Terms & Conditions
Please read these Terms & Conditions ("Terms") carefully. This website ("Site") includes the website located at www.chelseaandwalker.com and any other website or service of Chelsea and Walker or its subsidiaries and affiliated entities. CHELSEA AND WALKER PROVIDES THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively "You"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN CHELSEA AND WALKER AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
- These Terms shall apply to any order placed from an available international country. By accessing, browsing, using, viewing, reading, printing, or downloading any material from the Site, or registering with the Site, You represent and warrant that You have read, understood and You agree to be legally bound by these Terms
Chelsea and Walker may change or modify these Terms or any policy or guideline of this Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.
CHOICE OF LAW/JURISDICTION
These Terms supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws and any conflict shall be resolved exclusively in the state and federal courts sitting in New York in the state of New York, United States of America. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE SERVICE PROVIDER TERMS MUST BE ASSERTED INDIVIDUALLY.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 shall remain in full force and effect.
SUBMISSIONS BY YOU
All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, reviews or other materials ("Material") on the Site shall be and remain the property of Chelsea and Walker or its respective owners. Chelsea and Walker may amend these Terms at any time by posting the amended terms on this Site.
You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by Chelsea and Walker will infringe or violate any rights of any third party. You agree to defend, indemnify and hold Chelsea and Walker and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the "Affiliates") harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys‘ fees and legal costs) arising from or in connection with any Material posted or submitted by You. Chelsea and Walker reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to Chelsea and Walker on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively "Comments") shall be and remain Chelsea and Walker's property. Any such disclosure or submission of Comments shall constitute an assignment to Chelsea and Walker of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Chelsea and Walker will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Chelsea and Walker is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.
CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Site. You acknowledge and agree that Chelsea and Walker is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Chelsea and Walker will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
CHELSEA AND WALKER PRODUCTS
The Chelsea and Walker products displayed on this Site may be available through this Site or at select Chelsea and Walker retail stores in the United States of America and foreign markets. However, Chelsea and Walker cannot guarantee that the products appearing on this Site will be available through this Site or at every authorized Chelsea and Walker retailer; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by Chelsea and Walker at any time without notice. For all customers, prices displayed on the Site are quoted in U.S. Dollars. Chelsea and Walker will display colors of products as accurately as possible, however Chelsea and Walker cannot guarantee that Your monitor will display the correct colors. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered herein.
Products offered for sale on this Site are for Your personal use only, not for re-sale. Chelsea and Walker reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms, Chelsea and Walker business practices, applicable laws or policies.
Please contact Chelsea and Walker at www.chelseaandwalker.com or 212.716.1600 in the United States five days per week, 9 A.M. – 6 P.M. EST Monday through Friday, except when closed in observance of the following holidays: New Year’s Day, Chinese New Year, President’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Christmas Eve Day and Christmas Day. If You need assistance with ordering products on this Site.
INTELLECTUAL PROPERTY RIGHTS
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit or create derivative works of the Materials or the Site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. All Materials and content on this Site are the exclusive property of Chelsea and Walker and protected by U.S. and international copyright laws.
"Chelsea and Walker Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, graphics and other designations Chelsea and Walker uses in connection with its products and services. You may not remove or alter any Chelsea and Walker Trademarks, or use the Chelsea and Walker Trademarks, without Chelsea and Walker's prior written consent. You acknowledge Chelsea and Walker's rights in Chelsea and Walker Trademarks and agree that any use of Chelsea and Walker Trademarks by You shall inure to Chelsea and Walker's sole benefit.
DISCLAIMER OF WARRANTIES
THIS SITE AND ITS MATERIAL ARE PROVIDED "AS IS" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CHELSEA AND WALKER DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND CHELSEA AND WALKER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CHELSEA AND WALKER BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT CHELSEA AND WALKER OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.
You agree to defend, indemnify and hold Chelsea and Walker harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with Your use or misuse of this Site and the Material or Your violation of any provision of these Terms.
Terms & Conditions: http://www.fedex.com/ag/services/terms.html
Chelsea and Walker controls and operates the Site from the United States, and all information is processed within the United States. Chelsea and Walker does not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with Your use of the Site. By visiting and using the Site, You acknowledge these restrictions and agree that either You are not subject to them or You will comply with all applicable laws regarding the transmission of technical data exported from the United States.
Without prejudice of the liability provisions as stated in the Terms above, You recognize and agree that Chelsea and Walker shall in no event be liable in case of a failure to deliver the product(s), torn package(s) or any other cause beyond the control of Chelsea and Walker, which would remain the sole responsibility of FedEx.
EXCHANGE RATES, DUTIES AND TAXES
Duties and taxes are set by the destination country customs authorities, on the basis of the following parameters:
- The country of origin (manufacturing) of the products being purchased.
- The classification of such products in accordance with a harmonized system adopted and used by the countries that FedEx supports.
- International taxes, such as Value Added Tax (VAT) are set by the destination country.
International taxes, tariffs and value-added tax (VAT) are calculated into your final order total during checkout and can be viewed under the heading, "Duties & Taxes." Then, the guaranteed amount to be paid will be indicated at checkout.
Your account is billed by FedEx when your package is shipped to its final destination.
For more information, please contact Chelsea and Walker via email email@example.com or by phone at 1-212-716-1600 in the United States seven days per week, 9:00 A.M. – 6:00 P.M. EST Monday through Friday, except when closed in observance of the following holidays: New Year’s Day, Chinese New Year, President’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Christmas Eve Day and Christmas Day.
For any order under these Terms, the language available for the conclusion of a contract is English only, which language shall be controlling in all respects. Furthermore, all communications and notices made or given pursuant to an International order shall be in the English language exclusively.
Chelsea and Walker is committed to making our website accessible to all of our customers. Chelsea and Walker strives to constantly improve website accessibility and welcomes your feedback. If You encounter any concerns when accessing the website, please contact our guest services department at 1-212-716-1600.