1. General
These General Terms and Conditions of Use ("Terms") are entered into by and between you and Norma Kamali, Inc (“Norma Kamali”). In consideration of your use of and access to this Internet website (“Norma Kamali website”) and the promises and obligations herein, and intending to be legally bound, you and Norma Kamali hereby agree that your access to and use of the Norma Kamali website is subject to these Terms, as well as any modifications issued by Norma Kamali to these Terms, and all applicable laws and regulations. PLEASE READ THESE TERMS CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not agree to all of these Terms or if you do not want to be bound by these Terms, do not use the Norma Kamali website. Among other things, Norma Kamali provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by Norma Kamali in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Norma Kamali website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
IMPORTANT NOTICE: By agreeing to these Terms, you and Norma Kamali hereby waive any right to participate in a Class-Action lawsuit or class-wide arbitration.
These Terms apply to all users of the Norma Kamali website, including, but not limited to, users who are browers, vendors, customers, merchants and/or contributors of content.
2. Changes in Terms
Norma Kamali shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Norma Kamali website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Norma Kamali website. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Norma Kamali to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Norma Kamali shall be valid or enforceable against Norma Kamali unless expressly agreed to by Norma Kamali in a writing signed by a duly authorized officer of Norma Kamali.
3. Termination
Norma Kamali reserves the right to immediately terminate this agreement and/or your access to and use of the Norma Kamali website or any portion thereof, at any time and for any reason, with or without cause. Norma Kamali shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Norma Kamali website shall immediately cease. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
4. Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Norma Kamali website and your purchase of items from Norma Kamali (if applicable) on the Norma Kamali website.
5. COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of NORMA KAMALI, INC. and/or its affiliates or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of NORMA KAMALI, INC. and/or its affiliates and protected by U.S. and international copyright laws. All software used on this site is the property of NORMA KAMALI, INC. and/or its affiliates or its software suppliers and protected by United States and international copyright laws. This content cannot be used unless expressly authorized by the applicable copyright owner.
6. TRADEMARKS
NORMA KAMALI, INC. graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Norma Kamali, Inc and/or its affiliates in the U.S. and/or other countries. Company trademarks and trade dress may not be used in connection with any product or service that is not NORMA KAMALI, INC. and/or its affiliates, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NORMA KAMALI, INC. and/or its affiliates. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NORMA KAMALI, INC. and/or its affiliates. These materials may not be used unless expressly authorized by the applicable trademark owner.
7. LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NORMA KAMALI, INC. and/or its affiliates. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NORMA KAMALI, INC. and/or its affiliates. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without expresses written consent. You may not use any meta tags or any other "hidden text" utilizing Company name or trademarks without the express written consent of NORMA KAMALI, INC. and/or its affiliates. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Company or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet (collectively, the “Prohibited Uses”). This list is in no way exhaustive. We reserve the right to terminate your use of the Service or any related website for violating any of the Prohibited Uses.
8. Linked Third Party Sites
Links to other Internet websites operated by third parties, including Norma Kamali vendors, do not constitute sponsorship, endorsement, or approval by Norma Kamali of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Norma Kamali, and Norma Kamali is not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices and we will not have any liability or responsibility for any third-party materials or websites or for any other materials, products or services of third parties. Links to other sites are provided for your convenience only, and you access them at your own risk.
9. Prices; Orders (Applicable if Products Are Sold on Norma Kamali.com)
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
All prices displayed on the Norma Kamali website are quoted in U.S. dollars. Norma Kamali will add shipping and handling fees and applicable sales/use tax as necessary. Norma Kamali reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Norma Kamali website without incurring any obligation to you. Products displayed on the Norma Kamali website are available while supplies last. The receipt by you of an order confirmation does not constitute Norma Kamali's acceptance of an order. Prior to Norma Kamali's acceptance of an order, verification of information may be required. Norma Kamali reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Norma Kamali, for any reason. Norma Kamali reserves the right to limit the order quantity on any item, to discontinue any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Norma Kamali shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Norma Kamali shall promptly issue a credit to your credit card account in the amount of the incorrect price.
We are not responsible if information made available on the Norma Kamali website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
The Norma Kamali website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
10. Registration
Certain areas of the Norma Kamali website may require registration or may otherwise ask you to provide information to access certain features or content. By registering at and in consideration of your use of the Norma Kamali website, you agree to provide true, accurate, current and complete information about yourself. The Norma Kamali website’s practices and your submission of personal information are disclosed in our Privacy Policy.
If you register with the Norma Kamali website, you agree accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your registration or any rights associated with your registration. 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 Norma Kamali website using your credentials. Norma Kamali may, in our sole discretion, and at any time, with or without notice, terminate your password and registration, for any reason or no reason at all.
11. Submissions of Materials
Norma Kamali is pleased to hear from our customers and welcomes your comments regarding Norma Kamali’s services and products. However, Norma Kamali does not allow submission or consideration of creative ideas, suggestions, or materials (“Creative Ideas”) other than those that have been specifically requested.
If you at any time submit to us through any media Creative Ideas at Norma Kamali’s request or on your own accord, provide photographs or other identifiable information (“Materials”), you grant Norma Kamali and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display any such Creative Idea or Materials throughout the world in any media. You also grant Norma Kamali and our affiliates the right to use the name you submit in connection with any such Creative Idea or Materials, if it so chooses. You represent and warrant that you own or otherwise control all Creative Ideas and Materials you submit to Norma Kamali and you will indemnify Norma Kamali and our affiliates for all claims arising out of any Creative Idea or Material you submit. We shall be under no obligation to (1) maintain any submission in confidence; (2) to pay compensation for any submission or (3) to respond to any comments or submission.
12. Hyperlinks
In the event the Norma Kamali website contains hypertext links to websites that are not created or maintained by Norma Kamali, these Terms apply only to the Norma Kamali website and not to any of these third-party websites. Norma Kamali is not responsible for the accuracy, relevance, timeliness, or completeness of those third-party websites. The inclusion of any link to such websites does not imply endorsement, sponsorship or recommendation by Norma Kamali of the third-party websites. Norma Kamali disclaims any liability for links (1) from another website to the Norma Kamali website, and (2) to another website from the Norma Kamali website. Norma Kamali cannot guarantee the standards of any website to which links are provided on the Norma Kamali website, nor shall Norma Kamali be held responsible for the contents of those websites, or any subsequent links. For this reason, Norma Kamali does not represent or warrant that the contents of any third-party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Norma Kamali does not endorse the contents of these third-party websites in any way. Also, Norma Kamali is not responsible for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
13. Disclaimer
NORMA KAMALI MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE NORMA KAMALI WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. NORMA KAMALI ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE NORMA KAMALI WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT NORMA KAMALI OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE NORMA KAMALI WEBSITE. 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.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NORMA KAMALI, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE NORMA KAMALI WEBSITE, EVEN IF NORMA KAMALI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NORMA KAMALI’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
15. Indemnification
You agree to defend, indemnify, and hold harmless Norma Kamali, its subsidiaries affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees 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 or relating to (i) your violation of these Terms, (ii) any allegation that any information on material (including any Creative Ideas) submitted by you violates any intellectual property rights of any third party, (iii) any activity related to your account or (iv) that violates any law or statutes, ordinances or regulations.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York, U.S.A., without regards to conflicts of laws principles. Any dispute in connection with these Terms that results in court action shall be resolved by a state or federal court located in the State of New York, U.S.A., and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-convenience.
17. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
18. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Norma Kamali website constitutes the entire agreement and understanding between you and us and governs your use of the Norma Kamali website, 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
19. Contact Information
Questions about the Terms should be sent to us at info@normakamali.com or at
Our contact information is posted below:
Norma Kamali, Inc.
info@normakamali.com
Phone No.: 212-957-9797.