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legal

terms of use

Welcome to the Magaschoni Website (the “Site”). Magaschoni East Hampton, Inc. provides this Site as a service to our customers. Please review the following basic rules that govern your use of our Site (the “Agreement”). Your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Ownership of Content

Unless otherwise noted, all materials, including names, logos, images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Site (collectively, the “Content”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Magaschoni. The Site as a whole is protected by copyright, trademark and trade dress rights, which are owned by Magaschoni. MAGASCHONI and our other trademarks appearing at this Site are the trademarks of Magaschoni Apparel Group, Inc.

Permitted Use

This Site and the Content are intended solely for your personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software.

Privacy

Magaschoni recognizes the importance of protecting the privacy of our customers who visit the Site. We gather customer information in an effort to enhance and improve our customers’ online shopping experience, notably in processing purchases and responding to customer inquiries. When you first provide us with your email address or when you enter information for an online purchase, we provide you with the ability to choose whether we will send you promotional materials. If so, we may also use your information for our marketing and promotional purposes, and you may receive email from us regarding special promotions, events, sales and new collection arrivals. If at any time you wish to be removed from the email distribution list, you may click here to unsubscribe or click on the "unsubscribe" link in the e-mail itself. Any personal information provided by you to us is maintained on our secure web server and internal computer systems.

Under certain circumstances, you may be directed to a third party business partner's web site for processing a purchase. On such third party’s web site, you may enter information necessary to make a purchase. Please note that any information provided would be governed by the third party's own terms and privacy policy, and not by these terms. Please be assured that Magaschoni selects its business partners with care and confirms that these business partners will respect the privacy of your personal information. However, you should always check the privacy policy of any web site where you are entering personal information.

We will not sell or share any of your information to any third parties, except as follows: (1) we may provide your information to a business partner of ours, but only to the extent that such business partner is involved in providing services to Magaschoni or for your benefit, and where such business partner has entered into a confidentiality agreement with Magaschoni; (2) we may provide your information to a third party in connection with the sale of all or substantially all of our business; and (3) we may disclose your information if required by law, regulation, governmental request, or court order, or as we determine in our reasonable belief to be necessary to conform or comply with a law, regulation, governmental request, or court order.

Security Statement

Magaschoni uses industry standard encryption technology to provide a safe and secure shopping experience for our customers. All transactions and exchanges of information utilize encryption protocols.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Errors

Occasionally, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you may have submitted your order). We apologize for any inconvenience this may cause you.

Sales Tax

New York state law requires us to charge sales tax on all merchandise sold to New York residents. Purchase shipped to addresses outside of New York state will not have New York sales tax added.

Shipping

Magaschoni online can only deliver to physical addresses and does not deliver to P.O. boxes. All online orders are processed Monday through Friday. Orders received on weekends, holidays and after 12 noon Eastern time will be processed on the next business day. For deliveries to U.S. addresses, please allow up to ten (10) business days for Standard delivery, and three (3) business days for Express delivery. Estimated delivery times and shipping rates for will be calculated prior to completion of the purchase online based on negotiated UPS rates.

International: magaschoni now offers internationally shipping to all seven continents around the world. international shipping costs are calculated based on a number of factors, including but not limited to the number of items purchased, the weight of the full order, and the destination country/postal code. Unfortunately, we cannot offer free shipping or free returns on international orders.

International customers may ship to multiple addresses by placing a separate order for each shipping address. We cannot ship single international orders to multiple addresses at this time.

Most in-stock items will arrive 11-24 business days after receipt of your order. please lnot that shipping windows are estimates and deliveries cannot be guaranteed.

Return Policy

at magaschoni we understand when you can't try it on, you are taking a chance so we want to make sure you are satisfied with your Magaschoni.com purchase. if you find that something just doesn't fit right, it is not the color you had hoped, or it wasn't quite the look you had in mind, you may return it in accordance with our Return Policy. For full-price merchandise, you may return the item(s) and receive full credit up to 14 days after the purchase date. All returned items must be accompanied by a receipt and the original tags and labels must be attached. Discounted sale items are final sales. Please contact Customer Service.

Disclaimer

Magaschoni provides the materials on this Site “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for particular purpose or non-infringement of intellectual property rights. Magaschoni expressly disclaims any duty to update or revise the materials on this Site, although Magaschoni may modify the materials at any time without notice.

Indemnification

By your use of this Site, you acknowledge that your use is at your sole risk and that you assume full responsibility for any and all costs associated or in connection with your use of this Site. You further acknowledge that Magaschoni shall not be liable for any damages of any kind related to your use of this Site.

You agree to defend, indemnify and hold Magaschoni harmless from and against any and all images, cost and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Changes to these Terms

Magaschoni reserves the right to modify, change and delete any or all of these terms at any time, without notice to you. You are responsible for reviewing these Terms of Use each time you conduct business on this Site, to make sure that you agree to such terms.

Termination

These terms are effective unless and until terminated by either you or Magaschoni; you may terminate this Agreement at any time. Magaschoni also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Magaschoni’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Magaschoni, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

Governing Law; jurisdiction

Unless otherwise specified, this Site and the Contents are displayed solely for the purpose of promoting Magaschoni’s products. This Site is controlled and operated by Magaschoni from its offices in New York, New York.

This Agreement shall be constructed in accordance with the laws of the State of New York, without regards to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts located in the State of New York, County of New York.



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