Terms and Conditions
1. Using the Site. Subject to the Terms, Margaux hereby grants you a personal, limited, revocable, nontransferable and non-exclusive license to access and use the Site for the purpose of shopping for personal items sold on the Site, and not for any commercial use. Any breach of this agreement shall result in the immediate revocation of the license granted herein.
2. Creating an Account. You don’t need to create an account on the Site in order to access and view the Site’s content, but you do need to create an account in order to purchase Margaux’s products. If you decide to create an account, you agree that you:
will not create an account for anyone but yourself (or someone who has explicitly asked you to create an account);
will not provide any false personal information;
will not share your password with other people, or allow other people to access the Site through your account; and
will not engage in conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you, whether or not such use is authorized by you.
3. Transactions. Margaux reserves the right to refuse, limit or cancel any order you place on the Site. You may not purchase products for commercial sale, and Margaux reserves the right to cancel or limit orders that it determines, in its sole and exclusive discretion, are in violation of this policy.
4. Product Colors and Pricing. Margaux makes every effort to accurately display the color of its products on the Site. However, displayed colors may depend upon the quality of a user’s monitor, and Margaux cannot guarantee that a user’s monitor will accurately display the color of the products. Margaux is not responsible for typographical errors regarding price, and prices are subject to change at any time.
5. Links. The Site may contain links to third-party websites not controlled or operated by Margaux or its affiliates. These links are provided solely as a convenience to you and do not constitute an endorsement of the products or services provided on or through such third-party websites, nor are they to be considered a representation or warranty with respect to the accuracy or validity of any information provided on or through such third-party websites. Margaux is not responsible for the content of third-party websites linked to or from the Site, nor for links to the Site provided by or through third-party websites.
6. Intellectual Property. All content on the Site, including text, graphics, images, website layout, software and related material, is owned by Margaux, except where otherwise noted. You may not copy, reproduce, republish, license, distribute, display, perform or transmit any of this content in any form or by any means, including but not limited to electronic, mechanical, photocopying or recording, or through the use of framing or mirroring, without the prior written permission of Margaux. The terms MARGAUX and MARGAUX NEW YORK are trademarks of Margaux.
7. Disclaimers. MARGAUX DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE SITE. FOR THE AVOIDANCE OF DOUBT, THE SITE, THE WORKS AND THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED BY MARGAUX “AS IS, WHERE IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR BY OPERATION OF LAW, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTED RESULTS OR NONINFRINGEMENT.
IN NO EVENT WILL MARGAUX, ITS AFFILIATES, LICENSORS OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR USE OR INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY THIRD-PARTY WEBSITES LINKED FROM OR TO THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MARGAUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR OTHER JURISDICTIONS BAR THE EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE LIMITATIONS AND EXCLUSIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU.
8. Indemnification. You agree to defend, indemnify and hold harmless Margaux and its directors, officers, employees, agents and affiliates from and against any and all claims, damages, judgments, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty or other provision of the Terms.
9. Ability to Agree to Terms. By using the site, you affirm that you are at least 18 years of age, have your parent’s or legal guardian’s permission to use the Site, or are an emancipated minor. The Site is not intended for users under the age of 13. If you are under the age of 13, please do not use the Site.
The Terms are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You may not assign this Agreement without Margaux’s prior written consent.
Margaux reserves the right to change, modify or remove content or services from the Site without notice, for any reason. Such modifications shall be effective immediately upon posting of these modified policies, terms and conditions on the Site. By continuing to use the Site, you consent to any modifications.
If any portion of the Terms is found to be unenforceable, the remainder of these Terms will not be affected, and will remain in full force.
This Site is intended for use only in the United States. Margaux does not represent that the content of this Site is appropriate or available for use in other locations. Margaux’s failure to enforce a particular provision of the Terms will not constitute a waiver of that term.
The Terms are governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to any conflicts of law provisions.