TERMS OF CONDITIONS, TERMS OF USE

 

Please Read This Document Carefully. It Contains Very Important Information Regarding Your Rights and Obligations, Including Limitations and Exclusions That Might Apply to You.

Terms & Conditions

These Terms & Conditions were last updated on August 15, 2013.

1. Acceptance of Terms.
These Terms & Conditions apply to Suite 1521 membership and the purchase and sale of products (“Products”) through Suite 1521. By becoming a Member and/or purchasing and/or placing an order for such Products, you agree to be bound by and accept these Terms & Conditions. These Terms & Conditions are subject to change by Suite 1521 without prior written notice at any time, in our sole discretion. The latest version of these Terms & Conditions will be posted on this Website, and you should review these Terms & Conditions prior to becoming a member or purchasing or ordering any Product. You should also carefully review our Terms of Use and our Privacy Policy before signing up for membership for Suite 1521 or using this Website.

2. Order Acceptance and Cancellation
Once an order has been placed and paid for it cannot be cancelled. You will have 48 hours after you place the order to make any size, style or color changes. If for any reason any item from an order is cancelled by the designer, we will promptly issue a refund to your credit card account in the amount of the charge and notify you of the cancellation

3. Payment Terms, Shipping Fees, and Taxes / Duties
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
If you purchase stock from an event it cannot be shipped and you will be charged New York State sales tax upon payment. If you pre-order Products, at the time you place your order, you will be required to pay in full inclusive of any taxes. Please be aware that because of the “pre-sale” nature of such transactions, you should expect a delay of approximately six (6) months between the date you place your order and the date that the Product is ready for shipment unless otherwise specified.
If you are shipping within the United States of America, sales tax will be charged on orders shipping to New York State. This tax will be charged upon placing an order. No other tax or import duty will be applied to orders shipped within the United States. We are only able to only ship to residences in which you actually reside and cannot ship to PO boxes.
We accept payment for all purchases through third-party payment processors. By providing your credit card information, you agree to be bound by and accept the terms and conditions of those processors. Further, you represent and warrant that: (i) the credit card information you supply to us, our vendors, and our affiliates is true, correct, and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Payments can only be made in United States dollars.

4. Shipping Policy
Shipping via UPS ground or local messenger is $12.50 per order. Special shipping requests or expedited shipping are subject to increased shipping fees. All of your purchases are insured against theft and accidental damage during transit from Suite 1521 to your shipping address. Once the package has been delivered, it is no longer covered. These shipping terms are accepted by you by placing an order with us.

5. Limitation of Liability
In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), product liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have purchased or ordered at our events. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.

6. Return Policy
To effect a return, please notify us within five days of receiving your shipment, to obtain a RAN (Return Authorization Number). Items may be returned within a 14-day period following receipt of your order. Items that are accepted for return may be returned for SUITE 1521 Currency ONLY, which can be used at any future event or towards purchases from The Closet.
Return shipments are free.
Only three items (or less) may be returned per order. For orders containing three items or fewer, you may return one item.
Returns are accepted for full-priced merchandise only. Anything sold as “stock” from an event will be considered "Final Sale."
No returns will be accepted for the following: jewelry, swimwear, handbags, shoes and any custom or Rush orders.
Please note items purchased over the phone or via email (not seen in person at an event) are not eligible for return, exchange or credit.
In the event that you receive faulty or damaged merchandise, please let us know immediately and we will do our best to correct the problem or provide you with a full cash refund.
The products you return must be in new, unused, unworn condition with all the original packaging and garment tags still attached. In addition, all items must be returned with special Suite 1521 tags.
If you have any questions please email us at customercare@suite1521.com.

7. PHOTO, VIDEO AND AUDIO CONSENT AND RELEASE
UPON VOLUNTARILY ATTENDING ANY SUITE 1521 SALE EVENT, YOU ARE GRANTING SUITE 1521 THE IRREVOCABLE RIGHT TO FILM, VIDEOTAPE, PHOTOGRAPH AND RECORD YOUR APPEARANCE AND VOICE WHILE IN THE SALES SUITE. SUITE 1521 WILL HAVE THE RIGHT TO USE THE IMAGES AND VIDEO RECORDINGS ON THE INTERNET ON ITS WEBSITE WWW.SUITE1521.COM, FOR PUBLIC RELATIONS AND TRADE PURPOSES, WHETHER DIGITALLY BROADCAST OR ARCHIVED, INCLUDING COMPOSITE OR MODIFIED REPRESENTATIONS. BY AGREEING TO THESE TERMS & CONDITIONS YOU ARE WAIVING THE RIGHT TO INSPECT OR APPROVE THE IMAGES OR FILMS USED AND ARE RELEASING SUITE 1521 FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF THE IMAGES OR FILM INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, RIGHTS OF PUBLICITY OR COPYRIGHT. YOU FURTHER AGREE THAT ALL RIGHT AND TITLE TO, AND INTEREST IN ANY FILMS, VIDEOTAPES, PHOTOGRAPHS AND RECORDINGS OF YOUR APPEARANCE AND VOICE, AND ANY AND ALL ELEMENTS THEREOF, SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF SUITE 1521, AND ITS SUCCESSORS, ASSIGNS AND LICENSEES, INCLUDING, WITHOUT LIMITATION, THE RIGHTS TO EDIT, COPY, EXHIBIT AND TRANSMIT, PERFORM, LICENSE, SELL, ASSIGN, TRANSFER, AND OTHERWISE EXPLOIT ALL OR ANY PORTION THEREOF IN ANY AND ALL MEDIA, WHETHER NOW OR HEREAFTER KNOWN, THROUGHOUT THE WORLD IN PERPETUITY WITHOUT RESTRICTION OR LIMITATION.

8. Event Cancellation
Suite 1521 reserves the right to cancel or postpone any event due a cause beyond its reasonable control including without limitation, a failure of Suite 1521 to receive event samples from a designer (whether due to customs enforcement or any other reason outside of Suite 1521’s reasonable control), acts of God, strikes, riots shortages of labor or materials, war, governmental laws, regulations or restrictions, of any other causes of any kind whatsoever which are beyond the reasonable control of Suite 1521. In the event of a cancellation, Suite 1521 shall use commercially reasonable efforts to notify members of such cancellation or postponement, but shall not be liable to any members for any damage caused or alleged to have been caused by the event cancellation or postponement.

9. Miscellaneous
These Terms & Conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These Terms & Conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website , Suite 1521 Membership and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal courts of New York with respect to such matters.

Terms of Use

These Terms of Use were last updated on: August 15, 2013.

1. Acceptance of Terms.
These Terms of Use set forth the terms and conditions that apply to your use of www.suite1521.com (the “Site”) offered and/or operated by Suite 1521 LLC (“Suite 1521” or “we” or “our” or “us”). By visiting our Site, you agree that you have read, understand and agree to be legally bound by these Terms of Use.
If you do not agree to these Terms of Use, please do not use the Site.
Suite 1521 may change these Terms of Use from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Site, at its sole discretion. Your continued use or accessing of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of such changes. To the extent that a court of applicable jurisdiction determines that applying any changes to these Terms of Use would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Use being deemed illusory or unenforceable. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.

2. Permitted Use.
Our Site is for your personal and non-commercial use. Our Site contains material that is derived in whole or in part from material supplied and owned by Suite 1521 and other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by Suite 1521, you agree that you will not use the Site, or duplicate, download, publish, modify or otherwise distribute or use any material on the Site for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Site other than the home page (for example, "deep linking"), without Suite 1521’ prior written consent. Use of the Site or any materials or content on the Site for any commercial or other unauthorized purpose is prohibited.

3. Membership Signup.
If you sign up to become a member, you represent and warrant to us that: (i) the contact information you provide to us is true correct and complete; (ii) credit card information you supply to us, our vendors, and our affiliates is true, correct, and complete; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. Privacy Policy.
Your use of the Site and any information provided by you or gathered by Suite 1521 or third parties during any visit to or use of the Site is governed by the Suite 1521 Privacy Policy which is incorporated by this reference. You agree to Suite 1521 collection, use and sharing of your information as set forth in the Suite 1521 Privacy Policy.

5. Copyrights.
Suite 1521 respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Suite 1521, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Suite 1521 to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Suite 1521 a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to: Suite 1521, 980 Madison Avenue, 3rd Floor, New York, NY 10075. Suite 1521 suggests that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.

6. Children’s Online Privacy Protection Act Notification.
Suite1521.com is not designed or intended for use by children under 13. If you are under 18, you should use Suite1521.com only with involvement of a parent or guardian.
Pursuant to 47 U.S.C. Section 230(d) as amended, Suite 1521 hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

7. Disclaimer of Warranties.
While Suite 1521 uses reasonable efforts to include up to date information on the Site, Suite 1521 makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
SUITE 1521 PROVIDES THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUITE 1521, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “SUITE 1521 PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SUITE 1521 DOES NOT WARRANT THAT THE SITE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.

8. Exclusion of Damages.
NONE OF THE SUITE 1521 PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF SUITE 1521 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE SUITE 1521 PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. WITHOUT LIMITING THE FOREGOING, SUITE 1521 WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF CONTENT POSTED TO THE SITE BY ANY THIRD PARTY.

9. Applicability of Disclaimers, Exclusions and Limits.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, SUITE 1521’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

10. Indemnification.
You will indemnify and hold harmless the Suite 1521 Parties, and at Suite 1521’ option defend the Suite 1521 Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Suite 1521 Parties arising out of your use of the Site or any alleged breach by you of any provision of these Terms of Use, or the infringement by you, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Suite 1521 Parties, Suite 1521 may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Suite 1521.

11. Termination.
In its sole and absolute discretion, with or without notice to you, Suite 1521 may suspend or terminate your use of and access to the Site and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification, (ii) any unauthorized access or use of the Site, (iii) any violation of these Terms of Use, (iv) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, or (v) failure to use the Site on a regular basis. Termination, suspension, or cancellation of your access rights shall not affect any right or relief to which Suite 1521 may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Suite 1521.

12. General.
These Terms of Use and the relationship between you and Suite 1521 shall be governed by the laws of the United States and the State of New York without regard to its conflict of law provisions. Any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. No failure or delay by Suite 1521 in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action arising out of, related to or connected with the use of the Site, or these Terms of Use, the Terms & Conditions or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. These Terms of Use are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Suite 1521’ prior written consent.