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TERMS AND CONDITIONS
This page (together with the documents referred to in it) tells you the terms and conditions on which we supply any of the products (the “Products”) listed on our site www.post-romantic.com (the “Site”) to you. Please read these terms and conditions carefully before ordering any Products from the Site.
These terms and conditions do not affect any of your statutory rights. However, it is important that you understand that by ordering any of our Products from the Site you agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
www.post-romantic.com is a site owned by The Post-Romantic Co., a private corporation, with principal offices in New York, NY (“The Post-Romantic Co.”, “our”, “us” or “we”).
2. ACCESS TO THE SITE
The design of this Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from our site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from this site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
a. Copyright. All content included on our site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Post-Romantic Co. or its licensors and is protected by United States and international copyright laws. The software and compilation of all content on this site is the exclusive property of The Post-Romantic Co. or its licensors and is protected by U.S. and international copyright laws.
b. Trademarks. The Post-Romantic Co., www.post-romantic.com, and other www.post-romantic.com graphics, logos, page headers, button icons, scripts, and service names are trademarks of The Post-Romantic Co. in the U.S. and/or other countries. The Post-Romantic Co.’s trademarks and trade dress may not be used in connection with any product or service that is not The Post-Romantic Co.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Post-Romantic Co.. All other trademarks not owned by The Post-Romantic Co. that appear on our site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Post-Romantic Co..
3. YOUR STATUS
By placing an order through the Site you warrant that:
a. You are legally capable of entering into binding contracts and b. You are at least 18 years of age
4. HOW THE CONTRACT IS FORMED BETWEEN US
A legally binding contract will be formed between us when:
a. You have confirmed to us that you wish to proceed with the purchase of one or more Products, and
b. We have confirmed to you that we will sell the Product(s) to you and
c. We have received payment of the price and any additional monies.
When your order has been completed you will receive confirmation of the Product(s) ordered, the price paid, the estimated delivery date and your allocated order number. If you wish to amend any part of your order once it has been accepted and payment has been made then you will need to contact us.
We may decline to sell any product to you for any reason. We are not obliged to tell you the reason for our decision.
5. PRICING AND AVAILABILITY
As we proceed with your order you will receive a prompt from us if the Product you wish to order is no longer available. We may offer you the opportunity to purchase a Product of at least equivalent specification and value, to the one you have attempted to order. This will not happen if the Product you are trying to order is temporarily out of stock.
Prices are subject to change at any time but changes will not affect orders in respect of which we have already sent you a confirmation of order.
Prices are exclusive of all taxes and delivery fees. The end customer is the importer of record.
The Post-Romantic Co. uses the highest level of security for payments processed through this store. The Post-Romantic Co. will ensure the security of the transaction by encrypting the connection when transmitting banking information on the network, and by safeguarding your financial data throughout the ordering and payment process.
Please note that if we suspect fraud, we have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the check-out process.
Orders from the The Post-Romantic Co. online store may be paid using credit card or debit card. Your credit card data is only sent securely to our payment processing partners and is not seen by The Post-Romantic Co. or its affiliates.
We can only deliver to the countries shown in the shipping address of the checkout page. Contact The Post-Romantic Co. for alternative means of purchase for delivery to other countries.
Our estimated timing for delivery is about two weeks. As the tailors work independently, there may be unforeseen delays. Most tailors have made arrangements for work to be finished if an unforeseen situation arises. However, will make best efforts to inform customers if there is a delay.
When it has not been possible to deliver the Product(s) due to no fault on our part, we reserve the right to make a charge for any further attempt to deliver the Product(s). We will consult with you regarding the amount of any further charges and will obtain your consent to such charges prior to attempting any further delivery of the Product(s).
9. CANCELLATION AND RETURN
You can cancel your order at any time within fourteen (14) calendar days after delivery of the Product(s). We will make every effort to describe our clothing to you as accurately as possible before you make a purchase. If you have any questions about our Products, you can email email@example.com. As a courtesy, we will accept one request you make to return / be reimbursed for an item of clothing, regardless of your reason for the return. However, following your first return, given the made-to-measure nature of the clothing that we make, we can only accept returns in the event that (1) the clothing does not match the measurement(s) you provide us or (2) we send you the wrong Product(s). Unfortunately, given the made-to-measure nature of our business, we are unable to accommodate any other requests for returns. For further information on cancellation and/or returns, please refer to The Post-Romantic Co.’s Shipping and Returns Policy.
10. ELECTRONIC COMMUNICATION
When you use our Site to make a purchase or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. OUR LIABILITY
We warrant to you that any Product(s) purchased from us through the Site is of satisfactory quality.
Our liability in connection with any Product(s) purchased through our Site is limited to the purchase price of the Product(s).
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED BY THE POST-ROMANTIC CO. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ASIDE FROM THE WARRANTIES EXPLICITLY MADE IN THIS SECTION 11, THE POST-ROMANTIC CO. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK.
YOU ARE MAKING YOUR PURCHASES DIRECTLY FROM THE POST-ROMANTIC CO.. THE POST-ROMANTIC CO. WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO HONOR LIMITED WARRANTIES POSTED ON OUR SITE AT THE TIME OF YOUR PLACEMENT OF ORDERS WITH THE POST-ROMANTIC CO. FOR PRODUCT(S). YOU AGREE TO ADDRESS ANY QUESTIONS ABOUT PRODUCT(S) AND REQUESTS FOR PRODUCT(S) SUPPORT DIRECTLY FROM THE POST-ROMANTIC CO.. THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY PRODUCT(S). WE ATTEMPT TO ENSURE THAT THE INFORMATION ON OUR SITE IS COMPLETE, ACCURATE AND CURRENT. DESPITE OUR EFFORTS, THE INFORMATION ON OUR SITE MAY OCCASSIONALLY BE INACCURATE, INCOMPLETE OR OUT OF DATE. WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF ANY INFORMATION ON OUR SITE. FOR EXAMPLE, PRODUCTS INCLUDED ON OUR SITE MAY BE UNAVAILABLE, MAY HAVE DIFFERENT ATTRIBUTES THAN THOSE LISTED, OR MAY ACTUALLY CARRY A DIFFERENT PRICE THAN THAT STATED ON OUR SITE. WE RESERVE THE RIGHT, WITHOUT PRIOR NOTICE, TO LIMIT THE ORDER QUANTITY ON ANY PRODUCT OR SERVICE AND/ OR TO REFUSE SERVICE TO ANY CUSTOMER. IN THE EVENT THAT THE POST-ROMANTIC CO. EXERCISES ITS RIGHT TO LIMIT THE ORDER QUANTITY ON ANY PRODUCT OR SERVICE AND/OR REFUSE SERVICE, YOU WILL BE GIVEN THE OPPORTUNITY TO CANCEL YOUR ORDER OR RECEIVE A REFUND FOR ANY PAYMENT CHARGES MADE LESS THE VALUE OF ANY PRODUCT(S) RECEIVED IN THE SAME MANNER AS THE INITIAL PAYMENT CHARGE. WE ALSO MAY REQUIRE VERIFICATION OF INFORMATION PRIOR TO THE ACCEPTANCE AND/OR SHIPMENT OF ANY ORDER. NOTWITHSTANDING THE ABOVE, THE POST-ROMANTIC CO. DISCLAIMS TO THE MAXIMUM EXTENT ALLOWED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF PRODUCT(S), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE POST-ROMANTIC CO. AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCT(S) YOU PURCHASE. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED THE POST-ROMANTIC CO. OF THE POSSIBLITY OF SUCH DAMAGES.
All notices given by you to us must be given to us in writing by emailing us at firstname.lastname@example.org. We may give notice to you at either the email or postal address you provided to us when placing an order, or in any of the ways specified in paragraph 4. Notices will be deemed received and properly served immediately when posted on the site, 24 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of email, that such email was sent to the specified email address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights and obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
14. EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether war declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
d. Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport
e. Impossibility of the use of public or private telecommunication networks
f. The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHTS TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to policies and terms and conditions in force at the time that you order Product(s) from us, unless any changes to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).
19. LAW AND JURISDICTION
a. Contracts for purchase of Product(s) through our site will be construed, interpreted, and applied in accordance with the laws of the state of New York (excluding its body of law controlling conflicts of law).
b. With respect to matters relating to these Terms and Conditions or those contemplated hereby, each Party irrevocably (i) submits itself to arbitration under the rules of the International Chamber of Commerce, in New York, and (ii) agrees not to assert any claim that such Party is not personally subject to the jurisdiction of such arbitral tribunal, or that the action nor proceedings is brought in an inconvenient forum or that the venue of the suit, action or proceeding is improper; and (iii) irrevocably consents to service of process and other notices by email to the email address or mailing address for such party as set forth in Paragraph 12 above.
c. If there is a dispute or alleged breach under these Terms and Conditions, or any such Contracts contemplated hereby, the Parties shall work together in good faith first to resolve the matter internally by escalating it to higher levels of management. If no resolution to the dispute can be reached despite the Parties best efforts, the Parties shall use a mutually agreed alternative dispute resolution technique before resorting to litigation.
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-identifying Information and Log Data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. Any aggregated information shared in these contexts will not contain your Personal Information.
Every email we send will include a link to opt-out of any future communication. If you decide at any time that you no longer wish to receive such communications from us, please follow the opt-out instructions provided in any of the communications or contact us at email@example.com directly with “Privacy” as the subject line of the e-mail if you wish for your data to be 100% deleted. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
The Post-Romantic Co. may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Identity theft and the practice currently known as “phishing” greatly concern The Post-Romantic Co.. We do not and will not, at any time, request your credit card information or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.
The Post-Romantic Co. cooperates with government and law enforcement officials to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of The Post-Romantic Co. or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
Safeguarding your information is a top priority for The Post-Romantic Co., but no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter your sensitive or personal information, we encrypt that information using best industry standards and practices.
We will make any legally required disclosure of any breach of security, confidentiality, or integrity of your encrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via e-mail or conspicuous posting on this Site as soon as possible without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
This Site is not directed to persons under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org directly with “Privacy” as the subject line of the e-mail. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.