Our Terms and Conditions of Sale
The following Terms and Conditions and any other rules including any guidelines and future modifications posted on this website (collectively the "Terms") constitute a binding agreement between Dover Street Market New York LLC ("DSM", "we", "our", "us") and you, the visitor, governing your access and use of all content, software, functionalities and services including the purchase of products on the DSM website accessed through the URL www.doverstreetmarket.com and any related micro-sites (collectively the "Site" or “DSMNY E-SHOP”).
You must be at least 18 years old to purchase products from or use any services offered on this Site. By accessing, browsing, using and/or registering for an account on the Site you acknowledge that you have read, understood, and agree to be bound by the Terms. You may also agree to be bound by the Terms by clicking a box stating acceptance if prompted.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms at any time without further notice. If we do this, we will post the changes to the Terms on this page and will indicate at the top of this page the new effective date. Your continued use of the Site after any such changes constitutes your binding acceptance of an agreement to be bound by the revised Terms. If you do not agree to abide by the Terms or any future revised Terms, do not use or access the Site. It is your responsibility to regularly review the Terms.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. DSM may use all information collected from users of the Site, subject to DSM’s compliance with the Privacy Policy which may be amended from time to time. By using the Site, you are consenting to the uses set forth in the Privacy Policy.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Security and Availability
Our website is made available to the public free of charge. We do not guarantee that our website, or any of its content, will always be available uninterrupted. On occasion, we may suspend, withdraw or restrict the availability of all or part of the website for business and operational reasons.
You are responsible for ensuring that all persons accessing our website through your internet connection are aware of these terms and other applicable terms and conditions, and that such persons comply with them.
We take reasonable care to make our Website as secure as possible. As such, we will take reasonable care to keep the details of your orders and payment secure. However, you are solely responsible for maintaining the confidentiality of your passwords and account usernames.
Buying Products On Our Website
To order a product, you will need to register, login and follow the procedures set out in the “Registration and Login” section of our FAQs. When you register you are required to provide information about yourself that is true, accurate, complete, and current in all respects.
DSM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
After placing an order with us, you will be sent an email acknowledging that we have received it. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us and availability of the product you have ordered is verified, we will send you an email confirming that your order has been accepted and has been dispatched. Our acceptance of your order brings into existence a legally binding contract between us.
Product Descriptions
DSM takes every care to ensure that the description and specification of our products are correct at the time of publication. DSM does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. While the color reproduction of the products is a close representation, we cannot accept any responsibility for any variation in color caused by the browser software or computer system used by you. If a product offered by DSM is not as described, your sole remedy is to return it in unused condition.
Availability
All items are subject to availability. We will inform you as soon as possible, before accepting your order, if the goods you have ordered are not available.
Prices and Payment
All prices on the Site are given in US Dollars ($) and do not include sales tax or delivery costs. Please see the FAQs for current delivery costs and delivery dates by clicking here.
In the United States all sales on the Site that are shipped to an address within New York State are subject to Sales and Use Tax. The sales tax will vary depending on where the merchandise is shipped and will be calculated at checkout. Items of clothing and footwear costing less than $110 are exempt from the 4% sales tax in New York State as well as the additional local sales tax charged by New York City and certain counties.
For international customers, there is no sales tax on orders placed. Please note that we have no control over any customs or import duties that could be levied when the package reaches your destination country and for which you will be liable. You must pay by debit or credit card at the time of the order. The price of any product is the price listed at the date and time of your order. We may change the price of any product before you place an order. Before accepting your order, we will inform you if a product's correct price is higher than that stated in your order and you may cancel the order.
Cancellation and Returns
Returns By You
You have the right to return your order within 14 business days of receipt of the goods. If you want to return your order, you need to notify us in writing within those 14 days. Once you have notified us, the cost of merchandise that was debited from your credit or debit card will be re-credited to your account as soon as possible. Shipping costs will not be refunded.
Conditions in Relation to Returns
All items intended for return must adhere to our return policy. Once the return eligibility is confirmed, we will then provide the return label and instructions. Once you have received the label and confirmation, please ensure that you follow the instructions emailed to you.
Notification of returns received beyond 14 days will not be accepted. Returns of United States orders will be complimentary. For international orders, you will be required to arrange and pay for the return of the products to us. Please be aware that international customs duties and sales taxes are not refunded for shipments outside of the USA.
International customers will also be responsible for all international customs duties levied, even if the item you received is defective.
We will only accept returns provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
You have a legal obligation to take reasonable care of the items while they are in your possession. If you fail to comply with this obligation, your entitlement to a refund may be affected. Do not remove tags until you are completely satisfied that the items will not be subject to return. Items must be returned with their original packaging, including, in the case of shoes, original boxes. Unless a perfume is defective, it may not be returned unless it is in new, unopened condition with all original packaging intact.
Personalized items or goods which have been made to a customer's specification may not be returned.
For reasons of hygiene we do not accept the return of any beauty product or fragrance, pierced earrings, ladies' and men's briefs, or swimming suits and bikini bottoms, unless the protective adhesive strip is still in place or the item is unsoiled and in a saleable condition.
Defective Goods
Defective items will only be accepted if the goods we have delivered to you were damaged on arrival. All items returned as defective will be inspected and any items deemed subject to fair wear and tear will not be accepted as defective. Where possible, items may be repaired on request, but only where such items are deemed defective and repairable. Repairs do not come with any guarantees.
We will replace a defective item if a replacement is in stock and available. If you wish to be sent a replacement or request an exchange, please make your request clear when contacting us. As stated above, the request must be submitted to us within 14 days of receipt of your merchandise.
If we are unable to offer you a replacement, we will refund the value of the item at the time of purchase. International clients will be responsible for all duties levied upon shipping, even if an item is deemed defective. Please note that refunds onto credit cards can take up to 30 days and are subject to your bank’s refund regulations.
Links To Other Sites
You may be able to link from the Site to other web sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites have posted. We have no control over sites that are not ours and we are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
Use of Site Content
All content on the Site is the property of DSM or its licensors who have all right, title and interest in the content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Subject to these Terms, no content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the DSM or the owner of the content. Except as otherwise set forth in the Terms, any use of the content is strictly prohibited.
Trademarks
The trademarks, logos, trade dress, trade names and service marks displayed on the Site (collectively the "Trademarks"), whether registered or unregistered, may not be copied, imitated or used, in whole or in part, in connection with products and/or services that are not related to, associated with, or sponsored by DSM that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders, who may or may not be affiliated with, connected to, or sponsored by DSM. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the DSM or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. DSM will aggressively enforce its Trademark rights to the fullest extent of the law, including seeking criminal prosecution.
Applicable Law
By visiting the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DSM.
Disputes
Any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by DSM or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in a small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) in New York, New York under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Jurisdiction
The New York Courts (State and Federal) shall have sole jurisdiction over any controversies regarding the use of the Site not subject to the arbitration clause above; Any action or other proceeding which involves such a controversy shall be brought in those courts in New York, New York and not elsewhere. The parties waive any and all objections to venue in those courts and hereby submit to the exclusive jurisdiction of those courts.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DSM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DSM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DSM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DSM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM DSM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DSM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU MUST OBSERVE AND COMPLY WITH ALL APPLICABLE REGULATIONS AND LEGISLATION, INCLUDING OBTAINING ALL NECESSARY CUSTOMS, IMPORT OR OTHER PERMITS TO PURCHASE GOODS FROM THE SITE. THE IMPORT OR EXPORT OF CERTAIN OF OUR GOODS TO YOU MAY BE PROHIBITED BY CERTAIN NATIONAL LAWS. WE MAKE NO REPRESENTATION AND ACCEPT NO LIABILITY IN RESPECT TO THE EXPORT OR IMPORT OF THE GOODS YOU PURCHASE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DSM’S LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS WHATSOEVER (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), AND REGARDLESS OF THE FORM OF THE ACTION, ARISING FROM THE TERMS OR YOUR USE OF THE SITE WILL AT ALL TIMES BE LIMITED TO THE PRICE OF THE PRODUCT YOU PURCHASED.
Indemnity
You agree to indemnify, defend and hold DSM, its parent company, successors, assignees, subsidiaries, affiliates, partners, sponsors, advertisers, content or service providers, contractors or any of their respective directors, officers, employees, agents, representatives, attorneys (collectively the “Protected Entities), harmless from and against any loss, liability, claim, or demand, including attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of (a) your breach of any representations or warranties made by you hereunder or your breach of any term of the Terms; (b) your use of the Site in violation of the Terms; or (c) your violation of any law or the rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of DSM.
Our Address
Dover Street Market New York LLC,
443 Park Avenue South, 3rd Floor,
New York, NY 10016
http://www.doverstreetmarket.com
Notice and Procedure for Making Claims of Copyright Infringement
DSM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DSM’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DSM's Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Copyright Agent
Dover Street Market New York, LLC,
443 Park Avenue South, 3rd Floor,
New York, NY 10016
phone: (212) 604-0010
e-mail: e-shop@dsm-ny.com
Miscellaneous
The Terms set forth the entire agreement between you and DSM pertaining to your use of the Site between you and DSM.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section.
If any provision of the Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Terms shall continue in full force and effect.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You shall not use the Site in any manner contrary to local, state, federal or international law and any regulations having the force of law. DSM expressly disclaims any and all responsibility or liability for any action by you and reserves the right to terminate your use of the Site immediately upon notice of your failure to comply with any such law(s) or regulations.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.