Terms of Use
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.
Your access to and use of the Website, the Mobile Services and the content available on or through the Website and the Mobile Services, including any text, software, source code, applications, specifications, images, audio files, articles and other information and the selection and arrangement thereof, (collectively, the “Content”) is conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”) and in our privacy policy, located at awlandsundry.com (the “Privacy Policy”), which is incorporated into these Terms of Use by reference.
Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website or the Mobile Services (“Specific Terms”). If there is a conflict between these Terms of Use and any applicable Specific Terms, the applicable Specific Terms will control with respect to the conflicting subject matter.
Please read these Terms of Use, any applicable Specific Terms and the Privacy Policy carefully before accessing or using the Website, the Mobile Services or the Content. By accessing or using the Website, the Mobile Services or the Content, you agree to these Terms of Use and any applicable Specific Terms and you consent to the collection and use by Awl & Sundry or our agents of your personally identifiable information as described in the Privacy Policy. If you do not agree to these Terms of Use and any applicable Specific Terms and consent to the collection and use of your personally identifiable information as described in the Privacy Policy, you must exit the Website and the Mobile Services immediately and discontinue all use of the Content.
1. Revisions to these Terms of Use and the Privacy Policy
Awl & Sundry or CONSORTIUM may update these Terms of Use and the Privacy Policy at any time without prior notice to you. You can determine when these Terms of Use and the Privacy Policy were last updated by referring to the “Last Updated” notation at the top of these Terms of Use and the Privacy Policy. Any updates will become effective when we post the updated version of these Terms of Use or the Privacy Policy on the Website. Your continued access to and use of the Website or the Content after we post an updated version of these Terms of Use or the Privacy Policy signifies your acceptance of the updated version.
2. Termination of these Terms of Use
Awl & Sundry or CONSORTIUM may, without notice to you, immediately terminate these Terms of Use and deny you access to and use of the Website and the Content if you breach these Terms of Use or engage in conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to us or any other users of the Website. If these Terms of Use are terminated, you will no longer be authorized to access or use the Website or the Content, but you will remain subject to Sections 4, 15, 17, 18, and 21 of these Terms of Use. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes
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
The Website is the property of CONSORTIUM, and the Content is variously the property of CONSORTIUM, ourselves, and/or our partners and licensors and are protected by patent, copyright and other intellectual property laws. You may only access and use the Website and the Content in accordance with these Terms of Use or with the appropriate prior written consent by sending a request to CONSORTIUM at the address below. You are granted no other privileges or rights with respect to the Website and the Content and you must keep intact all patent, copyright and other proprietary notices on the Website and the Content. The Content owned by licensors or our partners’ licensors may be subject to additional restrictions.
As a condition to your access to and use of the Website and the Content, you warrant to CONSORTIUM and to us that you will not use the Website or the Content for any purpose that is unlawful or prohibited by these Terms of Use.
Unless otherwise specified herein or in any applicable Specific Terms, the Website and the Content are for your personal and non-commercial use. You must not (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer or sell the Content other than for your use of the Website as expressly permitted in these Terms of Use; (b) access or attempt to access any systems or servers on which the Website is hosted or modify or alter the Website in any way; (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of the Content; or (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website.
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
If you choose to register with the Website, you will be asked to provide certain information, including certain personally identifiable information (“Personal Information”). You agree that the information you provide, including Personal Information, will be truthful and that you will not impersonate any third party in providing such information. We will handle any Personal Information which you provide to us in accordance with the terms of the Privacy Policy. You are not required to provide any Personal Information to us, but if you choose not to provide us with any Personal Information your ability to access and use certain resources available on the Website may be limited.
If you choose, or are provided with, a user name, password or any other security codes or questions (“User Codes”) as part of our security procedures, you agree to keep your User Codes strictly confidential and not to disclose your User Codes to any other person. We ask that you immediately notify us if you become aware of any unauthorized access to or use of your User Codes or any other actual or potential breach of security. You should use particular caution when accessing your account from a public or shared electronic device so that others do not view or record your User Codes or Personal Information. We reserve the right to suspend or terminate any of your User Codes at any time in our sole discretion and for any reason, including for any violation of these Terms of Use.
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.
If you decide to visit the Third-Party Websites, you will be subject to their terms of use and privacy policies and not these Terms of Use or the Privacy Policy. We encourage you to carefully review the terms of use and privacy policies on all of the Third-Party Websites that you visit.
8. Social Media Accounts
Facebook: https://www.facebook.com/Awl-Sundry-1833932093523499
Instagram: https://www.instagram.com/awlandsundry/
Twitter: https://twitter.com/AwlandSundry
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
14. Submissions
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.
18. Indemnification
You agree to indemnify, defend and hold harmless Awl & Sundry, CONSORTIUM, our agents, suppliers, licensors and third party partners and the officers, directors, employees and employees of each from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use, your access to or use of the Website or the Content or any orders that you place through the Website, or your violation of any law or the rights of a third party.
19. Governing Law
These Terms of Use and any action or claim arising out of or relating to these Terms of Use, your access to or use of the Website, the Content or any orders that you place through the Website will be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. Any such action or claim must be commenced within one (1) year after the action or claim arises. Jurisdiction over and venue in any such action or claim will be in the state or federal courts located in New York
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
21. Notices
Except with respect to notices of alleged copyright infringement, which must be submitted as described in Section 5 of these Terms of Use, and unless explicitly stated otherwise on the Website, you must provide all feedback and notices to our agent, CONSORTIUM, by sending an email to [email protected]
We may provide notice to you hereunder by posting announcements on the Website.
22. Miscellaneous
These Terms of Use constitute the entire agreement between you and Awl & Sundry with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Awl & Sundry and its agents (including, but not limited to any prior versions of the Terms of Service) with respect to such subject matter. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Awl & Sundry or its agent’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law in any jurisdiction, such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of that or any other provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.
Awl & Sundry may assign its rights and duties under these Terms of Use, as may its agents, to any party at any time without notice to you.