Terms & Conditions
Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE MILLERSOATH.COM WEBSITE FOR THE UNITED STATES OF AMERICA NOVEMBER 2013
Please read the present General Terms and Conditions of Sale and General Terms and Conditions of Use of the millersoath.com website carefully. You can also print the complete and unabridged text by clicking on the hyperlink hereinafter.
General Terms and Conditions of Sale of millersoath.com Website:
The use of the millersoath.com website and the purchase of any products offered on millersoath.com website are subject to the present terms and conditions ("Terms and Conditions of Sale and Use"). The use of the millersoath.com website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Sale and Use and your consent to the Privacy Policy for the millersoath.com website (see “Privacy Policy”). Orders may only be placed with the millersoath.com website by individual consumers and corporations purchasing products other than for resale. Any resale or distribution of products purchased on millersoath.com website is strictly prohibited. Tuxedo Time (“Miller’s Oath”) may update these Terms and Conditions of Use and the Privacy Policy at anytime. By continuing to use the millersoath.com website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified. You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the hyperlink “Privacy Policy”. For each order on millersoath.com website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be requested.
Purchase - Terms of Ordering:
The millersoath.com website may be used to order a selection of products from Miller’s Oath, directly online via the Internet. You may also place your order by telephone on by dialing +1 (212) 219-9965 from Monday to Saturday, 10:00 a.m. to 6:00 p.m. EST. The delivery zone for Miller’s Oath products ordered via the millersoath.com website and the 212 number referred to above is restricted to the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America. For each product selected on the millersoath.com website, a summary page will be displayed automatically featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to Miller’s Oath for processing. Please be advised that orders are subject to availability of the Miller’s Oath products in stock. Please also be advised that while every effort is taken to try to ensure that the coloring, design and style of the Miller’s Oath products in the photographs displayed on the millersoath.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. Accordingly, Miller’s Oath shall not be liable for any error or inaccuracy in the photographs or graphical representations of Miller’s Oath products displayed on the millersoath.com website. If you have any questions about the products, you may of course contact our customer service by clicking on the hyperlink link labeled “Contact US". Miller’s Oath, reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if Miller’s Oath has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate cause.
Purchase – Availability:
Our offers of products and prices are valid as they are on view on the millersoath.com website, subject to products’ availability. In this purpose, instructions about the availability of the products will be given at the time of the ordering. Exceptionally, errors or amendments could exist, especially in case of simultaneous orders of the same product by several customers. In case of unavailability of a product after ordering, you will be informed of that by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the millersoath.com website in substitution or to cancel your order. If you choose to cancel your order, you will be immediately refunded if your bank account has been debited. Miller’s Oath shall not be held liable in case of stock outage or unavailability of products. Miller’s Oath reserves the right to change at any time and without any previous notice the items proposed on the millersoath.com website.
Purchase - Order Confirmation:
At the end of the ordering procedure, you are invited to click on the “XXXX” push button. As from the moment of confirmation, your order is transmitted to Millers Oath for treatment. Your order cannot be amended or cancelled except in the expressly conditions provided for herein the Terms and Conditions of Sale or in conditions provided for the applicable law. The confirmation of your order means your acceptance of the whole thereof Terms and Conditions of Sale. You will be sent an order summary. The data registered by millersoath.com website establish the proof of the whole transaction operated between Miller’s Oath and its customers. In case of dispute between Miller’s Oath and one of its customers about a transaction made on the millersoath.com website, the data registered by Miller’s Oath shall be considered as an irrefutable proof of the content transaction.
Purchase - Price Payment:
The prices of products are in US Dollars. The amount of your order does not include taxes or the delivery fees according to the chosen option (see “Shipping”). Miller’s Oath reserves the right to amend at anytime and without any previous notice the prices of the proposed products on the millersoath.com website. The invoicing of the products is based on a price list posted on the millersoath.com website at the time of the confirmation of your order, subject to the availability of the products ordered at this time. Any order made through the millersoath.com website has to be settled immediately after its confirmation. We only accept the credit card and charge card payment. You may not use the customer credit delivered by the Miller’s Oath store or the gift cards issued from the Miller’s Oath store for the purchasing of items on the millersoath.com website. All orders are payable in US Dollars. Accepted charge or credit cards are: MasterCard®, Visa®, and American Express®, bound to a bank account in the United States. Your order will only be effective after the checking of your payment method and once Miller’s Oath receives authorization to process your payment. The debit of your charge or credit card is effective at the moment of your order shipment. In case of unavailability of some ordered items, only the price and the carrying cost about available products will be debited. This amount will be payable by you in addition to the price and taxes, of the goods ordered.
Delivery - Time Required for Delivery:
During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the products purchased.
However, Miller’s Oath reserves the right to divide your order into part shipments. In this case, your charge card or credit card will be debited to the same way to correspond at the same prices of the effective delivered products. The shipping costs will only be invoiced for the products shipped and for a single shipment.
Delivery - Problems of Delivery:
Any failure to deliver or late delivery exceeding eight (10) business days should be reported to our customer services department ( HYPERLINK "mailto:info@millersoath.com" info@millersoath.com) as soon as possible. In order for your claim to be accepted, please notify us of it within a maximum of fifteen (15) calendar days from the date of confirmation of your order. You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged products, etc.) by hand, if possible, on the delivery notice, and sign. If the products do not conform to your order or you are not satisfied with them, you may return or exchange them to the terms and conditions contained in the section entitled “Return Policy".
General Terms and Conditions of Use of millersoath.com Website:
The millersoath.com website is operated by Tuxedo Time Inc., the parent company of Miller’s Oath. Tuxedo Time operates the millersoath.com website and has granted Miller’s Oath the right to sell a selection of Miller’s Oath products over the Internet. Miller’s Oath, Inc. is the U.S. sales subsidiary of Tuxedo Time Inc. and has its principal office at 510 Greenwich Street, New York, NY 10013. The use of the millersoath.com website and the purchase of any products offered on millersoath.com website are subject to the present terms and conditions ("Terms and Conditions of Use"). The use of the millersoath.com website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy for the millersoath.com website (see “Privacy Policy”). Miller’s Oath may update these Terms and Conditions of Use and the Privacy Policy at anytime. By continuing to use the millersoath.com website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified. You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the hyperlink labeled "Privacy Policy” or “Terms and Condistions of Use”.
Intellectual Property:
All material on the millersoath.com website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, etc.) are the exclusive property of Miller’s Oath and/or of the company Tuxedo Time Inc. and/or any of its affiliates. You may not reproduce, by any means or process totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the millersoath.com website. The Miller’s Oath trademarks, logos, distinctive signs, designs and models, and all other related trademarks and logos, whether or not displayed on the millersoath.com website, as well as the domain name “millersoath.com", are and will remain the exclusive property of Miller’s Oath and/or of the company Tuxedo Time and/or any of its affiliates. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of Miller’s Oath is prohibited. You may not remove any copyright, trademark or other proprietary notice contained on the millersoath.com website or any content contained therein. You may make a single copy of web pages published on the millersoath.com website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
Limitation of Liability:
MILLER’S OATH SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE millersoath.com WEBSITE, EVEN IF MILLER’S OATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Warranty:
Miller’s Oath does not guarantee or represent that:
(i) the millersoath.com website is free from viruses, worms, trojan horses or other destructive material;
(ii) the information contained on the millersoath.com website is accurate, complete or up to date.
The millersoath.com website may contain technical inaccuracies or other defects; Miller’s Oath does not guarantee that any such defects will be corrected. The millersoath.com website and its contents are provided on an “as is” and “as available” basis. Miller’s Oath expressly disclaims all warranties of any kind, whether express or implied, including without limitation, the implied warranties of compliance appropriation of millersoath.com website or of its contents intended to normal use or specific use; of its quality or lack of infringement to ordinary statement from them.
Publisher - Contact Details:
Tuxedo Time, Headquarters : 510 Greenwich Street, New York NY, 10013.
Applicable Law – Jurisdiction: These Terms and Conditions of Use shall be governed by and construed in accordance with the Law of the state of New York, without regard to principles of conflicts of laws. The language of these Terms and Conditions of Use is English. In the event of a dispute, the courts of New York shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such courts. Miller’s Oath shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.