THE TERMS OF THIS AGREEMENT (“AGREEMENT”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF WORTHNEWYORK.COM, WBYWORTH.COM, AND WORTHLTD.COM (THE “SITE”). BY ACCESSING OR USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.
USE OF THE SITE
Worth reserves the right to modify, suspend, or discontinue the Site, services offered, or any part thereof at any time with or without notice to you. You agree that Worth will not be liable to you or to any third party for any modification, suspension or discontinuation of the Site or services offered.
- You may establish an account in order to make a purchase from the Site. You may establish an account if you are (i) at least 18 years of age, (ii) located within the United States when you use the Site; (iii) able to form legally binding agreements; and (iv) qualified to make your own financial decisions. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form.
- You may terminate your account at any time by contacting our Sales Support Department at 317-581-7370 or email: firstname.lastname@example.org. If you terminate your account, you are still responsible for payment of any outstanding orders that you made through your account prior to termination.
RESPONSIBILITY FOR ACCOUNT ACCESS
- You too will be responsible for maintaining the confidentiality of your account information, including your login information and password and are fully responsible for all activities, including purchases that occur through your account. You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account. The Site is not liable for any loss or damage arising from your failure to comply with these requirements.
PRODUCTS AND PRICING
All products listed on the Site (“Products”), their information, and their prices are each subject to change. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees and any applicable taxes. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. Your order is not accepted until it is shipped (or a portion of the order is shipped). You agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order. The inclusion of any products [or services] on the Site does not guarantee that the products [or services] will be available.
Some items on our Site have a manufacturer's warranty; this is noted in the product description. To obtain a written warranty for any of these items, send a specific written request to:
The Worth Collection, LTD.
Customer Relations Department
280 E 96th St., Suite 320
Indianapolis, IN 46240
COPYRIGHTS AND TRADEMARKS
You acknowledge and agree that all intellectual property rights, including but not limited to copyrights, patents, trademarks and trade secrets related to the Site are owned by The Worth Collection, Ltd. or are licensed by The Worth Collection, Ltd. from a third party.
The following elements of this Site are the property of Worth or our suppliers and are protected by United States and international copyright laws:
- All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations -- both individually and as they are compiled on the site.
- All software.
- All trademarks, trade names, designs, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of worthnewyork or the relevant third party.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORTH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE SITE CONTENT OR ANY RELATED SERVICES, THE PRODUCTS, OR THIRD PARTY SITES (EVEN IF WORTH) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
You agree to indemnify and hold worthnewyork.com, wbyworth.com, worthltd.com, Worth, its parents, subsidiaries, affiliates, any related companies, its suppliers and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party arising out of (i) your use of the Site or the Products or (ii) your violation of this Agreement. Worth reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Worth.
You have permission to electronically copy and print hard copies of pages from this Site solely for personal, non-commercial purposes related to placing an order or shopping on the Site. Unless we give you written permission in advance, any other use of this Site, its content and its information, including linking or framing to this Site, is strictly prohibited.
ERRORS AND INACCURACIES
Our goal is to provide complete, accurate, up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
DISCLAIMER OF LIABILITY
Except as otherwise set forth in this Agreement, we make no representations or warranties of any kind, whether express or implied, with respect to this Site, its content, or the information available on or through it or the products [and services] sold through the Site; they are provided "as is," with all faults.
Except as otherwise provided under applicable laws, we, and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this Site or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
By visiting this Site, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us or any of our affiliates.
Any dispute relating in any way to your visit to our Site or to products purchased here shall be submitted to confidential arbitration in New York City, NY. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. 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, no arbitration with respect to this Site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
SHIPPING YOUR ONLINE ORDER
Delivery & Processing Charges (D&P)
D&P is the charge for catalog and internet order processing, item selection, packaging, processing, transport and handling. Special delivery requests, including specification of carrier and/or future delivery dates, may include additional charges. Delivery times are not guaranteed, notwithstanding additional charges, but our best approximation and will vary with specific requests, such as gift box, gift wrap and monogramming. Shipments and deliveries occur only on weekdays. D&P is subject to change and will be determined at time of order. Any delivery dates provided by us are estimates and we reserve the right to make deliveries in installments. We will send you an email when your order has shipped and you may review your order and shipping information on your Account. Please note that currently we only ship to the United States.
RETURNS & EXCHANGES
We want you to be satisfied with your order. Worth stands behind its product. Unless a product is sold as Final Sale, if for any reason you are not satisfied, we will accept your return of merchandise within 30 days from the date the item is shipped to you. We have created a very easy return procedure in order to make your online shopping experience pleasant, even when you are not fully satisfied with your purchase. All returns must be in saleable condition and include the original packaging with tags attached. The following are acceptable conditions of the item(s) returning:
All return credits are processed back to the method of payment used on the original order. To receive credit or refund, items must be returned within 30 days of delivery. Only merchandise purchased from www.worthnewyork.com and www.wbyworth.com can be accepted through this process. Online purchases may not be returned or exchanged at the Worth outlet store. We reserve the right to refuse returns that are shipped after the 30-day grace period has expired or items that are not in the same condition you received them in. Refer to worthnewyork.com or wbyworth.com for return instructions.
We do not offer exchanges or exchanges for a different size. You may return the originally ordered item and place a new order for the correct item and/or size.
We do not offer price adjustments at this time. While we use reasonable efforts to provide accurate prices on our website, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or cancelling it. If we were unable to contact you with the information provided, we reserve the right to cancel the order.
Payment Methods the Site accepts the following payment methods for online purchases:
- American Express
Questions? Please contact us with any questions by e-mail: email@example.com
PROTECTING YOUR FINANCIAL INFORMATION
Your online transactions are secure with the Site. We use Secure Socket Layering (SSL), the industry-standard encryption technology that ensures safe Internet transmission and payment information.
Sales tax is automatically applied to your Site order in accordance with individual state and local regulations, according to your shipping address.
ORDER STATUS & HISTORY
We will send updates regarding the status of your order, including when your item(s) ship, to the e-mail address you provided when ordering. You may also click Sign In to access web order status and history.