AlterKnit New York Terms and Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”) govern your use of AlterKnit New York (“AlterKnit New York,” “we” or “us”) services and website (“Site”). By using, visiting, or browsing AlterKnit New York services or Site, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the AlterKnit New York services or Site. These Terms and Conditions are an ongoing contract between you and AlterKnit New York and apply to your use of the AlterKnit New York services and Site.
These Terms and Conditions affect your rights and you should read them carefully. The services and Site are available only to individuals who are not less than 13 years old. If you have any questions about these Terms and Condition or the Site please contact us at [email protected]
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right from time to time, with or without notice to you, to change these Terms and Conditions in our sole and absolute discretion. The most current version of these Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” located at the footer of any page of the Site. The most current version of the Terms and Conditions will supersede all previous versions. It is your responsibility to check our Site periodically for changes. Your use of our Site or continued use of our service after changes are made means that you agree to be bound by such changes, so please review it frequently.
GARMENT REPAIR SERVICES
We will always use our best judgment and craftsmanship when repairing a garment. While we take extreme care and attention, we cannot guarantee that all repairs will meet products original condition. We cannot assume any responsibility for inherent damages, weaknesses, and defects in fabric and their fibers that are not apparent prior to being repaired or cleaned. During the repair process members of our team work with their faces very close to the garment. We reserve the right to clean your garment where there is visible pet or human hair, dirt, food or excessive smell. Additional fees may be incurred if laundering services are required or for additional holes. Any additional holes found will be fixed. There are no refunds on any/all repairs or alterations. All services repairs and alterations are final sale.
GARMENT REPAIR SERVICES – LOSS
If we determine that we are responsible for the loss of an item submitted for repair or alteration we will refund 30% of the original value of garments less than a year old with a maximum refund amount of $250 with substantial documentation. We require the original store receipt to process claims.
For outbound packages, we include $100 of insurance in case of loss or damage. Extra insurance is available for an additional charge depending on the coverage amount. We will not refund beyond the insurance amount and we will not refund cost of repair in case of loss or damage by the shipping carrier.
GARMENT CLEANING SERVICES
We may offer a clothes cleaning service by providing users with pickup, cleaning, and delivery of their clothes. We are not responsible for articles not claimed. In accordance with New York State Law, garments not picked up within six months will be handled in accordance with New York State regulations. We exercise utmost care in processing articles entrusted to us and use such processes which, in our opinion, are best suited to the nature and condition of each individual article. Nevertheless, we cannot assume responsibility for inherent weaknesses of or defects in materials that are not readily apparent prior to processing. This applies particularly, but not exclusively to suedes, leathers, silks, satins, double-faced fabrics, vinyls, polyurethanes, etc. Responsibility also is disclaimed for trimmings, buckles, beads, buttons, bells and sequins. In laundering we cannot guarantee against color loss and shrinkage; or against damage to weak or tender fabrics. We are not responsible for loose items in pockets or bundles of garments and are not responsible for damage to your garments from items left in pockets or bundles of garments. There are no refunds on any/all cleaning services. All cleaning services are final sale.
GARMENT CLEANING SERVICES – LOSS OR DAMAGE
As an added convenience to our customers, we do not take inventory when picking up garments and we do not require a signed delivery confirmation. We take inventory of the items you entrust us once we get your package to our cleaning facility and itemize each garment. Difference in count must be reported within 48 hours after delivery of shipment. In the event that a garment has been lost or damaged our liability will not exceed the equivalent value of ten (10) times the cost of cleaning the item, regardless of brand or cost of the garment, which is the Industry standard.
REPORTING A CLAIM FOR LOSS OR DAMAGE
We must receive notice of a claim due to damage (visible or concealed), or shortage within 48 Hours after delivery of the shipment. Notice of claims will take 30 days to process and investigate. Notice of claims for which you are seeking more than US$50 must be in writing. All claims must be made within the time limits set forth above. Your notice of claim must include complete date of shipment, number of pieces, description of each piece and original store receipt. Failure to provide us with notice in the manner and within the time limits set forth above will result in denial of your claim, and we will have no liability or obligation to pay your claim. The filing of a lawsuit does not constitute compliance with these notice provisions. Written documentation supporting the amount of your claim must be delivered to us within the time frame specified above. We are not obligated to act on any claim until all charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance owed to us. We are not responsible for any loss or damage after delivery to your doorman, concierge, other apparently authorized person or third-party carrier. We are not responsible for any loss or damage due to handling by, storage with or delivery by your doorman, concierge or other authorized person, including, for instance, the erroneous delivery of your garment to a third party cleaner. FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS WILL RESULT IN THE DENIAL OF YOUR CLAIM.
In the case that items were either unrepairable or service was declined upon receiving estimation, you will have six months to pick up the items or they will be disposed of at our discretion. Completed and unpaid items will incur a $5/month fee after three weeks.
DELIVERIES AND PICK-UPS
Deliveries or pick-ups that require multiple attempts, excessively long wait times or address street is unaccessible to enter by car are subject to a $25 fee.
ONLINE STORE TERMS
We may offer products for purchase through our Site via an online store. By agreeing to these Terms of Conditions, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms and conditions will result in an immediate termination of your Services.
FIRST FIX PROMOTION
Cleaning value of up to $15. Valid for first time customers only. Offer valid on first fixed sweater only. Coats jackets, pants, dresses, blankets or any other garments will incur additional fees. Offer cannot be combined with any other offers or promotions.
CASH CLUB PROGRAM
Knit NY, LLC (“we”, “our”, “us” or “Sponsor”) may, from time to time, offer individuals (“you”) the opportunity to earn rewards (the “Program”) by referring family, friends and colleagues by using our services at Alter Knit New York or www. alterknitnewyork.com (the “Site”). We reserve the right to terminate or suspend the Program at any time for any or no reason.
These terms (“Terms and Conditions”) apply to your participation in the Program. By participating in the Program, you agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms & Conditions in their entirety you are not authorized to register as a Referrer (defined below) or to participate in the Program in any manner. Participation in the Program (and the benefits that are offered under the Program) is at our sole discretion; and, we have the right to change the Terms and Conditions, in whole or in part, at any time with or without notice.
1. How the Program Works
a. Program Participation, Generally
To participate in the Program as a Referrer (defined below), you must login to your account at the Site and follow the on-screen instructions to receive a unique and personal URL (“Personal Link”), which may be shared with friends, family and colleagues. Individuals who refer others to the Site are called “Referrer(s)”; individuals who are referred are called “Referred Customer(s).”
A Referrer (collectively, “Users”) may be eligible to receive certain Reward(s) (defined below), and fully compliant with, these Terms and Conditions and the Referred Customer is a Qualified Referral (defined below). We reserve the right to disqualify any User at any time from participation in the Program for any failure to comply with any of these Terms and Conditions.
A User must be of legal age in their jurisdiction (and in any event at least 18 years of age). A User may not participate in the Program where doing so would be prohibited by any applicable law or regulation.
c. Qualified Referrals
Rewards will only be awarded for Qualified Referrals. A “Qualified Referral” means that all the following conditions are met:
The Referred Customer has not previously used any service with AlterKnit New York
The Referred Customer spends $75 or more on service with AlterKnit New York, using the Referrer’s Personal Link.
The Referred Customer is otherwise in full compliance the Terms and Conditions;
Only one Qualified Referral may be earned for each Referred Customer; and,
Any additional or subsequent purchases made by a Referred Customer will not be a Qualified Referral.
d. Earning Cash Rewards
Referrer will receive ten dollar (U.S. $10.00) cash (a “Reward”) for each valid Qualified Referral that uses the Personal Link supplied by the Referrer when the first order placed by each such Qualified Referral is completed.
Each Qualified Referral will receive a ten dollar (U.S. $10.00) Cash, applied after full completion of referred customer order of $75 of their first purchase from the Site. If Referred Customer fails to apply the Reward to the first order, it will be forfeited. A Referred Customer may not use more than one Personal Link.
Cash Rewards are subject to verification. We may withhold a Reward for investigation, or refuse to process any transaction we deem fraudulent, suspicious, in violation of these Terms and Conditions, or that we believe will impose liability on us or our subsidiaries, affiliates or any of our or their respective officers, directors, employees, representatives and agents.
Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of Referrer’s account for any reason, any unredeemed Rewards accumulated by Referrer are forfeited.
Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Any offer for any product made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on the Site. Display of an item on the Site is not a guarantee that the item is currently in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to the Site or if you have any questions concerning the availability of a particular item, please contact us at [email protected] We will fulfill your requests whenever possible.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order by updating us promptly via phone at 212.473.MEND (6363). You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us, and accept responsibility for all activities that occur under your account. You will comply with all laws applicable to your activities on the Site and with this Agreement.
You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
LINKS TO OTHER WEBSITES
When you access a non-AlterKnit New York website, please realize that it is independent of us. Linking to any off-site pages is at your own risk. We make no warranties or representations about any non-AlterKnit New York website and has no responsibility for such websites or their content. In addition, certain third party sites may also provide links to the Site. None of such links should be deemed to imply that we endorse such third party sites or any content therein.
COPYRIGHT AND OWNERSHIP
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, AlterKnit New York. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of AlterKnit is strictly prohibited. You acknowledge that AlterKnit New York and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. We reserve the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from us.
ACCEPTABLE USE POLICY
You agree not to engage in unacceptable use of the AlterKnit New York services or Site, which includes, without limitation, use of the AlterKnit New York services or Site to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the AlterKnit New York services or Site or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by AlterKnit New York. to be in conflict with the spirit or intent of this Agreement.
WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE ALTERKNIT NEW YORK SERVICES, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE ALTERKNIT NEW YORK SERVICES, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALTERKNIT NEW YORK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ALTERKNIT NEW YORK SERVICES, THE WEBSITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH ANY OF THE ALTERKNIT NEW YORK SERVICES; ALTERKNIT NEW YORK DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. ALTERKNIT NEW YORK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE ALTERKNIT NEW YORK SEVICES. ALTERKNIT NEW YORK DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. LIMITATION OF LIABILITY. NEITHER ALTERKNIT NEW YORK NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “ALTERKNT NEW YORK PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE ALTERKNIT NEW YORK SERVICES, OR THE INTERNET. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE ALTERKNIT NEW YORK SERVICE AND TO TERMINATE THIS AGREEMENT.
The material in the Site is provided for lawful purposes only. AlterKnit New York controls and operates this Site from New York, New York, USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
CHOICE OF LAW
This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with AlterKnit New York or relating in any way to your use of AlterKnit New York services or the Site resides in the federal and state courts located in the Borough of Manhattan, and you further expressly consent and agree to personal jurisdiction by such courts sitting in the State of New York in connection with any such dispute, including any claim involving AlterKnit New York or any of its affiliates. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
You agree to defend, indemnify, and hold all AlterKnit New York Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by or on behalf of you or otherwise through use of your account.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.