HARRY WINSTON WEBSITE
TERMS AND CONDITIONS
Thank you for visiting this Web site (the "Site"), which is provided
by Harry Winston, Inc. and its affiliated companies.
Your use of this Site and any purchases you make from this Site are subject to the
following Terms and Conditions ("Terms and Conditions"), our Privacy Policy,
which is hereby incorporated by reference, other notices posted on the Site, and
all applicable laws and regulations. Please read these Terms and Conditions carefully
before accessing and using this Site.
By using the Site, you agree to be bound by our Terms and Conditions, and acknowledge
that any other agreements between us are hereby superseded with respect to the subject
matter of these Terms and Conditions. If you do not agree to and accept these Terms
and Conditions, you are not authorized to use the Site, and you must exit the Site.
We may revise these Terms and Conditions from time to time and without notice. The
revised Terms and Conditions will take effect as of the date of posting. You are
bound by any such revisions and, therefore, you should visit this page periodically
to review the current Terms and Conditions. For your convenience, the date of the
last update to the Terms and Conditions appears at the bottom of this document.
Ownership of Content and Trademarks
Our Site provides information about our company and the products and services
we offer. The Site and all of its content, including, without limitation, all text,
images, photographs, illustrations, icons, video clips, audio clips, written and
other materials (collectively, the "Content") is owned and copyrighted
by us or licensed to us by third parties. The trademarks of others that are referenced
in this Site are used for identification purposes only. Except as provided in these
Terms and Conditions, your use of any Content or trademarks without the written
permission of the relevant Content or trademark owner is strictly prohibited. We
will aggressively enforce our intellectual property rights to the fullest extent
of the law, which may include seeking criminal prosecution. Nothing contained in
this Site should be construed as granting by implication, estoppel, or otherwise,
any license or right to use any trademarks displayed on this Site without our prior
written permission.
Limited Right to Use This Site
You may access the Content solely for your noncommercial, personal use, provided
that you do not modify, delete or change any copyright, trademark, or other proprietary
notices on or relating to the Content. No licenses or rights in the Content, expressed
or implied, are granted by these Terms and Conditions, which rights are hereby reserved.
Except as set forth above, you may not sell, reproduce, distribute, modify, copy,
transmit, display, reuse, reproduce, publish, license, create derivative works from
or based on, transfer, sell, publicly perform, report or otherwise use Content without
Harry Winston’s prior written permission. Publishing or reproducing includes any
uploading, downloading or accessing information on this Site onto the internet or
any other local or international computer system.
"To a limited extent you are permitted to post or upload information or data
to the Site. However, you are prohibited from using the Site to post or transmit
an infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material or any material
that could constitute or encourage conduct that would be considered a criminal offence,
give rise to a civil liability, violate any law or otherwise violate the rights
of any person or company."
You are prohibited from using the Site to advertise or perform any commercial solicitation.
If you violate any of these terms, your permission to use this Site and the Content
will automatically terminate and you must immediately destroy any and all copies
you have made of the Content.
Your Submissions
Any personal identifiable information you transmit or upload to the Site
will be treated by Harry Winston in accordance with its Privacy Policy.
Product Descriptions
Some products that we sell may appear smaller or larger than their image displayed
on the Site. The color and size of the display of a product may vary depending on
the type of computer monitor you use and its settings.
Product Pricing for on-line purchases from this Site
Our prices are subject to change without notice. We do not negotiate prices on products
we offer through the Site. We use our best efforts to ensure that the information
on the Site and the price of our products are displayed accurately. However, some
system or typographical errors may occur. We reserve the right to correct any and
all errors on our website, including pricing errors. We do not honor inaccurate
or erroneous prices. If you have any questions, please contact us at 1.800.988.4110
or
clientservices@harrywinston.com.
30-Day Return Policy for on-line purchases from this Site
We hope you are delighted with your Harry Winston merchandise. If for any reason you wish to return your purchase from this Site, we will accept merchandise without custom engraving, in its original condition, within 30 days of the date of delivery.
Returns to Salons of on-line purchases from this Site
Merchandise purchased from this Site may be returned in person to any of our salons located in the continental United States for merchandise credit only.
Returns to Sales Support of on-line purchases from this Site
On-line purchases returned to Sales Support in our corporate office in New York will be eligible for a refund or merchandise credit. Returns must be shipped for processing to:
HWI
718 Fifth Avenue
New York, New York 10019
Attention: Client Services
Our Return Procedure for on-line purchases from this Site
Once we receive your returned merchandise and it is accepted for return, your refund or new item will be processed within a few business days. Upon receiving your return, the item will be reviewed by our Quality Assurance Department. Please note that merchandise showing signs of wear or those that have been altered, resized (by a jeweler other than Harry Winston), or damaged in any way will not be accepted for return. Engraved merchandise may not be returned. Returns without a Return Authorization Form or merchandise that is improperly packaged will not be accepted for return.
How to Prepare a Return for on-line purchases from this Site
Your Return Authorization Form
Please call 1.800.988.4110 or e-mail clientservices@harrywinston.com to obtain a Return Authorization Form. If the merchandise is acceptable for return in accordance with this policy, a Return Authorization Form will be emailed to you.
Package Your Return for on-line purchases from this Site
The merchandise returned must be received in saleable condition with the Return Authorization Form, copies of any email instructions received from Sales Support, appropriate sales invoice and all original packaging and enclosures.
Shipping Your Package for on-line purchases from this Site
We recommend shipping merchandise for return via Federal Express for tracking purposes. We also recommend that you request adequate insurance to cover the purchase price of the shipment. We will not assume responsibility for reimbursement or compensation if a return package is lost, stolen, or mishandled.
These instructions must be followed exactly; failure to do so will prevent the processing of your return. If you have any questions about our return procedure, please contact us at 1.800.988.4110 or e-mail clientservices@harrywinston.com.
Disclaimer of Warranties
THIS SITE AND ALL THE CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS-IS," "WHERE-IS," "AS AVAILABLE," AND WITH "ALL FAULTS," AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ACCURACY, RELIABILITY AND TIMELESSNESS. NOTWITHSTANDING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER POSSIBLE HARMFUL ELEMENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER HARRY WINSTON NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OR AGENTS (THE "HARRY WINSTON GROUP") ARE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA. YOU AGREE THAT NONE OF THE HARRY WINSTON GROUP SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Third Party Content
This Site may offer you links to other web sites that are owned or operated by third parties that are not related to us. Such links are provided for your convenience only. If you link to any of these sites, you do so at your own risk. We do not control, and is not responsible for, the content or privacy practices of such sites. The inclusion of any link to such sites does not imply our endorsement of such sites or any products or services available on such sites.
Termination
We may terminate your use of the Site for any reason, in our sole discretion, with or without notice to you. You agree that we may modify or discontinue this Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms and Conditions shall survive any such termination.
Representation
You represent and warrant that you are at least eighteen years of age. You warrant that you will use this Site in accordance with these Terms and Conditions and all applicable laws and regulations.
Harry Winston Inc. Policy On Unsolicited Idea Submissions
Harry Winston, Inc. or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing plans, new product names, new promotions, new or improved products or technologies, product designs, enhancements, processes or materials. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Harry Winston or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Harry Winston’s products, designs, advertising or marketing strategies might seem similar to ideas submitted to Harry Winston. Harry Winston depends on its employees and consultants for ideas involving new designs, products and improvements to existing products, advertising, promotion and marketing strategies. These employees and consultants have firmly-established legal relationships with Harry Winston. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter, email or call says, the following terms shall apply to your submissions.
Terms of Idea Submission
You agree that: (1) your submissions and their contents will automatically become the property of Harry Winston, without any compensation to you; (2) Harry Winston may use, modify or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Harry Winston to review the submission; and (4) there is no obligation to keep any submissions confidential.
General Provisions
We make no representation that the Content is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws. Although our products are available in many parts of the world, this Site may describe products that are not available worldwide.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. You agree that the state and federal courts of the State of New York shall have sole and exclusive jurisdiction over any action at law or in equity arising from your use of the Site, these Terms and Conditions, or any purchase from this Site and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts.
Our waiver of a breach of any provision of these Terms and Conditions shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating any remaining provisions of these Terms and Conditions or rendering such provision unenforceable in any other jurisdiction.
Last updated: April 22, 2010.