Terms of Use |
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Updated: 29 January 2020 Update schedule |
Introduction |
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PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY BEFORE USING OUR WEBSITE |
Your Agreement to the Terms |
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By using www.avenue.com or www.loralette.com (together with any affiliated websites, our “Website”), you signify your agreement to these Terms. If you do not agree to these Terms, please do not use our Website. Our Website is owned and operated by City Chic Collective USA Incorporated (referred to here as “Avenue,” “we,” or “us”). Avenue reserves the right, at any time and in its sole discretion, to change, modify or otherwise alter these Terms. Such changes or modifications shall become effective immediately upon the posting thereof. Please review these Terms periodically. If any modification is unacceptable to you, your only recourse is to discontinue use of our Website. Your continued use of our Website following the posting of changes or modifications will constitute your acceptance of the revised Terms. |
Acceptable Use |
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You may use our Website for your personal, non-commercial, legitimate shopping purposes only. You may not harm our Website in any way or otherwise use our Website in any improper manner, including, but not limited to hacking into our Website's systems, spoofing or faking email headers, or slowing or stopping the functionality of our Website. In the event you register or purchase product, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Avenue suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Avenue, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of our Website. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and for restricting access to your computer, and are fully responsible for all activities that occur under your password or account. If you are under the age of 18, you may use our Website only with approval and assistance of a parent or legal guardian. You agree to (a) immediately notify Avenue of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. Avenue will not be liable for any loss or damage arising from your failure to comply with this paragraph. Avenue reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. |
Restrictions on Use of Materials |
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Our Website contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by Avenue, its related entities, parents and its licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of our Website in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends. |
Risk |
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Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms. |
Title |
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Goods ordered by you remain our property until you pay for them in full. |
Product Warranties |
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To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option. |
Disclaimer |
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Although we have made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and avenue cannot guarantee that the user’s monitor will accurately reflect the actual colors of our products. Products displayed may be out of stock or discontinued, and prices are subject to change. Avenue is not responsible for typographical errors regarding price. Despite our best efforts, from time to time items on our website or any other site that lists our products may be mispriced. If an item's correct price is higher than the listed price or if it was listed in error or is no longer in stock, we reserve the right, in our sole discretion, to cancel your order and notify you of such cancellation. If a product offered on our website or any other site that lists our products is not as described, your sole remedy is to return it in unused condition for a refund. |
Indemnification |
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You agree to indemnify, defend and hold harmless avenue, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting or arising out of your breach of any of these terms. Avenue reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you'll fully cooperate with avenue in asserting any available defenses. The provisions of this section do not apply to new jersey residents. |
Limitations of Liability |
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Under no circumstances and under no legal theory (including, but not limited to, negligence) will avenue be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, our website or its contents, even if avenue has been advised of the possibility of such damages. The provisions of this paragraph do not apply to new jersey residents. |
Links |
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Our website may provide, or third parties may provide, links to other websites or resources. Because avenue has no control over such sites and resources, you acknowledge and agree that avenue is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that avenue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. |
Privacy Policy |
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Notwithstanding anything else to the contrary contained in these Terms, Avenue’s use of any personal information (name, etc.) you provide through or in connection with our Website will be governed by our Privacy Policy. For further information regarding Avenue’s protection of your personal information, please refer to our Privacy Policy. |
Installments by Afterpay |
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Installments by Afterpay is a service that allows you to make purchases now and pay for them in four equal payments made every 2 weeks without any interest. Simply shop online and add items to your shopping bag and checkout as normal. At checkout choose Installments by Afterpay as your payment method. First time customers will need to register with Afterpay and provide payment details as usual, returning customers simply log in to make their purchase. It’s that easy! Please note that all items in your shopping bag must be eligible for Installments by Afterpay. A minimum purchase amount may apply and you must meet additional eligibility requirements to qualify. Installments by Afterpay is only available for US orders. How does the payment schedule work? What if I can’t pay an Afterpay installment? What products are not eligible for purchase using Installments by Afterpay? How do I return or exchange an item purchased using Installments by Afterpay? Where can I find out more about Afterpay? |
Submitted Materials |
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Please note that any suggestions, materials (including, without limitation, images, photographs, videos, and sound recordings), ideas or comments submitted to Avenue through our Website, Social Media, or otherwise (“Submitted Materials”) shall be deemed as not confidential. You hereby grant Avenue an irrevocable and unrestricted license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Submitted Materials throughout the world in any media for any purpose whatsoever, and you represent and warrant to Avenue that the use of such Submitted Materials will not violate or infringe upon any copyright, trademark, or any other intellectual property or other rights (including but not limited to defamation or invasion of privacy) of any person or entity. All such Submitted Materials are subject to the copyright infringement notice-and-take-down procedure described below. Furthermore, a person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any Social Media sites edited by Avenue, except where legally prohibited, such person grants permission for Avenue and its designees to use his/her name, address (city and state), photograph, voice or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. |
Social Media |
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These Terms apply, in addition to and as part of the Privacy Policy, to users of “Social Media” platforms hosted by third-party providers (e.g., Facebook, Twitter, Instagram, Tumblr, YouTube, Pinterest, LinkedIn, etc.) when communicating with Avenue. Avenue asks users of Social Media sites to be respectful of the larger community by complying with the terms and policies of each Social Media service. Avenue appreciates and encourages users to contribute respectful comments to further discussion on Social Media sites, but asks that users avoid making comments in Avenue-related communications that might be considered:
Avenue reserves the right to remove comments or content on Social Media sites it edits that fit into any one of the above categories, or for any other reason, to preserve the integrity of the Social Media sites. Avenue may block further posting on such Social Media sites by any individual who violates these Terms. |
Contests and Sweepstakes |
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From time to time, Avenue may post a contest, sweepstakes, or other similar promotion ("Sweepstakes") on Social Media sites or our Website. Unless otherwise stated in the Official Rules for such Sweepstakes, and, in addition to and as part of these Terms, by participating in any such Promotion you acknowledge and agree to be bound by the following terms:
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Love Wear Share Instagram Competition - Terms & Conditions of Entry |
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Refer a Friend Program |
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Exclusive offer valid online only on avenue.com for a limited time only or while stocks last. No rainchecks. Not valid in conjunction with any other discount, offer, coupon code, promotion or voucher. Offer only redeemable in a single transaction online. Offer not redeemable for cash or credit. Not transferable. Not valid on previous purchases. Offer valid on full-priced items only. Discount applied at checkout with code. |
Mobile Services |
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Mobile Terms & Conditions AVENUE offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the "Service") on short code 44088. Customers may also sign up to receive order and shipping notifications by SMS message (the "Service") on short code 72958. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy. Signing Up and Opting-In to the Service Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. AVENUE reserves the right to stop offering the Service at any time with or without notice. By opting into the Service, you:
Content You May Receive Once you affirm your choice to opt-in to the Service on short code 44088, your message frequency may vary. You may receive alerts about:
Once you affirm your choice to opt-in to the Service on short code 72958, your message frequency may vary. You may receive alerts about:
Charges and Carriers Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. AVENUE may add or remove any wireless carrier from the Service at any time without notice. AVENUE and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. To Stop the Service To stop receiving text messages from AVENUE, text the word STOP to 44088 or 72958 any time or reply STOP to any of the text messages you have received from AVENUE. After texting STOP to 44088 or 72958, you will receive one additional message confirming that your request has been processed. Questions You can text HELP for help at any time to 44088 or 72958. You can contact us by phone at 1-888-843-2836. You can also contact us at https://help.avenue.com/hc/en-us. Changes to Terms These mobile terms and conditions are subject to change at any time without notice. |
Jurisdiction and Governing Law |
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Our Website, the Privacy Policy, and related services described in these Terms are managed by Avenue from its offices in the State of New Jersey, United States of America. By accessing our Website you agree that these Terms shall be governed by and construed in accordance with the substantive laws of the State of Delaware, USA, without giving effect to its conflicts of law principles, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You also irrevocably consent to personal jurisdiction in the State of Delaware for any dispute arising hereunder that is not covered by the Disputes section below. Our Website is not intended for use in any jurisdiction where such use would be a violation of law. If you access our Website from outside the United States, you do so on your own initiative and are responsible for compliance with United States’ and applicable local laws regarding online conduct and acceptable content. Avenue makes no representations about the suitability of our Website or Social Media outside the United States and may limit access to our Website in Avenue’s discretion, based on geography or otherwise. |
Disputes |
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Our customer service team is ready to assist you and address your concerns – see Contact Information, below, to get in touch with Avenue’s customer service. If you have any questions or concerns regarding how we manage, access, or use your personal information, please write us at the addresses indicated below in the Contact Information section of these Terms. In the event that our customer service team is unable to resolve your concern, by using our Website or otherwise interacting with us subject to these Terms, you unconditionally agree that all claims relating to your access or use of our Website, including all disputes arising out of, or related to, any products or services obtained from Avenue through our Website or Social Media, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. These Terms do not apply to any claims or disputes relating to or arising from use of your Avenue credit card; any such claims or disputes will be governed by the terms and conditions of your Avenue credit card. Note that there is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would. To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to us at: Avenue, 45 North Broad St., Ridgewood, NJ 07451, Attn: Legal. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”), www.adr.org, phone: +1 800 778 7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of our Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. |
Notifying us of Claimed Copyright Infringement |
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We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department (see Contact Information, below) In order for us to assist you, the notification must include ALL of the following:
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Taxes |
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We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at our websites of your respective taxing authorities. |
General |
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If any of these Terms is found to be unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. The waiver of any provision of these agreement shall not be considered a waiver of any other provision of Avenue’s right to require strict observance of each of the terms herein. These Terms constitute the entire agreement between Avenue and you relating to the subject matter herein. |
Termination |
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These Terms are effective unless and until terminated by either you or Avenue. You may terminate these Terms at any time, provided that you discontinue any further use of our Website. Avenue also may terminate these Terms at any time and may do so immediately without notice, and deny you access to our Website, if in Avenue’s sole discretion you fail to comply with any provision of these Terms. Upon any termination of these Terms by either you or Avenue, you must promptly destroy all materials downloaded or otherwise obtained from our Website, as well as all copies of such materials, whether made under these Terms or otherwise. The following sections will survive any termination of these Terms: Your Agreement to the Terms, Acceptable Use, Restrictions on Use of Materials, Disclaimer and Indemnification, Limitations of Liability, Privacy Policy, Submitted Materials, Social Media, Jurisdiction and Governing Law, Disputes, Notifying us of Claimed Copyright Infringement, and General.= |
Contact Information |
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Visit our Contact Us Page To contact us regarding products, transactions and services, contact us at:
To contact us regarding this Privacy Policy, contact us at:
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Arbitration and Class Action Waiver |
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Arbitration and Class Action Waiver Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Avenue’s services will be resolved by binding arbitration, rather than court. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Avenue hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AVENUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND AVENUE AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. You and Avenue are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Avenue, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation. |