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TERMS & CONDITIONS

TERMS & CONDITIONS 

Last Revised: September 2012

The following Terms & Conditions govern the use of Byronesque Ltd’s website, www.Byronesque.com (the “Site”), together with the Privacy Policy.

By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by these terms, including the privacy policy, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these terms, please do not access or use the Site or any of its content.

These terms may be revised or updated from time to time. Accordingly, you should check the terms regularly for updates. You can determine when the terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current terms. Any material changes in these terms take effect upon posting and apply only to use of the Site and information collected from you on and after last revised date, unless we provide notice or have other communications with you.

Our Content

The content available through the Site, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials, including the look and feel of the Site (the “content”) is the sole and exclusive property of Byronesque, its licensors, contributors, retail partners, designers or other content providers (collectively, “content providers”). The content is made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any content. Any use of the Site or content in any way not expressly permitted by these terms is prohibited, and may be actionable under United States or international law.

You acknowledge and agree that, as between Byronesque and you, all right, title, and interest in and to the Site and the content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Byronesque or its content providers and are protected by United States intellectual property and other applicable laws. We respect the intellectual property of others. If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at Editorial@Byronesque.com.

Copyright: All content is the copyright and property of Byronesque or its content providers and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, upload, resell, exploit, rent, publicly display or perform, edit, adapt or create a derivative work of any portion of the Site or the content, for any purpose, other than as expressly authorized by Byronesque in writing.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Byronesque or its content providers. Without limitation, BYRONESQUE® is a trademark registered in the United States Patent and Trademark Office owned by Byronesque, Ltd. Any names or trademarks that appear on the Site are the property of their respective owners, and do not constitute or imply affiliation, endorsement or recommendation by Byronesque of the other parties, or by the other parties of Byronesque. Authenticity: The vintage items we sell have been researched and authenticated by our team of fashion historians prior to being sold on the site. To the best of our knowledge all designer items are authentic and all items are 20 years or older. If you believe that an item you have purchased is not authentic or has been misattributed, please contact us at customerservice@Byronesque.com.

Opinions

The Site may contain viewpoints, opinions and statements of third parties, collaborators and other organizations. Byronesque does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk.

Permitted Users

The Site is directed to persons 18 years of age or older. Some content on the Site may contain adult language or material and be unsuitable for persons under the age of 18. Byronesque does not knowingly collect information from children under age 18. If you provide information to the Site, you represent and warrant to Byronesque that you are 18 years of age or older.

If you are a parent or guardian and believe Byronesque may have inadvertently collected personal information from your child under age 18, please notify Byronesque immediately by sending an email to customerservice@byronesque.com detailing the basis of your belief and your request.

Links to Other Websites

The Site contains advertisements, postings and links to other websites operated by third parties. Byronesque provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. Such advertisements, postings, links or references to other parties’ products, services or websites do not imply endorsement of these websites, products or services. The advertisements, postings and linked sites are not under the control of Byronesque and we have no control over, or responsibility for, their content or privacy practices. Byronesque disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Byronesque is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other website or resource.

Nonconfidential information

Except for information necessary to place an order, do not send to us any confidential or proprietary information. Any information, materials, suggestions, ideas or comments sent to us will be considered nonconfidential, and, by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

Disclaimers and Limitation of Liability

THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. BYRONESQUE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK.

BYRONESQUE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYRONESQUE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR THE CONTENT, EVEN IF BYRONESQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

Indemnification

You agree to defend, indemnify and hold Byronesque, its affiliates and their respective directors, officers, employees, representatives, successors, agents, subsidiaries, licensors, licensees, service providers, advertisers and others acting in concert with them, harmless from and against any loss, liability, claim, or demand, including without limitation reasonable attorneys' fees, made by your or on your behalf or by any third party due to or arising out of (1) your use or reliance on the Site or any content, products or services, your dealings in connection with the Site; (2) your violation of these terms, any applicable laws, or the rights of Byronesque, its content providers, or any third party; and (3) any activity related to your personal shopping account on the Site, or any other person accessing the Site using your personal shopping account.

Modification, Suspension and Termination

Byronesque reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the website or content, or your access to the website or content, or any portion thereof, for any reason, including without limitation any breach by you of these terms, with or without notice. You agree that Byronesque will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Notice Required by California Law: Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, address and telephone number of the provider of this service is Byronesque.com Ltd, 177 Ludlow Street, New York, New York, 10002. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to customerservice@byronesque.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

Governing Law and Disputes

Any dispute between you and Byronesque arising from or relating to these terms, the privacy policy, the Site or its content, shall be governed by, and will be construed in accordance with, the laws of the State of New York, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for the Borough of Manhattan, New York, New York, U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (1) No claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) You have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Byronesque does not represent that the Site or content are appropriate outside the United States of America. Byronesque reserves the right to limit the availability of the Site for any person, geographic area or jurisdiction at any time in its sole discretion.

Miscellaneous

If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Byronesque’s failure to act with respect to any failure by you or others to comply with these terms does not waive Byronesque’s right to act with respect to subsequent or similar failures. These terms, together with the privacy policy, set forth the entire understanding and agreement between you and Byronesque with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these terms or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under these terms without the prior written consent of Byronesque, and any assignment or transfer in violation of this provision shall be null and void. Byronesque reserves the right to seek all remedies available at law and in equity for violations of these terms or special terms or rules set forth on the Site, including without limitation the right to block access from a particular internet address.

Questions

If you have any questions about these terms or the privacy policy, please contact us at customerservice@Byronesque.com.

We don’t look like anyone else.
We’re not borrowing from the past.

We’re the future of fashion.