Terms of Use

TERMS OF USE

 

Welcome to the Charlie by Matthew Zink website and online shop. The following terms and conditions constitute an agreement between you and Charlie by Matthew Zink, LLC (“CMZ,” “we,” or “us”), the operator of www.charliebymz.com and www.charliebymzstore.com (collectively, the “Site”). This agreement (the “Terms of Use” or “TOU”), together with our Privacy Policy, governs your use of the Site, both as a casual visitor and as a registered user. USE OF ANY FUNCTIONALITY OF THE SITE CONSTITUTES ACCEPTANCE OF THIS TOU AND THE PRIVACY POLICY. You further consent to resolve in the State of New York any dispute that you may have with us or the Site. Please note that we offer the Site "AS IS" and without warranties.

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.

2. Changes to the Terms of Use.

We may change the Terms of Use at any time, as we reasonably deem appropriate. Upon any change in the Terms of Use, we will post the amended agreement on the Site with notice of the changes and/or send you an email notifying you of the nature of the modifications and providing a link to the modified document on the Site for your review. Your continued use of the Site following receipt of such notification shall constitute your affirmative acknowledgement of the Terms of Use and its modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept the Terms of Use, including following receipt of notification of any modifications hereto, then you agree not to use the Site.

3. Registration.

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.

In order to register, you must provide certain personal information about yourself. The CMZ Privacy Policy explains the information practices that apply to this and other personal information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.

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.
In addition to our rights under Section 17, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce the Terms of Use.

6. Changes to the Services.

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by the Terms of Use. You agree that CMZ will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

7. Links to Other Sites.

The Site may contain advertisements and/or links to other websites (“Third Party Sites”). These links are provided solely for the convenience of the users. CMZ does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Website or any products or services advertised on Third Party Websites. If you decide to leave the Site and navigate to Third Party Sites, or install any applications, software or download content from any such websites, you do so at your own risk. Once you access a Third Party Site through a link on the Website, you may no longer be protected by these Terms of Use and you may be subject to the terms of use and other conditions of such Third Party Site. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Site, or relating to any applications you use or install from such Third Party Sites. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. CMZ bears no responsibility for any action associated with any Third Party Site. Moreover, CMZ does not imply an affiliation with any Third Party Site.

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 customerservice@charliebymz.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.

Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement the Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

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.”

19. Termination.

We may terminate and/or suspend your registration with the Site and/or access to the Services immediately, without notice, if there has been a violation of the Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. Notwithstanding any other provisions contained herein, we may also cancel or suspend your registration/access for any other reason, including without limitation inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. CMZ shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. You may terminate your CMZ account at any time by contacting the address at the end of these terms.

20. Indemnification.

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of the Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

21. Entire Agreement.

This agreement and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of CMZ to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

22. Choice of Law and Dispute Resolution.

This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to the Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of New York, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

23. Assignment.

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Use to anyone else and any attempt to do so shall be null and void.

24. Eligibility.

You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.


Copyright © 2011 Charlie by Matthew Zink, LLC. All rights reserved.
If you have any questions, please contact us here or by postal mail at:
RE: Terms of Use
Charlie by Matthew Zink, LLC
32 Bergen Street
Brooklyn, NY 11201

info@charliebymz.com