Last revised: 2021-07-30T18:30:17+0000
TERMS AND CONDITIONS
Welcome to www.enzocustom.com, the website (“Site”) of Enzo Custom Clothiers New York, LLC, a New York limited liability company, hereinafter sometimes also referred to as “Enzo”, “we”, “us”, or “our”. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site.
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.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site. This document 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. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. These Terms include not only the following Terms and Conditions set forth herein, 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 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) and the terms of any purchase order confirmed by Enzo.
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).
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.
Additionally, our Notice of Privacy Practices (“Privacy Notice”) available at https://www.enzocustom.com/pages/privacy-policy 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.”
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to "fair dealing" under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Enzo, enzocustom.com, and other marks which may or may not be designated on the Site by a "®"‚ "SM"‚ or other similar designation, are registered, pending or unregistered trademarks or service marks of Enzo, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Enzo. Enzo's trademarks and trade dress may not be used in connection with any product or service that is not Enzo's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Enzo. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Enzo.
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.
REGISTRATION, PROFILE, AND CUSTOMER CONTENT
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/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.
In some cases, Enzo utilizes third party user account management providers 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.
LIMITATION, SUSPENSION, TERMINATION AND CANCELLATION OF ACCOUNTS
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.
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.
PAYMENTS AND AUTHORIZATIONS
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 Custom pricing is determined based on the fabric chosen, size and design for each garment. Since all products are custom ordered and made, all prices are based on the specific order. We price our fabrics in levels (A-Z) which refers to the Price Tier for each garment. Prices and availability of products or fabric on the Site are subject to change without notice. At the time you decide to place an order, the final price will be provided to you and the order form you confirm will contain that price. Discounts may be offered for certain package purchases at the discretion of Enzo.
Taxes are not included in any prices until a final price for your order is calculated and you receive the final order confirmation request. You agree to pay and be responsible for any taxes, duties, levies, or charges, as applicable.
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.
All order details must be finalized at the time you confirm your order. No changes can be made after an order is placed and accepted by us. All orders placed shall be deemed a final and binding contract between you and Enzo as the Enzo products are custom orders for you and cannot be resold. No refunds are available, however, we will make alterations as needed in accordance with our practices described below. Therefore, please clarify any questions prior to confirming your order. After placing an order, you will receive an email from us acknowledging that we have received your order and that we have accepted your Order. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the "Shipping Confirmation"). A contract for with us for the purchase of garments will only be formed when we send you the Shipping Confirmation.
On occasion, you may place an order that is accepted, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Acceptance without penalty.
Enzo requires payment in full at the time of order confirmation/placement. To avoid unnecessary problems regarding fit, we only accept orders for one garment of each type (suit, shirt) from a new client until proper fit is confirmed. Delivery estimate is provided at time of order but cannot be guaranteed.
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.
Delivery estimate is provided at time of order but cannot be guaranteed due to availability of materials, shipping times, changes in production queue, etc. Typically, you will receive your order five weeks from the date of order acceptance by us. Rush orders are subject to a surcharge as set forth on this Site but cannot be made for certain items such as imported fabrics. Information about the status of the order is accessible via your customer account at any time. All packages sent have a separate tracking number and may be followed on the tracking page of the applicable method of shipment. We are constantly monitoring production, air freight and final delivery and are always working hard to deliver your order as soon as possible. Enzo cannot be held responsible for losses, inconvenience, cost or other damages resulting from late deliveries.
Please note the following annual potential delays:
· January/February – Regular production facility closure – orders are delayed between 3-4 weeks and no rush options are available.
· August – Italian fabric mills regular closure – imported fabric orders are delayed between 2-3 weeks.
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
Your satisfaction with the garments you order from Enzo is our highest priority. In the event you are not satisfied with the fit of the garment you receive from us, you can work with our customer service staff to arrange for appropriate alterations by our clothier. The approximate time period for alterations is 7-10 days. We provide complimentary alterations required for any reason for 30 days from the garments receipt by you. It is important that you work with our clothier since our goal is to complete all alterations perfectly the first time Your satisfaction is our highest priority.
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.
GIFT CARDS AND CERTIFICATES
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.
ACKNOWLEDGEMENTS AND DISCLAIMERS
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.
WARRANTY AND LIMITATION OF LIABILITY
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987, (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence or (d) for fraudulent misrepresentation.
Other than the warranties and other assurances we give you in these Terms and Conditions, Enzo specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by Enzo shall create a warranty (unless made fraudulently).
DISPUTES AND GOVERNING LAW
You agree that the laws of the State of New York, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Enzo.
Any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in New York, New York, USA, except that, to the extent you have in any manner violated or threatened to violate Enzo's intellectual property rights, Enzo may seek injunctive or other appropriate relief in any state or federal court in the State of New York, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing 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 under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
If you have any questions regarding this Policy or our privacy practices, you can contact us at:
Attn: Alexandra Cross
315 Madison Ave 14th FL
New York NY 10017
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