Terms of service

 

RETAIL SERVICE TERMS

Certain products or items (“Products”) may be available exclusively online through the website. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.

Product Information. While we have made every effort to display our Products as accurately as possible through photographs and other images, descriptions and information features on our website, we cannot guarantee that your computer monitor's display of details of any products or items will be accurate. We also sell Products that have been manufactured by third-party sellers, and our website contains Product information provided to us by these third-party sellers. Despite our efforts to be accurate, the Product or the Service you receive in your order may vary from the Product displayed on the website due to a number of factors, including, system capabilities and constraints of your computer or electronic device, manufacturing processes or supply issues, and the availability and variability of the Product. We do not guarantee the accuracy of the photographs, images, descriptions and information featured on our website. In the event of an error on our website or in the description of the Product in an order confirmation, in processing or delivering an order or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a partial or complete refund. Your sole and exclusive remedy and The Shop at Equinox’s sole and exclusive liability, will be to receive a refund for the amount you paid, excluding any shipping and handling fees.

Prices. All prices on our sites are shown in U.S. Dollars and applicable shipping and handling costs, taxes and other charges, if any, are additional. We will collect applicable sales, use and other tax (collectively, “Tax”) on any Product shipped or the Service used in jurisdictions for which we determine we have a duty to collect Tax applicable to your order.  All prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.  All taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.

Sales Limitations; Changes. We reserve the right to refuse any order you place with us and to limit the sales of our products or Services to any person, geographic region and/or according to certain other criteria as we may determine from time to time in our sole discretion. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. In the event that we make a change to or refuse an order, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by bots, dealers, resellers or distributors.

ONWARD SHIPPING PROTECTION Onward Shipping Protection is insurance offered to solve for lost, stolen or damaged packages. Orders that do not include Onward Shipping Protection are not eligible for package replacement or refund in the event of loss, theft or damage. If you purchased Onward Shipping Protection with your order and your package was damaged, lost, or stolen, claims may be made at https://app.useonward.com/make-a-claim. Direct inquiries regarding Onward to [email protected].

Your Account. 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.

No Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

No Warranty. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. However, some products may be covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.  ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

Updates. We reserve the right, at our sole discretion, to update, change or replace any part of these Return Policy & Retail Service Terms by posting updates and changes to our website. It is your responsibility to check the website periodically for changes. Your continued use of or access to our website following the posting of any changes to this Return Policy & Retail Service Terms constitutes acceptance of those changes.

Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law. These Retail Service Terms in addition to the Terms of Use, will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles, Except as provided above as to those disputes you or Equinox submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), all claims, disputes and matters arising hereunder shall be submitted exclusively to the jurisdiction of the federal and state courts of competent jurisdiction located in New York City, New York, and you and The Shop at Equinox each hereby irrevocably consent to the jurisdiction of such courts and waives all objections thereto. 

General. These Retail Service Terms, together with our Privacy Policy, the Terms of Use, and any other terms and conditions that may be made available with respect to your access, use, and purchase of products and items offered by The Shop at Equinox, constitute the complete and exclusive agreement between you and The Shop at Equinox, and supersede and govern over all prior proposals, agreement or other communications. Our failure to enforce any provision or exercise any right under these Retail Service Terms will not constitute a waiver of such provision or right, nor will any waiver of any breach of these Retail Service Terms act as a waiver of any other provision or a waiver of any future breaches.  Any waiver of any provision of these Retail Service Terms will be effective only if in writing and signed by an authorized representative of The Shop Equinox.  If any provision of these Retail Service Terms is declared unenforceable or invalid by a court of competent jurisdiction, the provision will be enforced to the maximum extent permitted by law, and the other provisions of these Retail Service Terms will remain unaffected and in full force and effect.  If necessary, The Shop at Equinox will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent.  We may assign our rights and delegate our duties under these Retail Service Terms at any time to any party without notice to you. You may not assign these Retail Service Terms without our prior written consent. The headings in these Retail Service Terms are for convenience only and do not affect the interpretation of these Terms.