Terms & conditions
17. Choice of Law
24. Customer Service
Additional terms and conditions may apply to some services offered on the Site. When necessary, such terms and conditions will be available for review at the place where the relevant service is offered. Other terms and conditions, such as general conditions of sale and ESCADA’s return policy, may also apply to your purchase of products from the Site. By purchasing products from ESCADA, you agree to these additional terms and conditions.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Escada on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
2. Prohibited Uses and Refusal of Service
All content on the Site is the property of ESCADA or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the content without the prior express written consent of ESCADA or its content suppliers.
Any attempt to interfere with this Site, ESCADA’s computer networks or network security, or any third-party service providers is a violation of this Agreement. Any attempt to gain unauthorized access to accounts, computers, or networks related to or used in connection with the Site is prohibited. Use of any robot, spider, data mining tool, web tool, engine, software, device, or mechanism to access data on the Site is also prohibited unless expressly authorized in writing by ESCADA.
ESCADA reserves the right to refuse service for any reason without explanation. ESCADA may also restrict access to services on the Site, including, but not limited to, restricting the number of orders that a user may place on the Site at any one time, without notice or penalty.
We have the right to make all judgments concerning any inappropriate, illegal, or prohibited use of the Site, whether contained within this Agreement or not, in our sole, exclusive, and complete discretion. We reserve the right, also in our sole discretion, to determine whether and what action to take in response to any violation or potential violation of this Agreement, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint or situation.
3. Changes to the Site
The content of this Site is subject to changes or revision. By continuing to use this Site after we post any such changes, you accept this Agreement, as modified on a prospective basis. We may change, restrict access to, suspend or discontinue the Site, or any portion thereof, at any time, without notice or penalty.
ESCADA respects the privacy of our customers and has policies in place to help ensure that customer information is handled appropriately. You may review these policies here.
5. Product Information, Site Reliability, and Shipments
ESCADA strives to keep this Site accurate and up-to-date, but we cannot guarantee that all information, including that related to pricing, inventory, availability, colors, designs, or sizes, is always accurate. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site and ESCADA is not responsible for any errors regarding product information on this Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
ESCADA cannot guarantee the reliability of this Site or any third-party service providers that are linked to from the Site. Internet speed and reliability may vary depending on the User’s computer, internet connection, service provider, etc. ESCADA bears no responsibility or liability for any consequences resulting from service disruptions or inconsistencies.
ESCADA uses third-party vendors to ship products. ESCADA bears no responsibility or liability for any delays or damage to products that occur while products are in transit or thereafter.
6. Content Permission & Restrictions
Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.
Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content.
Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.
7. Credit Card Processing
ESCADA processes payments through a third-party. It neither retains nor has access to credit card information submitted to third-parties in connection with purchases made through this Site. ESCADA will not be responsible or liable for any errors, delays, or damages caused by a third-party’s payments processing system.
8. Email Communication
By making a purchase on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
9. Confirmation of Orders
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
10. Cancellation or Refusal of Orders
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. For example, ESCADA may set a minimum or maximum purchase order value for purchases through the Site, or restrict the number of products that can be purchased at one time or over a set period of time. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or that otherwise violate this Agreement.
11. Merchandise & Availability
The merchandise sold through the Site is intended to comply with U.S laws and regulations. If you are a non-U.S based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. Please also note, however, that by using the Site you are agreeing to be bound by U.S. law.<
Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You can always verify availability by calling Customer Service at 1-800-869 8424. You will receive a shipping confirmation e-mail once your items have shipped. Click here for more information on shipping.
12. Registration, Accounts and Passwords
You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.
If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.
13. Resale of Product & Order Acceptance
The Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. In addition, we do not accept orders from any resellers, dealers, exporters, or distributors who may resell the products offered by us. We reserve the right to immediately bar access to the Site and terminate the account of any user who violates this provision.
ESCADA understands that sometimes it is just not the right fit. Therefore returning an ESCADA item is free of charge. Simply use the return slip that will be enclosed in your order and follow the instructions. To help us improve our service, we also ask you to fill out a customer feedback form indicating the reason for the return and send the form back to us along with the product or merchandise that you are returning.
15. User-Generated Content
Certain features of the website may allow you to post information to the website (“public posting areas”). For example, you may be able to post a comment about a particular product, service, article, or blog post that ESCADA features on the Site, or you may be able to participate in a forum for users of the website. ESCADA does not, and cannot, review every user-generated posting made on this Site or on social media sites. These public posting areas feature content, information, and opinions from a variety of individuals and organizations other than ESCADA. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, a featured guest, or from a member of our staff.
Each user is solely responsible for the materials he or she posts to this Site. ESCADA does not direct or control the messages, information, or other content that you or others may provide through public posting areas. By posting or submitting any material to the Site, you warrant and represent that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement, but may also subject you to legal liability for infringement of copyright, trademark, or other intellectual property rights.
By using the Site, you agree not to submit, post, or transmit through this Site any material or otherwise engage in any conduct that:
Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions or accounts of, sexual acts;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, religion, ethnicity, age, disability, sex, sexual orientation, gender, or gender identity;
Impersonates any person, business, or entity, including ESCADA and its employees and agents, or falsely state or otherwise misrepresent your affiliation with any person, business or entity;
Contains an advertisement or solicitation or encourages others to make a donation;
Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
Results in the posting or transmission of any message anonymously or under a false name;
Permits any person to access, using your account, any features of the Site that may require registration;
Results in a single message being posted to more than five areas of the Site, results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of this Agreement; or
Although ESCADA cannot monitor all content submitted through public posting areas, it retains the right to monitor such content and to determine compliance with this Agreement. ESCADA also retains the right, in its sole discretion and for any reason, to edit, move, delete, or refuse to post any material submitted through the Site. ESCADA also reserves the right to disclose any information that ESCADA believes necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
16. Third-Party Websites
This Site may include links to third-party websites. The policies on these sites related to terms or conditions of use and privacy may differ from ESCADA’s policies and ESCADA is not responsible for the terms of conditions and policies of the third party sites that are accessible from the Site. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by ESCADA.
UNDER NO CIRCUMSTANCES WILL ESCADA BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY WEBSITES.
17. Choice of Law
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.
18. Disclaimer of Warranties
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ESCADA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ESCADA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ESCADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ESCADA DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; SERVERS ON WHICH THE SITE OPERATES; OR EMAIL SENT FROM ESCADA, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
19. Limitation of Liability
ESCADA WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, ESCADA'S SOLE AND EXCLUSIVE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR PURCHASE OF MERCHANDISE FROM THIS SITE. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ESCADA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE EXCLUSIONS OR LIMITATIONS IN THIS AND THE “DISCLAIMER” SECTION ABOVE MAY NOT APPLY TO YOU. NOTE THAT THE LIMITATIONS IN THIS “LIMITATION OF LIABILITY” SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to have been superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
21. Termination of Service
ESCADA grants you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third-party for doing so. ESCADA may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
ESCADA may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in ESCADA's sole discretion you fail to comply with any provision of this Agreement.
Any claim or cause of action you may have with respect to ESCADA or the Site must be commenced within one (1) year after the claim or cause of action arose. THIS LIMITATION ON COMMENCING CLAIMS OR CAUSES OF ACTION AGAINST ESCADA IS NOT APPLICABLE TO NEW JERSEY RESIDENTS.
22. Agreement to Arbitrate
By visiting the Site or otherwise making a purchase from the Site, you and Escada agree that, if there is any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of them ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
To Escada: by E-Mail to [email protected] or by mail to ESCADA Online US LLC, 26 Main Street, Suite 101, Chatham, NJ, 07928 or to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Escada agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. for binding arbitration under its rules then in effect in the New York, New York, USA area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of this Agreement, to any other party. Any attempt by you to do so is void.
24. Customer Service
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact our Customer Service team by e-mail at [email protected].
Last Updated: 11/28/2016