TERMS OF SERVICE The following TOS and Service and any other rules posted on our Site (collectively the "TOS") constitute an agreement between ABASI ROSBOROUGH ("we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the ABASI ROSBOROUGH website and related micro-sites accessed through the URL www.abasirosborough.com and related domain names, and any other website or micro-site of ABASI ROSBOROUGH (collectively the "Site").
By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified TOS.
Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through ABASI ROSBOROUGH is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the ABASI ROSBOROUGH terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to ABASI ROSBOROUGH, whose applications are acceptable to ABASI ROSBOROUGH and who have authorized ABASI ROSBOROUGH to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. ABASI ROSBOROUGH reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where ABASI ROSBOROUGH feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
ABASI ROSBOROUGH offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to ABASI ROSBOROUGH. ABASI ROSBOROUGH will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at ABASI ROSBOROUGH. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State. No other tax or import duty will be applied to orders shipped within the USA.
All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
ABASI ROSBOROUGH is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your ABASI ROSBOROUGH account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and ABASI ROSBOROUGH will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of New York, USA, and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, Visa Electron, Visa Debit, MasterCard, American Express, Maestro debit cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by ABASI ROSBOROUGH. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to ABASI ROSBOROUGH, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple, and secure, ABASI ROSBOROUGH uses Secure Socket Layer (SSL) technology via Squarespace. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
ABASI ROSBOROUGH insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by ABASI ROSBOROUGH, and transfer of responsibility in the same way.
The signature can be waived for domestic orders dispatched via UPS. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that ABASI ROSBOROUGH can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize ABASI ROSBOROUGH to leave the package(s) at the shipping address without obtaining a signature and release and indemnify ABASI ROSBOROUGH from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. ABASI ROSBOROUGH is not responsible for any delays caused by destination customs clearance processes.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including ABASI ROSBOROUGH Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by ABASI ROSBOROUGH and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. ABASI ROSBOROUGH tries to ensure that the information on this site is accurate and complete. ABASI ROSBOROUGH does not promise that ABASI ROSBOROUGH 's Content is accurate or error-free. ABASI ROSBOROUGH does not promise that the functional aspects of the Site or ABASI ROSBOROUGH 's Content will be error free or that this Site, ABASI ROSBOROUGH Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than ABASI ROSBOROUGH, including advertisers or press. ABASI ROSBOROUGH has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While ABASI ROSBOROUGH will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of New York.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless ABASI ROSBOROUGH immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
· A statement that you have 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
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact ABASI ROSBOROUGH as follows:
GENERAL LEGAL TERMS
(a) Complete Terms: The TOS constitute the whole legal agreement between you and ABASI ROSBOROUGH and govern your use of the Services and completely replace any prior agreements between you and ABASI ROSBOROUGH in relation to the Services. Notwithstanding the foregoing, you understand that ABASI ROSBOROUGH may make changes to the TOS from time to time. When these changes are made, ABASI ROSBOROUGH will make a new copy of the TOS available at http://www.abasirosborough.com. You agree that ABASI ROSBOROUGH is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
(b) Modifications to the Services: ABASI ROSBOROUGH is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ABASI ROSBOROUGH provides may change from time to time without prior notice to you. You further acknowledge and agree that ABASI ROSBOROUGH may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ABASI ROSBOROUGH 's sole discretion, without prior notice to you.
(c) Confidentiality: You understand that ABASI ROSBOROUGH grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ABASI ROSBOROUGH reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that ABASI ROSBOROUGH has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which ABASI ROSBOROUGH may suffer) of any such breach.
(e) Rights Not Waived: You agree that if ABASI ROSBOROUGH does not exercise or enforce any legal right or remedy which is contained in the TOS (or which ABASI ROSBOROUGH has the benefit of under any applicable law), this will not be taken to be a formal waiver of ABASI ROSBOROUGH 's rights and that those rights or remedies will still be available to ABASI ROSBOROUGH.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
(g) Governing Law: The TOS, and your relationship with ABASI ROSBOROUGH under the TOS, shall be governed by the laws of the State of New York. You and ABASI ROSBOROUGH agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(h) Violation of TOS: Please report any violations of the TOS by emailing firstname.lastname@example.org.
(i) Independent Relationship: You and ABASI ROSBOROUGH are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and ABASI ROSBOROUGH. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorised to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorised so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.