Terms and Conditions of Sale
EFFECTIVE: May 14, 2026
Welcome to Arlettie New York Corp. and our Terms of Use and Terms of Sale (collectively, the “Agreement”). The Site is owned and operated by Arlettie New York Corp. (“Arlettie,” “we,” “us” or “our”). This Agreement is important and contains terms and conditions that govern your access to and use of the website https://www.arlettie.com/us/en (the “Site”), Arlettie’s membership and private-sale services, showroom event registration and access services, and sales of discounted products made available by Arlettie through the Site or at Arlettie showroom events, as applicable.
Because these terms affect your legal rights, please read them carefully. By accessing or using the Site, creating an account, registering for an event, placing an order, attending a showroom sale, or otherwise using any services, features, content, functionality, or products made available through the Site (collectively, the “Services”), you (“you,” “User” and/or, upon purchase, “Customer”) agree to be bound by this Agreement and all other terms incorporated herein by reference. If you do not agree to this Agreement, do not access or use the Site, register for events, attend Arlettie showroom sales, or make any purchase through the Site or an Arlettie event.
For purposes of this Agreement, the “Products” are those offered for sale online or at Arlettie private sale events, including discounted fashion, jewelry, leather goods, accessories, and other products from participating brands. The essential characteristics and prices of Products are described for each Product where offered for sale, subject to availability and event-specific rules.
The Site may be accessed by users in the United States and internationally. Products and Services may be offered in different ways depending on the sale channel. Arlettie’s New York showroom events are currently conducted in New York, and online sales may be made available more broadly, subject to shipping availability, applicable law, sanctions, export control requirements, and any limitations stated on the Site or at checkout.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do so, we will post the updated Agreement on this page and will indicate the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms” link on the Site. We may also provide notice of material changes through a pop-up notice, e-mail, or other reasonable means. Except to the extent prohibited by applicable law, your continued use of the Site after any such changes become effective constitutes your acceptance of the revised Agreement.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Privacy Policy.
Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you.
2. Eligibility.
2.1
You must be at least 18 years of age to use the Site. If you are below the age of 18, you may not use the Site under any circumstances. If you are between the age of 18 and the age of majority under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.
2.2
You represent and warrant that you are at least 18 years of age, or, if you are at least 18 years of age but below the age of majority in your jurisdiction, that your parent or legal guardian has accepted this Agreement on your behalf. We may, in our sole discretion, refuse to offer the Services to any person or entity and may change our eligibility criteria at any time.
2.3
We continually test new features, functionalities, services, and user interfaces that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.
2.4
You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the jurisdiction in which you reside requires that you must be older than 18 to receive certain Services, then the minimum age is the legally required one. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent the offering, sale, or provision of the Services conflicts with any applicable law, rule or regulation.
3. Services and Products.
3.1
Arlettie operates a membership-based and invitation-based private-sale business through showroom events and online sales. Arlettie offers two tiers of access: (a) paid memberships (“Membership”), which provide early or priority access to private sales, advance event notifications, and other benefits as described on the Site or at the time of enrollment, and (b) free subscriber registration (“Subscription”), which allows individuals to register online or upon arrival at the showroom to access private sales, subject to availability and applicable event rules. The applicable Membership fee, billing frequency, renewal terms (including whether the Membership will automatically renew), and cancellation method will be set and disclosed by Arlettie at the time of enrollment and may vary. Arlettie’s New York showroom hosts private sales featuring discounted fashion, jewelry, leather goods, accessories, and other products from participating brands. The Site may also allow Users to create an account, apply for or manage a Membership or Subscription, register for events, receive event invitations, access private sale information, and purchase Products online.
3.2
Products are offered for personal, non-commercial use only. By purchasing Products, you agree not to resell, redistribute, transfer, broker, export, or otherwise make Products available for any commercial purpose. To the fullest extent permitted by applicable federal, state, and local law, Arlettie may refuse, cancel, hold, or limit any order; restrict quantities; suspend or terminate any account, membership, or subscription; revoke invitations; deny access to any showroom, event, online sale, or other Service; and/or exclude any person from some or all Arlettie locations, events, channels, or Services on a local, regional, or national basis. Grounds for such action may include, without limitation: suspected or actual resale activity; bulk purchasing; use of multiple accounts; use of automated purchasing tools; purchase through unauthorized intermediaries; fraud; providing false, inaccurate, incomplete, or misleading information; abuse of the Services; violation of brand partner requirements; or any other violation of this Agreement. Nothing in this Section limits any non-waivable rights or remedies available to consumers under applicable law.
3.3
Products displayed on the Site or at events are subject to availability and any restrictions stated on the Site, at checkout, in event communications, or at the showroom. We reserve the right to limit quantities, refuse sales, discontinue Products, modify Product availability, or restrict access to events or other Services at any time, including on the basis of suspected resale activity, operational needs, security concerns, or brand-partner requirements, subject to applicable law.
3.4
Nothing on the Site constitutes an offer to sell or ship any Product in any jurisdiction where such offer, sale, or shipment would be unlawful.
4. Registration and Account.
4.1
Users must register for an account in order to access certain Services, including certain private sale features or event registration features. Users are not required to maintain an active account indefinitely, but account registration may be required to access or use particular Services.
4.2
To create an account, you must provide accurate and complete information requested through the registration process available on the Site, including the information requested at https://www.arlettie.com/us/en/signup. Registration information may include identification information, contact information, account credentials, and other information required to provide the Services.
4.3
You agree to complete the registration form in good faith and to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality and security of your login credentials and for all activity that occurs under your account. You may not use another person’s account or registration information without permission.
4.4
We may use e-mail verification codes or other authentication measures to verify your account. You must notify us immediately through https://www.arlettie.com/us/en/contact/new/c of any breach of security or unauthorized use of your account.
4.5
Arlettie reserves the right to refuse, suspend, or terminate any account, membership, or subscription in its sole discretion, subject to applicable law, including where we suspect fraud, resale activity, abuse of event access, violation of this Agreement, or unlawful activity.
4.6
Access to Arlettie events, private sales, invitations, accounts, memberships, subscriptions, waitlists, online sales, and related Services is subject to Arlettie’s eligibility, security, operational, commercial, and brand-partner requirements. Membership is offered at Arlettie’s sole and absolute discretion, and no person has any right or entitlement to obtain or retain a Membership. To the fullest extent permitted by applicable federal, state, and local law, Arlettie may refuse registration, decline membership or subscription enrollment, suspend or terminate an account, membership, or subscription, revoke invitations, cancel event access, exclude a User or Customer from a showroom or online sale, or otherwise restrict access to the Services at any time, with or without prior notice, where Arlettie determines or reasonably suspects that such action is appropriate. Arlettie may apply any such restriction or exclusion to a particular event, channel, showroom, metropolitan area, state, region, or nationwide, as Arlettie reasonably determines appropriate. Grounds for exclusion may include, without limitation: suspected or actual resale activity; use of multiple accounts; providing false, inaccurate, incomplete, or misleading information; failure to present valid identification; inappropriate, threatening, abusive, unsafe, or disruptive conduct; violation of showroom rules; unauthorized photography or video recording; attempted circumvention of security or access controls; payment disputes, chargebacks, fraud, or suspected fraud; breach of this Agreement; violation of brand partner requirements; violation of applicable law; theft or attempted theft; or conduct that Arlettie determines may harm Arlettie, its customers, its employees, its venues, its brand partners, or the integrity of its private sales. Arlettie will exercise these rights in a manner intended to comply with applicable consumer protection, anti-discrimination, public accommodation, automatic renewal, and other non-waivable laws. Arlettie’s right to exclude or restrict access does not limit any other rights or remedies available to Arlettie under this Agreement or applicable law.
5. Use of the Site and Services.
5.1
The Site contains material, including but not limited to software, text, graphics, photographs, images, videos, logos, marks, and other content (collectively referred to as the “Content”). We either own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties including participating brands, service providers, and business partners. The Content is protected by United States and foreign intellectual property laws. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content except as expressly set forth in this Agreement, and you will not use, copy, or display the Content except as permitted herein. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
5.2
The trademarks, service marks, trade names, logos, and brand features of Arlettie used and displayed in connection with the Services (collectively, the “Arlettie Trademarks”) may be protected under applicable law, whether or not registered. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Arlettie Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Arlettie Trademark as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Arlettie Trademark shall inure to our benefit.
5.3
You may not use the Site for any unlawful or prohibited purpose or in any manner that is inconsistent with the limited rights granted herein. In particular, you agree not to:
• (a) take any action that imposes an unreasonable load on the Site’s infrastructure;
• (b) use any device, software, bot, scraper, crawler, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
• (c) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise derive source code from any software comprising or making up the Site, except to the extent such restriction is prohibited by applicable law;
• (d) delete or alter any material we or any other person or entity posts on the Site;
• (e) otherwise take any action in violation of our guidelines and policies;
• (f) use the Site to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Site; or
• (g) modify, erase, or damage any information contained on the computer or device of any user connected to the Site.
5.4
In using the Site, you agree not to:
• (a) disrupt or interfere with the security of, or otherwise abuse the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites or applications;
• (b) disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites or applications;
• (c) upload, post, or otherwise transmit through or on any site any viruses or other harmful, disruptive or destructive files;
• (d) transmit through or on the Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
• (e) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Site.
6. Event and Showroom Rules.
6.1
Arlettie may require Users to register for events and may require presentation of a valid ID upon entry to the showroom. Entry may be refused if a User cannot satisfy applicable access requirements.
6.2
Payment at showroom events may be limited to card and cash only, unless otherwise stated at the event or by Arlettie.
6.3
Cloakroom use is mandatory at showroom events. Strollers and large items are not permitted for security reasons.
6.4
To avoid any misunderstanding during showroom events, Users should refrain from wearing items from the brand featured at the event.
6.5
Items purchased on-site are non-returnable, except in specific cases determined by Arlettie or required by applicable law. Purchases are for personal use only, and resale is strictly prohibited. Theft, suspected theft, altercations, and other misconduct at showroom events may result in immediate removal, exclusion from future events, account or Membership termination, and referral to law enforcement, in addition to any other remedies available to Arlettie under this Agreement or applicable law.
6.6
Photography and video recording are strictly prohibited at showroom events. Any distribution of images or videos may result in exclusion from Arlettie events and may constitute a violation of this Agreement and applicable law.
6.7
Arlettie and the venue reserve the right to refuse entry to anyone displaying inappropriate, threatening, abusive, unsafe, discriminatory, or disruptive behavior, engaging in or suspected of theft, or otherwise violating event rules, security requirements, this Agreement, or applicable law.
7. Third Party Sites.
The Site may contain links to third party websites or other applications, services or other resources on the Internet (“External Site”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the Site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.
8. User Content.
8.1
With respect to photos, videos, comments, suggestions, feedback, submissions, and any other content or materials you provide to or upload through the Site or share with us or other users or recipients (collectively, “User Content”), you represent and warrant that you own or otherwise control all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
8.2
You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right, or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know is false, misleading, untruthful or inaccurate, or that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
8.3
The Site may display or otherwise use content from Users who share photos and videos on TikTok, Instagram, Facebook, or other social media platforms using our brand hashtags, including, without limitation, #Arlettie, #arlettie, #Arlettie-Paris, #arlettie-Paris, #arlettie-paris, #arlettieUSA, #arlettieusa, #arlettie-USA, and #arlettie-usa (collectively, the “Arlettie Hashtags”), or by tagging Arlettie or any Arlettie account (collectively, “Photos”). By using the Arlettie Hashtags or tagging Arlettie after accepting this Agreement, you acknowledge and agree that the Photos may be used by Arlettie, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services, and similar promotional purposes, including after the termination or closure of your Account or the Services. Any opinions, statements, or endorsements expressed by social media users, influencers, brand ambassadors, or other third parties in connection with the Photos or Arlettie Hashtags represent the personal views of those individuals and not the representations or warranties of Arlettie. Arlettie does not verify, endorse, or assume responsibility for any user-generated content featuring its products, and any results or experiences described therein are not guaranteed. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, and other intellectual property rights.
8.4
By uploading any User Content you hereby grant and will grant Arlettie and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, including after the termination of your Account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights necessary to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
8.5
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
8.6
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Arlettie, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
9. IP Infringement.
We respect the intellectual property rights of others and require that the people who use our Site, our Services, and products do the same. If you are a copyright owner and believe that any content posted on the Site infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
• 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 copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices may be submitted through https://www.arlettie.com/us/en/contact/new/c.
10. Term/Termination.
Arlettie may terminate, change, suspend, or discontinue any aspect of the Site or Services, including the availability of any features, memberships, subscriptions, events, Products, or Content, at any time. Arlettie may remove, modify, or otherwise change any Content, including that of third parties, on or from the Site. Arlettie may impose limits on certain features and Services or restrict your access to parts or all of the Site without notice or liability, subject to applicable law. Arlettie reserves the right to terminate your authorization to use the Site or Services and to suspend or delete one or more of your related accounts, memberships, or subscriptions immediately, at any time, if you breach or threaten to breach any of the terms herein, or if Arlettie determines or reasonably suspects fraud, resale activity, abuse of the Services, security concerns, unlawful activity, or other conduct inconsistent with this Agreement or Arlettie’s brand-partner requirements. Arlettie may also deny, revoke, or terminate your access to any event, showroom, online sale, or other Service on a local, regional, or nationwide basis where Arlettie determines or reasonably suspects such action is appropriate. If Arlettie revokes or terminates a paid Membership or subscription for breach of this Agreement, resale activity, fraud, misconduct, or other for-cause grounds, no refund of the Membership or subscription fee will be owed, except to the extent required by applicable law. Arlettie may further terminate the authorization and rights provided herein and your use of the Site at any time in its sole discretion and, upon such termination, you shall immediately destroy all materials that you have downloaded from the Site.
11. Payments; Ordering; and Billing.
11.1
Account creation or registration may be required for certain purchases or event access. You agree to provide accurate and up-to-date payment information at the time you order any Product. Payments may be processed by third-party payment processors. Online payment methods and showroom payment methods may differ and will be made available at checkout, during the event, or as otherwise disclosed by Arlettie.
11.2
Online payment transactions are subject to validation checks by our payment processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. Arlettie reserves the right to cancel any order as a result of a declined payment. Payment processors may use fraud prevention protocols and industry-standard verification systems to reduce fraud, and you authorize them to verify and authenticate your payment information.
11.3
After you place an online order, we may send you an email confirmation acknowledging receipt of your order. Unless otherwise stated at checkout, the confirmation does not constitute our acceptance of your order if pricing, product availability, eligibility, fraud-prevention, or other issues remain subject to verification. A binding contract is formed only when your payment transaction is approved and the order is accepted by Arlettie.
11.4
We strive to provide accurate pricing and Product information, but errors may occur. We reserve the right, in our sole discretion, to refuse, hold for review, not process, or cancel any order, including after an order confirmation has been sent, if a Product description, price, or other material information was incorrect or if we suspect fraud, resale activity, bulk purchasing for resale, unauthorized activity, or violation of this Agreement. If we cancel an order after payment has been collected, we will refund the amount collected.
11.5
Prices, currencies, taxes, shipping charges, customs duties, import taxes, and other fees will be displayed or disclosed at checkout to the extent applicable and required by law. Where information is not available until checkout, the applicable amounts will be calculated and disclosed before final submission of the order.
11.6
If Arlettie offers any paid subscription, paid membership, recurring access plan, automatic renewal, continuous service, or other negative-option paid service, Arlettie will provide the disclosures, consent mechanism, order acknowledgment, renewal notices, cancellation method, and other procedures required by applicable federal, state, and local law. Before purchase, Arlettie will disclose the applicable price, billing frequency, renewal terms, cancellation method, material limitations, and any other material terms to the extent required by applicable law. Arlettie will obtain the consumer’s affirmative consent to the subscription, membership, recurring charge, automatic renewal, continuous service, or other negative-option feature before charging the consumer where required by applicable law. If a consumer is paying for a subscription, paid membership, recurring access plan, automatic renewal, continuous service, or other negative-option paid service, Arlettie will provide a cancellation method that is easy to find, easy to use, timely, and available through the same medium used to enroll or, if that is not practicable, through a substantially similar medium, to the extent required by applicable law. Arlettie will not require a consumer seeking to cancel online to speak with an agent or chatbot, complete unnecessary steps, or navigate an unreasonably burdensome process, except to the extent expressly permitted by applicable law. Arlettie will effectuate cancellation promptly as required by applicable law and will provide post-cancellation confirmation where required by applicable law. If applicable law requires a particular cancellation mechanism, reminder, renewal notice, acknowledgment, retention offer procedure, refund, prorated refund, or post-cancellation confirmation, Arlettie will comply with that requirement to the extent it applies. If a subscription, membership, or access plan is purchased through a reseller, marketplace, platform, app store, payment provider, or other intermediary, cancellation rights and procedures may also be subject to the terms and cancellation tools of that intermediary, provided that nothing in this Agreement is intended to limit any non-waivable cancellation right the consumer may have under applicable law. Nothing in this Section prevents Arlettie from suspending, restricting, or terminating access to any subscription, membership, account, event, private sale, or other Service where a reseller, intermediary, platform, payment provider, or other third party fails to fulfill its obligations to Arlettie, fails to remit payment, violates Arlettie’s requirements, engages in unauthorized resale, or otherwise causes the applicable access to become unauthorized, invalid, or non-compliant. Arlettie may also suspend or terminate any subscription, membership, or access for fraud, misuse, violation of this Agreement, resale activity, nonpayment, chargebacks, security reasons, or other lawful grounds, subject to any notice, refund, cancellation, or other consumer rights required by applicable law. Except to the extent required by applicable law, no refund or prorated refund of any membership or subscription fee will be owed where Arlettie terminates or revokes access for cause, including for resale activity, fraud, theft, misconduct at events, or breach of this Agreement.
12. Shipping and Delivery.
12.1
Arlettie may offer delivery of physical Products for online purchases, subject to availability, geographic restrictions, and any exclusions stated on the Site or at checkout. Arlettie’s showroom sales in New York are conducted in-person, and shipping may not be available for on-site purchases unless expressly stated by Arlettie.
12.2
Delivery dates are estimates only and are provided as accurately as reasonably possible, but are subject to change based on Product availability, carrier operations, weather, customs processing, and other factors beyond our reasonable control. Except as required by applicable law, delays in delivery do not entitle you to damages or other compensation.
12.3
We reserve the right not to ship Products to any address, jurisdiction, or person if such shipment would be prohibited by applicable law or sanctions, export control, or trade compliance requirements.
12.4
Risk of loss and ownership of Products will pass in accordance with applicable law and the shipping terms disclosed at checkout or otherwise applicable to the transaction, provided full payment of all sums due in respect of the Products, including any delivery charges, has been received.
12.5
For delivery issues, Customers should contact Arlettie through https://www.arlettie.com/us/en/contact/new/c.
13. Returns and Exchanges.
13.1
Items purchased on-site at Arlettie showroom events are non-returnable and non-exchangeable, except in specific cases determined by Arlettie or where required by applicable law. Such items are sold for personal use only and may not be purchased for resale.
13.2
Online returns are accepted within fifteen (15) calendar days of receiving the Product, unless the Product is designated as final sale, non-returnable, or otherwise excluded from return, or unless a different rule is required by applicable law. Exchanges are not available unless expressly offered by Arlettie.
13.3
Returned Products must be returned in new, unused condition and in their original packaging and/or, if damaged during delivery, in the condition received. By requesting return of a Product, you certify that the Product was purchased from Arlettie and that there has been no substitution of the Product from another supplier, distributor, or other source.
13.4
To request a return or raise a cancellation, refund, or return issue, Customers must contact Arlettie through https://www.arlettie.com/us/en/contact/new/c. Arlettie does not provide a separate customer service email or phone number for these requests.
13.5
Unless otherwise required by applicable law, refunds will be issued to the original form of payment. We reserve the right, in our sole discretion and subject to applicable law, to refuse returns, deny refunds, limit future purchases, exclude access to events or Services, or suspend or terminate the account, membership, or subscription of any Customer who we reasonably determine has abused our returns policy, committed return fraud, engaged in resale activity or purchasing on behalf of resellers, or initiated unwarranted chargebacks or payment disputes.
14. Limitation of Liability and Disclaimer of Warranties.
14.1
THE SITE, SERVICES, CONTENT, EVENTS, AND PRODUCTS ARE PROVIDED AS A CONVENIENCE TO YOU, ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING OR REQUIRED BY APPLICABLE LAW. ARLETTIE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ARLETTIE PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR AVAILABILITY.
14.2
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ARLETTIE PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES, CONTENT, EVENTS, AND PRODUCTS, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ARLETTIE MAKES NO WARRANTY THAT ANY PRODUCT IS FIT FOR ANY PARTICULAR PURPOSE OR THAT ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
14.3
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE ARLETTIE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, ANY CONTENT, ANY EVENT, OR ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.4
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY ARLETTIE PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ARLETTIE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE ARLETTIE PARTIES FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ARLETTIE IN CONNECTION WITH THE TRANSACTION OR USE OF THE SITE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) $100.00.
14.5
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
14.6
Except as otherwise provided under applicable laws and regulations regarding the security of personal data, Arlettie disclaims any warranty or representation that confidentiality of information transmitted through the Site will be maintained.
14.7
No advice or information, whether oral or written, obtained by you from Arlettie or third parties through the Site shall create any warranty. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE ARLETTIE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER APPLICABLE LAW.
15. Indemnification.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Arlettie Parties from and against any third-party claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your breach of this Agreement, your User Content or Submissions, your unlawful access to, use or misuse of the Content or the Services, your violation of event rules, your resale or attempted resale of Products, any claim by a brand partner arising from your unauthorized distribution or resale of Products, or your violation of applicable law. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by submitting notice through https://www.arlettie.com/us/en/contact/new/c. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification under this section, and in such case, you agree to cooperate with our reasonable requests in connection with our defense of such matter.
16. ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
PLEASE READ THIS DISPUTE RESOLUTION 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. THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
16.1
If Arlettie cannot resolve any dispute with you regarding the Site, any transaction conducted on the Site or at an Arlettie event, any event access issue, or this Agreement, both you and Arlettie agree that any such dispute will be resolved through binding individual arbitration, except where prohibited by applicable law. Both you and Arlettie understand and agree to waive the right to sue in court and to have a trial by jury, except that either you or Arlettie may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, so long as it is brought and maintained as an individual claim. In addition, nothing in this Section limits either party from seeking injunctive or equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, violation of intellectual property or other proprietary rights. The term “dispute” means any dispute, action, claim, or other controversy between you and Arlettie, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, and “dispute” will be given the broadest possible meaning allowable under law.
16.2
Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party thirty (30) days in which to respond. Notices to Arlettie should be submitted through https://www.arlettie.com/us/en/contact/new/c. Both you and Arlettie agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
16.3
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement. To file an arbitration demand and review the AAA Rules, you may visit www.adr.org or call the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, you and Arlettie will mutually agree upon another arbitration provider, or, if you cannot agree, a court of competent jurisdiction shall appoint one. The arbitration will be conducted by telephone, videoconference, or in person in the state of your residence within the United States, as mutually agreed upon by you and Arlettie, unless applicable law requires otherwise. If you live outside the United States, any arbitration will take place in New York, New York, unless applicable law provides otherwise. Payment of arbitration fees will be governed by the AAA Rules and applicable law, except that Arlettie will pay fees to the extent required to prevent this arbitration provision from being deemed unenforceable.
16.4
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court; however, any relief must be individualized to you and shall not affect any other customer. You and Arlettie also agree to waive the right to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind, to the fullest extent permitted by applicable law. If a court decides that the limitations of this paragraph are invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
17. User Must Comply with Applicable Laws.
You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations. You may not use the Services or purchase Products in violation of sanctions, export control laws, trade compliance laws, consumer protection laws, or other applicable laws.
18. Transfer and Processing of Personal Data.
In order for us to provide the Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. Please consult our Privacy Policy for more information regarding your personal data.
19. Miscellaneous.
19.1
This Agreement is governed by the internal substantive laws of the State of New York, without regard to its conflict of laws principles, except to the extent preempted or overridden by applicable consumer protection law.
19.2
Any dispute between you and Arlettie that is not subject to arbitration or cannot be heard in small claims courts will be resolved in the state or federal courts located in New York County, New York, and you and Arlettie consent to the personal jurisdiction of those courts for such purposes.
19.3
If any provision of this Agreement is found to be invalid or unenforceable by any court or arbitrator having competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
19.4
Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
19.5
We shall not be liable for any failure or delay in performing our obligations hereunder where such failure or delay results from any cause beyond our reasonable control, including, without limitation, acts of God, pandemics, epidemics, public health emergencies, fire, flood, earthquake or other natural disasters, war, terrorism, civil unrest, government actions, changes in law or regulation, sanctions, tariffs or trade restrictions, supply chain disruptions, labor disputes or shortages, or mechanical, electronic, or communications failure or degradation.
19.6
No term herein may be amended, supplemented, changed, or modified except as expressly provided in this Agreement or by a writing signed by the party to be bound.
19.7
Ambiguities, if any, shall not be construed against any party by reason of authorship.
19.8
Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter hereof and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to such subject matter.
19.9
The section headings are provided merely for convenience and shall not be given any legal import.
19.10
This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
19.11
The Services may be made available to Users in multiple U.S. states. Nothing in this Agreement is intended to exclude, restrict, waive, or limit any non-waivable right, remedy, disclosure, notice, cancellation right, refund right, warranty right, public accommodation protection, anti-discrimination protection, automatic renewal protection, or other consumer protection required by applicable federal, state, or local law. If any provision of this Agreement is found to conflict with a non-waivable requirement of applicable law, that provision will be interpreted and applied only to the maximum extent permitted by law, and the remaining provisions will remain in effect.
19.12
By using the Site, placing an order, registering for an event, attending an event, or creating an Account, you consent to receive electronic communications from Arlettie (including via email), and you agree that all agreements, notices, disclosures, order confirmations, event confirmations, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law, including the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act). Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next-day delivery by recognized overnight delivery service. Notices to Arlettie that this Agreement permits or requires you to submit electronically should be submitted through the contact form made available on the Site, unless Arlettie designates another method on the Site.
20. Contact.
Customer service, privacy, delivery, return, cancellation, refund, and other requests must be submitted through the Arlettie contact form available at https://www.arlettie.com/us/en/contact/new/c. Arlettie does not provide a separate customer service email address, phone number, or mailing address for these requests unless otherwise stated on the Site.
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