With regards to the sale, purchase, delivery of products of which the Agreement is not completed through the Site, we are entitled to apply additional or other terms and conditions.
Any inquiries concerning these Terms should be directed to Us at the address below.
ATELIERNOVO.INC – 25 West 39th Street, 14th floor, New York, 10018, NY
2. Consent to Processing; International Use
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
3. Operation of the Site and the Role of ateliernovo
The Site provides an online store to offer to sell qualified goods (“Items”) to Buyers. The sale is directly between the Buyer and ateliernovo.
By using the Site, Buyers select and purchase goods marketed by ateliernovo, solely of their own initiative, place orders via the Site.
We have sole control over the look, feel, content, operations and evolution of the Site, and may modify the Site and any content in our sole discretion.
4. Relationship of the Parties
ateliernovo is responsible for accurately describing the Items it is offering to sell and for delivering the Items to the Buyer in accordance with the arrangements made between Buyer and ateliernovo, including transfer of title and payment of sales tax or VAT or import/export duty to the appropriate authority.
You are responsible for determining the value, condition and authenticity of the Items being purchased, to pay the purchase price to ateliernovo that usually includes any sales tax, VAT or import/export duties, and shipping charges for the Items purchased unless otherwise stated on the Site or upon purchase. You carry full responsibility for providing us with the correct details in order to enter into the Agreement including, but not limited to, correct identity, payment information, and delivery address.
5. Eligibility to Use the Site
You must be 18 years of age or older to use this Site. This Site is not directed at children under the age of 13 and does not knowingly collect information from such children. The Site is designed for persons with experience with, and who are accustomed to, buying Items based on photographs and the Buyer represents having such experience.
6. Site Use Termination
ateliernovo expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site by any person or entity, at the sole discretion of ateliernovo, for any reason or no reason at all, and without prior notice.
7. Registration and Account Access
Registration may be required in order to use the Site or certain sections or functions.
Registrants are required to provide certain information and to select a password to be used to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone. Registrants may voluntarily provide additional information in the registration process to personalize their accounts. Registrants may access their accounts to view their profile information as well as transaction information by clicking the icon on the home page of the Site after logging in.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account and password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. Use of the Services is void where prohibited by law.
You may cancel your registration and account at any time. For your security, requests to terminate accounts MUST originate from the registered email account at ateliernovo addressed to [email protected]. Under no circumstances will a cancellation request received via the phone or otherwise be accepted.
8. Item description, pricing and availability; Site unavailability
ateliernovo is responsible for ensuring accuracy in describing and pricing the Items on the Site.
However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Site. ateliernovo has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price or description.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events.
Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will ateliernovo be held liable for any damages incurred due to such interruptions or lack of availability.
Product Availability. All offers of products as they are displayed via the Services are subject to availability. Because most of the Items displayed on the Site are unique and are offered by artisans that may have retail opportunities for the sale of the Item independent from ateliernovo, all Items displayed on the Site are offered for sale strictly subject to availability. ateliernovo reserves the right to change the items offered via the Services at any time and without notice. The Services may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly. If a product is not available for shipping promptly after you place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. ateliernovo shall not be liable if products are not in stock or otherwise not available.
Listed Price. The pricing for all products available via the Services are in United States dollars. We strive to ensure all pricing information is correct. If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product.
For buyers with delivery address in the USA – The price published on the Site for the products offered to Buyers residing in the USA are in US dollars, include cost of handling and dispatch, applicable taxes and duties, unless otherwise indicated on the Site or notified by ateliernovo.
9. The Sale Process
Order Processing. Orders may only be placed using the Services for personal use or for resale if Buyer is registered under our trade program. ateliernovo reserves the right, in its sole discretion, to not process or to cancel your order or to limit quantities. When a Buyer identifies an Item for purchase, the Buyer must purchase the Item directly through the Site’s checkout page. At that time the Buyer shall submit valid payment information to ateliernovo for payment of the Total Purchase Price. For delivery in the USA, The “Total Purchase Price” is the price agreed to on the Site between Buyer and ateliernovo and includes (i) the agreed price of the Item (the “Purchase Price”); (ii), shipping fees; and (iii) sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that ateliernovo is required to collect from under applicable law at the time of sale. For delivery outside the USA, the “Total Purchase Price” is the price agreed to on the Site between Buyer and ateliernovo and includes (i) the agreed price of the Item (the “Purchase Price”) and does not include any shipping fees; sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies are not included. By making a purchase, the Buyer irrevocably agrees to pay the Total Purchase Price and ateliernovo agrees to sell the Item for the Total Purchase Price once a Sale Confirmation is issued to the Buyer.
Sales Confirmation. The sale is confirmed between the Buyer and ateliernovo when a confirmation (“Sale Confirmation”) is sent to the Buyer’s email account. Notwithstanding anything to the contrary contained herein, in the event(s) of an error by ateliernovo as to availability of the Item or any other error on ateliernovo’ part with respect to a Sale Confirmation or the operation of the Site, ateliernovo reserves the right in their sole and absolute discretion to rescind that Sale Confirmation without penalty to any party.
10. Payment for Products Purchased
Immediately upon the order, the Buyer will be charged to the credit card account of the Buyer of an amount equal to 100% of the Total Purchase Price.
The Buyer hereby irrevocably authorizes ateliernovo upon Sale Confirmation to charge the Buyer’s credit card or other payment methods for an amount equal to 100% of the Total Purchase Price.
If for any reason after receipt of the Sale Confirmation, the Buyer cancels a payment made by credit card or any other means or the Buyer otherwise fails to make any payment(s) with respect to the Total Purchase Price, Buyer shall remain liable to ateliernovo for the full Total Purchase Price and any costs related to the sale of the Item including but not limited to taxes, storage and handling fees if applicable and any costs incurred by ateliernovo associated with collecting any amount due including but not limited to legal fees and costs related to currency fluctuations.
Without limitation to the preceding sentence and in addition to any other remedies at law or equity, in the event of the Buyer default, ateliernovo reserves the right to cancel the sale of the Item without any further obligation to the Buyer. The Buyer acknowledges and agrees that damages to ateliernovo in the event of Buyer Default will be difficult or impossible to prove and that the paid amount is reasonable compensation to ateliernovo for damages suffered and constitutes liquidated damages and not a penalty.
11. Right of Cancellation
Where the EU Consumer Rights Directive (2011/83/EU) as implemented into national law in the various EU jurisdictions applies to a Buyer, unless one of the exceptions below applies, such a Buyer has the right to cancel its order without giving reason within 14 days from the day on which that Buyer or a third party indicated by the Buyer receives an Item. The Buyer must inform ateliernovo of its decision to cancel the order in writing within this period. ateliernovo must reimburse all payments received from this Buyer for the Items purchased and the Buyer will incur no fee as a result of such reimbursement. However, reimbursement will be withheld until ateliernovo has received the Items back from the Buyer in their original condition. The Buyer must send back the Items following the instructions of ateliernovo. The Buyer will bear the cost of returning the Items to ateliernovo. The Buyer may lose this right if the value of the Items returned diminishes due to the handling of the Items. The right of cancellation does not apply to: (a) the supply of Items made to the Buyer’s specifications; (b) the supply of Items which may deteriorate or expire rapidly; (c) the delivery of Items which are not suitable for return due to health protection or hygienic reasons if unsealed by the Buyer after delivery, or which are, after delivery, mixed with other items.
12. Sales are “As-Is”
All Items displayed on the Site are sold “AS IS”. ateliernovo does not make any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed to constitute any such guarantee, warranty or representation. ateliernovo makes no representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item.
13. Taxes and Import/Export Duties
ateliernovo is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each Item purchased (collectively, “Taxes”) for purchases delivered in the USA .
14. Transfer of Title/Risk of Loss
Each Item sold on the Site represents that ateliernovo will convey clear title of each Item to the Buyer upon receipt by ateliernovo of their Total Purchase Price for the Item. In the general case of ateliernovo arranging shipping, risk of loss and title for such Items pass to Buyer upon Buyer’s receipt of the Item.
In the case of Buyer-arranged shipping, risk of loss and title for such Items pass to Buyer upon ateliernovo ’s delivery of the Item to the carrier selected by the Buyer for shipment or when the Buyer picks up the Item from ateliernovo.
ateliernovo represents that ateliernovo is duly authorized by the owner of the Item to sell the Item and that ateliernovo will transfer ownership of the Item to the Buyer free from any claims by third parties.
For ateliernovo-arranged shipping, ateliernovo will arrange for packaging, shipping and freight insurance. ateliernovo will pay all costs of shipment from ateliernovo to Buyer’s designated receiving address, the cost of any duties or other charges to be paid, the cost of freight insurance, as well as any costs or fees when the delivery address is in the USA.
In the case of Buyer-arranged shipping. the Buyer is in every instance free to arrange Buyer’s own shipping and may elect to use any shipping company of their choice. The crating/shipping/insurance companies designated by the Buyer are the Buyer’s agents and the Buyer will bear all applicable costs and pay such costs directly to the agents.
16. Buyer Business Practices and Obligations
We expect and require Buyers to comply with the following business practices:
(i) Buyers shall treat ateliernovo with respect and without discrimination;
(ii) Buyers shall provide accurate account information and keep contact information up to date; and
(iii) Buyers shall make payment immediately, via major credit card with sufficient available balance or other means to pay the Total Purchase Price when it becomes due.
17. Refusal of Transaction
ateliernovo reserves the right to withdraw any Item from the Site or to amend any content on the Site at any time in its sole discretion. ateliernovo may refuse service to anyone at any time in its sole discretion. ateliernovo will not be liable to any Buyer or any other third party because it has withdrawn any Item from the Site, amended any of the content or denied access to the Site.
18. Copyright Infringement. Notice and Take Down Procedures.
ateliernovo respects the intellectual property of others, and we ask our users to do the same. ateliernovo may, at its discretion, disable and/or terminate the accounts of users of the Services who may be infringing the intellectual property of a third party.
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you become aware that material appears on this site in violation of a copyright please notify us by email at [email protected].
19. Modification to Site; Monitoring
We reserve the right, for any reason, in our sole discretion and without notice to You, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, 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.
Site Monitoring. ateliernovo reserves the right, but accepts no obligation, to monitor any activity and content on the Site. ateliernovo may investigate any reported violations of applicable law, rule or regulation applicable to Buyers or transactions on the Site and take any action that it deems appropriate, including but not limited to issuing warnings, suspending or terminating service, denying access or removing any content from the Site. ateliernovo may also investigate the use of a credit card by a Buyer and take such action as ateliernovo deems appropriate, including but not limited to canceling any offer placed by such Buyer.
20. Prohibited Site Use; Security Rules and User Submitted Content
Prohibited Conduct. The Site may be used only for lawful purposes by individuals using authorized services of ateliernovo. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. ateliernovo specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
(i) Posting any information or using a payment mechanism which is incomplete, false, inaccurate or not your own;
(ii) Impersonating another person;
(iii) Constituting or encouraging 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 which fails to comply with accepted Internet protocol;
(iv) 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;
(v) Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
(vi) Posting material that infringes on any other intellectual property, privacy or publicity right of another;
(vii) Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; or
(viii) Attempting to interfere in any way with the Site’s or ateliernovo’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Security Rules. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the 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:
(i) Accessing data not intended for you or logging into a server or account which you are not authorized to access;
(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
(iv) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
User Submitted Content. You are responsible for any User Content you post to the site. By “User Content” we mean any content you post to the site, which may include reviews, comments, image uploading, captions, participating in forums, and other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion. You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site.
If we allow you to upload User Content, you may not:
(i) provide User Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
(ii) forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
(iii) provide any User Content that contains lies, falsehoods or misrepresentations that could damage Us or anyone else;
(iv) provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(v) impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
(vi) use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your User Content; or
(vii) provide User Content which disparage us or our vendors, partners, Dealers, representatives and affiliates.
Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
21. Proprietary Rights
As between you and ateliernovo, (or other company whose marks appear on the Site), ateliernovo (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such 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 Content or screens for any purpose except as otherwise provided by ateliernovo. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of ateliernovo, Inc. or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
Images created or produced or modified by ateliernovo. All images created or produced or modified by ateliernovo are the sole property of ateliernovo. ateliernovo may use any such image to promote the Site or for any other purpose at any time without restriction.
22. Links to Third Party Sites
You may be able to access third party websites (“Linked Sites”) via links on the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
All Site Users agree to defend, indemnify and hold ateliernovo, its directors, officers, employees, agents, vendors, partners, contractors, representatives 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 their use of the Site, their purchase or sale of Items, the nature or quality of items, their disputes in connection with use of the Site, their violation of any law, their violation of these Terms or their posting or transmission of any User Content or materials on or through the Site, including, but not limited to, any third party claim that any information or materials such Site user provides infringes any third party proprietary right. All Site Users agree to cooperate as fully as reasonably required in the defense of any claim. This indemnification obligation will survive the termination of these Terms and your use of the Site.
24. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ATELIERNOVO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY ITEMS OFFERED FOR SALE OR SOLD ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION:
(a) any representation or warranty that the Site meets the Buyer’s requirements, will always be accessible, uninterrupted, timely, secure or operate without error or that defects will be corrected;
(b) any representation or warranty with respect to title to or delivery of any Item;
(c) any representation or warranty with respect to intellectual property rights in any Item;
(d) any representation or warranty that any Item conforms to its description or the colors, texture and detail shown on the Buyer’s computer monitor;
(e) any representation or warranty regarding the character, reputation or business practices of the creator;
(f) any representation or warranty concerning the availability, accuracy, completeness, usefulness, or content of information; or
(g) any representation or warranty of title, non-infringement, merchantability or fitness for a particular purpose.
No advice, results or information, or materials whether oral or written, obtained by you through the Site shall create any warranty by ateliernovo 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.
You expressly agree to release ateliernovo, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns (the “Released Parties”), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys’ fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a dispute. You agree that no joint venture, partnership, employment, or other agency relationship exists between you and ateliernovo as a result of these Terms or your use of the Site.
26. Limitation of Liability
IN NO EVENT SHALL ATELIERNOVO, INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF ATELIERNOVO OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ATELIERNOVO TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ATELIERNOVO, INC. OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF ATELIERNOVO.
27. Arbitration; Waiver of Jury Trial and Class Action; Applicable Law/Jurisdiction
(A) Binding Arbitration. Any dispute, controversy or claim arising out of or relating to these Terms, or its breach, which cannot be resolved between the parties through negotiation within thirty (30) days, shall be submitted to the American Arbitration Association (“AAA”) for mandatory binding arbitration in front of a single arbitrator chosen in accordance with the AAA Rules. Discovery shall be permitted, but only to the extent that the documents are directly relevant to and needed for fair resolution of one or more of the issues of importance and can be located and produced at a cost that is reasonable in the context of all surrounding facts and circumstances. When the cost and burden of discovery are disproportionate to the likely importance of the requested materials, the arbitrator may deny the requests or require that the requesting party advance the reasonable cost of production to the other side.
(B) Additional Provisions. The arbitrator may not award non-monetary or equitable relief of any sort, nor award damages inconsistent with these Terms. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to enforce the results of the arbitration or to comply with legal or regulatory requirements. The arbitrator shall render its award in writing and will include the findings of fact and conclusion of law upon which the award is based. The result of the arbitration shall bind the parties and judgment on the arbitrators’ award may be entered in any court having jurisdiction. In addition to any and all other relief to which a Party may be entitled, the arbitrator shall award reasonable attorneys’ fees and costs, including reasonable expert witness fees and costs, to the prevailing Party (should there be one) in any such arbitration.
(C) Waiver of Jury Trial; Individual Basis; Equitable Relief. The parties surrender and waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The parties agree to arbitration on an individual basis. Where enforceable, NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER DEALERS OR PERSONS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS/DEALERS. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
Notwithstanding the foregoing, nothing in these Terms shall prohibit either party from seeking and obtaining from a court of competent jurisdiction (without necessity of posting bond) injunctive relief in order to preserve the status quo and/or avoid irreparable harm for which monetary damage would be insufficient.
(D) Where Held; Language; Governing Law. The place of arbitration shall be the borough of Manhattan, City of New York, NY, USA, and the proceedings shall be conducted in the English language. These Terms shall be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws and the arbitrator shall follow the law and judicial precedents that a United States District Judge sitting in the Southern District of New York would apply to the dispute.
Any notices shall be given by postal mail addressed to ATELIERNOVO, INC., 25 West 39th Street, 14th floor, New-York, 10018, NY to the attention of Legal Department or to the Buyer e-mail address provided to ateliernovo and currently on record. Notice to the Buyer shall be deemed to have been given 24 hours after the e-mail was sent, unless ateliernovo is notified that the e-mail address is invalid, in which event ateliernovo may give notice by postal mail at the address provided to ateliernovo by the Buyer upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.
29. General Information
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms and will not affect the validity and enforceability of the rest of the Terms. Failure of ateliernovo to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to ateliernovo under these Terms or at law. These Terms represent the entire agreement between you and ateliernovo and supersede and replace any other agreement between the parties including but not limited to any previous Terms as they may have applied between you and ateliernovo. Paragraph headings are for convenience only and not for interpretation of these Terms.
30. Contact Us
To contact us with any questions or concerns in connection with these Terms or the Site, please email us at [email protected].
Last Updated: September 2018