Terms and Conditions
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.
General Restrictions on Use
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.
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.
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.
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.
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.
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.
8. Links To Other Sites
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."
Rights Not Waived
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.
As part of its partnership with Save the Children to support child nutrition and relief efforts in Yemen, Gabriela Hearst will donate 100% of the Net Proceeds from the sale of all items between December 2-9, 2019. ‘Net Proceeds’ are defined as the net sales price billed by Gabriela Hearst to its customers for products sold in connection with the Promotion, less (i) the cost of goods sold; (ii) amounts payable for sales taxes billed separately to, and paid by, the customer; and (iii) any operating expenses, including but not limited to salaries, rent, marketing, and shipping costs. For more information visit savethechildren.org/legal.
Last Updated: December 1, 2019