornographic, libelous,
invasive of another’s privacy, hateful or otherwise objectionable; is
known by you to be false, inaccurate or misleading; you were
compensated for in any way by any third party; contains restricted or
hidden content; or infringes any patent, trademark copyright, trade
secret, right of publicity, or other proprietary rights of any party.
David Yurman reserves the right to remove, modify and/or block any
offensive or inappropriate content that may violate the rights of
others, or violate any of the David Yurman Web Properties’ terms of
use. You acknowledge that David Yurman has the right, though not the
obligation, in its sole discretion to refuse to post or to remove any
User Content.
You understand that by using the David Yurman Web Properties, you
may be exposed to User Content that is offensive, indecent or
objectionable to you. Under no circumstances will David Yurman be
liable in any way for any User Content, including, without limitation,
for any errors or omissions in any User Content, or for any loss or
damage of any kind incurred by any person in connection with any User Content.
Without limiting the generality of the foregoing or any other
provision of these UGC Terms, David Yurman reserves the right to
terminate access to submit User Content to David Yurman Web Properties
without prior notice for any user who violates these UGC Terms and
infringes the rights of others. Please note that any such termination
will not affect your ability to make purchases, returns, or otherwise
interact with the services David Yurman provides.
Privacy Policy
All users of David Yurman Web Properties agree that their access to,
and use of, any David Yurman Web Property is subject to these UGC
Terms, the David Yurman’s Privacy Policy (which can be found here),
and all applicable laws, and that any such access or use is undertaken
at the user's own risk.
The User Content that you submit will be treated as non-confidential
and non-proprietary, and David Yurman has no obligation to maintain
the confidentiality of any information, in whatever form, contained in
any submission, except pursuant to David Yurman’s Privacy Policy. By
using David Yurman Web Properties or the DY Services, you consent to
the collection of any personal information you provide for use and
disclosure in connection with David Yurman’s use of your User Content
as described in these UGC Terms.
User Content License
In consideration of the opportunity for your User Content to be
featured on David Yurman Web Properties and for other good and
valuable consideration, the receipt and sufficiency of which hereby is
acknowledged, you agree that by uploading, posting, e-mailing or
otherwise submitting User Content to any of the David Yurman Web
Properties and responding with #DYApproved, you grant to David Yurman
and its partners, contractors, subcontractors, consultants, agents,
representatives, successors and assigns (collectively, the “Licensed
Parties”), an irrevocable, perpetual, non-exclusive, royalty-free,
worldwide license to use, telecast, copy, perform, display, transmit,
reproduce, edit, distribute, copy, edit, change, modify, add to,
subtract from and otherwise exploit the User Content, or any portion
thereof, in any manner (including without limitation for promotional
and advertising purposes) and in any and all media now known or
hereafter devised, and to prepare derivative works of, or incorporate
into other works, such User Content, and to grant and authorize
sublicenses of the foregoing without any compensation to you or to any
third party. You waive any rights you have in having the material
altered or changed in a manner not agreeable to you.
You grant the Licensed Parties the right to use your username, real
name, image, likeness, descriptions of you, location or other
identifying information, including but not limited to your voice,
solely in connection with the use of your User Content. You further
agree that the Licensed Parties have no obligation to use your User
Content, name or other identifying information. You hereby release,
discharge and agree to hold the Licensed Parties harmless from any
liability related to the Licensed Parties’ use of your User Content.
You acknowledge that your User Content will not be returned and that
the Licensed Parties reserve the right to cease use of any User
Content at their sole discretion. You grant David Yurman the right to
use your User Content, and any ideas, concepts or know-how contained
therein, without attribution or payment of any form of consideration,
for any purpose including, without limitation, marketing, promotional
activities, advertising, or for publicity, trade or commercial purposes.
Representations and Warranties
By responding with #DYApproved and granting permission to use your
User Content, you hereby represent and warrant that:
- You are at least eighteen
(18) years of age and/or of legal age in the jurisdiction in which
you reside;
- You own or otherwise control the rights to the
User Content and it is your original creation, has not been copied,
recreated, reproduced, previously published, derived from, or
otherwise taken in whole or in part from any other work;
- You have all necessary rights and authority to grant the rights
herein, and that David Yurman’s use of your User Content in
accordance with this release will not violate the intellectual
property, privacy or publicity rights, or any other legal or moral
rights of any third party;
- You have obtained written
permission from any individual(s) appearing in your User Content to
grant the rights described in these UGC Terms and you shall promptly
provide such documentation to David Yurman upon request;
- The User Content complies with these UGC Terms and does not
violate any applicable laws or regulations;
- You agree to
indemnify the Licensed Parties for all claims arising from or in
connection with your User Content;
- You further agree to
indemnify and hold David Yurman and its officers, directors, and
employees (collectively, the "Releasees") harmless from
any and all claims by any third party against any of the Releasees
(and related damages, expenses, costs (including reasonable
attorney’s fees), liabilities, verdicts, judgments and settlements)
arising out of use of your User Content or any breach of these
representations or warranties; and
- Upon responding with
#DYApproved, you hereby release the Releasees from, and irrevocably
waive, any and all claims that the Licensed Party’s use of your User
Content in accordance with these UGC Terms infringes or violates any
of your rights in any way whatsoever.
Intellectual Property
David Yurman respects the copyrights of others and we require all
users to do the same. If you believe in good faith that your
copyrighted work has been reproduced on our site without authorization
in a way that constitutes copyright infringement, you may notify our
legal department either by mail to David Yurman IP LLC, c/o Legal
Department, 24 Vestry St. New York, NY 10013 or to
legal@davidyurman.com. This contact information is only for suspected
copyright infringement. Contact information for other matters is
provided elsewhere on the David Yurman Sites and can be found on
www.davidyurman.com. Any personal information you provide in your
e-mail will be used only for purposes related to your e-mail.
Miscellaneous
Instagram™, Twitter™, Facebook™, YouTube™ and other similar social
media forums are registered trademarks of their respective companies
and not affiliated with David Yurman Enterprises LLC or
davidyurman.com. Any submission via these or other similar social
media sites are subject to all rules and regulations of such sites. If
you choose to submit User Content via mobile phone, standard data
rates may apply. Publicly accessible User Content is governed by the
terms and conditions of the respective social media platform where
said User Content has been posted.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
NEITHER DAVID YURMAN NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING OR DELIVERING THE DAVID YURMAN WEB PROPERTIES IS LIABLE FOR
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE
OF, ANY DAVID YURMAN WEB PROPERTY, EVEN IF DAVID YURMAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE
FOREGOING, EVERYTHING ON THE DAVID YURMAN WEB PROPERTIES IS PROVIDED
TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You agree not to post any content or mechanism that attempts to gain
access to restricted areas of any of David Yurman Web Properties,
collect or solicit passwords or personal information from other users,
or engage in commercial activities via any of the David Yurman Web Properties.
In addition, you agree not to transmit, upload, post, e-mail, or
otherwise make available any software viruses, unsolicited or
unauthorized advertising, solicitation or promotional material,
including chain letters, mass mailings, or any form of spam. You
further agree not to: impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with any person or
entity; intentionally or unintentionally violate any applicable local,
state, national or international law; or collect or store personally
identifiable data about other users.
While David Yurman strives to make the David Yurman Web Properties
safe and positive places, they remain public forums, and other users
may attempt to obtain personal information about you in order to
harass or injure you. By using the David Yurman Web Properties, you
acknowledge and agree that David Yurman is not responsible for others'
misuse of information publicly disclosed on any David Yurman Web
Property. Please carefully select the type of information that you
post or share, and report any abuses to us by contacting customercare@davidyurman.com.