consumer
terms and conditions

general

The following are the terms of use that govern consumers' use of the www.adenandanais.com Website (the “Site”). Retailers are subject to different terms o use. You represent that you are: (i) at least 18 years of age; and (ii) of legal age to enter into a binding contract as determined by the laws of the State in which you reside. Your use of the Site constitutes your agreement to these terms.

Aden & Anais, Inc. (“aden + anais”), reserves the right to revise these terms and conditions. We will post any changes here as they are made. Because your use of the Site following any changes constitutes your agreement to be bound by any changes, you may wish to check this section periodically.

site content

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by aden + anais. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned or licensed by aden + anais. All other aden + anais trademarks appearing on this Site are trademarks of aden + anais or its licensors.

The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

product information

aden + anais products displayed on the Site are available in select stores in the United States and select markets outside the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in all stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States for purchases made through the Site.

product descriptions

aden + anais strives to provide accurate descriptions of Products displayed on the Site. aden + anais does not, however, warrant that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, your sole remedy is to return the item for a refund of the purchase price plus tax and related delivery costs.

colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your computer and monitor, we cannot guarantee that your computer and monitor’s display of any color will be accurate.

product protection

No rights in any design aspect of, or incorporated in, any Products shall pass to you except as an integral part of the Products themselves. You agree that you will not copy or reproduce, or cause to be copied or reproduced, directly or indirectly, any Products (including fabrics and materials used in connection with the Products); construction or fabrication of the Products; packaging for the Products; or print designs incorporated in the Products.

The restrictions set forth in this provision shall apply whether or not such Products, packaging and/or print designs are protected or protectable under copyright, patent or trademark law.

In the case of Products, or portions thereof, that are not protected by law (e.g., copyright, patent or trademark), such restrictions shall apply until three years following your last use of the Site.

This Product Protection provision shall survive termination of this Agreement.

comments and submissions

Your offering or submitting to aden + anais comments, feedback, suggestions, ideas, and other material (collectively, “Comments”), shall constitute your assignment to aden + anais of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. aden + anais is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments.

You agree that Comments offered or submitted by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments offered or submitted by you will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

privacy policy

You agree that aden + anais may use and/or disclose information consistent with our Privacy Policy.

indemnification

You agree to defend, indemnify and hold aden + anais harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

links to other web sites

To the extent that this Site contains links to services and resources not within aden + anais’s control (“Third-Party Sources”), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that aden + anais shall not be liable to you for your use of any Third-Party Sources.

disclaimer

IN NO EVENT SHALL ADEN + ANAIS OR ANY OF ITS AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ADEN + ANAIS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

inaccuracy disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

miscellaneous

Unless otherwise specified and except to the extent aden + anais products are offered for sale in the United States through this Site, this Site and its Contents are displayed solely for the purpose of promoting aden + anais’s products available in the United States and select markets outside the United States. This Site is controlled and operated by aden + anais from its offices in Brooklyn, New York.

choice of law, venue and dispute resolution

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement, including disputes relating to Products purchased through the Site, shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York, county of New York, solely between you and aden + anais, and not on any representative or class basis. Further, unless you and aden + anais agree otherwise, the court shall not consolidate your claim with any other person’s claim, and shall not otherwise order or permit any form of a representative or class proceeding. This provision shall survive termination of this Agreement.

third-party trademarks

Third-party trademarks, trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

notices for reporting and making claims of copyright infringement and other concerns

aden + anais will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website:
Jeremy Richardson
Phillips Nizer, LLP
666 Fifth Avenue 
28th Floor
New York, New York 10103
VIA FACSIMILE: (212) 262-5152
VIA EMAIL: jrichardson@phillipsnizer.com

with a copy to
DMCA@adenandanais.com

Please send any concerns regarding our products or services to customerservice@adenandanais.com

termination

This Agreement is effective unless and until terminated by either you or aden + anais. You may terminate this Agreement at any time after which time you agree that you shall not access the Site. aden + anais may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.

entire agreement

These Terms constitute the entire agreement of between you and aden + anais regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms.

severability

If any provision of these Terms are declared to be unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such unenforceable provision(s) shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

Last Updated: June 2015

privacy statement

aden + anais respects your privacy and takes reasonable measures to protect your personal information. This privacy statement is intended to make you aware of the information we collect from you and how we use that information. Changes to this statement and our practices will be provided here. We encourage you to check here periodically to make sure you are aware our most current practices.

This website is intended for individuals at the age of 18 and over. If you are under 18 years old, please do not use this website. Instead, ask your parent or guardian to shop here for you.

This website is intended for use in the United States of America and the Federal and State laws of the United States apply. By using and shopping on this website you acknowledge and agree that the personal data protection laws of other jurisdictions do not apply. If you are a citizen of another country you agree to the use of your personal data as outlined in this statement. Please note that aden + anais has global websites for different territories. If you are located outside of the United States, we encourage you to shop at one of our global stores.

what we collect

Directly From You

aden + anais collects information that you actively give us via this website, telephone, email and when you sign up for our newsletter.

When you place an order via www.adenandanais.com, the information you give us includes your name, shipping and billing addresses, telephone number, email and the merchandise you order. aden + anais does not receive or obtain your credit card information. When you enter your credit card details, you are directed to our credit card processing company; Charge Logic. Charge Logic collects and processes your credit card payment on behalf of aden + anais. You can visit their website for details on Chare Logic’s security measures.

If you sign up for our newsletter, you will provide us your email address and possibly the city and state where you are located.

Indirectly From You

aden + anais uses cookies for website functionality and analytics information. We may collect other information about customers of aden + anais products from merchants who carry our products.

Cookies

Cookies are small text files placed and stored on your browser when you visit a website. Cookies help to keep your settings, log in information and other customizations when you return to certain websites. They also help with overall website functionality. aden + anais uses cookies to help this website functional well, for customer service purposes and to learn about visitors to this website. Cookies will let aden + anais know what website you came from, what sections of this website you visit when you are here and other analytical information.

During certain marketing campaigns, aden + anais may work with third parties to place anonymous cookies on your browser. This type of cookie works in conjunction with pixels, small pieces of code on our website. The pixel related cookies communicate with specified websites when a visitor using the same browser goes to the other website. In this type of marketing campaign aden + anais visitors may see advertisements or reminders about our products and services after leaving our website.

aden + anais uses Google Analytics for reports on visitor website use. The Google Analytics service uses cookies to track adenandanias.com usage. Goolge Analytics shares this information with other Google services, including its advertising network. For more information, please read the Google Analytics use of cookies here.

You can change your browser settings at any time so that it will not automatically accept cookies or to clear cookies from your browser.

Do Not Track

You have the ability to enable your browser settings to “Do Not Track.” Doing this sends a signal to websites, ad networks and plug-in providers about your browsing preferences. adenand anais.com does not respond to the Do Not Track browser signal.

sharing information

aden + anais does not sell, rent or trade the information you provide us with third parties. We do share only the information necessary to fulfill your orders with those third parties who support our processing and shipping of merchandise. We may also share the information you provide us with third parties with whom we have agreements to provide promotional offers for our products, news and information, specific marketing campaigns and, in order to keep our customer service database up to date. We do not authorize these third parties to make any other use of your information.

If we are required by law to provide information to law enforcement or other authorities, we will make available the information that is demanded of us.

aden + anais reserves the right to use and/or share aggregated, not directly identifiable information about our customers and website visitors with third parties. This information includes the number and types of purchasers and visitors to this website. In making this information available, aden + anais does not directly reveal your personal identity.

how we use your information

First and foremost aden + anais uses the information you provide us to fulfill your orders and respond to your inquiries. We may also use your information to send you special promotions and information about other products you may enjoy, to remind you of uncompleted orders and to send you our newsletter if you choose to receive it. You have the ability to easily request that you stop receiving promotions, offers and our newsletter.

social media other website links

You may find social media plug-ins or buttons on the aden + anais website. These enable you to directly access the aden + anais pages on social media platforms such as Twitter, Facebook and Pinterest. Similarly, you may find links on this website to other websites. aden + anais is not connected to these third parties and has no control over them, we simply make the links available for your convenience. Please be aware that when you click on one of the plug-ins or url links you are leaving the aden + anais website and going to those third party platforms and websites. When you do so, you will be subject to the terms, conditions and policies of those third parties. We encourage you to read those in order to understand what information you may be sharing with those platforms and websites.

Please send any concerns regarding our privacy practices or this statement to: customerservice@adenandanais.com or to:
aden + anais, Inc
20 Jay St, Suite 600
Brooklyn, NY 11201

Updated June 2015

©2016 Aden & Anais, Inc. All Rights Reserved

 
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