Last revised: 2020-08-14T08:35:28+0000
Last Revised: November 29, 2018
Welcome to www.enzocustom.com, the website (“Site”) of Enzo Clothiers New York, LLC, a New York limited liability company, hereinafter sometimes also referred to as “Enzo”, “we”, “us”, or “our”.
IMPORTANT: PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (THESE “TERMS”), CAREFULLY. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE (BUT ARE NOT LIMITED TO) VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
These Terms include not only the following Terms and Conditions of Service, but also incorporate by reference all policies, guidelines, special or supplement terms and conditions of use or service posted by us on the website located at www.enzocustom.com, any of its subdomains or any mobile application which may be licensed by us to you (“Site”) from time to time(as such terms and conditions of use, policies, notices, guidelines, special, supplemental terms and conditions of use or service may be amended, modified, supplement or restated by Enzo from time to time).
Additionally, our Notice of Privacy Practices (“Privacy Notice”) below informs you of Enzo’s collection and use of your information, including your Personal Information as defined in the Privacy Notice, in relation to your use of our Site and/or other related products or services we may make available to you via or in relation to your use of the Site (collectively, “Services”).
Any person who accesses this Site but does not successfully register to become an Enzo Customer is referred to in these Terms as a “Visitor.” Persons who access this Site and successfully register to become an Enzo Customer are referred to as a Customer. Visitors and Customers are also referred to in these Terms as “You”, “you”, “Your”, or “your.”
Your access to and use of this Site or any Services offered on or through this Site is subject to and conditioned upon your acceptance of and your full compliance with these Terms. The Terms is a legally binding agreement, which governs your access to and use of this Site, including any content, feature, functionality or service at any time or from time to time, offered or provided on or through this Site, whether you are simply a Visitor to this Site or an Enzo Customer. By accessing, browsing, submitting any information, to or through, or otherwise in any manner using the Site, and linking to these Terms or by accessing, submitting any information to or through, or otherwise in any manner using any service offered on or though this Site, You acknowledge that you have read and understand, and agree to be bound by and to comply with all of these Terms. If you do not agree to all of these Terms without any modification by you, you are not authorized to and must not access or use this Site or any feature, functionality or service offered on or though this Site.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. If you do not agree to any of these Terms, you have no right to and may not obtain information from or otherwise continue using the Site. Failure to use the Site in compliance with these Terms may subject you to civil penalties.
We reserve the right at any time or from time to time, to update, modify, revise, amend, supplement, restate, or terminate these Terms or any part thereof for any reason and without notice, and without penalty. The most current version of these Terms can be accessed on the Site by selecting the “Terms and Conditions” link provided on the Site’s home page. You should review these Terms on a regular basis – for instance, each time you access the Site – so you may be apprised of any changes made. Any such termination, revisions or changes shall be binding upon you and effective immediately upon our posting of the revised these Terms or changed Terms on the Site.
The following terms used in these Terms with their initial letters capitalized, and those terms defined in the introductory paragraphs or elsewhere in these Terms, throughout these Terms have the meanings provided. Defined terms may be used in the singular, the plural or possessive form as the context requires:
Additionally, these Terms incorporate by reference those terms and phrases as defined in our Privacy Notice.
Customers may, from time to time, as and when generally available, request and schedule appointments for Enzo’s Services via the appointment scheduling or booking feature through the Site or other means (and each such scheduled appointment accepted from time to time by Enzo a “Booking”), which Enzo Services may comprise in-person personalized consultation, fitting, tailoring, and alteration services at one or more Enzo retail locations as determined by Enzo. Scheduling of Bookings for Enzo Services may take place either through the Site or by telephone. Availability of Bookings for Enzo Services may be limited and space is not guaranteed. The date, time and location of any request for a Booking placed by a Customer through the Site will be entirely up to the Customer, subject always however to availability as determined by Enzo in its sole discretion. In most instances, the Customer may access on the Site, a listing of available appointments at the respective Enzo retail locations from which to select and confirm a Booking. Once the Customer has selected and confirmed a Booking, they may receive an e-mail confirmation or other notification of the confirmed Booking.
All Customers are expected to keep their respective Bookings and to arrive on time at the applicable Enzo premises. However, if for any reason you need to cancel or postpone your Booking, we asked that you do so, not less than 24 hours prior to the Scheduled appointment time. You may cancel Bookings through the Site using the “booking cancellation” feature provided for that purpose or via a telephone call to us at 1 (212) 695-7086. We may charge you a fee of up to US$20.00 (each a “Cancellation Fee”) and you agree to pay us the Cancellation Fee in the event that you cancel a Booking less than 24 hours from the scheduled appointment time, failed to keep a schedule Booking, or are late by more than fifteen (15) minutes. We reserve the right not to honor a scheduled Booking in the event that the Customer fails to arrive for the scheduled appointment within fifteen (15) minutes thereof.
WHILE THE CUSTOMER MAY SELECT THE DATE, TIME, AND LOCATION OF A DESIRED BOOKING, ANY DECISION BY ENZO TO ACCEPT A REQUEST FROM A CUSTOMER FOR ENZO SERVICES IS A DECISION MADE IN ENZO’S SOLE DISCRETION AND ALL BOOKINGS ARE SUBJECT TO AVAILABILITY.
Enzo Goods may from time to time comprise a variety of customized and bespoke clothing, including shirts, suits, jackets, pants, and related accessories. Once you become a Customer, you may schedule a Booking through the Customer Features on the Site for the purpose of scheduling one or more appointments at an Enzo retailer store, at which an Enzo tailor or other personnel may take your measurements for fitting of Enzo Goods. Thereafter, you may, via access to your Account on the Site, order, or re-order Enzo Goods. In order to place an order for Enzo Goods, you must complete at least some Enzo Services and have your measurements taken by Enzo in-person. Unless and until you have had your measurements taken, you will be able to use the Site to design custom garments, but you will not be able to place any orders.
NEITHER ENZO NOR ANY OF OUR THIRD PARTY LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY ASPECT OF THE SITE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. THIS SITE AND THE INFORMATION, CONTENT, FILES, DATA OR OTHER MATERIALS CONTAINED ON THE SITE AND OTHER SERVICES PROVIDED BY ENZO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE SITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT, FILES, DATA OR OTHER MATERIALS (INCLUDING BUT NOT LIMITED TO ANY CUSTOMER CONTENT) UPLOADED TO, DOWNLOADED FROM, OR STORED BY, ON OR THROUGH THE SITE WILL BE TIMELY, ACCURATE, CURRENT OR SECURE, OR WILL NOT BE LOST, CORRUPTED OR OTHERWISE DAMAGED OR IMPAIRED, OR THAT WE WILL BE ABLE TO PREVENT DISRUPTION OF OR TO ANY OF THE SITE OR THAT WE WILL CORRECT ANY DEFECTS.
Although we take reasonable steps to prevent the introduction of viruses, worms, Trojans or other malicious software (“malware”) or other destructive materials to the Services, ENZO does not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain such contaminating or destructive properties.
IN NO EVENT WILL ENZO BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF ENZO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
Enzo reserves the right, at its sole discretion, to modify the Site or to modify these Terms at any time and without prior notice, and without penalty. If we modify these Terms – which may include updating, revising, amending, supplementing, restating, or terminating these Terms – we will either post the modification on the Site or otherwise provide you with notice of the modification. Please also refer to the “Last Updated” date indicated at the beginning of these Terms. Through continued access or use of the Site after Enzo has posted a modification thereon or has provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must discontinue use of the Site.
The use of this Site and Enzo Services are intended for persons who are 18 years of age or older. Any access to or use of any Enzo Services, Customer Features, or the Site by anyone under 18 is prohibited. By registering on the Site as a Customer, or accessing or utilizing any Enzo Services or Customer Features on or through the Site you represent and warrant that you are 18 years of age or older. Persons under the age of 18 may not avail themselves of any Enzo Services or purchase any Enzo Goods, unless accompanied by an eligible Customer over the age of 18. In any event, by becoming a Customer, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by all of these Terms. Without limiting the foregoing, the Enzo Services, Enzo Goods and the Site use of the Site to order or purchase any Enzo Services or Enzo Goods, are not available to Customers or any other person or entity who or which do not have a valid Account or who or which have had their Account temporarily or permanently deactivated.
In order to become a Customer and to access Customer Features, request a Booking for Enzo Services, purchase Enzo Goods, or utilize or enjoy other Services via the Site you must register to create an Account. You may register directly via the Site or as described in this Section.
As a Customer, your Account and your Account profile page will be created based upon the Customer Content you provide to us. In some instances, Enzo will provide you, either in person or by electronic means, information necessary to establish your Account. Such information may include, for example, a confirmation code or other identifying means that confirms that you have participated in one or more Enzo Services and are permitted access to the features of the Site designated by us from time to time for our Customers.
Any information that you provide, publish or post to or through the Site (including any profile information you provide) or send to other Customers or Visitors (including via any feedback, text, any email feature, or through any Enzo-related Facebook, Twitter or other social media posting) will be considered Customer Content. You consent to us using your Customer Content to create an Account that will allow you to utilize features of the site reserved for our Customers, in connection with their ordering of Enzo Services and purchase Enzo Goods. Our collection and use of personal information in connection with the Site and Enzo Services is as provided in Enzo’s Privacy Notice located at https://www.enzocustom.com/pages/privacy-policy
As a Customer, you are solely responsible for your Customer Content and your interactions with other members of the public, including Customers. You agree to provide and maintain accurate, current and complete information and that Enzo and visitors to the Site may rely on your Customer Content as accurate, current and complete.
As a Customer, you are the sole authorized user of your Account, and are responsible for maintaining the confidentiality of any password provided by you or Enzo for accessing Customer Features. You are solely and fully responsible for all activities that occur under your Account (even if that content or activity occurs from other individuals who have accessed the Sites and other Services through your account), and Enzo expressly disclaims any liability arising from the unauthorized access or use of your Account. If at any time you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you agree to notify us immediately.
In some cases, Enzo utilizes third party user account management providers, (such as Salesforce), to manage your Account. If you are directed to any such Enzo third party account management provider you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.
As a Customer, you may not have more than one (1) Account with Enzo at any given time. You must (and you agree to) provide accurate, current and complete information as requested or prompted during or in connection with the Account registration process, and to promptly update such information to keep it accurate, current and complete. Enzo reserves the right to suspend, restrict, or terminate your Account and your access to the Customer Features if you provide any false or misleading information, or otherwise violate any of these Terms. You are responsible for safeguarding your password and agree not to disclose your password to any third party. You have sole responsibility for any activities or actions conducted under your Account, whether or not you have authorized such activities or actions. You are obligated to immediately notify Enzo of any unauthorized use of your Account.
Enzo may, in our sole discretion and without thereby incurring any liability to you or otherwise, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate or cancel your Account and/or deny you access to the Customer Features, Enzo Services, or Enzo Goods. If we exercise our discretion under these Terms to do so, any or all of the following may occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Customer Features, your Account, or receive Enzo Services or other assistance from Enzo; (b) any pending or accepted future Bookings for Enzo Services will be immediately terminated; and (c) any pending or future orders for Enzo Goods will be immediately terminated and refunded, if applicable. Upon termination, deactivation, or suspension of your Account, you are required to immediately cease all use of the Customer Features and any Enzo Services and may not re-register under any other Account.
You may cancel your Account at any time via the “Cancel Account” or other similarly designated feature of the Site, or by notifying us thereof by e-mail at firstname.lastname@example.org or by contacting us by telephone at (888) 622-3696.
By becoming a Customer, you acknowledge that we may from time to time and as needed communicate with you by various means, including via e-mail, text message, telephone calls, and push notifications to the telephone number you provide to us, in relation to your use of the Site, the status of your Account, your purchase or use of Enzo Goods, Enzo Services, or other Services, among others. Please note that this may include communications generated by automatic telephone dialing systems or other methods and systems, which will deliver prerecorded messages sent by or on behalf of Enzo, its affiliated companies or other Customers, including but not limited to: operational communications concerning your Account, use of Customer Features, Enzo Services, and Enzo Goods, and updates concerning new and existing features on the Enzo Site.
In other instances, we will seek your consent to receive our communications before contacting you by asking you to “opt-in” to such communications. This may include receiving our newsletter, promotions and promotional materials provided by Enzo or third parties, and updates and news concerning Enzo.
Where we have already received your opt-in consent to receive certain communications, IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER SUCH “OPT-IN” COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS THAT ARE PROVIDED TO YOU ON THE SITE OR VIA THE COMMUNICATION, IF APPLICABLE (e.g. the “unsubscribe” button in our promotional emails). Standard text messaging charges applied by your telephone phone carrier will apply to text messages we send.
Once you have successfully registered on the Site as a Customer and your Account has thereby been established, you may request a Booking for the scheduling of one or more appointments at an Enzo retail store at which an Enzo tailor or other personnel may take your measurements for fitting of Enzo Goods. Once we have your measurements and you have made your selections for Enzo Goods, orders for the purchase of Enzo Goods may be placed by you in-person at one of our retail store locations or, subject to availability and at Enzo’s option, through a Customer Feature on the Site. In some cases such Customer Features will provide Customers with a means to select and customize Enzo Goods - for example by selecting style, cut, material, pattern, and the like. In other cases a Customer may make such selections in-person at an Enzo retail store during the Customer’s Booking for Enzo Services. We have made reasonable efforts to accurately display the colors and styles of the Enzo Goods that appear on the Site. However, we cannot guarantee that your computer monitor’s display of any color or style will be accurate.
Enzo reserves the right, in its sole discretion and at any time after receiving any order from you for any Enzo Services or Enzo Goods, to accept, refuse, place on hold or cancel any order you submit to us, including the right to limit any quantities of Enzo Goods you may wish to purchase. Once we receive your order, we’ll provide you with an e-mail confirmation at the email address you provide for that purpose when you register on the Site for an Account. Your receipt of an order confirmation does not signify Enzo’s acceptance of your order or a confirmation of our offer to sell; but simply an acknowledgement that we received your order.
After receiving your order, Enzo may contact you to request clarification, additional or missing information regarding your order or your Account, including measurements - even pictures - or customizations. It is your responsibility to deliver to us in a timely manner all additional information related to your order we may request. Enzo reserves the right, in its sole discretion, to place your order on-hold or even cancel it if any requested information is not received in time or is incomplete. Orders which we place on-hold may at any time thereafter be cancelled by us if there is any missing information which we require. With respect to any such orders which we cancel for which you have, at the time of cancellation, already have made payment for the Enzo Goods in question, we will issue a credit or refund according to these Terms.
In the event Enzo makes a change to or cancels your order, we will attempt to notify you by contacting the contact email address or telephone number which you provide to us as part of your registration for and Account on the Site.
If you want to make any changes to an order, please contact us as soon as possible, but in any event within 24 hours after submitting your order, for help. Please note however that we do not guarantee that we will be able to make any changes to your order, so make sure that you double check your selections and customizations before placing your order. You may not make any changes to any of your orders at any time following the expiration of the first 24 hours of first submitting such order to us.
In many cases, Enzo Services may be provided at no cost. However, in some circumstances there may be a charge associated with Enzo Services and, as such, you agree to pay Enzo for the total fees incurred in connection with any Enzo Services rendered. You further agree to pay Enzo for all fees and charges associated with your purchase of any Enzo Goods or the purchase of any Enzo Goods under your Account. With respect to Enzo Goods, all fees and charges are due in full at the earlier of time of purchase or confirmation of your order whether made in-person or through the Site.
In connection your use of the Customer Features (including during your Account registration), you may be asked to provide customary billing information such as name, billing address and credit card or other payment information either to Enzo or its third party payment processor(s). You agree to pay Enzo for any Enzo Services provided or Enzo Goods made in connection with your Account or your use of any of the Customer Features, or otherwise provided to you or on your behalf, in each case by one of the payment methods from time to time described on provided for on the Site, including the charging of the credit card account. You hereby authorize the payment and collection of any and all such amounts by the charging of the credit card, or via such other payment method provided for under your Account, You acknowledge and agree that Enzo may, in its sole discretion, directly charge such credit card account (or directly avail itself of such other payment methods) or may utilize the services of third party online payment processors or others to do so. If you are directed to any Enzo third party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.
In furtherance of your use of the Customer Features, you understand and agree that Enzo reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card or other payment method for any fees or charges for or associated with any Enzo Services or Enzo Goods or (ii) charge your credit card or other payment method a nominal amount, not to exceed one dollar ($1) per verification, or a similar sum in the currency in which you are transacting, to verify your credit card or other payment method. As a general rule, Enzo will collect any fees or charges due once all necessary order information has been obtained by Enzo from the Customer and Enzo confirms that the Customer’s order is complete. In our discretion such fees and charges may instead be collected by us at an earlier or later point. Enzo does not control, and is not responsible for, any fees or charges that may be charged to a Customer by her or his bank, financial institution, or payment provider, with respect to Enzo’s collection of fees or payments, and Enzo expressly disclaims all (and you agree that Enzo will have no) liability in this regard.
Enzo will take reasonable action to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you.
Enzo prefers that all Enzo Goods that you purchase be picked up by you in person at one of our retail store locations so that you may have an opportunity to try on those Enzo Goods and determine whether they have the appropriate fit and otherwise meet your needs and expectations. Pick-ups are part of the Enzo Services and may be scheduled by telephone or via the Customer Features, subject always however to availability and these Terms. We encourage all Customers to take advantage of in-person fittings to assure that your Enzo Goods fit properly. Should the Enzo Goods not fit properly, or require adjustment, the in-person pick-up will provide us an opportunity to measure you for alterations or provide you with alternatives.
In some limited instances, Enzo may elect to ship Enzo Goods directly to you. For example, Enzo Goods may be shipped to you following alterations in its sole discretion needed after your first try-on. If you are a repeat Customer, Enzo may provide you with the option of having Enzo Goods shipped directly to you. Shipping charges and expected delivery dates may be displayed through the Customer Features at the time of your order, or may appear in an order confirmation e-mail. Based on our service locations and your shipping address, we determine the shipping carrier for your order. Carriers that may be used include, but are not limited to, the U.S. Postal Service (USPS), United Parcel Service (UPS), and FedEx. Occasionally, we may send your order in two or more shipments.
Any time you place an order for Enzo Goods, we encourage you to take advantage of the Enzo Services and pick-up your Enzo Goods in-person. During pick-up you will have the opportunity to try on those Enzo Goods to examine the fit and finish. In many cases, alterations may be needed or desired. You may also desire to have alterations made to Enzo Goods you have owned for some period of time but which no longer fit appropriately. In most cases alterations will be carried our free of charge; however, Enzo reserves the right in its sole discretion to charge for alterations.
Enzo takes pride in its Enzo Goods and Enzo Services and desires that all Customers are satisfied with their purchase. If for any reason within (i) the first thirty (30) days of your pickup of the Enzo Goods; or (ii) if you do not pick up your Enzo Goods in person but rather we ship them to you, then within the first 30 days following delivery of those Enzo Goods to you, you are unsatisfied with your Enzo Goods, you may return the Enzo Goods or have them altered. In most cases, returns should be made in-person at one of our locations; however, in some cases we may permit you to ship a return to us at your expense. At Enzo’s sole discretion we may provide you with a pre-paid shipping label, although we are no obligated to do so. Refunds generally will be processed within three (3) days of receipt of the returned Enzo Goods. Refunds will be credited to your original payment method. It may take up to seven (7) for any applicable refund to be credited to your applicable payment method.
All Enzo Goods are warranted against defects in materials and workmanship for a period of thirty (30) days from your receipt of such Enzo Goods. If there is any problem concerning the quality or fabrication of your garments, please contact Enzo for assistance, within thirty (30) days after receiving your order such assistance, which may include the issuance of a refund or replacement. Alternatively, you may bring the Enzo Goods in question to any of our retail store locations or, if available through the Customer Features, submit the return claim through your Account.
Enzo reserves the right in its sole discretion to deny warranty coverage or the issuance of a credit or refund for any Enzo Goods that are believed to be (1) previously worn, (2) damaged, (3) laundered, (4) misused, (5) mistreated, or (6) otherwise not in their original condition. Enzo Goods that have already been altered or adjusted in any way by anyone other than by Enzo cannot be returned. Any items returned to Enzo that do not meet these requirements will be returned to the Customer without processing and without any further obligation on Enzo’s part.
In the event that any Enzo Goods which you order or which is ordered under your Account is not picked up by you from any of our retail store locations within 90 days immediately following the date you are initially notified by us, whether via contact email, contact telephone number or otherwise, that such Enzo Goods are ready for pick up by you, Enzo shall have the right in any such event and in its sole and absolute discretion to discard or dispose of those Enzo Goods in any manner, Enzo deems fit. Although Enzo may use reasonable efforts to attempt to contact you during such 90 day period, in no event however, will Enzo be responsible for or have any liability to you or otherwise for or in connection with any loss or damage that you may suffer or incur arising from or in connection with any failure by Enzo to contact you with regard to any such Enzo Goods or with respect to the disposal or discarding by Enzo of any such Enzo Goods following expiration of the aforesaid 90 day time period, nor will Enzo have any obligation to make any refund or credit your account for or with respect to any payments which you have previously made for or in connection with those Enzo Goods or related Enzo Services.
Enzo, at its sole discretion, may from time to time, make special offers or promotions (“Promotions’) available to some but not all Customers, or to prospective Customers. Promotions, which we may from time to time offer to our Customers may not be the same and different Customers may be offered different Promotions. Furthermore, prospective Customers may also be offered different Promotions. No Promotion, unless and then only to the extent expressly made to you specifically, shall have any bearing whatsoever on your Account, these Terms or your relationship with Enzo. Any promotional coupon, which we may utilize in connection with a Promotion is applied at the discretion of Enzo, and while Enzo may in connection with a Promotion reduce the cost of certain Enzo Goods, if any, subject to such Promotion, based on an amount or discount value, stated by us in the Promotion, all other fees and charges for or in connection with Enzo Services and Enzo Goods, as well as, all shipping and handling (if applicable), and sales tax will still apply and be due to and payable to Enzo.
Enzo at its option may through the Site issue gift cards (“Gift Cards”) or electronic gift certificates (“E-Gift Certificates”). In some cases, Gift Cards may be available for purchase through the Site, which Gift Cards may be shipped or mailed in accordance with Enzo shipping policies set forth in these Terms. In other cases, Enzo may issue E-Gift Certificates by e-mail or other electronic means designed by Enzo from time to time. All sales of such Gift Cards and E-Gift Certificates are final. Gift Cards and E-Gift Certificates should be treated as cash. Gift Cards and E-Gift Certificates cannot be exchanged or refunded for any reason. Gift Cards and E-Gift Certificates may be applied toward purchase of Enzo Goods and Enzo Services, where applicable, however they cannot be used to purchase other gift cards or e-gift certificates. Gift Cards and E-Gift Certificates may be used to pay for Enzo Goods and Enzo Services through Customer Features we from time to time make available for such purposes on the Site.
You understand and agree that you alone are responsible, at your sole cost and expense, for compliance with any and all Laws that may apply to your use of the Site or any feature thereof. In connection with your use of the Site, you must not, and you agree that you shall never do or attempt to do any of the following:
Enzo at all times has the right to investigate and may prosecute violations of any of the foregoing to the fullest extent of the Law.
Enzo may access, preserve and disclose any of your information if we are required to do so by Law or enforceable legal obligation, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Enzo, (ii) to comply with a lawful and enforceable request by law enforcement, judicial body, or other public authorities, or in connection with a legal obligation, or other enforceable legal process (for example, court order, subpoena, warrant, etc.), (iii) enforce or administer our agreements with users (iv) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (v) protect the rights, property or safety of Enzo, its users, or members of the public. You acknowledge that Enzo has no obligation to monitor your access to or use of the Site but has the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the lawful and enforceable order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Enzo reserves the right, at any time and without prior notice, to remove or disable access to any materials that Enzo, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.
The Site is protected by copyright, trademark, and other Laws of the United States and foreign countries. You acknowledge and agree that the Site and Enzo Content, including all associated Intellectual Property rights, are the exclusive property of Enzo and its licensors (hereinafter “Enzo Intellectual Property”). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Collective Content. All trademarks, trade names, and source identifiers of Enzo used on or in connection with the Site are trademarks or registered trademarks of Enzo. Trademarks, trade names, and any other source identifiers of third parties used on or in connection with the Site are used for identification purposes only and may be the property of their respective owners.
Nothing in these Terms grants, transfers or conveys, nor may be construed or operate as a grant, transfer or conveyance, to any Customer or any other person of any right, title or interest in or to any of Enzo Intellectual Property therein, including but not limited to any trademark, trade name, service mark or other proprietary identifying symbols used by us from time to time on or in connection with the Site, or any feature or functionality thereof. No Customer or other person may use any of Enzo Intellectual Property without in each case first obtaining our prior written consent, which consent may be withheld in our sole and absolute discretion. All goodwill arising from or incident to any use of Enzo Intellectual Property shall inure exclusively to us or our third party licensors as applicable.
You agree you shall not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, business partners, licensors, licensees or transferees, any patent infringement or other Intellectual Property infringement claim with respect to the Site.
Enzo respects Intellectual Property Laws and expects all Customers to do the same. It is Enzo’s policy to terminate in appropriate circumstances the Accounts of Customers who repeatedly infringe or are believed to be repeatedly infringing the rights of Intellectual Property owners. Claims of trademark, copyright, or patent infringement or any other alleged Intellectual Property violations should be sent to Enzo’s designated agent. Please review Enzo’s Intellectual Property Policy, found at https://www.enzocustom.com/pages/ip-policy for further information.
Enzo grants Customers a limited, non-exclusive, non-transferable license, to (i) access and view any Enzo Content solely for your personal and non-commercial purposes and (ii) access and view any Customer Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise to Enzo Intellectual Property, except for the licenses and rights expressly granted in these Terms.
Enzo may, in our sole discretion, permit you to post, upload, publish, submit or transmit Customer Content. By making available any Customer Content on or through the Site, you hereby grant to Enzo a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Customer Content on, through, by means of, or to promote or market the Site. Enzo does not claim any ownership rights in any such Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Customer Content.
You acknowledge and agree that you are solely responsible for all Customer Content that you make available through the Site. Accordingly, you represent and warrant that (i) you either are the sole and exclusive owner of all Customer Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Enzo the rights in such Customer Content, as contemplated under these Terms, and (ii) neither the Customer Content nor your posting, uploading, publication, submission or transmittal of the Customer Content or Enzo’s use of the Customer Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary rights or Intellectual Property, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you provide any suggested improvement(s) to the Site or any feature or functionality thereof (each a “Suggestion” and collectively “Suggestions”) to Enzo, we will own all right, title and interest (including any Intellectual Property rights) in and to any Suggestion even if the person making the Suggestion has designated the Suggestion as confidential or proprietary. Enzo shall be entitled to use and exploit any Suggestion without restriction. You must, and hereby do, irrevocably assign to Enzo all right, title and interest (including all Intellectual Property rights) in and to all Suggestions (if any) and agree to provide us or our designees with any assistance we may or they may reasonably request or require from time to time to further document, perfect and maintain our rights in any Suggestion.
The Site may contain links to or otherwise interface or connect with third party websites or resources, for example SNS (defined above), Salesforce and BluePay or other like payment processors. You acknowledge and agree that Enzo is not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Enzo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, OR ANY FEATURE OR SERVICE ACCESSED OR OFFERED ON OR THROUGH THE SITE INCLUDING YOUR REQUEST OR BOOKING OF ANY ENZO SERVICES VIA THE SITE AND ANY CONTACT YOU HAVE WITH OTHER CUSTOMERS OF ENZO, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION VII(E), ALL ENZO GOODS ARE WARRANTED AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER ORDINARY USE FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF RECEIPT. WITH RESPECT TO ENZO GOODS, ENZO SERVICES, CUSTOMER FEATURES, AND THE ENTIRETY OF THE SITE, ENZO EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ENZO NOR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS OR AFFILIATES, SHALL BE LIABLE TO ANY CUSTOMER, ANY USER, ANY GUESTS OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS OR OTHERWISE (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR FOR ANY DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SYSTEM OR ANY SERVICE OR ANY PART THEREOF, (II) THE PROVISION OF OR FAILURE TO PROVIDE, OR ANY INTERRUPTION OF, ANY ENZO SERVICE OR ANY OTHER SERVICE, (III) ANY INFORMATION, SOFTWARE, PRODUCT, SERVICE, DATA, FILE, CONTENT, OR MATERIALS STORED ON, OBTAINED THROUGH, UPLOADED TO OR DOWNLOADED FROM THE SYSTEM OR ANY SERVICE, OR ANY DAMAGE TO OR CORRUPTION OR LOSS OF ANY OF THE FOREGOING, (IV) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR CONTENT, OR (V) ANY ACCESS TO OR USE OF, OR ANY INABILITY TO ACCESS OR USE ANY CONTENT OR MATERIALS.
IN THE EVENT THAT NOTWITHSTANDING THE PROVISIONS OF THE FOREGOING PARAGRAPHS OF THIS SECTION, WE (OR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES OR THIRD PARTY LICENSORS OR SUPPLIERS) ARE FOUND LIABLE TO ANY CUSTOMER, USER OR GUEST OR OTHERWISE FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, THE AGGREGATE AMOUNT OF ALL SUCH LIABILITY SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US BY CUSTOMER OR YOU (AS APPLICABLE) FOR AND WITH RESPECT TO THE PARTICULAR ENZO SERVICES THAT GIVE RISE TO SUCH CLAIM IN WHICH THE CAUSE OF ACTION ACCRUED.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree and must at all times indemnify, defend and hold Enzo and its third party suppliers or licensors, each of our and their business partners and each of our and their respective employees, officers, directors, managers and representatives (each an “Indemnitee” and collectively the “Indemnitees”), harmless from and against any and all losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including attorneys’ fees and court costs) suffered or incurred by any of the Indemnitees as a result of any third party claim, action, suit, or proceeding arising out of or incident to (i) any Customer or other person’s use of or access to the Site in a manner not authorized by these Terms, or in violation of any applicable laws, (ii) Content including any claim involving infringement or misappropriation of third party rights or the use, development, design, manufacture, production, advertising, promotion or marketing of Customer Content, (iii) any breach by Customer or any other person of any term or condition of these Terms, including without limitation, any representation and warranty hereunder, or (iv) any act, omission or misconduct of Customer or any other person using or accessing the Site.
We will promptly notify you of any claim which we become aware of and which we believe to be subject to indemnification under this Section; provided that our failure to promptly notify you shall not affect your indemnification obligations hereunder except to the extent that our failure to promptly notify you materially prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim(s) with counsel of your own choosing (subject to a conflicts assessment), and to settle such claim as you deem appropriate, provided that you (nor any Person acting on your behalf) may enter into any settlement without Enzo’s prior written consent (which may be conditioned or withheld in our sole and absolute discretion) and provided that we may, at any time, elect to take over control of the defense and settlement of any claim.
If you reside in the United States, you and Enzo agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights. You acknowledge and agree that you and Enzo are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. Further, unless both you and Enzo otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available at www.adr.org/arb_med. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Enzo otherwise agree, the arbitration will be conducted in New York, United States. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Enzo submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the “Modification” section above, if Enzo changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Enzo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Enzo in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
For purposes of these Terms: (i) whenever the context requires, the singular number shall include the plural, and vice versa; (ii) the masculine gender shall include the feminine and neuter genders; (iii) the feminine gender shall include the masculine and neuter genders; and (iv) the neuter gender shall include the masculine and feminine genders. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of these Terms. As used in these Terms: (i) the words “hereof”, “hereunder”, “herein” and words of similar import refer to these Terms as a whole and not to any particular provision of these Terms; (ii) the words “include” and “including”, and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words “without limitation”; (iii) except as otherwise expressly indicated, all references in these Terms to “Sections”, “Subsections”, “Paragraphs”, “Schedules”, “Exhibits” are intended to refer to sections, subsections or paragraphs of these Terms; and (iv) the word “or” means “and/or”.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Enzo (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in New York, New York or a United States District Court, Southern District of New York located in New York, New York for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision.
If any provision of these Terms, or the application of such provision, is held invalid by a court of competent jurisdiction, the remainder of these Terms, and the application of such provision to persons, entities, or circumstances other than those with respect to which it is held invalid, shall not be affected.
The failure of Enzo to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Enzo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
These Terms are effective upon your creation of an Account, as amended by any modifications made by Enzo as outlined at the start of these Terms. You may discontinue your use of Customer Features or your Account at any time, for any reason. We may suspend or deactivate your Account, or revoke your permission to access the Site or any or all Customer Features, at any time, for any reason, with or without notice to you. We reserve the right to refuse access to the Site or any Customer Feature to any Customer for any reason not prohibited by applicable Law. Either party may terminate the Terms for any reason upon written notice to the other party.
Sections I (Definitions), II (Explanation of Enzo Services and Enzo Goods), III (Acknowledgments and Disclaimers), VII (Orders, Returns, and Other Financial Terms), IX (Intellectual Property and Customer License Agreement), XI (Limitation of Liability), XII (Indemnification), XIII (Dispute Resolution), and XIV (General Provisions) shall survive termination of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Enzo and you regarding the Site, ANY Enzo Services rendered via the Site, any Enzo Goods, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Enzo and you regarding the Enzo Services, the Site or any Enzo Goods.
These Terms are neither assignable, transferrable nor delegable by you whether by operation of Law or otherwise. Any attempt by you to assign, transfer, or delegate any of these Terms, will be null and void and of no effect. Enzo may assign, transfer or delegate these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the respective parties, their successors and permitted assigns.
If you have any questions regarding this Policy or our privacy practices, you can contact us at:
Attn: Alexandra Cross
330 W 42nd St. #909
New York NY 10036
Toll-free: (888) 622-3696
Or by email at: email@example.com
Last Updated: November 28, 2018
At Enzo Custom (“Enzo,” “us,” “our,” or “we”), we recognize that your privacy is important – both to you and to us. This Enzo Notice of Privacy Practices (“Notice” or “Privacy Notice”) has been compiled to disclose our privacy practices to you, and inform you about how your Personal Information is being used when you: (i) access and use our website at www.enzocustom.com (our “Site,” or collectively, “Sites”), (ii) make purchases of goods via our Site’s online store, and (iii) use other related products or services we may make available to you through your use of the Site (collectively, “Services”). “Personal Information,” also known as “Personal Data,” and as used in this Privacy Notice, means information that can be used on its own or with other information to identify, contact, or locate you, or to identify you in context. This includes your name, physical address, email address, telephone number, payment card information, account username, and other identifying information. It also includes other information that may be associated with your Personal Information, such as your location, IP address, preferences or interests. Importantly, we may collect Personal Information directly from you when you visit our Sites.
Please read this Privacy Notice carefully so that you have a clear understanding of how we collect, use, otherwise handle and protect your Personal Information in connection with your use of the Site or the Services.
We may collect certain information from you when you use our Services, including our Sites. We collect and obtain your information in a few ways: there is information that you choose to give to us, information we obtain through your use of our Services – including our Site – and information we obtain from third parties. Each of these is detailed below:
We receive, store and process information, including Personal Information, that you make available to us when accessing or using our Site and/or Services. Examples include when you (i) fill in any form on the Site, such as when you register or update the details of your user account, or when you supply identification and other verification information, (ii) access or use the Site, such as to make requests for or accept Enzo Services, pay for Enzo Goods or Enzo Services, post comments or reviews, or communicate with other users, (iii) link your account on a third party site (e.g. Facebook) to your Account, in which case we will obtain the Personal Information that you have provided to the third party site, to the extent allowed by your settings with the third party site and authorized by you, and (iv) communicate with Enzo. Some of this information may comprise “Demographic Information,” which may include, but is not limited to, your zip code, hometown, gender, age/birth date, browsing history information, searching history information, and registration history information. Some Demographic Information may not directly reveal your identity; however, at times the combination of various types of data, including Demographic information, may enable you to be identified, and may therefore qualify as Personal Information.
We also receive, store and process information, including Personal Information, when you access or use our Site.
When you use certain features of the Site, we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. information on the device used to access the Site, such as your mobile device, GPS-based functionality on your mobile devices when used to access the Site, or specific features of the Site). If you do not want your device to provide us with location-tracking information, you may be able to disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
We may also receive, store and process information that is automatically recorded by our servers whenever you access or use the Site, regardless of whether you are registered with Enzo or logged in to your Account, such as your IP address, the date and time you access or use the Site, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.
Enzo uses “cookies” and other similar technologies, such as mobile application and other device identifiers, on the Site. Cookies are small data text files stored locally on your computer that uniquely identify your browser. As a result, when you access or use the Site, you will provide or make available certain information to us. While you may disable the usage of cookies through your browser settings, we do not change our practices in response to same. We track your activities if you click on advertisements for Enzo services on third party Sites such as search engines and social networks, and may use analytics to track what you do in response to those advertisements. If you disable cookies, you may lose some of the features and functionality of using our Site, as cookies are necessary to track and enhance your use and access.
We may, either directly or indirectly, also continue to track your behavior on our Site for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Site and pay for your activities on the Site. We may also, either directly or through third parties we engage to provide services to us, track your behavior on our Site to market and advertise our services to you on the Site and third party websites.
We do not respond to “do not track” browser signals.
Enzo may collect information from various third parties about you, such as any third-party service providers who we use to provide our Services to you. From time to time, we may also use or augment the Personal Information we have about you with information obtained from other sources, such as public databases, social media platforms and other third parties. For example, we may use such third party information to confirm contact or financial information or to better understand your interests by associating demographic information with the information you have provided.
Additionally, we may allow you to access or use certain features of the Site, or share your access to or use of the Site with others using accounts you created with third party services, like Facebook (“Third Party Service Accounts”). If you choose to login to the Sites using this method, the Third Party Service Account may ask your permission to share certain information from your Third Party Service Account with Enzo – such as your name, email address, and your Third Party Service Account profile data. Such information is collected by the Third Party Service Account provider and shared with Enzo according to the Third Party Service Account provider’s privacy policies.
Other services, such as those of third party payment providers, may require you to provide your financial information (such as your payment card information, including expiration date and verification code) as well as your name, address, email address, and other Personal Information to complete purchases. Enzo does not collect any financial information or payment card information itself in relation to orders on the Site; all payment processing is conducted by third party payment providers.
We will primarily use, share, and/or disclose your information to provide you access to, and facilitate your use of, our Site and other Services. We will use, share, and/or disclosure Personal Information from or about you in the following instances:
a. When you consent for us to do so (“Consent”). We may also ask for your consent to process your Personal Information for a specific purpose that we communicate to you, for instance, to receive our newsletter and other such mailings you may be interested in. When you consent to our processing your Personal Information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.
b. To fulfill a contractual obligation that we have with you, where applicable (“Contract”). This includes the processing of your information related to your online orders via our Site.
c. To comply with a legal or statutory requirement or obligation (“Legal Obligation”). This may include responding to a lawful and enforceable request by law enforcement, judicial body, or other public authorities, or in connection with a legal obligation we have to a third party, or reporting unlawful activity to law enforcement.
d. To fulfill another legitimate interest, when not overridden by your interests or, where applicable, your fundamental rights and freedoms which require the protection of Personal Information (“Legitimate Interest”).
We use, store and process information about you for the following general purposes:
We may review, scan, or analyze your communications with other users exchanged via the Site in relation to maintenance of the Site, for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Site may scan and analyze messages to mask contact information and references to other websites. We may also scan, review or analyze messages for research and product development purposes to help make searching, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings.
We may use Demographic Information to tailor the Site to your interests, as well as any communications related to your use of our Services, and those communications you have consented to receive from Enzo.
Your Personal Information may be disclosed in several instances, including:
We reserve the right to report to law enforcement any information – including Personal Information – related to the use of our Services to further any unlawful activity or activity we in good faith believe to be unlawful.
We may also share Demographic Information with advertisers on an aggregated basis (i.e., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertisers' goods and services will appeal to you as a customer of the Enzo Site. Our sharing of Demographic Information with our advertisers is anonymous (i.e., we do not tell advertisers which particular Enzo Customers are members of which demographic groups), subject to the rest of this Privacy Notice. When you respond to an advertisement, however, we ask you to remember that if the advertisement is targeted to a demographic group and you decide to give the advertiser any of your Personal Information, then the advertiser may be able to identify you as being a member of that demographic group.
Enzo does not sell, trade, or rent your Personal Information to others. As noted above, we may release or disclose your information to third-party service providers or agents who perform functions on our behalf or who facilitate the provision of our Services to you.
We may also share your information in relation to a merger, sale, financing, acquisition or other transaction involving all or a part of Enzo with another company.
We may also share any additional information that you have consented for us to share.
If you are visiting this site or utilizing services from a country other than the United States, the various communications you send and receive may result in the transfer of information across international boundaries. If you are located in the European Union you should be aware that information you provide or which is otherwise collected on this Site or through any services rendered may be transferred to countries (including the United States) which may not have data protection laws deemed as adequate as those in the EU.
We keep your Personal Information to enable your continued use of Enzo’s Services, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as may be required by applicable law, as necessary to protect our rights and interests, or as otherwise communicated to you. For example, we may retain your transaction history so that you can review past purchases (and repeat orders if desired) and what addresses you have shipped orders to, and to improve the relevancy of products and content we recommend.
Enzo will ensure that you can exercise your rights pertaining to your Personal Information, including rights as provided by various data protection laws. Enzo therefore informs you that, where applicable under relevant law, you are entitled:
Under certain laws, you may also have the right to “opt-out” of having your Personal Information sold to a third party. However, Enzo does not sell your Personal Information to any other party. Only in the case of a merger, sale, financing, acquisition, or other transaction involving all or part of Enzo may your information be involved in a transaction.
For deletion/”right to be forgotten” requests, we will undertake a good faith effort to accommodate requests for access to or deletion of personal information. However, these requests may be subject to the evaluation of additional factors, including disproportionate burden or expense, or the risk to the rights, including the privacy rights, of others.
We will strive and work to resolve any inquiry you may have regarding our privacy practices. EU residents may also file a complaint before a competent data protection authority regarding the processing of your Personal Data. While we suggest that you contact us beforehand, if you wish to exercise this right, you should contact the competent data protection authority directly.
If you have any questions, would like to exercise any of these rights, or if you need any assistance with privacy related matters, please contact us as described in the “Contact Us” section below. We will take the necessary steps to respond to you as soon as possible.
You may change certain preferences in your account regarding the sharing and use of your information on our Site by visiting your account settings. Please note that some Site functionality may be impacted depending on the preferences you choose.
Enzo also offers individuals the opportunity to choose or “opt-in” to receive emails or other communications from us and/or our partners regarding offers, products, and services we feel may interest you. We will ask you if you want to receive such emails before we begin sending them to you. If you have opted in to receive such communications from us but later decide you do not want to receive solicitations from us or our partners related to your account with us, you can “opt-out” by accessing and editing your account information to no longer receive such offers and mailings, or by following the “unsubscribe” directions attached to such emails.
You also have the ability to change your browser’s and your device’s cookie settings, as described above.
You can always update your basic account information by logging into your Enzo account. If you need to access, update, or delete other Personal Information we may have in another way or manner, please contact us at the address below. Note that we may limit additional requests to modify your Personal Information, such as if your request impacts other users’ privacy, concerns information that Enzo does not possess or control, is repetitive, is unlawful, or requires technical means disproportionate to the request.
We have reasonable and appropriate administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. Accordingly, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store. As a result, you acknowledge that there are data security and privacy limitations inherent to the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and Enzo cannot be guaranteed.
We may change this Privacy Notice at any time and without notice, at our sole discretion. We may change how we collect and then use Personal Information. The most current version of our Privacy Notice is accessible on our Site at all times. If we make material changes to the Privacy Notice, we will notify you either by posting an alert on the Site or by sending an email to you. We will also update the “Last Updated” date at the top of this Privacy Notice.
We collect your email address in order to:
California Civil Code Section 1798.83 permits California residents who have supplied Personal Information, as defined in the statute, to us to request and obtain certain information regarding our disclosure, if any, of Personal Information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of Personal Information shared and the names and addresses of all third parties that received Personal Information for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing to us at the below address. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this address.
If you have any questions regarding this Policy or our privacy practices, you can contact us at:
Attn: Alexandra Cross
330 W 42nd St. #909
New York NY 10036
Or by email at: firstname.lastname@example.org
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