Terms & Conditions
Terms & Conditions
SamEdelman.hk is a website owned and operated by Caleres, Inc. Caleres, Inc. provides services to you on SamEdelman.hk subject to the provisions contained in these Legal Notices. In addition, when you use SamEdelman.hk, you are subject to these Legal Notices and the terms and conditions applicable to specific services (such as Customer Reviews), which terms and conditions are incorporated herein. Caleres, Inc. and SamEdelman.hk reserve the right to change SamEdelman.hk and these Legal Notices at any time. Please read the Legal Notices carefully. Any use by you of SamEdelman.hk indicates your understanding and agreement with these legal notices.
Promotional Offers
Promotional offers created for purchase on www.SamEdelman.hk (“Site”) are not valid on past purchases or on purchases of gift cards. Promotional codes listed on our Site and in marketing communications for the Site are valid online only for the dates listed in the promotional offer. In-store discount will be as advertised in store. Promotional codes cannot be combined with other promotional codes for the use of multiple discounts. Lastly, promotional offers and codes created for use on the Site exclude certain colors of our iconic styles such as the Hazel, Loraine, Felicia, Gigi, and Penny (“Icons”) as well as "Exclusives” and other select styles. Icons as well as "Exclusives” and other select styles will be excluded from discount at checkout, and will state “Item excluded from discount” upon application of the discount to your cart.
Your Agreement and Acceptance
By using and/or visiting this Website, you agree to be bound by (1) all the terms and conditions contained in this Agreement, and (2) Sam Edelman Privacy Policy, found at www.samedelman.hk, which is incorporated herein by reference.
This Website is not intended for children under the age of 13. By using this Website, you represent and affirm that you are at least 13 years old. If you are under 13 years of age, please discontinue use of the website immediately.
We reserve the right, in our sole discretion, to revise the terms of this Agreement at any time. Once posted on the Website, these changes become effective immediately, and your use of this Website following such changes constitutes your agreement to be bound by the revisions. Although we may attempt to notify you when we make major changes are made to this Agreement, you should periodically review the most up-to-date version at www.samedelman.hk to make sure you are aware of the most current terms and conditions.
This Agreement shall apply to all Website users, including users who contribute video content, postings, comments, and other materials or services on the Website.
Sam Edelman Accounts
By creating an account, you are agreeing to all Terms and Conditions and to receive both Sam Edelman account holder and promotional emails from Sam Edelman. You may unsubscribe from receiving marketing and promotional emails at any time.
We may require you to create an account in order to access some features of the Website. When creating your account, you must provide complete and accurate information as prompted.
You are solely responsible for protecting the security and confidentiality of your account password and identification, and you will be responsible for any activity that occurs on your account.
You must notify Samedelman.hk immediately of any breach of security or unauthorized use of your account.
Samedelman.hk will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be liable for losses incurred by Sam Edelman or others due to such unauthorized use.
By signing up to participate in the program, you are agreeing to all Terms and Conditions for the Sam Edelman Rewards Program and receive both Sam Edelman Program emails as well as non-program promotional emails from Sam Edelman. You may unsubscribe from receiving marketing and promotional emails at any time.
Use of the Website
Samedelman.com hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:
(1) You agree to comply with all applicable local, state, national and international laws and regulations.
(2) You agree to use the Website communication services only to post, send and receive messages and materials that are proper and legal.
(3) You agree that you will not use this Website for any purpose that is unlawful or that is prohibited by this Agreement.
(4) You agree not to violate or attempt to violate the security of the Website, and you agree not to use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other person's use and enjoyment of the Website.
(5) You agree not to use the Website for any commercial use.
(6) You agree not to use the communication systems provided by the Website for any commercial solicitation purposes (for example, you agree not to solicit for commercial purposes any users of the Website regarding their User Submissions).
(7) Samedelman.hk reserves the right to discontinue any aspect of the Samedelman.hk Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Samedelman.hk Website.
(1) The Content on the Samedelman.hk Website, except all User Submissions (as defined below), including without limitation, the text, button icons, images, photos, graphics, sounds, music, videos, interactive features, software and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Samedelman.hk, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you "as is" and is intended solely for your personal, noncommercial use. Accordingly, you agree not to download, copy, reproduce, republish, upload, post, transmit, broadcast, display, sell, license, or otherwise distribute for any commercial purpose whatsoever any Content from this Website without the prior written consent of the respective owners. Samedelman.hk reserves all rights not expressly granted in and to the Website and the Content.
(2) You shall not download any User Submission unless you see a "download" or similar link displayed by Samedelman.com on the Samedelman.hk Website for that specific User Submission.
(3) User Comments are made available "as is", and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise distributed in any manner not intended by the normal functionality of the Samedelman.hk Website or otherwise as prohibited under this Agreement.
(4) You may access Samedelman.hk Content, User Submissions and other content only as permitted under this Agreement. Samedelman.hk reserves all rights not expressly granted in and to the Samedelman.hk Content and the Samedelman.com Website.
(5) You understand that when using the Samedelman.hk Website, you will be exposed to User Submissions from a variety of sources, and that Samedelman.com is not responsible for the accuracy, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are offensive, objectionable, or inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Samedelman.hk with respect thereto, and agree to indemnify and hold Samedelman.hk, Edelman Shoe, Inc., its Parent Company, and its affiliates and/or licensors, harmless to the fullest extent allowed by law in connection with all matters related to your use of the Website.
User Submissions
This is the official User Submissions Agreement ("Agreement") for samedelman.hk ("Sam Edelman Website”, "Site", "Website", "we"), and the latest revision date is 01/12/15. This Website is hosted by Sam Edelman, which is a division of Brown Group Retail, Inc., a wholly owned subsidiary of Caleres, Inc. ("Sam Edelman"). Please read this Agreement carefully because it explains your rights and responsibilities.
Video content (“User Video”), photography content (“User Photographs”), and textual content (“User Comments”) (collectively referred to as “User Submissions”) may be submitted by posting to www.samedelman.hk, our Pinterest account, our Twitter account, our Facebook page, and other social media formats including but not limited to emails, which are now available or which become available (“Media Formats”). Sam Edelman does not guarantee any confidentiality with respect to any User Submissions, including your User Names and Profile Information.
When you make a User Submission, you acknowledge, consent and agree to: 1) your User Submission being featured on the Media Format and potentially being used to link through to products for sale on www.samedelman.hk; 2) a grant to Sam Edelman of a non-exclusive, perpetual, irrevocable, worldwide right and license to use, reproduce, modify, adapt, publish, edit, create a derivative work from display, or otherwise exhibit or distribute the submission or any portion of it, in any medium or forum, now known or later developed, at any time, without any payment to you or a third party, and 3) a non-exclusive license to access your User Submission and to use, exhibit, display use or reproduce such User Submission in accordance with the terms of this Agreement.
Your use of Instagram, Twitter, or similar media formats to make User Submissions using the designated hashtags is also governed by the terms and conditions of use for those sites.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You may be held legally liable for your User Submissions, including for example, to the extent you submit content containing material protected by copyright, trademark, patent, trade secret, or other proprietary rights without the permission of the owner. You represent and warrant to Sam Edelman that you: (a) are the sole owner of the content you submit and that you have the right and authority to grant to Sam Edelman and users of the Media Formats the license provided for in these Terms of Use and (b) will not submit any content that is illegal, libelous, defamatory, pornographic, violates any law or the legal rights of a third party including but not limited to rights of privacy or publicity, or intellectual property rights.
You further agree not to submit any content that contains any viruses, Trojan horses, worms, time bombs or other data functions that will damage or detrimentally interfere with the operation of the Website or surreptitiously appropriate or intercept any data or system. Sam Edelman reserves the right to remove any User Submissions at any time, for any reason, in its sole discretion.
Your User Submissions you share continue to be owned by you to the extent of your rights in the submission.
Sam Edelman respects and honors the intellectual property rights of others, and we ask that you do the same. If you are the owner of a copyright and you believe that infringing activity or materials are present on any of our Media Formats, you may request removal of those materials (or access to them) by following our Process and submitting written notification that complies with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”) to our Copyright Agent (designated below).
Attn: DMCA AgentC/o Legal Department8300 Maryland AvenueSaint Louis, MO 63105 Email: Legal-DMCA@caleres.com
Sam Edelman does not endorse any User Submission or any opinion, observation, recommendation, or suggestion expressed therein, and Sam Edelman expressly disclaims any and all liability in connection with User Submissions. Inclusion of any User Submission does not constitute an endorsement of such User Submission by Sam Edelman, and Sam Edelman makes no claim as to the accuracy of any User Submission.
Sam Edelman reserves the right in its sole discretion to determine which User Submissions will be shared or featured, including refusing to post any User Submission that violates our Privacy Policy, Terms of Use, or applicable law. Sam Edelman reserves the right to remove such User Submissions any time, without prior notice and at its sole discretion.
Risk of Loss
The risk of loss and title for items you purchase from this Website will pass to you upon delivery of such items to the carrier.
Termination of Access or Account
Samedelman.hk reserves the right to refuse service, terminate accounts, or restrict or terminate your access to the Website at any time and for any reason, with or without cause, without prior notice, and without any liability or further obligation of any kind whatsoever to you or any third party.
Samedelman.hk reserves the right to decide whether Content or a User Submission is appropriate and complies with the terms of this Agreement. Samedelman.com may remove such User Submissions any time, without prior notice and at its sole discretion.
Links to Third Party Sites
The Website may contain links to third party websites that are not owned or controlled by Samedelman.com. Samedelman.hk has no control over, and is not responsible for the content or practices of such websites. By using the Website, you expressly relieve Samedelman.hk from any and all liability arising from your use of any third-party website.
We encourage you to be aware of when you leave the Samedelman.hk Website and to review the policies of every website that you visit.
Warranty
This website is provided by samedelman.hk on an "as is" and "as available" basis without any representation or warranty of any kind, express or implied. You agree that your use of the samedelman.com website shall be at your sole risk. To the extent permitted by law, samedelman.hk its parent company, and their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof.
Samedelman.hk makes no warranties or representations about the accuracy or completeness of this website's content or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, or similar rogue programs or harmful properties that may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the samedelman.hk website.
Samedelman.hk does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the samedelman.hk website or any linked website or featured in any banner or other advertising, and samedelman.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Limitation of Liability
In no event shall samedelman.hk, its parent company, and their respective officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, rogue programs, harmful properties or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the samedelman.hk website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge that samedelman.com shall not be liable for any user submission or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from these events rests entirely with you.
Indemnity
You agree to defend, indemnify and hold harmless the Website, BG Retail, LLC and its divisions, its parent corporation, and any of their respective officers, directors, employees and agents, from and against any and all allegations, claims, demands, actions, causes of actions, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorney's fees and other legal expenses) arising from: (i) your use of and access to the Samedelman.hk Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Samedelman.hk Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms set forth in this Agreement.
General
While Sam Edelman will use reasonable endeavors to verify the accuracy of any information we display, we cannot guarantee its accuracy. This Site is provided on an "as is" basis without any endorsement or liability accepted neither expressly or implied. Neither do we warrant or endorse transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We cannot warrant that the site will at all times remain free from viruses, bugs, malware, adware or other maliciously implemented objects out of our control, and we can not guarantee full functionality on an individual computer or server. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
We do not give any warranty and deny all liability where available, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of Hong Kong SAR China.
You acknowledge that we cannot guarantee and therefore shall not be in any way liable for the security of this Site and any information you find or download from our Site.
With the exception of death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.