1. About the Site.
Charlie by Matthew Zink is a swim lifestyle brand. On or through our Site, users can browse the Charlie by Matthew Zink collections, purchase items from the collections, receive news and information about CMZ, link to the websites of CMZ retailers, contact CMZ, and utilize other related services (the “Services”). The online shop portion of our Site is hosted by Yahoo! Store, and Yahoo! hosts the related Services, such as store pages, the ordering system, and order data.
In order to utilize some of the Services available on/through the Site, you will have to register with us. As part of the registration process, you will create a username and password. The username and password that you provide are your credentials ("Credentials") for accessing those Services that are only available to members.
4. Your Personal Information.
5. Your Responsibilities.
You are responsible for all use of the Site and the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may notify us by clicking here. You may use the Site and the Services for lawful purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
• copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
• remove notices of any copyright, trademark or other proprietary rights contained in or on the Site and/or the Services or in any content or other material obtained via the Site and/or the Services;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
• reformat or frame any portion of the web pages that are part of the Site and/or the Services;
• create user accounts by automated means or under false or fraudulent pretenses; or
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
6. Changes to the Services.
7. Links to Other Sites.
8. Shipping Policy/Risk of Loss.
Merchandise will be shipped to the address you provide via the shipping method you designate at checkout, and all sales are made pursuant to a shipment contract, such that the risk of loss and title for all purchased items pass to you upon our delivery to the carrier.
9. Return Policy.
We want you to be 100% satisfied with your Charlie by Matthew Zink purchase. If for any reason you are dissatisfied, we will assist you with a prompt refund or exchange.
Charlie by Matthew Zink accepts returns of unused items within 14 days from the date of shipment with the exception of sale items - sale merchandise is final sale. We are happy to accept full price merchandise in its original packaging, unworn and with all tags attached. For hygienic reasons, we cannot accept returns of swimwear if the hygienic strip is missing from the bottom. Please try on all bottoms over your own undergarments.
Refunds will be credited to the original credit card that was used to make the purchase minus the shipping fees. We are only able to accept merchandise purchased from the Charlie by Matthew Zink website.
Return packages must be shipped prepaid through a traceable method such as UPS, Fedex or Insured Parcel Post and those shipping costs are non-refundable.
Please note that we only offer size/color exchanges. If the chosen substitute size/color is not in stock, we will contact you to confirm a refund. For alternative items, a new order must be placed.
Please send returns and exchanges to:
Charlie by Matthew Zink
Re: Returns Department
32 Bergen Street
Brooklyn, NY 11201
Charlie by Matthew Zink reserves the right to refuse the return/exchange or any merchandise that does not meet the above requirements.
For any additional questions about returns/exchanges please email us at email@example.com
10. Limits on Purchases
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice.
11. International Use/Orders
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States. CMZ makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
12. Product and Pricing Information
Although CMZ has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and CMZ cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. CMZ is not responsible for typographical errors regarding price or any other matter.
13. Sales Tax
Applicable sales tax will be charged on total merchandise, including shipping & handling fees, for orders shipped to locations within the state of New York.
14. Charging Your Credit Card
We do not charge your credit card until [the date we ship your merchandise to you]. Orders are subject to verification and acceptance before shipping. We are not responsible for typographical errors.
15. Additional Terms.
16. Your Use of Content.
All of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics, logos, trade/service marks, and video and audio content, is owned and/or controlled by us, our licensors and/or content suppliers and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain CMZ’s proprietary information. All content not owned by CMZ that appears on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CMZ. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, CMZ and its licensors do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by CMZ to you are retained by CMZ.
17. Disclaimer of Warranties.
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CMZ MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. CMZ DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
18. General Limitation of Liability.
IN NO EVENT SHALL CMZ, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF CMZ OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
21. Entire Agreement.
22. Choice of Law and Dispute Resolution.
Copyright © 2011 Charlie by Matthew Zink, LLC. All rights reserved.
If you have any questions, please contact us here or by postal mail at:
Charlie by Matthew Zink, LLC
32 Bergen Street
Brooklyn, NY firstname.lastname@example.org