Terms Of Use

TERMS AND CONDITIONS
(Terms of Use and Terms of Sale)
 
TERMS OF USE
Last Updated: January 16, 2017
 
These Terms of Use govern your use of the website located at www.dkny.com (the “Site”) and any other website, microsite, mobile device application, or Internet property owned, or operated by us on which these Terms of Use reside.  We refer to the Site and these other properties collectively as the "Properties.” The Properties are made available to you by (c) The Donna Karan Company LLC and The Donna Karan Company Store LLC, 240 West 40th Street, New York, New York 10018, +1-877-316-0975 (collectively, "DKC" or "we" or "us"), and certain services are provided by Farfetch UK Limited under its trading division Black & White, as more particularly detailed below in the section headed Orders for Products and Services.  These Properties are intended for and applicable only for users age 18 or older.  If you are under 18 years of age, you may not use the Properties.  By accessing the Properties in any way, including, without limitation, browsing the Properties, using any information, and/or submitting information to DKC, you agree to and are bound by these Terms of Use, including, but not limited to, arbitrating disputes, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations (where applicable), and a choice of New York, USA law.
From time to time we may update the Properties and these Terms of Use.  Your use of the Properties after we post any changes to these Terms of Use constitutes your agreement to those changes.  You agree to review these Terms of Use periodically to ensure that you are familiar with the most recent version. DKC may, in its sole discretion, and at any time, discontinue the Properties or any part thereof, with or without notice, or may prevent your use of the Properties with or without notice to you.  You agree that you do not have any rights in the Properties and that DKC will have no liability to you if the Properties are discontinued or your ability to access the Properties, or any content you may have posted on the Properties, is terminated. 
We take your privacy very seriously. In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Properties constitutes agreement to our Privacy Policy as well.

RIGHTS IN MATERIALS

As between you and DKC, DKC owns the Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Properties, and the look and feel, design and organization of the Properties.  This includes all intellectual property and proprietary rights in these materials. When you use or download the Properties you do not acquire any ownership of any such content, code, data or materials.

The Properties are only for your personal, non-commercial use. You may not make any commercial use of the Properties, or any content, code, data or materials on the Properties, unless you have received our prior written permission.

Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Properties. Doing so may violate or infringe copyright and other laws of the United States of America and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.  We will enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

TRADEMARKS

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Properties are registered and unregistered Trademarks of DKC or its affiliates (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits DKC or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without our prior written permission.

We will enforce our rights in our Trademarks to the fullest extent of the law, including by seeking criminal prosecution.

USER INFORMATION

When you use the Properties, you may be asked to provide certain personal information to us ("USER INFORMATION"). OUR INFORMATION COLLECTION AND USE POLICIES WITH RESPECT SUCH USER INFORMATION ARE SET FORTH IN OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE. 
If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Properties, or any features at all.


 
If any of the Properties requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify DKC immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Properties. DKC is not 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, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

USE OF THE PROPERTIES

You are responsible for your use of the Properties and for any use of the Properties made using your account.

Our goal is to create a positive and safe experience when you and others use the Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.   When you use the Properties, you may not:

 violate any law or regulation; violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights; transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate; make statements or post materials that are false or misleading; collect or store personal data about other users; send unsolicited or unauthorized advertising or commercial communications, such as spam; transmit any malicious or unsolicited software; stalk, harass, or harm another individual; impersonate or misrepresent your affiliation with someone else; use any means to "scrape," "crawl," or "spider" any web pages contained in Properties (although DKC may allow operators of public search engines to use spiders to index materials from Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and DKC reserves the right to revoke these exceptions either generally or in specific cases); use automated methods to send more requests to DKC servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or interfere with or disrupt the Properties.

TERMINATION

DKC may change, suspend or discontinue any aspect of the Properties or the Properties’ services at any time. If you violate any of these Terms of Use, your permission to use the Properties automatically terminates.

CHANGES TO TERMS OF USE

DKC may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Properties.

USER GENERATED CONTENT

As between you and DKC, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, "User Content"). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way you are not happy with.

UTILIZING USER CONTENT

You grant DKC and its affiliates, representatives and assigns the right to use any or all your User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes.  We may exercise these rights without notice to you and without paying any compensation to you.  We may modify your User Content in our discretion.  DKC is not required to host, display, or distribute your User Content and we may remove or edit it at any time. DKC may cancel your account and delete all User Content associated with your account at any time, and without notice, if DKC deems that you have violated these Terms of Use, the law, or for any other reason.  DKC assumes no liability for any information removed from the Properties, and reserves the right to permanently restrict access to the Properties or a user account.

USER PROMISES

You promise that: (a) you own or have acquired all of the rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Content) necessary for you to grant to DKC the usage rights in your User Content as described in these Terms of Use; (b) you have paid and will pay in full any financial obligations, of any kind, arising from any use of your User Content; (c) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age in their territory where they can legally grant such permission themselves) who appears or is heard in your User Content to enable you to grant the rights to DKC described in these Terms of Use; (d) you will make such permissions available to DKC upon request; (e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) your User Content complies with these Terms of Use.

You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing promises and to make such records available to DKC upon DKC's request.

FEEDBACK

If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you.  All Feedback is and will be considered non-confidential and non-proprietary.

MONITORING AND MANAGING USER CONTENT

We may, but are not required to, monitor and review your User Content.
 
DKC does not endorse or control the User Content transmitted or posted on the Properties and therefore, we are not responsible for it.   We do not guarantee the accuracy, integrity, or quality of User Content and User Content may not necessarily reflect the views of DKC.
You understand that by using the Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you.  We will not be liable to you in any way for any User Content for which we are not responsible, including, for example, for any errors or omissions in any User Content, or for any loss or damage of any kind experienced by you if you use or rely on any User Content made available via the Properties.

DIGITAL MILLENNIUM COPYRIGHT ACT

DKC respects the intellectual property rights of others. Upon proper notice, DKC will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, DKC has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send DKC’s copyright agent (listed below) a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit DKC to locate the material on the Properties;

(c) information reasonably sufficient to permit DKC to contact you, such as an address, telephone number, and, if available, an e-mail address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature.

Please send all of the information listed above to the following DKC copyright agent:

Jodi Sarowitz
Intellectual Property Counsel
(c) The Donna Karan Company LLCand The Donna Karan Company Store LLC
240 West 40th Street
New York, NY 10018
Tel: 212-768-5957
Fax: 212-768-5887
E-mail: ipenforcement@dkny.com

 

Please do not send notices or inquiries unrelated to alleged copyright infringement to DKC’s designated agent.

LINKING; THIRD PARTY WEBSITES

You will fully compensate us and our directors, officers, members, managers, employees and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs and expenses incurred as a result of a claim made by a third party, including reasonable legal fees costs, arising from your misuse of the Properties or your breach or violation of law or these Terms of Use.
We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

INDEMNIFICATION

Please note that this section on Indemnification does not apply to consumers located in New Jersey.

You will fully compensate us and our directors, officers, members, managers, employees and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs and expenses incurred as a result of a claim made by a third party, including reasonable legal fees costs, arising from your misuse of the Properties or your breach or violation of law or these Terms of Use

We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

This provision does not require you to indemnify DKC for any unconscionable commercial practice by the third party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Properties.

AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

WE BOTH AGREE TO ARBITRATE:  You and DKC agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate DKC’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights).  Under such circumstances DKC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Properties, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS.  Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator.  If there is a conflict between JAMS Rules and the rules set forth in this Terms of Use, the rules set forth in this Terms of Use will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.  To initiate arbitration, you or DKC must do the following things:
(1)    Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2)    Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111
(3)    Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs. Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and DKC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and DKC.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and DKC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DKC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing DKC at legal@dkny.com and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use.  The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Properties.

DISCLAIMER

THE PROPERTIES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 
WE MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING:  INFORMATION AND CONTENT AVAILABLE ON THE PROPERTIES; UPTIME OR UNINTERRUPTED ACCESS TO THE PROPERTIES; TITLE; NON-INFRINGEMENT; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS.  WE ARE NOT RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PROPERTIES OR FROM DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PROPERTIES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE PROPERTIES IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES.
THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
 
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, NEITHER DKC NOR OUR AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE PROPERTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, WHERE NEGLIGENCE SUPPLIES THE STANDARD OF CULPABILITY) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE PROPERTIES EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
 
APPLICABLE LAWS
 
We make no representation that materials on the Properties are appropriate, available or legal in any particular location. Those who choose to access the Properties do so on their own initiative and are responsible for compliance with applicable local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.  The validity and interpretation of these Terms and the legal relations of the parties to it shall be governed by the laws of the State of New York without regard to its conflict of laws principles.
 

MISCELLANEOUS

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.  All rights not expressly granted herein are reserved. Both you and DKC acknowledge and agree that no partnership is formed and neither of you nor DKC has the power or the authority to obligate or bind the other. These Terms of Use constitute a binding agreement between you and DKC, and are accepted by you upon your use of the Properties or your account. These Terms of Use constitute the entire agreement between you and DKC regarding the use of the Properties and your account. By using the Properties you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Use.

Certain functionalities available on the Properties may be covered by U.S. Patent No. 5,930,474.

 

We reserve the right to refuse service and/or terminate access to the Properties without prior notice for any user who violates these policies.

 

Effective Date: January 16, 2017

TERMS OF SALE

PLEASE READ THESE TERMS OF SALE (THE “TERMS OF SALE”) CAREFULLY BEFORE PLACING AN ORDER WITH US FOR A PURCHASE OF A PRODUCT OR SERVICE.  These Terms of Sale incorporate by reference the above Terms of Use and our Privacy Policy, and any capitalized terms in those agreements shall have the same meaning here.  These Terms of Sale (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these Terms of Sale) set out the legal terms that apply to your purchase of products via The Properties from The Donna Karan Company LLC and The Donna Karan Company Store LLC, 240 West 40th Street, New York, New York 10018, +1-877-316-0975 and their affiliates and the services provided by us and our service providers.
 
Your purchase of any of the products offered on the Properties (“Products”) is subject to these Terms of Sale and by placing an order for any Product you agree to be bound by them. Use of your personal information submitted to or via the Properties is governed by our Privacy Policy.
 
From time to time we may update these Terms of Sale.  Your use of the Properties and purchase of any product after we post any changes constitutes your agreement to those changes. 

ORDERS FOR PRODUCTS AND SERVICES

We may make certain products available for sale to visitors and registrants of the Properties.  DKC has subcontracted the operation of certain aspects of the Properties to Black & White, a trading division of Farfetch (“Farfetch”). As such, Farfetch provides and/or procures certain services on behalf of DKC to enable the operation of the Properties and for you to search through the Properties and purchase products from DKC and its affiliates. Such services include, but are not limited to, payment processing, customer service, hosting, and delivery logistics. Farfetch UK Limited is a company registered in England and Wales and its registered office is at The Bower, 211 Old Street, London, England, EC1V 9NR, United Kingdom. Its registered company number is 06400760 and its VAT number is GB 204 0769 35.

 
You may only order products if you are 18 years old or older.  If you place an order, you promise that you are 18 years old or older. If you wish to purchase any product or service made available through the Properties, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
 
You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to DKC and its service providers, as applicable. You agree to pay all applicable taxes. If payment is not received by us or our service providers from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or our service providers.
 
You accept and agree that your use of the Properties is for your personal use only.

PRODUCT INFORMATION

We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter, and we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free.  The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes.

ORDERING AND AVAILABILITY

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Place Order" button on the checkout page.
 
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Place Order" button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between you and us in relation to the Product(s) ordered (“Contract”) will only be formed when we send you the Dispatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
 
The Contract will relate only to the Product(s) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.

DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Dispatch Confirmation, unless there are exceptional circumstances.

 

Your order will be delivered to the delivery address you specify when placing your order.

 

If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country, including any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.

 

Products comprised within the same order cannot be delivered to different addresses.

 

Deliveries are made by our trusted courier and take place on Monday to Saturday (or other normal working week days in countries that do not follow a Monday-Friday working week), excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

 

If you order Product(s) for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will responsible for reclaiming duty directly from your local customs office.

 

Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.

 

CLICK & COLLECT

DKNY is pleased to offer our new Click & Collect service, available in a selection of our DKNY Full Price stores. Now you can purchase online and collect your item from selected stores in New York, California, Nevada, and the United Kingdom.
 
How it works
  1. Add an item to your shopping basket and go to checkout.
  2. At the checkout, select “Collect in DKNY Full Price”
  3. Select a convenient DKNY Full Price store from the list of participating DKNY Full Price store
  4. Enter your details and complete the secure online payment
  5. We'll email you when your order is dispatched and also when it's ready to collect
  6. Take ID with your full name and 'your order is ready to collect' email to the DKNY Full Price store. You can print this off or show the email on your smartphone.
  7. Your order will be held at your chosen DKNY Full Price store for 10 days before it is returned for a refund.
 
Which DKNY Full Price stores offer the click & collect delivery service?
US Stores: Soho - New York, Las Vegas – Nevada, South Coast Plaza – California.
 
UK Stores: Old Bond Street – London, King’s Street – Manchester.
 
Is there a charge for Click & Collect?
The Click & Collect service is free of charge.
 
How long are orders kept in DKNY Full Price storE for collection?
You have 10 days from receiving "your order is ready to collect" email to collect your order from your chosen DKNY Full Price store. If you do not collect your item within 10 days it will be returned to the original store. The store will then process your refund.
 
How do I return my item to  DKNY Full Price store?
If you process your return through our Free Returns service, you have 30 days from receiving your 'order is ready to collect email' to return the item to the DKNY Full Price store you collected from. We strongly recommend that you take your item to a store within 10 days of receiving "your order is ready to collect" email to ensure that it arrives back to the original store in time.
Alternatively you can use the free collection service even if you picked up your order from a DKNY Full Price store. Simply sign into “My Account”, navigate to “My Orders” and follow the instructions to return the item.
 
How long do I have to return an item if I have decided to return my item to a DKNY Full Price store?
We recommend that you take your item back to the DKNY Full Price store you collected your item from within 10 days of receiving "your order is ready to collect" email to ensure that it arrives back to the original store in time.  All items must be returned within 30 days of receipt of the “your order is ready to collect email”.
 
Can I change the collection DKNY Full Price store for my order?
Unfortunately you cannot change the collection DKNY Full Price stores once you have placed your order.
 
Can someone else collect my order?
Unfortunately you will need to collect the order yourself and bring ID with your full name and your "order is ready to collect" email.
 

RISK AND OWNERSHIP

The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

PRICE AND PAYMENT

The price of Products is as quoted on the Properties from time to time.
 
Prices include VAT (where applicable) but exclude delivery costs and other taxes, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method.
 
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
 
The Properties contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Properties may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Properties, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
 
Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards and Pay Pal.
 
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
 
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
 

RETURN OF PRODUCTS

The price of Products is as quoted on the Properties from time to time.
 
Prices include VAT (where applicable) but exclude delivery costs and other taxes, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method.
 
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
 
The Properties contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Properties may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Properties, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
 
Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards and Pay Pal.
 
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
 
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.

FAULTY PRODUCTS

If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

SWEEPSTAKES & CONTESTS

DKNYSS17 Contest (the “Contest”)

Official Rules

 

NO PURCHASE NECESSARY. Open to legal residents of the fifty (50) United States and District of Columbia, age 18 or older.  Employees of The Donna Karan Company LLC (“DKNY” or “Sponsor”), its parent, subsidiaries, affiliates, advertising & promotion agencies & members of the press covering the Contest (collectively with Instagram, LLC, “Released Parties”) & members of their immediate family (spouse, parent, children, siblings & their respective spouses, regardless of where they reside) & persons living in the same household, whether or not related, are not eligible. Void where prohibited. Subject to all applicable federal, state & local laws.

 

HOW TO ENTERSponsor has embedded images of the DKNY Spring 2017 Campaign (the “Campaign”) in six (6) undisclosed locations throughout New York City.  Clues identifying each of the six locations will be released on DKNY’s Instagram account on January 29, 2017.  To enter, participants must correctly identify and visit each location and post an Instagram photo featuring the Campaign in each location using the hashtag #FINDBELLADKNY during the Program Period.  Entry submission will open at 12:00 a.m. Eastern Standard Time (“EST”) on January 29, 2017 and all entries must be received by 11:59 p.m. EST on January 29, 2017 (the “Program Period”).  To be eligible, participants must be available to attend, and arrange for personal transportation to/from, an in-store event at the DKNY Soho location in New York City on February 1, 2017 from 6:00-8:00 p.m.

 

To access location clues during the Promotion Period, you must follow @DKNY on Instagram.  Your account must be set to “public” in order for your entry to be eligible.  If you do not have an Instagram account, establishing an account is free.  All Instagram terms apply.  You can unfollow @DKNY and return your account to “private” any time after the winner has been announced.  Entries generated by script, macro or other automated means or by any means which subvert the entry process are void.  Limit one (1) set of entries (5 Instagram posts) per person/Instagram account.  Multiple sets of entries will be void.  Entries become the sole property of Sponsor.

 

ENTRY REQUIREMENTS: Entry must be in keeping with Sponsor’s image & not be offensive or inappropriate, as determined by Sponsor in its sole discretion.  Entry must not defame or violate or infringe upon the rights of any person or entity.  Sponsor reserves the right to disqualify any entry and remove any post that it determines, in its sole discretion, is not in compliance with these Official Rules.

 

WINNER DETERMINATION: One (1) winner will be selected on January 30, 2017 from all eligible entries received. Entries will be judged by employees of Sponsor based on creativity, originality and embodiment of the DKNY brand.  Winner will be selected on January 30, 2017.  Odds of winning depend on the number of eligible entries received. 

 

WINNER NOTIFICATION: Winner will be notified via email or Instagram direct message & he/she will have 6 hours from notification to respond to Sponsor. Failure to respond to such notification or noncompliance with these Official Rules may result in disqualification, and, at Sponsor’s sole discretion, prize may be awarded to an alternate winner.  To claim the Prize and be declared the official Winner, the potential winner must sign and return to Sponsor an Affidavit of Eligibility within 1 day of selection, or the Prize may be irrevocably forfeited and an alternate winner may be selected.

 

Prize: One (1) $4,500 DKNY gift card and a personal meet-and-greet with Bella Hadid on February 1, 2017 at the DKNY Soho location during an in-store event.  Approximate Retail Value (“ARV”): $4,500.  Prize is non-assignable and nontransferable and cannot be redeemed for cash.  Prize is awarded “as is” with no warranty or guarantee, either express or implied. Winner is responsible for all federal, state & local taxes (including any income and/or withholding taxes) as well as any costs and expenses associated with prize acceptance and use not specified herein as being provided.  Winner may not substitute a prize, but Sponsor reserves the right, at its sole discretion, to substitute a prize with one of comparable or greater value. All prize details are at Sponsor’s sole discretion.    

 

GRANT OF RIGHTSBy submitting an entry, each entrant grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, & otherwise use the entry & all elements of such entry, together with any other material, and the name, Instagram user name, city & state of residence, voice, image and/or likeness of entrant (including, but not limited to, Instagram profile photo), in any & all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or additional notification to, or permission from, entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade. 

 

GENERAL CONDITIONS:  By participating, each entrant agrees: (a) to abide by these Official Rules & decisions of Sponsor, which shall be final & binding in all respects; and (b) to release, discharge & hold harmless Released Parties from any & all injuries, liability, losses & damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or the acceptance or use of the prize (including any travel or activity related thereto).  Released Parties are not responsible for (i) lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled entries, comments or messages; (ii) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications; (iii) failed computer, satellite, telephone or cable transmissions, lines, or technical failure; (iv) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (v) other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-related materials; (vi) any incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; or (vii) injury or damage to any person's computer related to or resulting from participating in this Contest.  Persons who tamper with or abuse any aspect of the contest or any Sponsor website or social media account, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified & all associated entries will be void. Should any portion of the contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the contest & if terminated, at its discretion, select a winner from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair & appropriate by Sponsor. Information submitted in connection with this Contest will be used in accordance with Sponsor’s Privacy Policy, available at www.DKNY.com.  

 

DISPUTES: Each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded, other than the administration of the Contest or the determination of winner, which is in Sponsor’s sole and exclusive discretion (and shall not be the subject of any dispute), shall be resolved with you individually, without resort to any form of class action, and exclusively by the state or federal courts located in the County of New York, State of New York; (2) any and all claims, judgments and awards against Sponsor and in your favor shall be limited to actual out-of-pocket costs incurred by you, including costs associated with entering this Contest, and in no event shall entrant be entitled to receive attorneys' fees or other legal costs; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages or any other damages, including any or all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations you and/or the Sponsor have in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, applicable to agreements made and wholly performed in the State of New York.

 

Winner’S NAME: For three (3) months after the Prize is conclusively awarded, the surname and country of the winner may be obtained by sending a self-addressed envelope to: The Donna Karan Company LLC, 240 West 40th Street, New York, NY 10018, Attn: Global Marketing and Advertising, Kristen Hammond.  This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Sponsor & not to Instagram.

Contacting us

Please submit any questions you have about these Terms and Conditions or an order you have placed (or ordering in general) by email to customerserviceassociate@dkny.com by telephone to US +1 (646) 813-0112 or UK +442037447492 between the hours of 9am to 9pm Eastern Time, Monday to Friday or write to us at:
 
(c) The Donna Karan Company LLC
240 West 40th Street
New York, NY 10018 USA
Attention:  Customer Service
 
Updated January 16, 2017.