The following Terms and Conditions and any other rules posted on our Sites constitute an agreement between ODD. NEW YORK, LLC ("ODD. New York", "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the ODD. New York website, as well as any other websites, webpages or frames accessible through the ODD. New York website or other third party sites ODD. New York hosts or sponsors such as third party social media sites, mobile apps, and services (collectively, the “Site” or “Sites”).
If you do not agree to the Terms and Conditions, please do not use the Sites. ODD. New York reserves the right to revise the Terms and Conditions at any time, so please visit this page periodically so that you know the most up to date Terms and Conditions that govern your use of the Sites. If you have any questions, please contact us as explained below.
To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please update your account immediately. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify ODD. New York immediately of any breach of security or unauthorized use of your account. Although ODD. New York will not be liable for your losses caused by any unauthorized use of your account, you may be liable for ODD. New York’s (or other third parties’) losses due to such unauthorized use. Remember that you are responsible for any use of your registered account on the Sites, so please make sure you are the only one using it.
Note that by registering your name, your e-mail, and any other information regarding you, you are representing that your name, e-mail and any other information are yours and yours alone. You are also representing that you are 18 years old or older or have someone who is 18 years or older who is your legal guardian with you when you register or use the Sites. Users who are 13 years old or younger should not be visiting or using the Sites and ODD. New York does not want to collect information on individuals that are 13 years old or younger. If you are 13 or younger, please do not use or register for the Sites.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through ODD. New York 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 confirm that you are the person referred to in the billing information provided.
To order merchandise you must be over 18 years of age and possess a valid credit or debit card (please see payments section below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Site allows you to check your order and correct any errors before sending it. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.). Note that while ODD. New York has taken care to ensure that the color(s) of merchandise is/are accurately reflected on the website, there are discrepancies among monitors and as such, ODD. New York cannot guarantee that the color you see on your screen is accurate.
In addition, through taking reasonable steps, ODD. New York tries to ensure the accuracy of the information on the Sites. However, ODD. New York in no way guarantees the timeliness, completeness or accuracy of information on the Sites and thus, ODD. New York does not take responsibility for any errors or omissions regarding the information presented on the Sites. The Sites’ content is subject to change without prior notice at any time.
By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where ODD. New York feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or 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, or other legal authorities, which may keep a record of that information.
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 in New York. No other tax or import duty will be applied to orders shipped within the USA, unless otherwise legally required.
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 or system error. Note that merchandise reflected on the website may or may not be available in ODD. New York stores. If they are available in the stores, stores may have different pricing, availability and/or promotional events at times that differ from that on the Sites.
Product prices are set when the product arrives in store using the currency exchange rates at the time of arrival.
Customers purchasing internationally will incur the relevant import duty and tax. These costs are not included in the final purchase price.
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.
ACCEPTANCE OF YOUR ORDER
All orders are subject to acceptance and availability, and Items in your shopping cart are not reserved and may be purchased by other customers.
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, just a confirmation that we have received it.
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 ODD. New York will be perfected when we dispatch the goods to you at which time you will receive a second email containing your 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 Terms and Conditions.
Furthermore, we may refuse to process 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.
Domestic shipping within the 48 contiguous United States is free for orders above $500 via UPS ground. International shipments for orders above $2500 (exclusive of taxes) are free via DHL Express. It is illegal to declare lower values or the items as gifts as per international import regulations.
Payment can be made by Visa, MasterCard, American Express, Discover, JCB cards, and any other methods which may be clearly advertised on the site from time to time. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to ODD. New York, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
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.
ONLINE RETURN POLICY
If for any reason you are not satisfied with your order the item(s) can be returned within 14 days of delivery of your order for a refund, exchange, or store credit. Gift cards, preorders, swimwear, socks, fragrances, and items marked 'FINAL SALE' are final sale. Store credit will be valid for one year and return shipping is not covered by ODD. New York.
Items should be returned in their original packaging to ensure they are adequately protected in transit. Items should be returned new, unused, and with all ODD. New York and designer garment tags still attached. Shoe boxes should also be protected as they are considered part of the product, and your return may not be accepted if the box is damaged.
Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return in order to be eligible for an exchange or store credit.
Returns that are damaged, soiled, altered, or otherwise unacceptable as determined by ODD. New York in its sole discretion, may not be accepted and may be sent back to the customer. Items sent back without attached return tags will not be accepted under any circumstance.
To arrange a return please email firstname.lastname@example.org with your account information, product information, reason for return, and whether you would prefer a refund, exchange or store credit. If store credit is desired, ODD. New York will email a credit for the dollar amount corresponding to merchandise returned.
Our address for all returns is ODD. New York Returns 164 Ludlow Street, New York, New York 10002.
IN-STORE RETURN POLICY
ODD. New York will gladly exchange any full-price item when accompanied by the original sales receipt for another item or store credit within ten days, given that the item is unworn and in its original condition. No refunds will be issued for in-store purchases. Sale items, gift cards, preorders, swimwear, socks, and fragrances are final sale.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Sites, trademarks and all other intellectual property and material rights relating to the Content as defined below, including all HTML and other code contained in this Site, shall remain at all times vested in ODD. New York and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by ODD. New York 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. Violators will be prosecuted to the fullest extent permissible under applicable law. 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 except for viewing purposes as explained below for personal, non-commercial use. Please note that this prohibition also includes without limitation the unauthorized framing of any Content from the Sites, as well as any unauthorized linking to the Sites.
TRADEMARKS AND COPYRIGHT
The term ODD. New York, and the graphics on the Sites involving the term ODD. New York, as well as other design and content featured on the Sites, including without limitation graphics, designs, page headers/footers, scripts, coding, HTML, logos, navigational buttons/images/titles, photography, text, artwork, service names, and the like (collectively, the “Content”) are trademarks, trade dress, intellectual property, or copyrights of ODD. New York’s in the United States of America and/or other countries. The ODD. New York trademarks, trade dress, intellectual property, or copyrights may not be used, mimicked, copied, imitated, or emulated in whole or in part in any manner which would cause a likelihood of confusion, including but not limited to use in website addresses, without ODD. New York’s prior express written approval.
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, including without limitation that you were not respectful of other users, 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Site’s services are provided on an “AS-IS” basis and as available. ODD. New York disclaims any express or implied warranty of any kind, including but not limited to any warranty of fitness for a particular purpose, any warranty of title, any warranty of merchantability, any freedom from computer virus, or non-infringement, unless otherwise legally required by local law. We do not guarantee or promise any specific results from the use of the Site. We do not warrant or represent that the Site is free of viruses and other malicious codes; you should exercise caution in the downloading of any content or materials.
We are not responsible for the Site being unavailable for any reason, including but not limited to, Site maintenance or other reasons. Further, we are not responsible for any late, lost, stolen, delayed, damaged, garbled, incomplete, misaddressed, or misdirected submissions to the Sites, or for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, traffic congestion on the Internet or at any website (including, but not limited to, the Sites), communications devices, or telephone or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of Posted Items (as defined below) or attempts to purchase, for any technical or human error which may occur in the processing of attempts to purchase merchandise, or on account of any combination of the foregoing which may result in the inability to access the Site or to submit or complete a Posted Item or a purchase. Further, we are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind (i.e., misdirection of our emails to your bulk or junk items folder), or insufficient space in your e-mail account to receive e-mail messages.
The use of automated software or computer programs to register for the Sites is prohibited and if you use or attempt to use such methods to register, you will not be allowed to register or use the Sites.
We disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Sites, and reserve the right, at our sole discretion, to modify, cancel, terminate or suspend this Sites should any virus, bug, technical failures, unauthorized human intervention or other causes beyond ODD. New York’s control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sites. In the event of any such cancellation, termination or suspension, a notice will be posted on the Sites.
- ODD. New York does not endorse and is not responsible for third party websites (or any merchandise or services on such websites) that link to the Sites or from the Sites. You agree that ODD. New York is not liable or responsible for such sites or their content, including without limitation any omissions on such sites, any errors on such sites, or any merchandise, goods or services provided on, purchased from, or viewed on such sites.
JURISDICTION AND VENUE
By registering for and/or entering the Sites, you are agreeing that the proper jurisdiction and venue for any and all legal actions or claims arising in connection with or related to the Sites is in New York, New York and thus any and all legal actions or claims must be brought in a court of competent jurisdiction within New York, New York.
ALL TERMS AND CONDITIONS
This is the whole agreement between you and us and supersedes any prior agreement(s). We both agree that ODD. New York may change, modify, or alter the Terms and Conditions and ODD. New York reserves its right to do so, at its sole discretion. If ODD. New York decides to modify the Terms and Conditions, we will post the modified Terms and Conditions on the Sites and by continuing to use the Sites and/or by continuing as a registered user, you agree to be bound by and comply with the modified Terms and Conditions. The modified Terms and Conditions shall supersede any prior version(s) of the Terms and Conditions. Should any provision of the Terms and Conditions, or any modification thereto, be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby. Moreover, if any one or more of the provisions of the Terms and Conditions or any modification thereto should be held to be excessively overbroad as to duration, activity or subject, such provision shall be construed by limiting and reducing it so as to be enforceable to the maximum extent allowed by applicable law. You agree to review the Terms and Conditions on a regular basis so that you are aware of any changes. You can find the most recent Terms and Conditions by clicking on the Terms and Conditions hyperlinks available on the Site’s homepage and on footers throughout the Site.
SUBMISSIONS/POSTINGS ON THE SITES
By posting anything on the Sites (hereinafter “Posted Item” refers to any item that has been posted on the Sites--for example, a photograph, an answer to a question, a review, etc.), you acknowledge and agree that you are the person solely responsible for the Posted Item. You agree that you will not post any Posted Item that doesn’t belong to you, that is defamatory or libelous, that invades another’s privacy, that is harmful to minors, that is harassing or discriminatory, that is false, fraudulent or deceptive, that is illegal or that is otherwise offensive.
Any and all Posted Items shall become the property of ODD. New York, and may be used in any manner by ODD. New York. When you post anything on the Sites, you irrevocably grant to us and our affiliates, legal representatives, assigns, successors, parent corporations, agents and licensees, the unconditional and perpetual right and permission to copyright, reproduce, copy, publish, post, display, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), your display name and any Posted Items (collectively, the "Additional Materials") in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you. Furthermore, you forever waive any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude ODD. New York’s use of the Additional Materials for any purpose. You agree to indemnify, defend and hold us, our officers, directors, employees, agents, investors, consultants, shareholders, parent corporations, administrators, affiliates, divisions, subsidiaries, predecessor and successor corporations, and assigns (collectively, the " Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees arising out of or in connection with (a) any Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by you of any warranty, agreement or representation contained in the Terms and Conditions and any modifications thereto, or in any documentation submitted by you; (c) your conduct in connection with the Additional Materials, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or, (d) any profit or use of the Additional Materials.
- ODD. New York reserves the right, in its sole discretion, to alter or edit any Posted Item, including but not limited to changing any names mentioned in the Posted Item. ODD. New York reserves the right to reject content that does not comply with these Terms and Conditions, and any modifications thereto.
You further agree that in any Posted Item you post, you will not post any derogatory or defamatory comments which could be construed as slanderous or libelous, illegal in any way, pornographic, threatening, obscene, infringing on a third party’s or individual’s privacy or on a third party’s or individual’s intellectual property rights, or which would otherwise cause injury or be inappropriate for ODD. New York’s audience. You further agree that you will not post any Posted Item which contains or links to any virus, malicious software codes (including, but not limited to Trojan horses), any websites or links to websites, e-mail address, and/or commercial solicitations. Opinions, if any, expressed in the Posted Items are not those of ODD. New York.
If you believe a Posted Item violates your intellectual property rights, including but not limited to copyright infringement, please notify our agent for notice of claims of intellectual property infringement (“Agent”) at:
- ODD. New York
ATTN: Intellectual Property Agent
164 Ludlow Street
New York, New York 10002
So that we may best address your concerns, please provide our Agent with the following information:
(1) Identify the Posted Item that you believe is infringing (please include as much detail as possible so that we may find the Posted Item on the Site) and that you have a good faith belief that the alleged infringing use is not authorized by law, the intellectual property owner, or the owner’s agent;
(2) Your statement, under penalty of perjury, that: (a) the statement under (1) above is accurate and correct; and (b) that you are either the owner of the intellectual property or authorized by the owner to act on her/his/its behalf;
(3) Your address, telephone number, and e-mail address; and,
(4) Your signature.
Upon receipt of the above information, we will remove the alleged infringing Posted Item, subject to the procedures outlined in the Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA, ODD. New York’s policy is to terminate the registration and use of any individuals who repeatedly infringe upon the copyrights of others, provided that we are made aware of such infringement as set forth under the DMCA.
- ODD. New York’s failure or omission to enforce any part of the Terms and Conditions shall not constitute a waiver of its rights hereunder. Rather, ODD. New York may enforce any portion of the Terms and Conditions, as well as pursue any and all rights under equity or law as it deems necessary.
LAST UPDATE: March 2016
© 2016 by ODD New York, LLC. All rights reserved.