Terms & Conditions

General

This website (the “Website”) is owned, operated and distributed by Shop in Faye’s Closet Limited Liability Company, a New Jersey limited liability company (“SiFC”). BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE “TERMS AND CONDITIONS”) AND THE TERMS AND CONDITIONS OF THE SiFC PRIVACY POLICY (THE “POLICY”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. These Terms and Conditions apply to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website.

You acknowledge that SIFC may terminate your account, remove any data or content that you have provided and disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind. In addition, SIFC may modify or remove any service or functionality included in the Website at any time, with or without notice and with no liability of any kind.

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SiFC without restriction.

SIFC may, at its sole discretion, modify these Terms and Conditions at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications.

Authenticity of Goods

The goods available on the Website are, unless otherwise indicated, previously worn. SiFC expressly disclaims any indication that it is an authorized dealer or agent of any of the designers whose goods are offered on this Website. SiFC guarantees the authenticity of all of the goods available on the Website.

Transactions on Website

SIFC reserves the right to refuse any order placed on the Website. In the event SiFC makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. SIFC reserves the right to refuse to service a customer for any reason.

Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier.

Terms of Sale

Returns will be accepted if shipped within 7 days of receipt. The item must be returned in the same condition as when it was sent.

Product Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. SiFC reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). SiFC does not knowingly misrepresent the colors of the products that appear on the Website. However, SIFC cannot guarantee that your computer monitor's display of any color will be accurate.

Links to Other Websites and Services

The Website may contain links to other Websites that are not under the control of SiFC. SiFC has no responsibility for the linked Websites nor does linking constitute an endorsement of any linked Website. Links are provided solely for the convenience and information of the Website’s users.

Intellectual Property Rights

By using this Website, you acknowledge that the Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not alter or remove any trademark, service mark, copyright or other notice from copies of the content. All Content is copyrighted as a collective work under the U.S. copyright laws, and SiFC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

“Shop in Faye’s Closet” and its related marks are trademarks and servicemarks of SiFC. All other trademarks, service marks, product names, company names and logos appearing on the Website are the property of their respective owners.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEBSITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, SiFC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. SIFC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE THE WEBSITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SiFC’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL SiFC BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Liability and Indemnity

Except in relation to SiFC’s contractual obligations to supply goods following acceptance of orders placed on the Website, neither SiFC nor any of SiFC’s directors, employees, suppliers or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the Website.

You agree fully to indemnify us, SiFC’s directors, employees, suppliers or other representatives from and against all liabilities against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of the Website.

Miscellaneous

These Terms and Conditions shall be governed by the internal laws of the State of New York, without regard to its conflict of laws principles. Any claim or dispute between you and SIFC that arises in whole or in part from the Website shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by SiFC on the Website, constitute the entire agreement between you and SiFC concerning the Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and SIFC's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE YEARS AFTER THE CAUSE OF ACTION AROSE.

These Terms and Conditions were last modified on March 25, 2014.