Terms of UseThe following "Terms of Use" constitutes an agreement between Company and you, the visitor, governing your access and use of all content and functionalities available at the Company website accessed through the URL GabrielaHearst.com and related domain names (collectively, the "Site"). As used herein, "Company" means Gabriela Hearst, LLC, a New York limited liability company having an address at 584 Broadway Suite 606, New York New York 10012, its officers, directors, members, shareholders, employees, agents, affiliates, and subsidiaries. Company is also sometimes referred to as "Gabriela Hearst", "us", "our" or "we" on the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE FOR ANY PURPOSE.

By accessing, viewing, or using the content, material, products or services available on or through the Site, you certify that you have read, understand and agree to be legally bound by these Terms of Use, as well as the Terms of Sale and Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you are 13 years of age or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the "Services") signifies that you fully accept and agree to these Terms of Use.
1. Registration
In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms of Use, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age.

Upon completion of your registration on the Site, you will receive by email a confirmation that your online registration was successful and summary of your personal information. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Gabriela Hearst will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

When placing an order through the Site, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Gabriela Hearst or its third party providers at this time for security and anti-fraud purposes. You represent and warrant that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.

Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.

Any personal information that you provide to us via the Site is subject to our Privacy Policy.
2. General Restrictions on Use
You agree to use the Site and the Services only for purposes that are permitted by: (a) these Terms of Use; and (b) all applicable laws, regulations and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You are only permitted to use of the Site and Services for your non- commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Company may suffer) of any such breach.

Company hereby grants you permission to access and use the Site and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of the Terms of Use on your part:

You agree not to (and not to attempt to):

  • a) Access any of the Services by any means other than through the interface that is provided by Company;
  • b) Gain unauthorized access to Company's computer system or engage in any activity that interferes with the performance of, or impairs the functionality of the Site or the Services;
  • c) Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  • d) Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  • e) Engage in any activity that interferes with, modifies, alters or disrupts the Site or the Services (or the servers and networks which are connected to the Services);
  • f) Reproduce, duplicate, copy, sell, trade or resell any aspect of the Site or the Services for any purpose;
  • g) Remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site or the Services;
  • h) Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Company in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
3. Content
As between you and Company, Company owns or licenses all information and materials, including data files, written text, computer software, music, audio files, images, illustrations, designs, the "look and feel" of the Site, icons, photographs, video clips, and any software concepts and documentation and other material on, in or made available through the Site ("Site Content"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between any user and Company, all names, trademarks and service marks (including GABRIELA HEARST®), certification marks, symbols, slogans or logos appearing on the Site are proprietary to Company or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms of Use.

Certain features of the Site may allow you to contribute other materials and information for access, use, viewing and commentary by other users to the Site (collectively, "Comments"). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Company, you grant Company a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Company shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
4. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Content or Comments and that you may not rely on such Site Content or Comments.
5. Disclaimers and Warranties
The Site and Services are provided "as is" and Company makes no warranty or representation of any kind to you with respect to them. You understand and acknowledge that you use the Site and the Services at your own risk.

Company makes no warranties, whether express or implied, in relation to: (a) the accuracy, reliability or completeness of any information placed on the Site or in advertisements; or (b) any transactions that may be conducted on or through the Site including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement; the security, accuracy, reliability, timeliness and performance of the Site.

Company expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Services, Site Content, goods, advice, information or links provided on the Site will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected; (iv) regarding the Site Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and (vi) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms of Use.

You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Company assumes no responsibility for: (x) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (y) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person's computer related to or resulting from use of the Services or the Site.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or Services except to the extent that they are expressly set out in these Terms of Use.
6. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL COMPANY'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF COMPANY AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).

Without limiting the foregoing, you understand and acknowledge that Company shall not be liable to you for:

  • a) Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
  • b) Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site or the Services; (ii) any changes that Company may make to the Site or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site or the Services; (iv) the use of any products or services obtained on or through the Site; or (v) any other matter relating to the Site, the Services, the Site Content, or the Comments.

The limitations on Company's liability to you in this Paragraph 7 shall apply whether or not Company has been advised of or should have been aware of the possibility of any such losses arising.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
7. Indemnity
You agree to defend, indemnify and hold harmless Company, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any term of the Terms of Use, including the Terms of Sale and Privacy Policy; or (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms of Use and your use of the Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense.. You may not settle any Claim without the prior written consent of Company.
8. Links To Other Sites
The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Company has no control over these websites and that these Terms of Use do not apply to any third party sites. Company cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Company encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.
9. Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Company through the Contact Us form with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
10. Miscellaneous
Complete Terms

These Terms of Use, including the Terms of Sale and Privacy Policy, constitute the whole legal agreement between you and Company and govern your use of the Site, Services and any transactions you may have with Gabriela Hearst through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Gabriela Hearst in relation to such matters. In the event any other rules, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms of Use, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms of Sale.

Notwithstanding the foregoing, you understand that Company may make changes to the Terms of Use from time to time. Your continued use of this Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Company will make a new copy of the Terms of Use available at http://www.GabrielaHearst.com. You agree that Company is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms of Use regularly for changes.

Rights Not Waived

You agree that if Company does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company's rights and that those rights or remedies will still be available to Company.

Severability

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use (including the Terms of Sale or Privacy Policy) is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.

Jurisdiction and Governing Law

The Site is controlled and operated from within the United States. Without limiting anything else, Company makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.

These Terms of Use, and your relationship with Company under the Terms of Use (including the Terms of Sale and Privacy Policy), shall be governed by the laws of the State of New York, without reference to conflict of laws provisions. You and Company agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise, as well as any right to a trial by jury.

Last Updated: May 5, 2015
Privacy PolicyCompany endeavors to protect your personal privacy. By providing your personal information to Company, you signify your acceptance of the Terms of Use and agree that Company may collect, use and disclose your personal information as described herein. Although Company is committed to maintaining your confidence and trust in all of our activities with you, the Terms of Use, which incorporate this Privacy Policy by reference, do not govern the collection or use of data about you through channels other than the website accessed through the URL GabrielaHearst.com and related domain names (collectively, the "Site").

The Site is not intended for children under the age of 13. We do not knowingly collect personal information online from visitors in this age group.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE FOR ANY PURPOSE.
Information We May Collect
Personally Identifiable Information

For purposes of this Privacy Policy, "personally identifiable information" means any information by which someone can be personally identified, including name, address, telephone number, email address and other information incidental to providing goods or services (also referred to herein as "personal information"). We collect personally identifiable information from you only when you voluntarily provide us with this information, such as when placing an order on the Site, establishing an account, contacting us with a question or comment, utilizing an "Email to a Friend" feature, or signing up to receive emails about our latest products and services.

Browsing Information; Cookies and Clear Gifs

When you visit the Site, our web servers may automatically recognize certain non-personally identifiable information about you, such as your domain name, access provider, IP address, and browser language. The Site also uses a browser feature known as a cookie, which assigns a unique identification to your computer. The information collected from cookies allows us to provide better customer service to you and to improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited. We may also use cookies and/or a technology known as clear gifs to help us confirm your receipt of and response to our emails and to provide you a more personalized experience.

In the course of serving advertisements to the Site, our third party advertising partners may place or recognize a unique cookie on your browser, which will allow our advertising partners to recognize your computer each time they send you an advertisement. In this way, they may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked. This information allows our advertising partners to deliver targeted advertisements that they believe will be of most interest to you.

If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for "Do Not Track" features. We do not override these settings or options, and encourages you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products, or benefits of the Site, you may be required to provide us with certain information, including some types of personally identifying information. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Site.
How We Use Your Information
By providing personally identifiable information to us, we are better able to match your interests. Gabriela Hearst LLC may use your personally identifiable information to process and fulfill orders, send emails to confirm your order status and shipment, to communicate with you and to send you information by email, postal mail, text message or other means about our products, services, contests and promotions and enable our parent, PVH Corp. and its subsidiaries to similarly communicate with you about their products, services, contests, and promotions unless you have directed us not to contact you with promotional communications. In general, we use personal information collected on the Site for the following purposes:

  • a) For the specific purpose for which it was volunteered;
  • b) To develop, market, sell or provide products and services;
  • c) As permitted by, and to comply with, any legal or regulatory requirements, process or provisions.
In order to serve you better, we may combine information you provide to us on the Site with information from third parties, including demographic or public information.
How We May Share Your Information
We may share your information collected on this Site with our subsidiaries, affiliated companies, and unaffiliated business partners for the purpose of providing you with the products and/or services you seek from the Site.

From time to time, Company may disclose the data collected through the Site, including personally identifiable information, to Service providers and subcontractors, including our affiliated and unaffiliated service providers, retained to perform functions on our behalf or to provide services to us. These services include:

  • a) Order fulfillment, warehousing and delivery;
  • b) Advertising, marketing and promotional material distribution;
  • c) Information technology and office services, including data processing and analysis, software and website development, and website hosting, management and evaluation;
  • d) Payment processing services, fraud protection and credit risk reduction; and
  • e) Legal, accounting, audit and other professional service providers.
Company may also disclose the data collected through the Site, including personally identifiable information, to another party with which Company enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase. In the unlikely event that the Company or substantially all of its assets are acquired by another company, or due to any merger, reorganization or liquidation, customer information may be one of the transferred assets. Your personal information will remain subject to any pre-existing privacy policy unless you consent otherwise.

We reserve the right to disclose information about you to a third party pursuant to a subpoena, court order, or other form of legal process, or in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process.

The Site may also contain links to third party websites, for the convenience of users in locating information, products, or services that may be of interest. If you access a third party website from a link on this Site, any information you disclose on that website is not subject to this Privacy Policy. It is possible that these links may be used by third parties or others to collect personal or other information about you. We are not responsible for the privacy practices of such websites, advertisers, or third parties or the content of such websites and it is your sole obligation to review and understand the privacy practices and policies of these other websites. We do not control the use of cookies or the collection of information by these third parties, nor how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these other websites, advertisers, and any third parties.
Managing Your Personal Information and Options
You may use the Site without providing any personally identifiable information.

You have the right to limit how we share your personal information for marketing purposes among our affiliates and business partners. Please see the section entitled "Managing Your Personal Information."

If you have established an account on the Site or signed up to receive electronic newsletters or promotional emails from Company, including new ideas, special offers and event information, or to otherwise receive communications about our products and services, you will have the right at any time to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us. There is no charge to you to unsubscribe.

At your request, Company will confirm what personally identifiable information it collects or holds about you, and will correct, update and/or remove such information. You may contact Company for any of the foregoing at the following e-mail address: sales@gabrielahearst.com.

If you ask that Company stops using or sharing your personally identifiable information, it will honor that request. However Company may retain records of your personally identifiable for a period of time; for example, to follow-up on a request, resolve a dispute or for similar reasons or in order to comply with applicable federal, state, or local law. In addition, some personal information may also continue to be stored on back-up files for financial, legal or technical reasons.

California Civil Code Section 1798.83 (also known as the "Shine The Light" law) permits users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request Company through the Contact Us form.
Security
The security of your personally identifiable information is important to us and Gabriela Hearst LLC is committed to handling such information carefully. We maintain physical, electronic and procedural safeguards to guard your personally identifiable information. We use secure socket layer ("SSL") technology to protect the security of your payment information and we encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.
Updating this Privacy Policy
We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy will be considered your consent to those changes. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development.

Last Updated: May 5, 2015