TERMS OF USE | TERMS OF SALE
TERMS OF USE | TERMS OF SALE
Last updated: March 2018
Jeffrey Burroughs, LLC has its registered offices at 131 Varick Street, Suite 919, New York, NY 10013. The Platforms are owned and edited by Jeffrey Burroughs.
These Terms of Use govern your use of Jeffrey Burroughs websites and mobile applications (together the “Platforms”). In these Terms of Use, we use the term Jeffrey Burroughs (and “we”, “us” and “our”) to refer to the head office of Jeffrey Burroughs at the registered address above.
Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorized to continue use of the Platform.
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.
Hosting Services for our website is provided by Bluehost.com. Mobile applications may be hosted by us or by other companies and you should refer to the relevant conditions of such other company.
Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.
Customers purchasing products online or by phone through the Jeffrey Burroughs must read the Conditions of Sale, which will govern the terms and conditions of any such purchases. The provisions entitled “Limitation of liability” below do not cover the sale of products online of over the phone and please refer to the Terms of Sale for the relevant exclusions and limitations of liability.
Jeffrey Burroughs has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Jeffrey Burroughs products displayed on the platforms are representative of the color, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Jeffrey Burroughs cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you contact our concierge service prior to making a purchase online or by phone.
You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (“Jeffrey Burroughs Material”) are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Jeffrey Burroughs Material in any way for any public or commercial purposes. Furthermore, Jeffrey Burroughs Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use Jeffrey Burroughs Material will automatically terminate and any copies made of Jeffrey Burroughs Material must be immediately destroyed. Any unauthorized use of Jeffrey Burroughs Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
This section concerns communications sent to Jeffrey Burroughs. It does not concern the communication of personal information to Jeffrey Burroughs in relation to customer questions, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.
Any unsolicited communication or material that you transmit to Jeffrey Burroughs via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Jeffrey Burroughs. By sending communications to Jeffrey Burroughs, you automatically grant Jeffrey Burroughs a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Jeffrey Burroughs and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
This section applies to the Platforms and not to the products that may be sold online or by phone. Jeffrey Burroughs tries to ensure that the information provided is accurate and complete. However, Jeffrey Burroughs does not warrant or represent that Jeffrey Burroughs’s Material is accurate, error-free or reliable or that use of Jeffrey Burroughs Material will not infringe rights of third parties.
Jeffrey Burroughs does not warrant that the functional and/or technical aspects of the Platforms or the Jeffrey Burroughs Material will be error free or that the Platforms, Jeffrey Burroughs Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Jeffrey Burroughs Material results in the need for servicing or replacing property, material, equipment, data or other element, Jeffrey Burroughs is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Jeffrey Burroughs and its suppliers make no warranties about the Jeffrey Burroughs Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.
To the fullest extent permitted by applicable law, Jeffrey Burroughs shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Jeffrey Burroughs has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
“Jeffrey Burroughs New York”, “JB Jeffrey Burroughs”, “JB Jeffrey Burroughs New York” and the Jeffrey Burroughs New York logos are trademarks of Jeffrey Burroughs New York, LLC. In general, all trademarks, logos and service marks (collectively the “Trademarks”) that appear on the Platforms are registered, unregistered or otherwise protected Jeffrey Burroughs trademarks. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without Jeffrey Burroughs’ prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
All content (including Jeffrey Burroughs Materials) on the Platforms are either Copyright © Jeffrey Burroughs or are licensed for use by Jeffrey Burroughs. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
The Platforms may contain links to other platforms operated by third parties not affiliated to Jeffrey Burroughs. The inclusion of any link to such third party sites does not imply endorsement by Jeffrey Burroughs of those sites. Jeffrey Burroughs has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. Jeffrey Burroughs does not authorize linking to any of its Platforms from a third party platform without its express prior written authorization.
You agree that Jeffrey Burroughs may terminate or suspend your access to and use of the Platforms if Jeffrey Burroughs reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Jeffrey Burroughs, its affiliated companies or any third party, with or without notice to you. You agree that Jeffrey Burroughs may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Jeffrey Burroughs will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of liability” and “General provisions” will survive termination of these Terms of Use.
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Jeffrey Burroughs’s products and services and in certain cases to present products for sale via a variety of means. Jeffrey Burroughs makes no representation that Jeffrey Burroughs Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Jeffrey Burroughs Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceable of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by Jeffrey Burroughs of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
These Terms of Use shall be governed by and construed in accordance with the laws of the United States, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use.
If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
131 Varick Street, Suite 919, New York, NY 10013, USA
TERMS OF SALE
JEFFREY BURROUGHS ONLINE BOUTIQUE AND CONCIERGE CENTER
The following terms and conditions and any other related rules that are adopted by Jeff Burroughs New York and made available as provided herein (collectively the “Terms of Sale”) shall apply to all sales of Jeffrey Burroughs products that you (the “Customer” or “you”) may order from Jeffrey Burroughs New York LLC, a corporation organized and existing under the laws New York and is headquartered at 131 Varick Street, Suite 919, New York, NY 10013, USA. (“Jeffrey Burroughs” or referred to herein as “us”, “our” or “we”) either (a) by phone 646-986-0478 via the Concierge Center of Jeffrey Burroughs (the “Concierge Center”) or (b) on the Internet via Jeffrey Burroughs’s Website, identified by the domain name “jeffreyburroughs.com” or “www.jeffreyburroughs.com” (the “Website”).
These Conditions of Sale apply only to sales made through the Concierge Center or the Website.
The Terms of Sale applicable to any order placed through the Concierge Center or the Website are those in force at the time that an order has been placed on your behalf by a Jeffrey Burroughs Concierge Specialist (in the case of an order placed through the Concierge Center) or at the time you place your order (in the case of an order placed through the Website). In the case of an order placed through the Website, when you check the “I Accept” box at the order confirmation section of the Website before placing your order with Jeffrey Burroughs, you indicate your acceptance of these Terms of Sale. If you refuse to accept these Terms of Sale, you will not be able to order any Jeffrey Burroughs products from the Website or the Concierge Center.
Jeffrey Burroughs may modify the Terms of Sale from time to time, at its sole discretion. If you are placing an order through the Website, then by checking the “I Accept” box and placing your order, you will be indicating your agreement to be bound by the Terms of Sale as so modified through such time.
Persons wishing to use the Concierge Center or the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated to these Terms of Sale by reference. Customers using the Concierge Center will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below.
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts may order products through the Concierge Center or on the Website. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Terms of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Concierge Center or on the Website, you represent and warrant that you are a the official end-user customer and will not deliver, sell or otherwise distribute Jeffrey Burroughs products or purchase Jeffrey Burroughs for commercial purposes or any other commercial benefit. If Jeffrey Burroughs believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in fraudulent or grey market activities, then Jeffrey Burroughs may refuse such order.
All orders placed through the Concierge Center or on the Website are subject to availability and acceptance by Jeffrey Burroughs.
Jeffrey Burroughs reserves the right to change the assortment of items proposed on the Website or through the Concierge Center and may limit from time to time the quantity of Jeffrey Burroughs products that may be ordered by a Customer in a single buying session.
The Concierge Center and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those creations displaying a “made to order” button is available for sale through the Website. Jeffrey Burroughs reserves the right to change from time to time the assortment of items offered on its product pages. You may also call the Concierge Center at 646-986-0478 and a Jeffrey Burroughs concierge specialist will provide you with further information as to product availability and assist you with your purchase.
In order to place an order through the Concierge Center or on the Website, you or the Jeffrey Burroughs concierge specialist (on your behalf) will be required to register and create your online account. In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and email address, and to confirm that you have reached the age of majority.
Upon completion of your account registration on the Website or by the Jeffrey Burroughs concierge specialist, you will receive by email a one-time password, which will allow you to log in to your account on the Website and create a permanent account login and password. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Jeffrey Burroughs will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and clause 8 of these Terms of Sale for more details about how we may use your personal information.
Should any of the information you provide to the Concierge Center or on the Website change, please login to your account and update such information directly on the Website, inform the Concierge Center or notify Jeffrey Burroughs at the following email address: clients@jeffreyburroughs.com or as set out in our Privacy Policy. Moreover, in the event that Jeffrey Burroughs reasonably suspects that a third party has breached a customer’s registration, password and/or account login, Jeffrey Burroughs shall immediately cancel and terminate such account, and notify you by email or telephone.
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, click on the “Made to Order” button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on “Delete” next to the chosen product in the Shopping Bag. When you have completely reviewed your order, check the box next to “I accept” to indicate your agreement to be bound by these Terms of Sale, and then click on the “Confirm and place order” button on the Website to place your order.
When ordering by telephone through the Concierge Center at 646-986-0478 a Jeffrey Burroughs ambassador will follow the order process on your behalf.
When placing an order through the Concierge Center or on the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. You warrant that all personal information given to Jeffrey Burroughs is true and correct to the best of your knowledge. Jeffrey Burroughs or its third party providers may collect additional information at this time for security and anti-fraud purposes.
Notwithstanding anything to the contrary provided for herein, Jeffrey Burroughs reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Jeffrey Burroughs may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Jeffrey Burroughs suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.
All prices shown on the product pages of the Website or quoted by the Concierge Center are in U.S. Dollars.
Jeffrey Burroughs reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Concierge Center, at the time Jeffrey Burroughs provides you with a Confirmation of Order, will be honored by Jeffrey Burroughs.
Actual shipping costs and applicable taxes will be reflected on your order page before you are asked to confirm and place your order (in the case of a Website order), or will be quoted by the Concierge Center (in the case of a telephone order), and will also appear on your Confirmation of Order and invoice (if you choose to receive an invoice).
Delivery costs, if any, are described on the shipping page. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
You should carefully check all details before placing your order through the Concierge Center or on the Website, including without limitation the particulars of each sale, which will be provided by the Jeffrey Burroughs concierge specialist (in the case of an order being placed through the Concierge Center) or the Website (in the case of an order being placed through the Website).
Jeffrey Burroughs accepts the following forms of payment: PayPal, Apple Pay, Android Pay, Venmo, and most credit and debit cards, including Visa, Mastercard, American Express, Discover, JCB, and Diner’s Club.
When ordering on the Website, you will need to enter your payment details on the appropriate form. If you order by telephone, you will need to communicate to the Concierge Center your credit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Jeffrey Burroughs, you will need to contact your card issuer directly to solve this problem, and Jeffrey Burroughs will not be liable for any delay or non-delivery.
In order to process your order, we may perform a pre-authorization of your credit card. The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Jeffrey Burroughs, at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Jeffrey Burroughs products on the Website or through the Concierge Center, you expressly authorize Jeffrey Burroughs to perform such credit card pre-authorization and, where Jeffrey Burroughs deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
Jeffrey Burroughs takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Jeffrey Burroughs uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit to the Website; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
In order to secure your transaction and prevent fraud, Jeffrey Burroughs will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Jeffrey Burroughs to perform such checks and, where Jeffrey Burroughs deems necessary, from time to time to transmit or obtain information that you have provided to Jeffrey Burroughs about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.
Once you have placed your order through the Concierge Center or on the Website, you will receive an Acknowledgment of Order by email acknowledging the details of your order.
This acknowledgement of your order is not an acceptance of your order.
Following the transmission of the Acknowledgment of Order, Jeffrey Burroughs will conduct its usual security and anti-fraud checks before processing your order.
When ordering by telephone through the Concierge Center, you will also receive by fax or email these Terms of Sale along with the Acknowledgment of Order. Please carefully review these Terms of Sale upon receipt.
Upon shipment of your order, following completion by Jeffrey Burroughs of its antifraud and security checks, Jeffrey Burroughs will send you an email Confirmation of Order. The Confirmation of Order constitutes the acceptance of your order by Jeffrey Burroughs and indicates the existence of a binding sales contract.
XI. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
WHILE JEFFREY BURROUGHS ENDEAVORS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR CATALOG OR BY THE CONCIERGE CENTER, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILITY
AND COMPLETENESS OF SUCH INFORMATION. JEFFREY BURROUGHS DOES NOT CONFIRM THE PRICE OF A JEFFREY BURROUGHS PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY JEFFREY BURROUGHS, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A JEFFREY BURROUGHS PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEBSITE, THEN JEFFREY BURROUGHS WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE JEFFREY BURROUGHS PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, JEFFREY BURROUGHS DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.’
The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and Jeffrey Burroughs regarding your purchase of Jeffrey Burroughs products through the Concierge Center or the Website, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Jeffrey Burroughs in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Sale, including the validity, invalidity, breach or termination thereof or any Jeffrey Burroughs product purchased through the Website or Concierge Center will be resolved by binding arbitration, rather than in court, except that a Customer may assert claims in small claims court if your claims qualify. The arbitration will be conducted in New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.
PayPal, Apple Pay, Android Pay, Venmo, and most credit and debit cards, including Visa, Mastercard, American Express, Discover, JCB, and Diner’s Club