Terms and Conditions of Use
COMPANY INFO
Prabal Gurung LLC
Registered Office:
247 West 37th St. New York, NY 10018
Telephone 212.257.4354
Fax 917.591.5110
Welcome to the www.prabalgurung.com website (the “Website”). USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.
The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and when you make an online purchase on this Website, the relevant Terms and Conditions of Sale. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately. This Website is operated by Prabal Gurung LLC (hereinafter “Prabal Gurung LLC”), a New York corporation having its principal place of business at 247 West 37th St. New York, NY 10018. Prabal Gurung LLC reserves the right to modify the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such modifications implies full acceptance of the Terms and Conditions of Use in their amended version.
OTHER WEBSITE POLICIES
Please review our Terms and Conditions of Sale, Return Policy and Privacy Policy (collectively, the “Website Policies"). All Website Policies are incorporated in these Terms and Conditions of Use by this reference and, therefore, apply to your access to, use of and purchase of products from the Website. If you do not agree to our Website Policies, please do not use the Website. We reserve the right to make changes to the Website, the Website Policies, and these Terms and Conditions of Use at any time.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ENTIRE AGREEMENT
These Website Policies and all other policies or operating rules posted on this Website constitute the entire agreement between the user and Prabal Gurung LLC with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website. A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
PURCHASE FOR PERSONAL USE ONLY
You may purchase products on the Website only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
INTELLECTUAL PROPERTY RIGHTS
This Website as a whole and all material on this Website, as well the “Prabal Gurung” trademark, are owned and registered by Prabal Gurung LLC.
Unless otherwise indicated, all content on the Website, including images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of Prabal Gurung LLC or its content suppliers and is protected by national and international copyright and other intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.
All trademarks and logos, whether registered or not, displayed on the Website, as well as all the other distinctive connected marks, are the exclusive property of Prabal Gurung LLC. The trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, Prabal Gurung LLC. Infringement of any Prabal Gurung LLC trademark is not permitted.
All materials contained in this Website, except for the “e-store” section, are displayed for informational or promotional purpose only. The Website may be accessed solely for your own personal use and not for business reasons. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content, in whole or in part, whether by email or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.
Prabal Gurung products are sold exclusively at prestigious multi-brand stores and points of sale belonging to Prabal Gurung LLC’s selective retail network, and in the “e-store” section of the Website which is only available in certain countries, as better specified on the Website. Any purchase outside of these points of sale is entirely at the purchaser’s risk, in particular with regard to the authenticity of any such purchased items.
Product designs included on this Website are owned by Prabal Gurung LLC and/or its licensors and are protected by copyright laws and/or design patents. You are not allowed to use any product designs without Prabal Gurung LLC’s express written agreement.
LICENSE AND WEBSITE ACCESS
We grant you a limited license to make personal use of this Website. This Website and its Contentis the exclusive property of and owned by Prabal Gurung LLC or its content providers and is protected by copyright, trademark and other applicable laws as outlined above. You may access, copy, download and print the material contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. The grant to you of a limited license to use this Website does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Content; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from this Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
You will be solely responsible for all damages and other harm resulting from your use of the Website and the Content. Prabal Gurung LLC shall not be deemed liable for any use of the Website and the Content made by you in violation of any applicable laws and regulations and these Terms and Conditions of Use.
DISCLAIMER
THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRABAL GURUNG LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED ON THE WEBSITE.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRABAL GURUNG LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRABAL GURUNG LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS CONTENT, ITS SERVERS OR EMAIL SENT FROM PRABAL GURUNG LLC IS FREE FROM HARMFUL VIRUSES, ERRORS, OR OTHER HARMFULL COMPONENETS. USE OF THIS WEBSITE IS AT YOUR OWN RISK.
Prabal Gurung LLC cannot guarantee that the information on this Website is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that these imperfections will be corrected. Prabal Gurung LLC is not responsible for errors or omissions relating to pricing, text, or any other content on this Website, or any damage caused by or arising from any user's reliance on information obtained from or through this Website. It is your responsibility to evaluate the information and other content available through this Website.
Therefore, by using this Website, you bear all risks connected with such use, holding Prabal Gurung LLC harmless from any damage deriving or caused by the use of this Website.
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.
Prabal Gurung LLC reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that Prabal Gurung LLC shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
SUBMISSIONS
We welcome your comments and feedback regarding the Website, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, the “Submissions”) disclosed, submitted or offered to the Prabal Gurung LLC via the Website, or otherwise, are not confidential. All submissions become Prabal Gurung LLC’s property upon submission to Prabal Gurung LLC. By making a Submission to Prabal Gurung LLC, you assign to Prabal Gurung LLC all rights, title and interests, including copyrights, in the Submission. Prabal Gurung LLC has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. You represent and warrant that any Submissions that you submit to Prabal Gurung LLC are made in compliance with applicable laws, do not violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary rights. By making a Submission, you grant Prabal Gurung LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Submissions throughout the world in any media. You are and shall remain solely responsible for any Submissions you disclose, submit or offer to the Prabal Gurung LLC.
PRIVACY AND SECURITY
Transmission of data over the Internet is never guaranteed to be completely secure. It is possible that third parties not under the control of Prabal Gurung LLC may be able to access or intercept transmissions or private communications without Prabal Gurung LLC’s permission or knowledge.
Prabal Gurung LLC takes all steps possible to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Such transmissions are done at your own risk and Prabal Gurung LLC cannot be held liable for any breach of security which is not directly attributable to Prabal Gurung LLC’s negligent behavior.
Please refer to the Privacy Policy, which are incorporated in these Terms and Conditions of Use, to understand our practices.
LINKS TO OTHER WEBSITES
The Website may contain links to third-party websites.These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. Prabal Gurung LLC has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These websites may send their own cookies to you and may collect and use information in a way that is inconsistent with these Terms and Conditions of Use. Prabal Gurung LLC cannot control these websites and external sources. We have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions may apply to your use of any linked websites and Prabal Gurung LLC is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.
LINKING TO THIS WEB SITE
Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with these terms and conditions of our permission as well as all applicable laws, rule and regulations.
INDEMNIFICATION
You agree to indemnify and hold harmless Prabal Gurung LLC from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any information submitted by you or actions taken by you in connection with this Website or any breach of the Website Policies.
GOVERNING LAW AND CHOICE OF FORUM
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York and any action arising out or relating to these Terms and Conditions of Use shall be brought exclusively in the City of New York, State of New York.
ELECTRONIC COMMUNICATIONS
When you visit this Website, or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such agreements, notices, disclosures or communications be in writing.