General
The following are the terms of use that govern the www.adenandanais.com.au
Website (the “Site”). Your use of the Site constitutes your agreement to these terms.
Aden & Anais, Inc. (“aden + anais”), reserves the right to revise these terms and
conditions. We will post any changes here as they are made. Because your use of
the Site following any changes constitutes your agreement to be bound by any changes,
you may wish to check this section periodically.
Site Content
Unless otherwise noted,
all materials, including images, illustrations, designs, icons, photographs, video
clips, and written and other materials that appear as part of the Site (collectively,
the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual
properties owned, controlled or licensed by aden + anais. The Site as a whole is
protected by copyright and trade dress and all worldwide rights, titles and interests
in and to the Site are owned by aden + anais. All other aden + anais trademarks
appearing on this Site are trademarks of aden + anais.
The Contents of the Site,
and the Site as a whole, are solely for personal, non-commercial (other than for
the purchase of merchandise from the Site) use by the users of the Site. You may
download or copy the Contents and other downloadable materials displayed on the
Site only for your personal use. No right, title or interest in any downloaded materials
or software is given to you as a result of any such downloading or copying. You
may not reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any sale of, or exploit
in any way, in whole or in part, any of the Contents, the Site, or any related software.
Product Information
aden + anais products displayed on the Site are available in
select stores in the United States and select foreign markets while supplies last.
In some cases, merchandise displayed for sale on the Site may not be available in
all stores. The prices displayed on the Site are quoted in U.S. Dollars and are
valid and effective only in the United States for purchases made through the Site.
Design Protection
No rights in the design of aden + anais’ products, or designs
incorporated in such products, shall pass to you except as an integral part of products
purchased by you. You agree not to copy or reproduce, or cause to be copied or reproduced,
either directly or indirectly, aden + anais’ products, product designs, designs
incorporated in such products, or product packaging. This Design Protection provision
shall survive termination of this Agreement.
Colors
We have made every effort to
display the colors of our products that appear on the Site as accurately as possible.
Because the actual colors you see will depend on your monitor, we cannot guarantee
that your monitor’s display of any color will be accurate.
Comments and Submissions
All comments, feedback, suggestions, ideas, and other submissions offered or submitted
to aden + anais in connection with your use of this Site (collectively, “Comments”)
shall be aden + anais’ property. Such offer or submission of any Comments constitutes
an assignment to aden + anais of all worldwide rights, titles and interests in all
copyrights and other intellectual properties in the Comments. aden + anais is under
no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation
for any Comments; or (3) respond to any Comments.
You agree that Comments submitted
by you will not violate any right of any third party, including copyright, trademark,
privacy or other personal or proprietary right(s). You further agree that Comments
submitted by you will not be or contain libelous or otherwise unlawful, abusive
or obscene material. You are and shall remain solely responsible for the content
of any Comments you make.
Privacy Policy
You agree that aden + anais may use and/or
disclose information consistent with our Privacy Policy.
Indemnification
You agree
to defend, indemnify and hold aden + anais harmless from and against any and all
claims, damages, costs and expenses, including attorneys' fees, arising from or
related to your use of the Site.
Links to Other Web Sites
To the extent that this
Site contains links to services and resources not within aden + anais’s control
(“Third-Party Sources”), any claims or concerns regarding any Third-Party Sources,
or any link thereto, should be directed to the particular Third-Party Source. You
agree that aden + anais shall not be liable to you for your use of any Third-Party
Sources.
Disclaimer
IN NO EVENT SHALL ADEN + ANAIS OR ANY OF ITS AFFILIATED ENTITIES,
SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ADEN + ANAIS HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE
OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO
USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE
FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
Inaccuracy Disclaimer
From time to time there may be information
on this Site that contains typographical errors, inaccuracies, or omissions that
may relate to product descriptions, pricing, and availability. We reserve the right
to correct any errors, inaccuracies or omissions and to change or update information
at any time without prior notice (including after you have submitted your order).
We apologize for any inconvenience this may cause you.
Miscellaneous
Unless otherwise
specified and except to the extent aden + anais products are offered for sale in
the United States through this Site, this Site and its Contents are displayed solely
for the purpose of promoting aden + anais’s products available in the United States
and select foreign markets. This Site is controlled and operated by aden + anais
from its offices in Brooklyn, New York.
Choice of Law and Venue
This Agreement shall
be governed by, construed and enforced in accordance with the laws of the State
of New York, without giving effect to any conflict of law provisions. Any dispute
arising under this Agreement shall be resolved exclusively by an appropriate federal
or state court sitting in the State of New York, county of Kings.
Third-Party Trademarks
Third-party trademarks, trade names, product names and logos, contained in this
website may be the trademarks or registered trademarks of their respective owners.
Notices for Reporting and Making Claims of Copyright Infringement
aden + anais will
investigate notices of copyright infringement and take appropriate actions under
the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2)
("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement
must be submitted to the following designated agent for this website:
Jeremy Richardson
Phillips Nizer, LLP
666 Fifth Avenue
28th Floor
New York, New York 10103
VIA FACSIMILE:
(212) 262-5152
VIA EMAIL:
jrichardson@phillipsnizer.com
Please send any concerns
regarding our products or services to
info@adenandanais.com.
Termination
This Agreement
is effective unless and until terminated by either you or aden + anais. You may
terminate this Agreement at any time after which time you agree that you shall not
access the Site. aden + anais may terminate this Agreement at any time, may do so
immediately, without notice, and may deny you access to the Site.
Shipping and Delivery Policy
Shipping costs are influenced by the size and weight of the product and your location, exact shipping costs are calculated
in the shopping cart and will be added to the order total before checkout.
Orders are dispatched within 2 business days and shipping times are estimated at between 3-7 business
days depending on your location within Australia.
Customer Service Policy
Aden + Anais is committed to providing exceptional customer service and quality products.
We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct.
Standard delivery timeframes are between 3-10 business days; in the event that an ordered item is not available or we are
unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder
or a full refund.
Security Policy
When purchasing from Aden + Anais your financial details are passed through a secure server using the latest 128-bit SSL
(secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break,
and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre
info@adenandanais.com
ABN 57665732051