The following Terms & Conditions and any other rules posted on our Site (collectively the “T & C”) constitute an agreement between EDITORIALIST YX LLC (“EDITORIALIST”, “we”, “our”, “us”) and you, the visitor, governing your access and use of all content and functionalities available at the EDITORIALIST website, related micro- sites accessed through the URL www.Editorialist.com, related domain names, and any other website or micro-site of EDITORIALIST (collectively the “Site”).
By visiting the Site, you are accepting and consenting to the practices described in the T&C We may modify the T&C from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified T&C.
Please read the T&C and check back often. If you do not agree to any change to the T&C, then you must immediately stop using the Site.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customercare@Editorialist.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify EDITORIALIST immediately of any breach of security or unauthorized use of your account. Although EDITORIALIST will not be liable for your losses caused by any unauthorized use of your account, you may be liable for EDITORIALIST’s losses or others due to such unauthorized use.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through EDITORIALIST YX LLC (“EDITORIALIST”) is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the EDITORIALIST terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to EDITORIALIST, and who have authorized EDITORIALIST to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. EDITORIALIST reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where EDITORIALIST feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Additionally, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
EDITORIALIST offers products for sale that are in stock and available for dispatch from our distribution center[s]. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to EDITORIALIST. EDITORIALIST will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at EDITORIALIST. Alternatively, you may simply choose to register your email address with our Concierge for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have emailed the Concierge for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
EDITORIALIST will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State. No other tax or import duty will be applied to orders shipped within the USA.
All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from UPS or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
EDITORIALIST is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your EDITORIALIST account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and EDITORIALIST will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of New York, USA, and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, American Express, Visa Debit, and any other methods which may be clearly advertised on the site from time to time. Payment will be debited and cleared from your account upon completion of the packing of your order by Editorialist. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to EDITORIALIST, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don’t have an item that you have ordered in stock, we’ll notify you by email immediately.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered EDITORIALIST user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure EDITORIALIST uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Editorialist Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
1. No fees are imposed on Editorialist Gift Cards and they do not expire.
2. Gift Cards can be redeemed against all products on the www.Editorialist.com AM site.
3. Gift Cards are non transferable and may not be returned or redeemed for cash (except as required by law).
4. If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.
5. If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
6. If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
7. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
8. Editorialist is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address, this is the sole responsibility of the purchaser.
9. Editorialist is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
10. Editorialist reserves the right to cancel a Gift Card if we deem such action necessary.
11. Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.
12. Sales tax and shipping is applicable on any products purchased with a Editorialist Gift Card.
13. Shipping is applicable on Printed Gift Cards.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
INSURANCE AND DELIVERY
EDITORIALIST insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by EDITORIALIST, and transfer of responsibility in the same way.
The signature can be waived for domestic orders dispatched via UPS. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that EDITORIALIST can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize EDITORIALIST to leave the package(s) at the shipping address without obtaining a signature and release and indemnify EDITORIALIST from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, EDITORIALIST are not responsible for any delays caused by destination customs clearance processes.
RETURNS AND EXCHANGES
Editorialist accepts returns within 14 days of receiving goods. Returns only accepted of unworn items. All items must be returned in the same condition in which they were sent.
Merchandise returned without the attached security tag will not qualify for refund.
Fine Jewelry returns over $5,000.00 are refunded as boutique credit, only, and must be returned within ten days of purchase.
Footwear must include the original shoe box, in it’s original condition. All shoes must be tried on a carpeted surface.
Shipping charges are non-refundable.
Final Sale Items may not be returned. All items on sale for 50% or more are final sale.
Please note you can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including EDITORIALIST Software and all HTML and other code contained in this Site, shall remain at all times vested in EDITORIALIST and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by EDITORIALIST and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, “Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. EDITORIALIST tries to ensure that the information on this site is accurate and complete. EDITORIALIST does not warrant or represent that EDITORIALIST’s Content is accurate, error-free or reliable or that your use of EDITORIALIST’s Content will not infringe rights of third parties. Your use of the Web Site is at your risk. EDITORIALIST does not warrant that the functional aspects of the Web Site or EDITORIALIST’s Content will be error free or that this Web Site, EDITORIALIST Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or EDITORIALIST’s Content results in the need for servicing or replacing property, material, equipment or data, EDITORIALIST is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. EDITORIALIST and its suppliers make no warranties about EDITORIALIST Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. EDITORIALIST reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that EDITORIALIST is not liable to you or any third party for any such withdrawal.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of EDITORIALIST and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than EDITORIALIST, including advertisers. EDITORIALIST has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While EDITORIALIST will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of New York.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless EDITORIALIST immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent as follows:
EDITORIALIST YX LLC
344 West 38th Street, 205
New York, NY 10018
GENERAL LEGAL TERMS
(a) Complete Terms: The TOS constitute the whole legal agreement between you and EDITORIALIST and govern your use of the Services and completely replace any prior agreements between you and EDITORIALIST in relation to the Services. Notwithstanding the foregoing, you understand that EDITORIALIST may make changes to the TOS from time to time. When these changes are made, EDITORIALIST will make a new copy of the TOS available at http://www.Editorialist.com. You agree that EDITORIALIST is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
(b) Modifications to the Services: EDITORIALIST is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which EDITORIALIST provides may change from time to time without prior notice to you. You further acknowledge and agree that EDITORIALIST may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at EDITORIALIST’s sole discretion, without prior notice to you.
(c) Confidentiality: You understand that EDITORIALIST grants the operators of public search engines permission to use spiders to copy 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. EDITORIALIST reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that EDITORIALIST has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which EDITORIALIST may suffer) of any such breach.
(e) Rights Not Waived: You agree that if EDITORIALIST does not exercise or enforce any legal right or remedy which is contained in the TOS (or which EDITORIALIST has the benefit of under any applicable law), this will not be taken to be a formal waiver of EDITORIALIST’s rights and that those rights or remedies will still be available to EDITORIALIST.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
(g) Governing Law: The TOS, and your relationship with EDITORIALIST under the TOS, shall be governed by the laws of the State of New York. You and EDITORIALIST agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(h) Violation of TOS: Please report any violations of the TOS by emailing customercare@Editorialist.com.
(i) Independent Relationship: You and EDITORIALIST are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and EDITORIALIST. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.