Terms of Service - ROARKE
This website (the “Site”) is owned and operated by ROARKE new york™ (“ROARKE,” “we” or “us”). These Terms of Service (the “Terms of Service”) contain the terms and provisions applicable to you and your access to and use of the Site. Your use of this Site (and any other feature, content or application offered from time to time by the Site) is subject at all times to these Terms of Service (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Service carefully and contact us with any questions.
ACCEPTANCE OF TERMS:
By accessing this Site, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Service, please do not access or use this Site. These Terms of Service may be modified, changed or altered by us at any time without prior notice. In agreeing to these Terms of Service, you are responsible for periodically checking for changes and/or updates to these Terms of Service. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Site. Your continued access of the Site after such changes are made conclusively demonstrates your acceptance of such changes.
All content included on the Site, such as text, graphics, logos, images, and other material (collectively "Site Content") is owned or licensed property of ROARKE new york™ and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Site Content on the Site is the exclusive property of ROARKE new york™ and protected by U.S. and international copyright laws. ROARKE new york™ and its licensors expressly reserve all intellectual property rights in all Site Content.
USE OF THE SITE:
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian. By accessing and using the Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are 18 years of age or older; and (c) your use of the Site does not violate any applicable law or regulation.
You are responsible for maintaining the confidentiality of your account. You agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. In addition to all other rights available to ROARKE new york™ including those set forth in these Terms of Service, ROARKE new york™ reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site, or to cancel orders. ROARKE new york™ may modify or discontinue any part of the Site at any time.
You agree that we shall not be liable to you or any third party for termination of your use of or access to the Site. Upon termination, all provisions of these Terms of Service which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
The Site provides you with the ability to submit Orders for ROARKE new york™ products and you may be asked to supply certain information relevant to your Order including, without limitation, your credit card or debit card number and expiration date, your billing and shipping addresses and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD(S) OR DEBIT CARD(S) OR OTHER PAYMENT METHOD(S) USED BY YOU IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to ROARKE new york™ the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf. We may require verification of information prior to the acknowledgment or completion of any Order. It is your responsibility to ascertain and comply with all applicable laws with regard to the receipt, possession, use, and sale of any item purchased from this Site.
You agree to pay all charges that may be incurred by you or on your behalf in connection with all Orders placed through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you are responsible for any applicable taxes in connection with your Order.
You are solely responsible for your account, payment information, and any other content you submit on or through the Site in connection with your Order (collectively, the "Customer Content"). We have the right but not the obligation to decline all or any portion of any Customer Content for any reason or no reason.
All descriptions, images, references, content, specifications, products, and prices of products described or depicted on the Site are subject to change at any time without notice. The current inclusion of any products on the Site at a particular time does not guarantee that such products will be available. The Site may be incomplete and may contain errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Site at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. We reserve the right to refuse to fill any orders that you may place based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
All pieces are made by hand through fair trade practices and are made to order. Web orders can take up to 3 weeks for delivery. Due to the labor intensive nature of each piece, the delivery time is subject to change based on the size of the order. ROARKE new york™ is not responsible for any lost, stolen or damaged shipments.
Orders are shipped via USPS unless otherwise instructed. We offer a $10 flat rate which includes the time needed for shipping. Expedited shipping is available upon request and a tracking number can be sent if requested.
Since all pieces are made to order and are hand made, ALL SALES ARE FINAL. You may email us at info at ROARKEnyc.com if you have questions regarding this.
All pieces are under warranty for defectiveness and can be repaired for up to one year after purchase. Claims for repair are evaluated on a case-by-case basis and subject to ROARKE new york™’s sole and absolute discretion. Due to the delicate nature of the pieces, if beads fall off, or the snap comes loose, you can send it back for repair, however, customers are responsible for shipping.
All pieces are made on silk chiffon, tulle or crepe satin. There fabrics can easily be dry cleaned or steamed. When traveling, please be sure to handle with care and to use your ROARKE new york™ travel pouch so that the beads will not fall off.
RISK OF LOSS:
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, PRODUCTS, ORDERS, DELIVERABLES, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, ROARKE NEW YORK™ DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL ROARKE NEW YORK™ OR ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ITS CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, and experiences available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
LINKS TO THIRD PARTY SITES:
By using this Site and/or placing an Order, you agree to defend, indemnify and hold harmless ROARKE new york™, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms of Service and/or arising from a breach of these Terms of Service (including, without limitation, any breach of your representations and warranties set forth herein).
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
CHOICE OF LAW AND FORUM:
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of State of New York. The parties irrevocably submit to the exclusive jurisdiction of the courts located in New York County, New York regarding any dispute or claim arising out of or in connection with these Terms of Service or their subject matter (including non-contractual disputes or claims).
If you have any questions regarding any of the above terms, you can contact our office at 917.388.3102, we are open Monday – Friday, 9:00 AM – 7:00 PM. You may also email us at any time at: info at ROARKEnyc.com
May 23, 2013.