Terms of Use
TERMS OF USE
I. TERMS OF USE
Last Updated: April 30, 2024
The Site is made available to you by AM Retail Group, Inc., 512 Seventh Avenue, New York, New York 10018 (collectively, "AMRG" or "we" or "us"). Any reference to “AMRG” shall include AM Retail Group, Inc. and all of its parents, subsidiaries and affiliates.
These Terms of Use (the “Terms”) govern your use of the website located at www.karllagerfeldparis.com and any other website, microsite, mobile device application, or Internet property owned, or operated by us on which these Terms reside (collectively, the “Site”).
This Site is intended for and applicable only for users age 18 or older. If you are under 18 years of age, you may not use the Site. By accessing the Site in any way, including, without limitation, browsing the Site, using any information, and/or submitting information to the Site, you agree to and are bound by these Terms. From time to time we may update the Site and these Terms. Your use of the Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. AMRG may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site with or without notice to you. You agree that you do not have any rights in the Site and that AMRG will have no liability to you if the Site is discontinued or your ability to access the Site, or any content you may have posted on the Site, is terminated. In addition to reviewing this Agreement, please read our Privacy Policy . Your use of the Site constitutes agreement to our Privacy Policy, as well.
NOTICE REGARDING DISPUTE RESOLUTION. THESE TERMS CONTAIN A CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND CONTRADUAL LIMITATIONS PERIOD, AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE DISPUTES. Please see the Dispute Resolution section for complete details and review carefully.
a) RIGHTS IN MATERIALS
As between you and AMRG, AMRG owns the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.) (collectively, “Content”), code, data and materials on the Site, and the look and feel, design and organization of the Site. This includes all intellectual property and proprietary rights in these materials. When you use or download the Site you do not acquire any ownership of any such Content, code, data or materials.
The Site is only for your personal, non-commercial use. You may not make any commercial use of the Site, or any Content, code, data or materials on the Site, unless you have received our prior written permission.
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any Content, code, data or materials on the Site. Your failure to comply with these Terms will constitute breach of contract and will violate AMRG’s copyright, trademark and other proprietary rights. AMRG will enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
b) TRADEMARKS
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of AMRG (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that defames or discredits AMRG or the applicable rights holder. We will enforce our rights in our Trademarks to the fullest extent of the law, including by seeking criminal prosecution.
c) NO LICENSE
Nothing herein shall be construed as conferring by implication, estoppel or otherwise any license or right to use any Trademark, copyright, or other proprietary right of AMRG.
d) PRIVACY
AMRG collects your personal information when you use the Site, or you make be asked to provide certain personal information with us. Information on how we collect and use your personal information is provided in our Privacy Policy . If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.
If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify AMRG immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. AMRG is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
e) USE OF THE SITE
You are responsible for your use of the Site and your account. Our goal is to create a positive and safe experience when you and others use Site. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not: (i) violate any law or regulation; (ii) violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights; (iii) transmit anything that is illegal, abusive, harassing, defamatory, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate; (iv) make statements or post materials that are false or misleading; (v) collect or store personal data about other users; (vi) send unsolicited or unauthorized advertising or commercial communications, such as spam; transmit any malicious or unsolicited software; (vii) stalk, harass, or harm another individual; impersonate or misrepresent your affiliation with someone else; (viii) use any means to "scrape," "crawl," or "spider" any web pages contained in Site (although AMRG may allow operators of public search engines to use spiders to index materials from Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and AMRG reserves the right to revoke these exceptions either generally or in specific cases); (ix) use automated methods to send more requests to AMRG servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or (x) interfere with or disrupt the Site.
f) TERMINATION
AMRG may change, suspend or discontinue any aspect of the Site or the Site’s services at any time. If you violate any of these Terms, your permission to use the Site automatically terminates.
g) USER CONTENT
As between you and AMRG, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through the Site (collectively, "User Content"). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way.
You grant AMRG and its affiliates, representatives and assigns the right to use any or all your User Content, anywhere in the world for an unlimited period of time, in connection with the Site for any commercial or non-commercial purposes. We may exercise these rights without notice to you and without paying any compensation to you. We may modify your User Content in our discretion. AMRG is not required to host, display, or distribute your User Content and we may remove or edit it at any time. AMRG may cancel your account and delete all User Content associated with your account at any time, and without notice, if AMRG deems that you have violated these Terms, the law, or for any other reason. AMRG assumes no liability for any information removed from the Site, and reserves the right to permanently restrict access to the Site or a user account.
You promise that: (i) you own or have acquired all of the rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Content) necessary for you to grant to AMRG the usage rights in your User Content as described in these Terms; (ii) you have paid and will pay in full any financial obligations, of any kind, arising from any use of your User Content; (iii) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age in their territory where they can legally grant such permission themselves) who appears or is heard in your User Content to enable you to grant the rights to AMRG described in these Terms; (iv) you will make such permissions available to AMRG upon request; (v) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (vi) your User Content complies with these Terms.
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing promises and to make such records available to AMRG upon AMRG's request.
We may, but are not required to, monitor and review your User Content.
AMRG does not endorse or control the User Content transmitted or posted on the Site and therefore, we are not responsible for it. We do not guarantee the accuracy, integrity, or quality of User Content and User Content may not necessarily reflect the views of AMRG. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. We will not be liable to you in any way for any User Content for which we are not responsible, including, for example, for any errors or omissions in any User Content, or for any loss or damage of any kind experienced by you if you use or rely on any User Content made available via the Site.
h) FEEDBACK
If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback shall be deemed the property of AMRG, and your submission of information shall constitute an assignment to AMRG of all rights, titles, and interests in such information. All Feedback shall be non-confidential.
i) DIGITAL MILLENNIUM COPYRIGHT ACT
AMRG respects the intellectual property rights of others. Upon proper notice, AMRG will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, AMRG has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send AMRG’s copyright agent (listed below) a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit AMRG to locate the material on the Site; (iii) information reasonably sufficient to permit AMRG to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; (vi) and your physical or electronic signature.
Please send all of the information listed above to the following AMRG copyright agent:
Jodi Sarowitz
AM Retail Group, Inc.
512 Seventh Avenue
New York, NY 10018
Tel: 212-403-0619
Fax: 212-768-5887
Please do not send notices or inquiries unrelated to alleged copyright infringement to AMRG’s designated agent.
j) THIRD PARTY WEBSITES
AMRG marks no warranties of any kind regarding any non-AMRG websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included only for your convenience, and AMRG makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in non-AMRG sites.
k) INDEMNIFICATION
Please note that this Indemnification section does not apply to consumers located in New Jersey.
You will fully compensate us and our directors, officers, members, managers, employees and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs and expenses incurred as a result of a claim made by a third party, including reasonable legal fees costs, arising from your misuse of the Site or your breach or violation of law or these Terms. We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim. This provision does not require you to indemnify AMRG for any unconscionable commercial practice by the third party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site.
l) DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
PLEASE READ THIS ENTIRE SECTION (“DISPUTE RESOLUTION”) CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A CONTRACTUAL LIMITATIONS PERIOD, AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS.
THIS SECTION APPLIES TO ANY DISPUTE BETWEEN YOU AND AMRG (EACH, A “PARTY;” TOGETHER, THE “PARTIES”) ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OUR PRODUCTS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH AMRG, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (EACH, A “DISPUTE”), INCLUDING, BUT NOT LIMITED TO:
- DISPUTES THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT (INCLUDING, BUT NOT LIMITED TO, DISPUTES RELATING TO ADVERTISING);
- DISPUTES THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
- DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS.
Notwithstanding the provisions herein, if you in any manner violated AMRG’s intellectual property rights, we may bring suit in any state or federal court in the State of New York. Additionally, notwithstanding the provisions herein, either you or AMRG may bring a Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply. The route to small claims court shall only be the result of a direct filing by you or AMRG. As set forth below, a Dispute commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules.
THIS ENTIRE SECTION DISPUTE RESOLUTION AND ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT OR THE PARTIES’ RELATIONSHIP OR THE END OF YOUR USE OF THE SITE.
TIME LIMITS
To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Dispute is considered commenced at the time the Notice in the Informal Dispute Process section is sent, as defined below. To the extent a Dispute is filed in court or arbitration without first providing such notice (which would be contrary to these terms, as set forth below), the Dispute is deemed commenced at the time of such filing.
MANDATORY INFORMAL DISPUTE RESOLUTION FOR ALL DISPUTES
Before either Party may file a lawsuit or seek arbitration, the Parties agree to engage in pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days (“Informal Dispute Process”). During that time, the Parties will communicate directly about any Dispute and attempt to resolve it without either initiating a lawsuit or arbitration. To commence the Informal Dispute Resolution Process, you or AMRG must send to the other party a written notice of Dispute ("Notice") describing the facts and circumstances of the Dispute and the specific relief sought and including any supporting documentation. Your Notice must be mailed via certified or registered mail with proof of receipt to us at G-III Apparel Group, Ltd., 512 Seventh Avenue, New York, NY 10018 Attention: Legal. We will send any Notice to you at your last-used billing address or the billing and/or shipping address in your online profile.
Completion of this “Informal Dispute Process” and expiration of the sixty (60) day period shall be an express condition precedent to either Party commencing a lawsuit or filing and serving an Arbitration Demand. You and AMRG agree that any action commenced in court or arbitration without first exhausting the Informal Dispute Process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action.
CLASS WAIVER; JURY TRIALWAIVER; VENUE—
WHERE PERMISSIBLE, DISPUTES SHALL BE BROUGHT IN COURT ON AN INDIVIDUAL BASIS
YOU AND AMRG AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. ADDITIONALLY, YOU AGREE THAT YOU WILL NOT BE A MEMBER OF ANY PUTATIVE OR ACTUAL CLASS IN A CLASS ACTION BROUGHT BY ANYONE ELSE AGAINST AMRG, NOR WILL YOU SEEK TO BECOME A CLASS REPRESENTATIVE. YOU FURTHER AGREE THAT IN ANY ACTION YOU INITIATE AGAINST AMRG, ANY RELIEF YOU SEEK WILL BE CONFINED TO RELIEF ON YOUR OWN BEHALF.
Together, the terms in the preceding paragraph shall be called and operate as the “Class Waiver.”
Where permissible, and to the fullest extent permitted by applicable law, Disputes must be brought in state or federal court, and only on an individual basis in accordance with the Class Waiver. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury, and the Parties mutually waive their right to have their Dispute decided by a jury.
ARBITRATION CLAUSE
In jurisdictions in which the Class Waiver is unenforceable as to Disputes brought in court, but would be enforceable under the Federal Arbitration Act as to Disputes brought in arbitration, You and AMRG agree that DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. However, notwithstanding the severability provision below, if the Class Waiver is found to be void or unenforceable as to an arbitration, then the terms of this Arbitration Clause subsection shall not apply and the Dispute shall proceed and be resolved in state or federal court, NOT by binding arbitration.
THE U.S. FEDERAL ARBITRATION ACT SHALL APPLY TO THIS AGREEMENT. BY CONSENTING TO ARBITRATION, YOU AND AMRG DO NOT LIMIT IN ANY WAY EITHER PARTY’S STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER PARTY WOULD BE ENTITLED WERE A DISPUTE BEING HEARD IN A COURT.
Any arbitration shall be heard in and administered by the American Arbitration Association (AAA) and be governed by the AAA Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date such action is commenced. You can find the AAA Rules and the Demand for Arbitration Form at www.adr.org. You and AMRG empower the arbitrator(s) with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any Dispute that all or any part of these Terms are void or voidable. The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for any Arbitration Demand, Answer, and other claims. The arbitrator shall issue a reasoned award.
You and AMRG agree to opt out of Rule 9 of the Consumer Arbitration Rules, Small Claims Option for the Parties, and waive the right to return any Dispute to Small Claims Court at any time after the filing of an Arbitration Demand under the applicable AAA rules. You and AMRG agree that Confidential information of either Party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Settlement Offers. In any arbitration, the defending Party may make a written settlement offer at any time before the final hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an Award. To the extent enforceable, if the Arbitrator’s Award is in the defending Party's favor, or in the other Party's favor but is for less than the defending Party's settlement offer, the recipient of the offer must pay the defending Party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the Party bringing the Dispute may be entitled.
Special Procedures for Mass Filings. To the extent an arbitration falls within the AAA’s definition of a Mass Arbitration, the Parties agree to be bound by the procedures set forth in the AAA’s Mass Arbitration Supplementary Rules effective on January 15, 2024, as amended thereafter, and that the additional procedures set forth below shall apply, unless the Parties jointly agree otherwise.
The Parties shall each select 25 Disputes per side (50 Disputes total) to proceed in individual arbitrations as part of the first stage in a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the Parties agree otherwise in writing. Any remaining Disputes shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Disputes unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Informal Dispute Resolution procedures are initiated (so long as the pre-arbitration Notice complies with the requirements herein), until a given Dispute is selected to proceed as part of the staged process herein, or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge and AMRG shall pay the mediator’s fee. If the remaining Disputes are not resolved at this time, the Parties will continue the same staged process, as set forth in this Special Procedures for Mass Filings section, by arbitrating a maximum of 50 individual Disputes at a time (25 Disputes selected by each Party), until the Parties are able to resolve all of the Disputes, either through settlement or arbitration.
Notwithstanding the provisions herein, in Mass Arbitrations consisting of more than 50 Disputes total, either party may opt out of arbitration and elect to have the Disputes heard in court.
Enforcement. A court of competent jurisdiction shall have the authority to enforce this entire Arbitration Clause and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees.
m) JURISDICTION AND VENUE
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any conflict of law principles. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.
n) DISCLAIMER
PLEASE NOTE THAT THIS SECTION ON DISCLAIMER DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY. THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING: INFORMATION AND CONTENT AVAILABLE ON THE SITE; UPTIME OR UNINTERRUPTED ACCESS TO THE SITE; TITLE; NON-INFRINGEMENT; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS. WE ARE NOT RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR FROM DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
o) LIMITATION OF LIABILITY
PLEASE NOTE THAT THIS SECTION ON LIMITATION OF LIABILITY DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, NEITHER AMRG NOR OUR AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (the “Released Parties”) WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, OR NEGLIGENCE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
p) APPLICABLE LAWS
We make no representation that materials on the Site are appropriate, available or legal in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with applicable local laws, if and to the extent local laws are applicable. The validity and interpretation of these Terms and the legal relations of the parties to it shall be governed by the laws of the State of New York without regard to its conflict of laws principles.
q) MISCELLANEOUS
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. All rights not expressly granted herein are reserved. Both you and AMRG acknowledge and agree that no partnership is formed and neither of you nor AMRG has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and AMRG, and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and AMRG regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Certain functionalities available on the Site may be covered by U.S. Patent No. 5,930,474.
r) SEVERABILITY
If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Terms section will continue in full force and effect. However, nothing in this Paragraph shall change the Parties’ agreement that if the Class Waiver is found to be void or unenforceable as to an arbitration, then the Arbitration Clause shall not apply and the Dispute shall proceed and be resolved in court rather than in arbitration.
II. TERMS OF SALE
Last Updated: April 30, 2024
PLEASE READ THESE TERMS OF SALE (THE “TERMS OF SALE”) CAREFULLY BEFORE PLACING AN ORDER WITH US. These Terms of Sale incorporate by reference the above Terms and our Privacy Policy, and any capitalized terms in those agreements shall have the same meaning here. These Terms of Sale set out the legal terms that apply to your purchase of Products (as defined below) from AMRG.
Your purchase of any of the Karl Lagerfeld Paris products (the “Products”) is subject to these Terms of Sale and by placing an order for any Product you agree to be bound by them. Use of your personal information submitted to or via the Site is governed by our Privacy Policy.
From time to time we may update these Terms of Sale. Your use of the Site and purchase of any Product after we post any changes constitutes your agreement to those changes.
a) ORDERS FOR PRODUCTS
You may only order Products if you are 18 years old or older. If you wish to purchase the Products, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to AMRG and its service providers, as applicable. You agree to pay all applicable taxes. If payment is not received by us or our service providers from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or our service providers.
b) PRODUCT INFORMATION
We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter, and we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. You agree that you will not use the Products for any commercial, business or re-sale purposes.
c) ORDERING AND AVAILABILITY
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by submitting an order, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between you and us in relation to the Product(s) ordered (“Contract”) will only be formed when we send you the Dispatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.
d) DELIVERY
Please see our Shipping & Delivery policy for more information.
e) RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
f) PRICE AND PAYMENT
The price of Products is as quoted on the Site from time to time.
Prices are subject to taxes to be paid by the purchaser, where applicable, and do not include shipping and handling, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen delivery method.
Prices and delivery costs can to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
From time to time we may run promotions where we issue discount codes, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
g) RETURN OF PRODUCTS
Please see our Return & Exchange policy for more information.
h) FAULTY PRODUCTS
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
To contact us with any questions or concerns in connection with these Terms or the Site, please refer to our Contact Us page.