Terms of Sale
Last Updated: 10/10/2017
Please read these Terms of Sale carefully prior to making an online purchase from David Yurman Enterprises LLC (“David Yurman,” “we,” “us” or “our”) through our website. By purchasing items through the Site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS, which are incorporated by reference. If you do not agree to all of the terms and conditions set forth in these Terms of Sale, do not purchase any items through the Site.
We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion. If we make changes to these Terms of Sale, we will post the amended Terms of Sale to the Site and update the “Last Updated” date above. We encourage you to review these Terms of Sale prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase.
1. Availability and Pricing
All items offered for sale through the Site are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S. dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice.
In the event that an item you are interested in purchasing is not listed on the Site or is listed as "Contact Us" on the Site, it may not be available for ordering from our online inventory, but may be available elsewhere in our retail stores. Please contact our customer care team at 1-888-DYURMAN or email us at CUSTOMERCARE@DAVIDYURMAN.COM. If the item is not available in retail stores, it is not currently available for ordering. Please check back at a later time as our inventory is subject to change.
You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) due with respect to your purchase of items through the Site. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes.
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment.
4. Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location. If you have any questions regarding shipping, please contact us by filling out the form on our EMAIL US page. For more information about shipping and handling fees, including international shipping, please see our SHIPPING INFORMATION.
5. Returns, Exchanges and Refunds
We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchase through the Site, you may return such item (accompanied by your sales receipt) within 14 days of the date on which the item was delivered to you and elect to: (i) exchange the item for another item available for purchase through the Site, (ii) receive a refund in the amount you paid for the item, or (iii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. If you return an item to us after such 14-day return period, but between 15 and 30 days of the date on which the item was delivered to you, you may still return the item and elect either to exchange the item for another item available for purchase through the Site or to receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site.
To return an item you purchased through the Site, please complete the return section of the original packing slip enclosed with your order and indicate the reason(s) for the return and whether you wish to exchange the item or to receive a refund or merchandise credit in the amount you paid for the item pursuant to these Terms of Sale. You must enclose the completed return section of the original packing slip in the package you send to us with the item you are returning. You may ship your return to us using the complimentary return shipping label provided with your order, which will ensure that your return is mailed to the proper return address. If you decline to use the complimentary return shipping label provided with your order, please ship your return, prepaid and insured, to us at: DYE, 1250 Valley Brook Ave, Receiving Gates 17 & 18, Lyndhurst, NJ 07071. Please allow 2-3 weeks for the processing of your return.
Alternatively, you may return an item purchased through the Site to one of our David Yurman boutiques for an exchange, credit or refund pursuant to these Terms of Sale. Please note that any item purchased in a David Yurman boutique may be returned only to the boutique at which such item was purchased and must be accompanied with your sales receipt.
Please note that all refunds will be issued to the original form of payment, except that cash purchases will be refunded by a company check from David Yurman. All items returned to us must be unaltered, unworn and in saleable condition. In addition, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return unless such items are defective. Some exclusions may apply.
6. Price Adjustments
If the price of an item you purchase through the Site is reduced due to such item becoming a permanent sale item within 10 days of the date on which you purchased the item, you may contact us to receive a one-time (single order) refund or price adjustment for the item purchased. Such refund or price adjustment applies only to items that become permanent sale items and excludes temporary special promotion items. For questions regarding price adjustments or to submit a request for a price adjustment, please contact us at 1-888-DYURMAN (1-888-398-7626).
We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. Please note that:
- If the correct price of an item you purchase through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.
- If the correct price of an item you purchase through the Site is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of such cancellation.
8. Disclaimers; Limitation of Liability
Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
You understand and agree that, to the fullest extent permitted by applicable law, David Yurman and its officers, directors, agents, partners and employees (individually and collectively, the “David Yurman Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not David Yurman or another David Yurman Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the David Yurman Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to David Yurman for such items purchased.
The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any David Yurman Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.
9. Dispute Resolution; Binding Arbitration
INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING TO THESE TERMS OF SALE, YOUR PURCHASE OF AN ITEM THROUGH THE SITE OR ITEMS PURCHASED FROM US WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK.
ANY ARBITRATION UNDER THESE TERMS OF SALE WILL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THESE RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT BECAUSE, AMONG OTHER REASONS, THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED.
AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER, AND MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF SALE AS A COURT WOULD.
THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS. THE ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME REMEDIES AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE INDIVIDUALIZED TO YOU AND WILL NOT AFFECT ANY OTHER CUSTOMER.
YOU AND DAVID YURMAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
10. Governing Law
These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in New York, New York with respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale.
If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms of Sale, please contact us by filling out the form on our EMAIL US page.
User Generated Content Terms and Conditions
Effective Date: August 1, 2021
David Yurman Enterprises LLC and/or its affiliates (collectively, “David Yurman”) owns, operates and/or sponsors davidyurman.com, various websites and microsites, social media (Facebook, Instagram, Snapchat, Twitter, YouTube, LinkedIn, TikTok, and others), and other internet properties that permit users (“you” or “User”) to submit, upload, or publish various types of content (collectively, “David Yurman Web Properties”).
David Yurman engages a limited number of service providers to facilitate the collection and transmission of User Content (as defined below) to and from David Yurman Web Properties for use by David Yurman in connection with its business, including David Yurman’s product feature, marketing, promotional activities, advertising and other consumer-related activities (the “DY Services”).
David Yurman reserves the right to alter these UGC Terms without advance notice by posting revised UGC Terms. Accordingly, you should review the UGC Terms each time you grant permission or authorisation to feature your User Content.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, audio, photographs, graphics, images, videos, messages, or other materials, including without limitation your name, location information, social media handle, and profile photos ("User Content") on or to any David Yurman Web Property, you are entirely responsible for such User Content. This means that you, and not David Yurman, are entirely responsible for all User Content that you post to any David Yurman Web Property. By using the David Yurman Web Properties, you acknowledge that the views and opinions that may be expressed do not necessarily represent the opinions of David Yurman. You agree not to engage in, or assist or encourage others to engage in, transmitting, uploading, posting, e-mailing or otherwise making available on any David Yurman Web Property any User Content that: is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful or otherwise objectionable; is known by you to be false, inaccurate or misleading; you were compensated for in any way by any third party; contains restricted or hidden content; or infringes any patent, trademark copyright, trade secret, right of publicity, or other proprietary rights of any party.
You understand that by using the David Yurman Web Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will David Yurman be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by any person in connection with any User Content.
Without limiting the generality of the foregoing or any other provision of these UGC Terms, David Yurman reserves the right to terminate access to submit User Content to David Yurman Web Properties without prior notice for any user who violates these UGC Terms and infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services David Yurman provides.
User Content License
In consideration of the opportunity for your User Content to be featured on David Yurman Web Properties and for other good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, you agree that by uploading, posting, e-mailing or otherwise submitting User Content to any of the David Yurman Web Properties and responding with #DYApproved, you grant to David Yurman and its partners, contractors, subcontractors, consultants, agents, representatives, successors and assigns (collectively, the “Licensed Parties”), an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, transmit, reproduce, edit, distribute, copy, edit, change, modify, add to, subtract from and otherwise exploit the User Content, or any portion thereof, in any manner (including without limitation for promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing without any compensation to you or to any third party. You waive any rights you have in having the material altered or changed in a manner not agreeable to you.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, solely in connection with the use of your User Content. You further agree that the Licensed Parties have no obligation to use your User Content, name or other identifying information. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related to the Licensed Parties’ use of your User Content.
You acknowledge that your User Content will not be returned and that the Licensed Parties reserve the right to cease use of any User Content at their sole discretion. You grant David Yurman the right to use your User Content, and any ideas, concepts or know-how contained therein, without attribution or payment of any form of consideration, for any purpose including, without limitation, marketing, promotional activities, advertising, or for publicity, trade or commercial purposes.
Representations and Warranties
By responding with #DYApproved and granting permission to use your User Content, you hereby represent and warrant that:
- You are at least eighteen (18) years of age and/or of legal age in the jurisdiction in which you reside;
- You own or otherwise control the rights to the User Content and it is your original creation, has not been copied, recreated, reproduced, previously published, derived from, or otherwise taken in whole or in part from any other work;
- You have all necessary rights and authority to grant the rights herein, and that David Yurman’s use of your User Content in accordance with this release will not violate the intellectual property, privacy or publicity rights, or any other legal or moral rights of any third party;
- You have obtained written permission from any individual(s) appearing in your User Content to grant the rights described in these UGC Terms and you shall promptly provide such documentation to David Yurman upon request;
- The User Content complies with these UGC Terms and does not violate any applicable laws or regulations;
- You agree to indemnify the Licensed Parties for all claims arising from or in connection with your User Content;
- You further agree to indemnify and hold David Yurman and its officers, directors, and employees (collectively, the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs (including reasonable attorney’s fees), liabilities, verdicts, judgements and settlements) arising out of use of your User Content or any breach of these representations or warranties; and
- Upon responding with #DYApproved, you hereby release the Releasees from, and irrevocably waive, any and all claims that the Licensed Party’s use of your User Content in accordance with these UGC Terms infringes or violates any of your rights in any way whatsoever.
David Yurman respects the copyrights of others and we require all users to do the same. If you believe in good faith that your copyrighted work has been reproduced on our site without authorisation in a way that constitutes copyright infringement, you may notify our legal department either by mail to David Yurman IP LLC, c/o Legal Department, 24 Vestry St. New York, NY 10013 or to firstname.lastname@example.org. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the David Yurman Sites and can be found on www.davidyurman.com. Any personal information you provide in your e-mail will be used only for purposes related to your e-mail.
Instagram™, Twitter™, Facebook™, YouTube™ and other similar social media forums are registered trademarks of their respective companies and not affiliated with David Yurman Enterprises LLC or davidyurman.com. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit User Content via mobile phone, standard data rates may apply. Publicly accessible User Content is governed by the terms and conditions of the respective social media platform where said User Content has been posted.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER DAVID YURMAN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE DAVID YURMAN WEB PROPERTIES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, ANY DAVID YURMAN WEB PROPERTY, EVEN IF DAVID YURMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE DAVID YURMAN WEB PROPERTIES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You agree not to post any content or mechanism that attempts to gain access to restricted areas of any of David Yurman Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of the David Yurman Web Properties.
In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of spam. You further agree not to: impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.
While David Yurman strives to make the David Yurman Web Properties safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. By using the David Yurman Web Properties, you acknowledge and agree that David Yurman is not responsible for others' misuse of information publicly disclosed on any David Yurman Web Property. Please carefully select the type of information that you post or share, and report any abuses to us by contacting email@example.com.