Terms & Conditions
Last Updated: 06/23/2006
You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Philip Stein’s trademarks, logos or other proprietary information, the content of any text, any of the Materials (as defined below), or the layout and design of any page (or form contained on a page) without Philip Stein’s express written consent. Further, you may not use any circumvention tools, meta tags or any other “hidden text” utilizing a Philip Stein name, trademark, URL, or product name without Philip Stein’s express written consent.
Philip Stein, its subsidiaries or affiliated companies or third-party providers hold the copyright for all copyrighted and copyrightable materials on the Site, including, but not limited to the text, images, forms, logos, graphics, audio clips, video clips, photographs, and illustrations, including the selection and arrangement of such elements (collectively, the “Materials”). Such Materials are protected by United States and international copyright laws, as well as other intellectual property laws. In addition, the entire Site is copyrighted as a collective work under United States and other copyright laws.
When you purchase products or services through our Site, or if you create an account on our Site, you will be required to provide us with a valid email address and create a password. It is your sole responsibility to keep your password confidential and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Philip Stein of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Philip Stein cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
When you purchase products or services through our Site, or create an account with us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s information request form, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Philip Stein has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Philip Stein has the right to suspend or terminate your account, cancel your order, and refuse any and all current or future use of the Site (or any portion thereof).
Philip Stein does not want to receive confidential or proprietary information from you through the Site or by email and you agree that any comments, suggestions or ideas submitted by you to us will not violate any intellectual property right or privacy right of any third party.
You agree that Philip Stein may send email to you for the purpose of informing you of modifications or additions to our Site, about any of Philip Stein’s products or services, or for such other purposes as Philip Stein deems appropriate, including communications related to contests and promotions.
In consideration of your use of our Site, you promise that you will not:
- remove any proprietary notices from this Site;
- cause, permit or authorize the modification, creation of derivative works, or translation of this Site without the express permission of Philip Stein;
- use this Site for any commercial purpose (other than for the purchase of products or services from Philip Stein) or the benefit of any third party or any manner not permitted by the licenses granted herein;
- use the Site in any way that would violate any applicable law, regulation or ordinance;
- use the Site for fraudulent purposes;
- attempt to decompile, reverse engineer, disassemble or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented by Philip Stein with respect to this Site, and/or data transmitted, processed or stored by Philip Stein;
- take any steps to interfere with or in any manner compromise any of Philip Stein’s security measures or interfere with or disrupt the Site and/or the servers or networks connected to the Site;
- obstruct or otherwise interfere with the normal performance of another person's use of the Site;
- sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of a third party website or service; or
Philip Stein tries to ensure that the representations of Philip Stein products that are included in our Site, including the colors of our products, are as accurate as possible. However, you should recognize that the colors of our products as they appear on your monitor may differ from those you actually receive if you place an order.
This Site, AND ALL THE CONTENTS OF THIS SITE, ARE provided "as is" and without any warranties, claims or representations made by Philip Stein of any kind either express, implied or statutory with respect to this Site, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular pURpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing, Philip Stein does not warrant that thIS Site and the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that thIS Site and/or the server that makes same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
You acknowledge that the entire risk arising out of the use or performance of thIS Site remains with you to the maximum extent permitted by law.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
IN NO EVENT SHALL Philip Stein BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE INABILITY TO USE THE SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) EVEN IF Philip Stein HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO TERMINATE YOUR USER ACCOUNT AND DISCONTINUE ANY USE OF THIS SITE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Links provided to other sites by Philip Stein, if any, are provided as a courtesy only, and the sites they link to are not under the control of Philip Stein in any manner whatsoever. Therefore, Philip Stein is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Philip Stein is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Philip Stein of any linked site and/or any of its content therein.
You represent and warrant that:
- you will only use this Site on a computer on which such use is authorized by the computer's owner.
Prior to returning any item, Buyer must contact Seller's returns department by completing the RMA form for a Return Merchandise Authorization (RMA) number. Buyer must place a new replacement order before an RMA is issued. Seller in turn shall provide Buyer written instruction on how to return product. Seller will provide a full refund less original shipping and insurance charges for all items received within 30 days of when the items were shipped, provided the items are unworn, with all original tags attached, and free of defects. Original shipping charges are non-refundable. If you receive a defective product, you must notify us within three days of receiving the product to be eligible for a return. Philip Stein shall not be responsible for return shipping charges.