Terms Of Use

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TERMS AND CONDITIONS

(Terms of Use and Terms of Sale)

These Terms of Use govern your use of the website located at www.donnakaran.com (collectively, 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 The Donna Karan Company Store LLC, 512 Seventh Avenue, 31st Floor, New York, New York 10018, +1-866-984-2118 (collectively, "DKC" or "we" or "us"), 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 EU AND NON-EU PRIVACY POLICIES, WHICH ARE 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:

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;
identification of the claimed infringing material and information reasonably sufficient to permit DKC to locate the material on the Properties;
information reasonably sufficient to permit DKC to contact you, such as an address, telephone number, and, if available, an e-mail address;
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;
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
your physical or electronic signature.
Please send all of the information listed above to the following DKC copyright agent:
Jodi Sarowitz
Intellectual Property Counsel

512 Seventh Avenue
New York, NY 10018
Tel: 212-403-0619
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

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.

INDEMNIFICATION

AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
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:

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.
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
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.
CHOICE OF LAW/FORUM SELECTION
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.

DISCLAIMER

PLEASE NOTE THAT THIS SECTION ON DISCLAIMER DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY. 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.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS 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.

LIMITATION OF LIABILITY

PLEASE NOTE THAT THIS SECTION ON LIMITATION OF LIABILITY DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.
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 Store LLC, 512 Seventh Avenue, 31st Floor, New York, New York 10018, +1-866-984-2118 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

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.

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 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.

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.

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.

DKNY INSIDER PROGRAM

TERMS AND CONDITIONS

THIS PROGRAM IS ONLY AVAILABLE FOR US RESIDENTS AND IS VOID WHERE PROHIBITED BY APPLICABLE LAW. SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE PROGRAM IN ANY MANNER, IN WHOLE OR PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT POINTS ALREADY ACCUMULATED.

PROGRAM PERIOD. By participating in The DKNY Insider Program (the “Program”), each participant accepts and agrees to comply with these Program terms (“Terms”) and the decisions of the Donna Karan Company Store LLC (“Sponsor”), whose decisions shall be final and binding in all respects. Sponsor’s computer located in New York, New York, USA and operating according to Eastern Time is the official time keeping device for this Program. The Program may end in accordance with the termination section as set forth in Section 8 (the “Program Period”). Please review Sponsor’s Privacy Policy found at https://www.donnakaran.com/category/customer+service/privacy+policy.do - which governs any online collection of information in connection with the Program - to understand our practices in connection with the use and protection of your information. WE STORE INFORMATION BOTH IN AND OUTSIDE OF THE UNITED STATES. Taken out: If you live outside of the United States, you understand and agree that we may transfer your information to the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. We agree to use your information as set forth here and in our Privacy Policy, which may not provide the same levels of protection as is required by law where you live. You may contact us to withdraw your agreement to the transfer of your information at any time, but if you do so, you will not be able to participate in the Program.

ELIGIBILITY: The Program is open only to legal residents of the fifty (50) United States, the District of Columbia, and Puerto Rico, who are 18 years of age or older at the time of participation. Officers, directors and employees of Sponsor and its respective parents, subsidiaries and affiliated companies, distributors, advertising, promotional agencies, persons engaged in the development, production or distribution of materials for this Program (collectively, “Program Parties”) and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate in the Program. No groups, clubs, newsletters, companies, or organizations may participate in this Program on behalf of the group, club, company, or organization. Participants who are under the age of majority in their jurisdiction of residence must have the permission of their parent or legal guardian to participate in this Program, and their parent or legal guardian must agree to these Terms on their behalf. This Program is void where prohibited by applicable law.

HOW TO ENROLL: Eligible participants may enroll in the Program during the Program Period by (a) making a purchase at a participating DKNY outlet store (“Participating DKNY Company Store”) or a participating DKNY full-price freestanding store (“Participating DKNY Store”), each in the United States; (b) indicating to a sales associate that you would like to become a member of the Program; and (c) providing a valid email address; or by making a purchase online at donnakaran.com and (c) providing a valid email address. The following DKNY stores do not participate in the Program and purchases from these DKNY locations are not eligible to earn Points: stores outside of the country listed above, specialty stores or department stores and other e-commerce websites.

Limit one (1) Program account per person/email address. Anyone found attempting to use multiple/different identities, email addresses, accounts, registrations, or logins, or otherwise attempting to obtain more than one (1) Program account may be ineligible for the Program; his/her Program accounts may be cancelled; and all corresponding Points may be void, in Sponsor’s sole discretion.

HOW TO EARN POINTS: Eligible participants will earn one (1) point (“Point”) for every unit of currency spent on merchandise purchased at any Participating DKNY Store, Participating DKNY Company Store or online at donnakaran.com when the participant’s valid email address associated with the participant’s Program account is provided at the point of purchase. Participants earn points on the unit value of merchandise purchased only; no Points are earned for taxes or the purchase of gift cards.

Purchases of DKNY merchandise made at department stores or at specialty stores are not eligible for this Program. Purchases that are returned are also not eligible for Points, and any Points awarded for returned merchandise will be removed from and/or credited against the participant’s account. Sponsor reserves the right to modify, terminate, change, and otherwise revise any of the ways to earn Points (as well as the corresponding details of such method including, without limitation, the amount/value of Points available and the participation status of any store), at any time. Sponsor’s decisions regarding the number of Points accumulated or available are final and binding in all respects.

Only the individual named as the primary Program account holder will accrue Points and will be entitled to access to the Program account. Points may not be combined from different Program accounts for any purpose. Each participant shall have the responsibility of ensuring that his or her Points are properly credited. Participants must present their email address at the time of all purchase, exchange, or return transactions to ensure accurate accumulation and tracking of membership points. Sponsor reserves the right to invalidate Points from a Program account if it determines that such Points were improperly credited to such Program account or obtained fraudulently. Points do not constitute property, do not entitle a participant to any vested right or interest, and have no cash value. As such, Points are not redeemable for cash, or transferable or assignable to any other person or entity for any reason. Each participant acknowledges and agrees that the decisions of Sponsor as to Points and Point receipt shall be final, binding and conclusive in all matters relating to the Program, including without limitation determinations regarding the validity of receipt of Points and other materials submitted for verification (if any).

Points are null and void and will be rejected/removed from the participant’s account if not obtained through authorized, legitimate channels. No Point receipt or redemption will be valid if such receipt or redemption is associated with any Point deemed void for any reason, including without limitation, the following: (a) Point is not verified or recognized as being validly issued by Sponsor in the Program; (b) Point is determined to be previously entered and used; (c) Point is incorrectly or incompletely entered or submitted; (d) Point was obtained in a manner deemed by Sponsor to be fraudulent or otherwise invalid; or (e) Point is otherwise void. Any unused Points remaining in a Program account after the end of the Program Period shall also be void. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void Point.

Please allow a minimum of thirty (30) business days for Points to be credited into your Program account. You can check your Program account history for Point balances and details by contacting dknyinsider@dkny.com or by visiting a Participating DKNY Company Store or Participating DKNY Store. Sponsor assumes no liability for discrepancies, omissions, inconsistencies or errors in the number of Points acquired as reported on the Website. The decisions of Sponsor with respect to Program account balances and Point transactions are final and binding in all respects.

HOW TO RECEIVE REWARD CERTIFICATES: Participants who reach the threshold level of Points set forth below based on corresponding purchases at a Participating DKNY Store, Participating DKNY Company Store (as applicable), or online at donnakaran.com will receive a DKNY store reward certificate in the amounts set forth below:

For participants who register at a Participating DKNY Company Store, DKNY STORE of online at donnakaran.com:

REQUIRED NUMBER OF
POINTS TO RECIEVE REWARD
REWARD CERTIFICATE
AMOUNT*
REWARD CERTIFICATE REDEMPTION
LOCATIONS
150
$15
PARTICIPATING DKNY COMPANY STORES, PARTICPATING DKNY STORES, AND ONLINE AT DONNAKARAN.COM
300
$30
PARTICIPATING DKNY COMPANY STORES, PARTICPATING DKNY STORES, AND ONLINE AT DONNAKARAN.COM
450
$45
PARTICIPATING DKNY COMPANY STORES, PARTICPATING DKNY STORES, AND ONLINE AT DONNAKARAN.COM
600
$60
PARTICIPATING DKNY COMPANY STORES, PARTICPATING DKNY STORES, AND ONLINE AT DONNAKARAN.COM
750
$75
PARTICIPATING DKNY COMPANY STORES, PARTICPATING DKNY STORES, AND ONLINE AT DONNAKARAN.COM
900
$90
PARTICIPATING DKNY COMPANY STORES, PARTICPATING DKNY STORES, AND ONLINE AT DONNAKARAN.COM
1050
$105
PARTICIPATING DKNY COMPANY STORES, PARTICPATING DKNY STORES, AND ONLINE AT DONNAKARAN.COM

*Maximum Reward Certificate Amount per issuance is $105. Any additional points accrued will remain in Participant’s account, and a resulting certificate will be issued in the subsequent period.

Reward certificates will be issued on an approximately monthly basis and will be sent to participants via email to the email address associated with the participant’s Program account. Reward certificate emails must be presented at time of purchase in order to be redeemed. Subject to applicable law, reward certificates expire 90 days from the date of issue and are subject to the terms and conditions specified thereon. Reward certificates may not be transferred, substituted, or redeemed for cash or gift cards. Reward certificates may not be applied to taxes or previous purchases. Points will not accrue on reward certificate amounts applied to purchases. Reward certificates used towards merchandise that is subsequently returned shall be credited to the Participant’s Program account, and any applicable reward certificates will be issued in the subsequent period. Sponsor reserves the right to substitute a reward for Points of equal or greater value, at its sole discretion. Participants are responsible for all applicable taxes as well as any other costs or expenses associated with any reward certificates received. Program benefits may not be combined with any other programs offered by Sponsor.

POINTS EXPIRATION: Should this Program remain in place for longer than a two (2) year period of time, and if any Program account is inactive for a two (2) year period (inactivity defined as no Points added or redeemed to/from a Program account for two (2) years), participants acknowledge and agree that Sponsor may, in its sole and absolute discretion, and subject to applicable law terminate such Program account and any Points associated with such Program account. Unless notice is required by applicable law, Sponsor is not obligated, and will not provide notice of such inactivity or termination to participants. Sponsor reserves the right, at any time, to increase or decrease the length of the inactive period from two (2) years. Notice of such revisions shall be posted in the DKNY INSIDER PROGRAM Terms and Conditions available at donnakaran.com.

Participants must redeem and use all Points before expiration or the effective date of termination; any unused Points remaining following the termination date are forfeited and have no value. Subject to applicable law, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of Sponsor. No extensions, cash refunds or other exchanges will be allowed for expired Points.

LIMITATIONS OF LIABILITY: Each of the following provisions of this Section 7 apply only to the maximum extent permitted by any applicable law. Sponsor and Program Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected Points, reward certificates, or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems regarding the administration of the Program, the tabulation of Points, the issuance of reward certificates or in any Program-related materials. No responsibility or liability is assumed by the Sponsor and Program Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program or the Website: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online, mobile or other communication problems; disruptions, errors or limitations of any Internet service providers or wireless carriers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Program. Sponsor and Program Parties are not responsible for any typographical or printing errors in any Program materials (including, but not limited to, at the Website, in email correspondence, and in advertising materials), or any inaccurate or incorrect data contained on the Website, including without limitation, the number of Points available, or any personal injury to a user, or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment or mobile phone equipment resulting from participation in the Program, or use of or download of any information from the Website.

MODIFICATION/TERMINATION: The Program structure is subject to modification, termination, or limitation at any time, with or without notice, in Sponsor’s sole discretion, and Sponsor expressly reserves the right to establish additional means of accruing Points, to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transaction therefrom or to make Points selectively available to certain participants based upon factors, in its sole discretion. Additionally, membership in the Program is offered at the discretion of Sponsor and it reserves the right to modify the Program Terms, Point redemption values, benefits, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points or any other aspect of the Program, in whole or part, at any time, with or without notice, even though such changes may affect the redemption value of the Points already accumulated. If for any reason Sponsor determines in its sole discretion that the Program or any aspect of the Program is no longer capable of running as planned or intended for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Program), Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Program in whole or in part, including without limitation, any means of earning Points or reward certificates, at any time.

CONDUCT: By participating in this Program, participants agree to be bound by these Terms and the decisions of the Sponsor, which shall be final and binding in all respects. Failure to comply with these Terms may result in disqualification, and the termination of the participant’s Program account and any Points associated with such Program account, in the sole and absolute discretion of Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend or block any Program account registered by such person (and void any associated Points) if Sponsor deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms; or (b) damaging, tampering with or corrupting the operation of the Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; or (e) repeated attempts to participate, open Program accounts, and/or receive repetitive, void, additional, or otherwise invalid or fraudulent Points in one or more Program accounts, as determined by Sponsor; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor’s delay or failure to enforce any term of these Terms shall not constitute a waiver of that or any other provision.

RELEASES/DISPUTES: All participants, as a condition of participation in this Program, agree to release Sponsor and Program Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Website or otherwise participating in any aspect of the Program, the receipt, ownership or use of any reward certificate awarded (if any), or any typographical or other error in these Terms or other Program materials (including, without limitation, on any Program website and/or account). Sponsor makes no representations or warranties of any kind concerning the appearance, or safety or performance of any item or product redeemed with participant’s Points or reward certificates (if any), except for any express manufacturer’s warranty as may be included with such item or product. As a condition of participating in this Program, each participant agrees that: (i) where permitted by applicable law, any and all disputes, claims and causes of action arising out of or connected with this Program, or any Points awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Program, or any Points awarded, shall be resolved exclusively by the federal, state, and local courts in New York, NY; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees; and (iv) under no circumstances will any participant be permitted to obtain awards for, and each participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, (“Damages”) and any and all rights to have Damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

JURISDICTION AND VENUE: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New York. By entering, participants consent to the jurisdiction and venue of the federal, state and local courts located in New York, NY.

SEVERABILITY: If any provision of these Terms (in whole or in part) is held to be void or unenforceable by any court or body of competent jurisdiction, then it will be void or unenforceable only to that extent, and the validity and enforceability of the other provisions of these Terms (or the remainder of that provision) shall not be affected.

SPONSOR: The Donna Karan Company Store LLC, 512 Seventh Avenue, 31st Floor, New York, NY 10018.

Last Updated and Effective as of May 18, 2018.

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Terms Of Use

TERMS AND CONDITIONS

(Terms of Use and Terms of Sale)

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