Please read the following terms and conditions (the “Terms of Use”) carefully before using this website. By accessing this website, you agree to be bound by these Terms of Use. If youd o not agree with these Terms of Use, you may not use the website. Westman Atelier, LLC (“Westman Atelier,” “Us,” “Our” or “We”), recommends that you keep a printed copy of these Terms of Use for future reference. These Terms of Use and the information provided herein in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein.
We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the website. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the website by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions.
Please also read our privacy policy which also governs your use of this website.
A SPECIAL NOTE ABOUT CHILDREN: This website is not designed or intended for use by children under 13, although the website may offer children’s products for purchase by adults. If you are under 18, you should use the website only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.
Intellectual Property Ownership and Use
Please be aware that as you visit and navigate this website your use of our site is subject
to applicable laws governing ownership and use of intellectual property, including our
trademarks and copyrights.
For International Website Users: The website is hosted in the United States and is intended for and directed to users in the United States. By using this website you are subjecting yourself to the laws and jurisdiction of the United States.
Trademarks
You may not use any of the Westman Atelier trademarks or trade dress without our prior
written permission. Trademarks or trade dress include the Westman Atelier name and
logos, and other graphics, logos, page headers, button icons, scripts, and service names of
Westman Atelier's products, services, and programs. Any other trademarks that appear on
our website are the property of their owners, who may or may not be affiliated with,
connected to, or sponsored by us or our affiliates.
Copyright
All text, graphics, photographs, logos, button icons, images, audio clips, digital
downloads, and data compilations appearing on the website, as well as the software used
to create them, are owned or licensed by Westman Atelier and/or its affiliates and are
protected by U.S. and foreign copyright laws. You may electronically copy and/or print
“hard copies” from the website solely for personal, non-commercial purposes related to
placing an order or shopping on the website. Any other use of any content included on
the website, including linking or framing to this website, are strictly prohibited unless
you first obtain our prior written consent.
Linked Third Party Sites
You may be able to link (through various methods including hyperlinks, clickable images
or words, banners and widgets) from this website to third-party websites, applications and
services, and third-party websites may link to the website (“Linked Sites”). Linked Sites
are not operated, controlled or maintained by us, and you acknowledge and agree that we
have no responsibility for any information, content, advertising, products, services or
other materials on any Linked Sites, and that links to Linked Sites do not constitute an
endorsement, approval or sponsorship thereof. We disclaim all responsibility for any
viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of
the information they provide and for any goods or services provided by or purchased
from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and
assume all resulting responsibilities and consequences.
Non-Confidential Information
Except for information necessary to place an order, please do not send to us any
confidential or proprietary information through this website. Any information, materials,
suggestions, ideas or comments sent to us will be considered non-confidential, and by
submitting it, you are giving us the absolute right to use, modify, reproduce, transmit,
display and distribute it for any purpose whatsoever, with no payment or other
compensation to you. However, we will not use your name unless we are required by law
to identify the source of the materials, information, suggestions, ideas or comments, or
unless we first obtain your permission. We shall have no obligation to display any
submission, compensate you for submitting content, or respond to any submission. We
retain the right, in our sole discretion and without prior notice, to remove, revise or refuse
to post any user content for any reason or no reason.
Errors and Inaccuracies
We always try to provide complete, accurate, up-to- date information on our website.
Unfortunately, despite those efforts, human or technological errors may occur. This site
may contain typographical mistakes, inaccuracies, or omissions, some of which may
relate to pricing and availability, and some information may not be complete or current.
We reserve the right to correct any errors, inaccuracies or omissions, including after an
order has been submitted and whether or not the order has been confirmed and your
credit card charged, and to change or update information at any time without prior notice.
If your credit card has already been charged and we cancel your order, we will issue the
credit to your credit card. Individual bank policies dictate when this amount is credited to
your account.
Although we make every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the display settings and device of the user, and we cannot guarantee that your electronic device will accurately portray the actual colors of the products.
Orders
You may order products from the website only if you have reached the age of majority in
your jurisdiction. You agree to pay in full the prices for your purchases, plus any
applicable taxes. Certain products and services that you may be able to purchase or
download through the website may be subject to additional terms and conditions
presented to you during such purchase or download.
Nothing contained on the website shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance. Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. You may not purchase our products for resale purposes.
By making a purchase from the website, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to collect on any unpaid debt, to operate our fraud prevention program and to obtain credit card authorization.
Products listed on the website are not guaranteed to be available as products may not be in stock, or may be low in stock, when an order is completed. Prices displayed on the website are quoted in USD and are valid and effective only in the U.S.
Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on westman-atelier.com. All purchases from westman-atelier.com are made pursuant to the terms and conditions found on the website. Risk of loss and title for items purchased from the website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
Registration
Using certain features on this website may require creating an account (“Account”) and
submitting personal information (including creating a username and password used to
access the Account). The website’s information collection and use policies are set forth in
the website’s Privacy Policy, which is incorporated herein by reference. You agree to
provide only true, accurate, current and complete information.
You agree to accept responsibility for all activities that occur under your Account, if any, and agree you will not sell, transfer or assign your Account or any rights associated with your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portions of the website using your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the website for any reason.
Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with
respect to this website, its content, or the information available on or through it; they are
provided "as is," with all faults. Except as otherwise provided under applicable laws, we
will not be liable for any damages whatsoever arising out of or related to the use of this
website or any other site linked to it. This limitation of liability applies to direct, indirect,
consequential, special, punitive or other damages you or others may suffer, as well as
damages for lost profits, business interruption or the loss of data or information, even if
we are notified in advance of the potential for any such damages.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the website, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the website. If you are dissatisfied with the website, your sole remedy is to discontinue using the sites.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Indemnification
You agree to defend, indemnify, and hold harmless us, our subsidiaries, affiliates and
vendors, and each of their affiliates and related entities and their respective directors,
officers, employees, and agents from and against all claims, losses, damages, liabilities,
and costs (including but not limited to reasonable attorneys’ fees and court costs), arising
out of, relating to or in connection with your use of the website including, but not limited
to, (i) your violation of these Terms of Use, (ii) any allegation that any information on
material submitted by you violates any intellectual property rights of any third party, or
(iii) any activity related to your Account.
Prohibited Uses
The website may be used only for lawful purposes and is available only for your
personal, noncommercial use, which shall be limited to viewing the website, purchasing
products, and downloading product information for your personal review. You are
responsible for your own communications, including the transmission, posting, and
uploading of information and are responsible for the consequences of such
communications to the website. We specifically prohibit any use of the website, and you
agree not to use the website, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
Communicating, transmitting, or transferring (by any means) information or software derived from the website to foreign countries or certain foreign nations in violation of any applicable export control laws;
Attempting to interfere in any way with the website’s or our networks or network security, or attempting to use the website’s service to gain unauthorized access to any other computer system; and
Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
Security
Violations of system or network security may result in civil or criminal liability. We
reserve the right to investigate occurrences and prosecute any user or users who are
involved in such violations. You are prohibited from violating or attempting to violate the
security of the website, including, without limitation, the following:
Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of the website, our provision of services to any other visitors to the website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “mailbombing” or “crashing” the website; and
Forging any TCP/IP packet header or any part of the header information in any e- mail or transmission to the Web Site.
Applicable Law
By visiting our website, you agree that the laws of the State of New York, without regard
to principles of conflict of laws, will govern any dispute of any sort that might arise
between you and us or any of our affiliates regarding your visit to and use of our website.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision. The invalidity of any term, condition or
provision in these Terms shall not affect the enforceability of those portions of the Terms
deemed enforceable by applicable courts of law. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and us as a result of
the Terms or your use of the website. You may not assign the Terms of Use or any of
your rights or obligations under the Terms without our express written consent. The
Terms of Use inure to the benefit of our successors, assigns and licensees. The section
titles in these Terms of Use are for convenience only and have no legal or contractual
effect.
Westman Atelier, LLC (“Westman Atelier”, “we”, “our”, “us”) and its subsidiary and affiliate companies respect the privacy rights of its online visitors (“you” “your”, “yours”) and recognize the importance of protecting the information collected about them. This Privacy Policy addresses the use and disclosure of personal information we collect from you.
By visiting this Web Site, or providing your information to us, you are accepting the practices described in this Privacy Policy.
Please exit this Web Site immediately if you do not accept this Privacy Policy or are accessing the Web Site in a country or other territory where use of the Web Site is not permitted.
What information Westman Atelier Collects.
Westman Atelier collects and stores information from visitors to our stores and/or this Web Site, including those who register their information with an in-store associate or who use the online store. For example, when you place an order, we collect and store some or all of the following information that you provide: name, billing address, shipping address, email address, telephone number, credit card number and expiration date. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. This information also may be used for our own marketing and internal business purposes, and to contact you about sales, special offers and new site features, unless you have opted not to receive promotional communications in connection with this Web site. To serve you better, we may combine information you give us with other information which is publicly available.
We may collect and store certain other information automatically whenever you interact with this Web Site. For example, we may collect your IP address, browser information and reference site domain name every time you visit this Web Site. We also may collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve this Web Site and to provide our customers with a fulfilling shopping experience.
Also, like many Web Sites, we use "cookies", which are files stored on your computer's hard drive by your browser. We use cookies to ascertain which web pages are visited and how often, to make our Web Site more user friendly, and to give you a better experience when you return to the Web Site. For example, cookies allow us to save your password so you do not have to re- enter it every time you visit our Web Site. Most browsers accept cookies automatically but allow you to disable them. We recommend that you leave cookies "turned on" so that we can offer you a better shopping experience on this Web Site.
Your California rights
Westman Atelier collects various types of personal information about you both online and
offline, as described in this privacy policy. Under California law, customers of Westman Atelier
who are residents of California may request certain information about our disclosure of personal
information during the prior calendar year to third parties for their direct marketing purposes. To
make such a request, please contact us at contact@westmanatelier.com or write to us at the
following address:
Westman Atelier, LLC
135 Central Park West
New York, NY 10023
Is Information Collected From Children?
This Web Site is not intended or directed to anyone under the age of 13. We do not sell or ship
any items ordered through this Web Site directly to anyone who we know to be under the age of
13, nor do we collect any personal information from anyone who we know to be under the age of
13. If you are under the age of 13, you should use this Web Site only with the involvement of a
parent or guardian and should not submit any personal information to us.
Does Westman Atelier share your information with others?
We do not share with others, or sell or rent to others, any personal information that you provide
to us through this Web Site except with your consent or as described in this Privacy Policy.
We may share your personal information with our subsidiaries, affiliates and/or partners (collectively, “Affiliates”) in connection with marketing and promotional material distribution related to Westman Atelier products and/or services.
We may engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web Site evaluation, data analysis and, where applicable, data cleansing. We provide personal information to these third parties, but we authorize them to use this information only in connection with the services they perform.
In the unlikely event of a sale of some or all of our business, Westman Atelier may disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this Privacy Policy.
You should also be aware that we may disclose specific information about you if required to do so by law, governmental request, process or court order or based on our good faith belief that it is necessary to conform or comply with such law, request or court order or to protect the users of our Web Sites or the public.
Security
The security of your information is very important to us and will only collect personally
identifiable information to the extent deemed reasonably necessary to serve you in view of our
legitimate business purposes as set out above. We use Secure Socket Layer (SSL) encryption
technology to protect the security of your online order information.
While we implement these and other security measures on our sites, please note that 100% security is not always possible. You play a role in protecting your information as well. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others.
Because we are a global company, the data that we collect from you may be transferred to, and stored at, a destination outside the US. Data we collect may also be processed by staff operating outside the US who work for us, our Affiliates or for one of our suppliers or service providers. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.
Accuracy and retention
If you are registered with Westman Atelier and/or on our Web Site and would like us to remove
you from our list, please contact via email contact@westmanatelier.com.
Privacy Policy Updates
We may update this Privacy Policy from time to time. Whenever we make a change, we will post
the updated policy at this Web Site and we encourage you to check our policy periodically. If we
make a material change to this Privacy Policy that would lessen your privacy rights, we will
either continue to honor our prior policy for information that we collected when it was in force,
or we will ask for your consent to the change. If you have any questions or concerns regarding
this Privacy Policy, please contact us at contact@westmanatelier.com or write to us at the
following address:
Westman Atelier, LLC
135 Central Park West
New York, NY 10023