Terms and Conditions
Acceptance of Terms
Welcome to the Chilewich experience! This website, or any replacement site (collectively, the “Website”), is operated by Chilewich | Sultan LLC (“Chilewich”) to provide you with information about our company, history, news and products, and the opportunity to purchase these products from our online retail store. Chilewich provides you with access to our Website subject to the following Terms and Conditions, which may be updated from time to time without prior notice to you.
You can review the most current version of these Terms and Conditions at any time at: www.chilewich.com/store/service/terms. Please read these Terms and Conditions carefully. By accessing this Website, you agree that you have read and understand these Terms and Conditions and any posted updates and that you accept and agree to be bound by them. If you do not wish to be bound by these Terms and Conditions, please do not continue to use this Website.
You may browse the Website without registration, but you understand that some features of the Website may not be accessible to you unless you register. In registering for the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) certify that you are at least thirteen (13) years old. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Chilewich has reasonable grounds to suspect this, Chilewich has the right to suspend or terminate your account and to refuse any further use of the Website by you.
Registration Account and Password
You will receive a username and password as part of the registration process. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify Chilewich of any actual or suspected unauthorized use of your password or account or any other breach of security. Chilewich will not be liable for any loss or damage arising from your failure to protect the confidentiality of your password and account.
Protection of Privacy
Products for Personal Use
All products available on this Website, and any samples thereof, are for personal, non-commercial use only. You may not resell any of the products that you purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine your order violates our Terms and Conditions. If you are a wholesaler or retailer interested in purchasing items in bulk, please contact our customer service department at 888-851-7130.
Chilewich attempts to be as accurate as possible when describing its products and when depicting these products on this Website. Product colors may look different depending on your computer settings.
LIMITED PRODUCT WARRANTY
SUBJECT TO THE DISCLAIMERS OF WARRANTIES SET FORTH BELOW, CHILEWICH WARRANTS ITS PRODUCTS FOR ONE (1) YEAR AFTER PURCHASE AGAINST MANUFACTURING DEFECTS THAT RESULT IN A DETERIORATION OF PRODUCT TEXTURE OR APPEARANCE. THIS WARRANTY DOES NOT COVER DETERIORATION FROM NORMAL WEAR AND TEAR OR YOUR FAILURE TO CARE FOR CHILEWICH PRODUCTS ACCORDING TO OUR CURRENT MAINTENANCE INSTRUCTIONS. OUR MAINTENANCE INSTRUCTIONS CAN BE FOUND ON OUR WEBSITE AT http://maintenance.chilewich.com.
Disclaimers of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WITH RESPECT TO THIS WEBSITE (INCLUDING BUT NOT LIMITED TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS, AND SERVICES DESCRIBED THROUGH THE WEBSITE) AND THE PRODUCTS OFFERED FOR SALE ON IT, CHILEWICH MAKES NO REPRESENTATIONS OR WARRANTIES (APART FROM THOSE EXPLICITLY SET FORTH ABOVE) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IN NO EVENT WILL CHILEWICH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR PURCHASE, EVEN IF CHILEWICH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHILEWICH’S ENTIRE LIABILITY FOR ANY PRODUCT SALE WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY CHILEWICH FROM SUCH SALE.
Chilewich's Intellectual Property Rights
You acknowledge and agree that the Website and its contents, including, but not limited to, all photographs, information, data, text, product descriptions, software, music, sound, graphics, video, messages, tags and/or other materials (collectively, the “Content”) are proprietary or confidential information that belongs exclusively to Chilewich and is protected by applicable copyright, trademark, trade secret, patent or other proprietary rights and laws. You are not authorized to reproduce, republish, distribute, transmit, modify, sell or otherwise use the Content, or to create derivative works based on the Content, in whole or in part, without Chilewich's express written authorization. Without limiting the foregoing, you are not authorized to use the Content in order to gain a competitive advantage, for marketing purposes (including third-party solicitations), to harass, abuse or harm others, or in a way that otherwise exceeds the scope of your authorized access to this Website. In addition, you are not authorized to use, access, search or obtain data from the Content of this Website by using any deep-link, framing, page scrape, robot, spider or other automatic device, program, algorithm or similar methodology. Chilewich grants you a personal, non-transferable and non-exclusive right and license to use the Content on a single computer for non-commercial purposes only and subject to all other Terms and Conditions herein. Any unauthorized use terminates the permission or license granted by Chilewich.
The Chilewich and Chilewich | Sultan names and associated product names are trademarks or registered trademarks of Chilewich (the “Chilewich Marks”). You are not authorized to display or use in any manner any Chilewich Mark without our prior written consent.
The product designs and product materials used for Chilewich's products are the exclusive property of Chilewich and are protected by applicable copyright and other proprietary rights and laws. You are not authorized to reproduce, sell or otherwise use these designs or materials, in whole or in part. Chilewich takes its intellectual property rights seriously and monitors for and vigorously pursues any infringers.
Information Sent to Us
We welcome and encourage your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via email, our Website, or any other method. We will not compensate you for any submissions that we use. By submitting such materials, you grant Chilewich a perpetual, worldwide, irrevocable, royalty-free license to use those materials in any way Chilewich deems appropriate. You expressly agree that you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and you will solely bear any liability related to your submission of such materials.
User Submitted Content and User Conduct
Any content you have made available to us, whether uploaded, posted, submitted, or otherwise provided to us or on our Website, including without limitation your reviews of products, content from your social media account(s), or any other content which does not originate with us (“User Content”), is your sole responsibility. You represent and warrant that you own any User Content or have permission to provide any User Content that you make available to us. Under no circumstances will Chilewich be liable in any way for any User Content made available on or through our Website.
Chilewich does not claim any copyrights in original works created and/or posted by you. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our Website or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
We may not moderate all product reviews or User Content on certain other areas of our Website, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Content.
You agree that you will not use our Website to transmit or make available any content that:
- violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
- infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
- contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual;
- you know or have reason to know is false, misleading, or fraudulent;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- employs any techniques to disguise the origin of the content submitted;
- contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
- incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment; or
- contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Website to:
- engage in any conduct which might be harmful to any individual;
- impersonate or misrepresent your affiliation with any person or entity;
- engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
- or engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Website, servers or networks connected thereto (e.g., using a bot to overload our product review feature). We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on our Website or prohibit your access to our Services in the event of a violation of these Terms and Conditions.
Notification of Claimed Copyright Infringement
In the event that you find content posted on our Website which you believe is an infringement of the copyright ownership or other intellectual property rights of yourself or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
- your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
a statement under penalty of perjury that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
Chilewich Copyright Admin
39 West 19th Street
New York, NY 10011]
By email: firstname.lastname@example.org
In accordance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to terminate use of our Website by repeat infringers in appropriate circumstances. We reserve this right for all users, regardless of their geographic location.
UNLESS OTHERWISE PROHIBITED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CHILEWICH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, COSTS OR DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY ANY THIRD PARTY ARISING FROM OR RELATED TO YOUR MISUSE OF THIS WEBSITE OR YOUR MISCONDUCT IN CONNECTION THEREWITH IN VIOLATION OF THESE TERMS AND CONDITIONS.
Links to Other Sites
Chilewich does not make representations or warranties about any website that you may be able to access through this Website. Chilewich does not endorse, monitor or assume any liability for the information provided or activities undertaken by any such website.
Chilewich’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
UNLESS PROHIBITED BY LAW, THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN YOU AND CHILEWICH WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES.
LIMITATIONS ON PERIOD TO BRING CLAIMS
ANY CLAIMS RELATING TO THE USE OF THE WEBSITE OR PURCHASE OF ANY PRODUCTS OFFERED ON THIS SITE MUST BE BROUGHT IN ARBITRATION (AS SET FORTH BELOW) WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION AROSE.
ARBITRATION AND CLASS ACTION WAIVER
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TO YOUR USE OF THE WEBSITE OR PURCHASES OF ANY PRODUCTS MADE THROUGH THIS WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. BY PARTICIPATING IN ARBITRATION, YOU ALSO WAIVE YOUR RIGHT TO SUE OR TO GO TO COURT TO SECURE RELIEF.
THE ARBITRATION WILL BE CONDUCTED IN NEW YORK, NEW YORK, AND BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS THEN-APPLICABLE RULES, INCLUDING (AS APPROPRIATE) ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA'S RULES ARE AVAILABLE AT http://www.adr.org/.
PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING. JUDGMENT ON THE ARBITRAL AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
IN THE EVENT THAT THIS ARBITRATION PROVISION IS DEEMED TO BE UNENFORCEABLE BY ANY COURT, ALL ACTIONS MUST BE BROUGHT IN THE COURTS LOCATED IN THE STATE OF NEW YORK, COUNTY OF NEW YORK.
Chilewich | Sultan LLC
39 West 19th Street
New York, NY 10011