Terms & ConditionsCad & The Dandy
TERMS AND CONDITIONS
– ONLINE SHOP
– BESPOKE ORDERS
Welcome to the Cad & The Dandy USA Inc. website, www.cadandthedandy.com (the “Cad & The Dandy USA Inc. Website”), owned and operated by Cad & The Dandy USA Inc. and its affiliates (“Cad & The Dandy”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Cad & The Dandy USA Inc. Website and Cad & The Dandy USA Inc.’s services, applications, content and products (collectively, the “Site”). Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.
Cad & The Dandy USA Inc. reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Cad & The Dandy USA Inc. provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Cad & The Dandy USA Inc. property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Cad & The Dandy USA Inc.
We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH CAD & THE DANDY USA INC. (INCLUDING CLAIMS RELATING TO CAD & THE DANDY USA INC.’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY CAD & THE DANDY USA INC, OR CAD & THE DANDY USA INC’S COLLECTION OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.
ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE (“NOTICE”) DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE MAILED VIA CERTIFIED OR REGISTERED MAIL TO: CAD & THE DANDY, 130 WEST 57th STREET, SUITE 5A, 5th FLOOR, NEW YORK, NY 10019 USA ATTN: GENERAL COUNSEL, OR TO YOU AT YOUR LAST-USED BILLING ADDRESS OR THE BILLING AND/OR SHIPPING ADDRESS IN YOUR ONLINE PROFILE. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY COMMENCE ARBITRATION.
IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY CAD & THE DANDY USA INC. INTELLECTUAL PROPERTY RIGHT (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
CLASS ACTION WAIVER
By visiting this Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Cad & The Dandy USA Inc. specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
* Posting any information which is incomplete, false, inaccurate or not your own
* Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
* Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
* Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
* Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
* Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
* Attempting to interfere in any way with the Site’s or Cad & The Dandy USA Inc.’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
* Communicating, transmitting or posting material that is in violation of applicable laws or regulations
* Using the Site to harass, disrupt, or unlawfully interfere with Cad & The Dandy USA Inc. business interests
Limits on Purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of Cad & The Dandy USA Inc. merchandise, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales and through our catalogs and websites.
Violations of system or network security may result in civil or criminal liability. Cad & The Dandy USA Inc. investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
* Accessing data not intended for you or logging on to a Cad & The Dandy USA Inc. server or account that you are not authorized to access
* Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
* Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
* Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Please refer to the International Orders page on the Site for more information. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States government’s lists of prohibited and restricted parties.
Product and Pricing Information
Although Cad & The Dandy USA Inc. has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the monitor of the user, and Cad & The Dandy USA Inc. cannot guarantee that the user’s monitor will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Cad & The Dandy USA Inc. is not responsible for typographical errors regarding price or any other matter. Likewise, Cad & The Dandy USA Inc. does not warrant the accuracy of customer product ratings, comments or feedback.
As between you and Cad & The Dandy USA Inc. (or any other company whose marks appear on the Site), Cad & The Dandy USA Inc.(or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Cad & The Dandy USA Inc. logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Cad & The Dandy USA Inc. Intellectual Property”) are owned by Cad & The Dandy USA Inc. and may be registered in the United States and internationally. You agree not to display or use Cad & The Dandy USA Inc. Intellectual Property in any manner without Cad & The Dandy USA Inc.’s prior permission. Nothing on the Site should be construed to grant any license or right to use any Cad & The Dandy USA Inc. Intellectual Property without the prior written consent of Cad & The Dandy USA Inc.. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Cad & The Dandy USA Inc. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
User Content and Material
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #CADANDTHEDANDY_NYC or any other Cad & The Dandy USA Inc. promoted hashtag (collectively “User Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to Cad & The Dandy USA Inc. and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Cad & The Dandy USA Inc. will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Cad & The Dandy USA Inc. shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Cad & The Dandy USA Inc. retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Cad & The Dandy USA Inc., you will furnish Cad & The Dandy USA Inc. any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Cad & The Dandy USA Inc. and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Cad & The Dandy USA Inc. does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Cad & The Dandy USA Inc. and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Cad & The Dandy USA Inc. or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Cad & The Dandy USA Inc. has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Cad & The Dandy USA Inc. acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Cad & The Dandy USA Inc. becomes aware of any User Content that allegedly may not conform to these Terms, Cad & The Dandy USA Inc. may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Cad & The Dandy USA Inc. has no liability or responsibility to Users for performance or nonperformance of such activities.
CAD & THE DANDY USA INC. HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST CAD & THE DANDY USA INC. FOR SUCH REMOVAL AND/OR DELETION. CAD & THE DANDY USA INC. IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
Cad & The Dandy USA Inc. respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cad & The Dandy USA Inc.’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:
* a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
* information reasonably sufficient to permit us to contact the complaining party;
* a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
* a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be directed to:
Cad & The Dandy USA Inc.
Attn: General Counsel
130 W.57th St, Suite 5A, 5th Floor
New York, NY 10019
(For both mail and email notices, please include “Notice of Infringement” in the subject line.)
Upon receipt of notices complying with the DMCA, Cad & The Dandy USA Inc. will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
* your physical or electronic signature;
* identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
* statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
* your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Cad & The Dandy USA Inc. may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CAD & THE DANDY USA INC. ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Disclaimers and Limitation of Liability
Cad & The Dandy USA Inc. publishes information on its Site as a convenience to its visitors. While Cad & The Dandy USA Inc. attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Cad & The Dandy USA Inc. products described on the Site may not be available in your region. Cad & The Dandy USA Inc. does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” CAD & THE DANDY USA INC. DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CAD & THE DANDY USA INC. DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. CAD & THE DANDY USA INC. MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Cad & The Dandy USA Inc. makes no warranties of any kind regarding any non-Cad & The Dandy USA Inc. sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Cad & The Dandy USA Inc. makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Cad & The Dandy USA Inc. sites. Cad & The Dandy USA Inc. does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL CAD & THE DANDY USA INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF CAD & THE DANDY USA INC. OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
With the exception of disclaimers and limitations related to warranties, the disclaimers and limitations of liability set forth shall not apply to use of the Site or products purchased through the Site from the State of New Jersey.
You agree to defend, indemnify and hold Cad & The Dandy USA Inc., its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
Governing Law and Disputes
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Cad & The Dandy USA Inc. shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any Cad & The Dandy USA Inc. Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
These Terms constitute the entire agreement between you and Cad & The Dandy USA Inc. and govern your use of the Site, and they supersede any prior agreements between you and Cad & The Dandy USA Inc. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Cad & The Dandy USA Inc. may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Cad & The Dandy USA Inc.’s sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between Cad & The Dandy USA Inc. and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Cad & The Dandy USA Inc. or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Cad & The Dandy USA Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Cad & The Dandy USA Inc.’s express written consent. The Terms inure to the benefit of Cad & The Dandy USA Inc.’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our ‘Contact Us’ page.
– Shipping & Delivery
– Returns, Replacements & Refunds
ONLINE SHOP – SHIPPING & DELIVERY
USA & CANADA
All packages are sent by the selected shipping method from our UK distribution centre and typically take 5 to 14 days for delivery from the point of dispatch. Where a tracked shipping service has been selected, you will receive full tracking details once the order has been dispatched.
You will NOT be charged UK VAT (sales tax), but you will be liable for any local import duties.
All packages are sent by the selected shipping method and typically take 1 to 5 days for UK delivery from the point of dispatch. Where a tracked shipping service has been selected, you will receive full tracking details once the order has been dispatched.
Orders are sent by the selected shipping method from our UK distribution centre and typically take 2 to 7 days for delivery, from the point of dispatch. Where a tracked shipping service has been selected, you will receive full courier tracking details once the order has been dispatched.
You will NOT be charged UK VAT (sales tax), but you will be liable for any local import duties.
REST OF THE WORLD
Orders are sent by courier and typically take 5 to 14 days for delivery, from the point of dispatch. Where a tracked shipping service has been selected, you will receive full courier tracking details once the order has been dispatched.
You will NOT be charged UK VAT (sales tax), but you will be liable for any local import duties.
Shipping and handling charges are per shipping address. Our shipping and handling fees apply regardless of order size or weight. In some cases, the charge may exceed actual shipping costs.
Your order may arrive in multiple shipments. If your order is sent in multiple shipments (either to the same address or to different addresses), your credit card will be charged separately for each shipment, including prorated shipping and handling charges.
IN STORE PICK UP
On selected items you can choose to pick up your online order at your local Cad & The Dandy store with no shipping and handling charge. Certain products may be unavailable for in-store pickup, including electronic gift vouchers. Orders will be delivered to your selected store and ready for pickup within the specified time frame. Some orders may be available even sooner (as early as same day) if all of your items are already available in your selected store.
Your credit card will be charged once your order has been processed and shipped, and an e-mail will be sent once the entire order is ready for pickup. You may pick up your order at the store for up to 7 days by providing a store associate with your pickup notification e-mail. You may also designate another individual to pick up your order if you provide them with the pickup notification received via e-mail. If you are not able to pick up your order within 7 calendar days, it will be returned to our warehouse, and you will be refunded in the form of your original payment. You should expect to see the credit in 3—5 additional business days.
If you decide to cancel your order prior to shipping, please telephone us on + 1 917 400 4804 or email us at email@example.com.
We will cancel your order immediately and issue a full refund of your payment. A confirmation of this cancellation will then be emailed to you. Unfortunately once the order has been shipped, cancellations are no longer available and the order falls under our return/ refund policy, detailed below.
ONLINE SHOP – RETURNS, REFUNDS & REPLACEMENTS
Face masks are non returnable or refundable due to the nature of the product and the associated heath and safety risks.
For all other items, if you are not completely satisfied with your purchase, you can return it within 30 days of purchase, for an exchange or a refund. Returns that are received after 30 days may be accepted at our discretion with a credit note issued for use in our shops or on our website.
U.S. Return and Exchange Policy
Cad & The Dandy accepts returns of unworn, unwashed, undamaged or defective merchandise purchased online, or in stores for delivery that shipped to a U.S. address for a full refund or exchange within 30 days of original purchase. For your convenience, online purchases may be returned to a Cad & The Dandy store. Refunds will be made in the form of the original payment. Face masks cannot be returned or exchanged.
International Customers – International Return and Exchange Policy
Cad & The Dandy gladly accepts returns or exchanges of merchandise purchased online within 30 days of original purchase. Final sale items cannot be returned or exchanged. If you choose to return an item, we will provide you with a refund of the original merchandise price and any duties and taxes originally paid on the item in the same currency and using the same exchange rate as your original order. Please note that you will still be responsible for any return shipping fees and original shipping charges.
In Store Purchases
Cad & The Dandy accepts returns, in the country where purchased, of unworn, unwashed, undamaged or defective merchandise purchased in our retail stores for full refund or exchange within 30 days of original purchase. Requests for refund or exchange must be accompanied by the original receipt. Refunds will be made in the form of the original payment. Face masks cannot be returned or exchanged.
• Non-faulty returns are shipped at the customers cost.
• All items must be returned in the same saleable condition as you received them, with the original packaging and tags included.
• If you are returning items which you have purchased during a promotion with a free gift, the entire order must be returned, including the free gift, to qualify for a full refund.
• You must enclose your details and the order number, which can be found on your email invoice.
• If you are returning goods from outside of the UK, please write “Returning Goods to Sender” on the customs form and on the package itself, as this will stop the parcel being subjected to any customs charges. If we are charged clearance fees to receive your return, we reserve the right to refuse delivery or charge the fees back to you.
• If you require an exchange for your goods, please give us full details of your requirements. Items taken in exchange for return goods are subject to a postage charge as well as any additional cost of the replacement item.
• We recommend that you obtain proof of delivery for any returned items as we are not liable for goods and packages lost in transit.
Cad & The Dandy USA Inc.,
130 W 57th Street
All items are thoroughly checked before shipping. If you consider your item to be faulty on arrival please contact us at firstname.lastname@example.org
• If you consider your goods to be faulty, please send pictures of the fault to us at email@example.com
• If we consider your goods to be faulty you will need to return them to us for assessment. We will provide you with details of how and where to send the package.
• If your goods are found to be faulty, they will be replaced free of charge and returned to you as quickly as possible. In this instance your postage costs will also be reimbursed.
Any complaints or comments should be directed to + 1 917 400 4804 or firstname.lastname@example.org. We take all complaints seriously and will be swift in our response to resolve matters.
ONLINE SHOP – ORDERING
Cad & The Dandy USA Inc. accepts payment by Visa, Mastercard and PayPal. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delays or non-delivery.
WHEN DO WE TAKE YOUR PAYMENT?
We will take payment once your card details have been processed through the check out page of our site.
Cad & The Dandy USA Inc. operates an address verification system (AVS) for your security. Orders can fail the verification process if the Billing and Delivery address do not match the card you are using for purchase.
CONFIRMATION OF YOUR ORDER
Orders are subject to acceptance and availability. Once we have received your order we will send a confirmation e-mail to the email address you provided during the checkout process.
Once all the details associated with your order have been confirmed and submitted by you we will send you an email confirming that we have received the order. This confirmation email is not a guarantee of stock availability. In the rare instance that we are unable to fulfil your order, we will cancel any unavailable items from your order and do our best to let you know as soon as possible.
We aim to dispatch your order within 5 working days, however, in many cases orders will be shipped on the next working day.
USA & CANADA
Please allow up to 10 working days from the confirmation of your order to delivery of your order.
UNITED KINGDOM: Please allow up to 3 working days from the confirmation of your order to delivery of your order.
EUROPEAN UNION: Please allow up to 5 working days from the confirmation of your order to delivery of your order.
OUTSIDE THE EUROPEAN UNION: Please allow up to 10 working days from the confirmation of your order to delivery of your order.
All payment card holders are subject to validation checks and authorisation by their card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Cad & The Dandy USA Inc. will validate all names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the www.cadandthedandy.com website you consent to such checks being made. We may need to contact you by email, telephone or letter to verify details before we are able to process and dispatch your order or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency, which may keep a record of the information.
We make every effort to describe and display items as accurately as possible, however, colour displays can vary depending on your computer settings, which means that exact colour matches are not possible so the colours of the products you order may differ from what you see on screen. We cannot guarantee that product descriptions, colours or the other content is accurate, error free or complete.
Cad & The Dandy USA Inc. reserves the right to refuse any order.
We do not share any data collected via our website with any 3rd party partners.
Cad & The Dandy USA Inc. reserves the right to refuse any order at any time for any reason, without needing to state the reason for any such refusals. Sales restrictions currently in place include, but are not limited to: restrictions on sales to known high risk territories; to locations where known distribution problems exist; to individuals where insufficient identity verification has been obtained to process a payment.
BESPOKE ORDERS – RETURNS & REFUNDS
As our bespoke goods are custom-made, they can neither be returned nor refunded and the standard 30 day refund policy does not apply unless the goods were faulty when you purchased them. After the 30 day refund period has expired, we may (at our sole discretion) offer you an exchange, repair or refund for the goods. Any custom-made goods rejected as faulty must first be returned to us for inspection, and Cad & The Dandy Ltd retains full discretion to determine whether a product is faulty or not. Faulty orders will be refunded by the original method of payment less the cost of any credit card fees.
Cad & The Dandy USA Inc.
130 W 57th Street
Suite 5A, 5th Floor
NEW YORK, NY 10019
This Site is operated by Cad & The Dandy USA Inc.
Last updated 08.04.21