Terms and Conditions – awlandsundry.com
Effective Date: October 28, 2021
Last Updated: October 28, 2021
Awl & Sundry, (“our, “us” or “we”) grants you access to and use of this retail website, located at awlandsundry.com, the “Website”) and any services that we may make available to you via your mobile devices (the “Mobile Services”).
Our Website is hosted and managed by CONSORTIUM, a business of Saintly Corp. Their platform enables us to display and sell our products and services to you. They may act as our agent and are authorized by us to conclude certain transactions on our behalf, they are not a party to such transactions. You are purchasing the products directly from us.
3. Compliance with Applicable Laws
You must comply with all laws that are applicable to your access to and use of the Website, the Content and any orders that you place through the Website.
4. Permitted Use; Intellectual Property
You may display and, subject to any expressly stated restrictions or limitations relating to specific Content, electronically copy, download and print hard copy portions of the Content solely for your personal and non-commercial use. Any other use of the Content, including the modification, reproduction, distribution, republication, display or transmission of the Content, without prior written permission is strictly prohibited.
All trademarks, service marks, trade names and trade dress, whether registered or unregistered, that appear on the Website (collectively, the “Marks”) are proprietary variously to CONSORTIUM, Awl & Sundry, and/or our partners and licensors. You must not remove or otherwise modify any trademark notices from the Content and you may only use the Marks with the appropriate prior written consent. Any approved use of the Marks must not be in a manner that is likely to cause confusion or disparage or discredit CONSORTIUM, Awl & Sundry, and/or our partners and licensors, or the Website.
Requests for use of any part of the Website Content or other materials described above may be made by contacting CONSORTIUM, a business of Saintly Corp., by sending an email detailing the requested use to [email protected]
5. Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others and we ask you to do the same. Pursuant to 17 U.S.C. Section 512(c)(2), notifications of alleged copyright infringement should be sent to the Website’s designated agent in accordance with the procedure below. ANY NOTIFICATIONS NOT COMPLYING WITH THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
Our agent will process and investigate notifications of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying with the procedure below, our agent will act to remove or disable access to any Content found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your copyright-protected work has been copied in a way that constitutes copyright infringement, please notify our agent, CONSORTIUM, a business of Saintly Corp., by sending an email with the following information to [email protected]
your physical or electronic signature or the physical or electronic signature of a person who is authorized to act on your behalf;
a description of the copyright-protected work that you claim has been infringed;
a description of the Content that you claim is infringing, including where it is located on the Website;
your address, telephone number and email address and all other information reasonably sufficient to permit our agent to contact you;
a statement that you have not authorized the use of your copyright-protected work or, if a person is acting on your behalf, a statement by such person that he or she has a good faith belief that the disputed use is not authorized by you, your agent or the law;
a statement, made under penalty of perjury, that you are the exclusive owner of the copyright-protected work or, if a person is acting on your behalf, a statement, made under penalty of perjury, that such person is authorized to act on behalf of the owner of the exclusive copyright that allegedly has been infringed; and
a statement that the information in the notice is accurate.
6. Access and User Accounts
7. Third-Party Websites, Services, and Tools
The Website may contain links and widgets related to third-party websites and services, such as social media networks, or to optional tools with which we have no affiliation (the “Third-Party Websites”). Awl & Sundry and CONSORTIUM do not endorse the Third-Party Websites or the quality or accuracy of the information presented on them. Awl & Sundry and CONSORTIUM shall have no liability whatsoever arising from or relating to your use of optional third-party websites, services, or tools.
8. Social Media Accounts
9. Prices, Orders and Process
Prices for our products are subject to change without notice. We and CONSORTIUM reserve the right at any time to modify or discontinue a product or service (or any part or content thereof) without notice at any time.
Neither we nor CONSORTIUM will be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product or service.
In the case of made-to-order products, customers may make use of photographs and digital representations available on the website in selecting customization options. The website’s configurators are not photo-realistic, and final products may be different from these digital representations. Customers will refer to brand imagery throughout the website solely for a more detailed understating of materials and options rather than for accuracy
Orders will be shipped directly to the customer by Awl & Sundry or the brand after the relevant transaction information has been received. In some cases, Customers may also arrange to pick up their orders in the store. Made-to-order products or out-of-stock products will necessarily take longer to fulfill and ship.
10. Return & Refund Policies
Returns and refunds, unless specifically indicated by the applicable Brand, will not be accepted. Please refer to the applicable Brand’s policies on their page.
11. Brand Policies, Overrides
In addition to our policies, each order that you place through the Website will also be subject to the applicable Brand’s policies, including that Brand’s policies regarding the production of made-to-order products, if applicable, as well as shipping rates and times, remakes, returns, and refunds. All such policies are available to you for review and acceptance prior to placing an order.
In certain cases, a brand’s policies may be overridden by CONSORTIUM’s or Awl & Sundry’s policies.
12. Accuracy of Billing and Account Information
We and our agents reserve the right to refuse any order you place with us. We and our agents may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include 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 of a change to or cancelation of an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We and our agents reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
13. Errors, Inaccuracies and Omissions
Should there be information on our site or in the Service containing typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We and our agents undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated
If you submit any suggestions or materials, including any ideas, comments or the like, to us through the Website (collectively, “Submissions”), such Submissions will be treated as non- confidential and non-proprietary and we and CONSORTIUM are free to use such Submissions for any purpose, including to develop, manufacture and market products and services using such Submissions and to edit, alter, broadcast, post, publish, copy, disclose, distribute, incorporate and otherwise use such Submissions on the Website and on any other websites we or CONSORTIUM own or operate, as well as at brick and mortar store locations we own or operate without limitation and without compensating you. Furthermore, by submitting Submissions, you are giving up all intellectual property rights you have therein, including any moral, publicity and privacy rights.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
15. Communication Remains Between You, Awl & Sundry and CONSORTIUM
Any communications arising from the sales and support process of a product via this Website must remain between you, us, and CONSORTIUM, as well as the brand where necessary, but only at CONSORTIUM’s discretion. The customer is not to communicate directly with the brand, and must only do so via CONSORTIUM.
16. Disclaimers and Limitation of Liability
The Website and the Content are not intended for anyone under the age of thirteen. Accordingly, we do not filter advertisements or other Content that such individuals may view through the Website.
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS,” AND ANY PRODUCT OR SERVICE SOLD THROUGH THE WEBSITE ARE SUBJECT SOLELY TO THE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Awl & Sundry AND CONSORTIUM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE CONTENT AND ANY PRODUCT OR SERVICE SOLD THROUGH THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Awl & Sundry AND CONSORTIUM DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR SECURE FROM UNAUTHORIZED ACCESS OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SECURE FROM UNAUTHORIZED ACCESS. Awl & Sundry AND CONSORTIUM DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE CONTENT IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO EVENT WILL Awl & Sundry, CONSORTIUM, OUR AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS AND THE OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEES OF EACH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT OR SERVICE SOLD THROUGH THE WEBSITE, ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, UNAVAILABILITY OF THE WEBSITE OR THE CONTENT OR NONPERFORMANCE OF THE WEBSITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL THE LIABILITY OF Awl & Sundry, CONSORTIUM, OUR AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS AND THE OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEES OF EACH FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE EXCEED TEN DOLLARS ($10). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
17. Mobile Services
If you elect to access or use any of the Mobile Services, Awl & Sundry or its agents or other third-party partners may send messages to your mobile device and may receive certain information about your usage of the Mobile Services. Any mobile service provider fees you may incur are your responsibility.
19. Governing Law
20. Modifications to the Website
Awl & Sundry and CONSORTIUM reserve the right to modify, suspend or discontinue the Website, in whole or in part, at any time without notice to you
We may provide notice to you hereunder by posting announcements on the Website.