These terms and conditions (together with the information and policies contained in all pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website www.alexcrown.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the "Services").
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1. Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "we", "us" or "our", we mean Alex Crown, Inc. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Brands relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2. About us
We are Alex Crown, Inc. (“Alex Crown”) and we operate the Website. We are a DE C Corp. registered in United States with Headquarters in the State of Illinois and our registered address is at 1658 N Milwaukee Ave #203, Chicago, IL 60647.
We provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Website, you are purchasing them from the third-party retailers ("Brand(s)") named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Brand. We are acting as agent on behalf of the Brands, which are the principals. You are not purchasing the products from us. We are authorized by the relevant Brands to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Brands and the contract between you and the Brands in relation to your purchase of the products are set out in sections 5, 6 and 7 below.
3. Our services
The Services we offer allow you to search through the Website and purchase products from a large number of Brand boutiques and brands worldwide. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge. The specific Alex Crown entity procuring such payment processing services will depend on your location. Alex Crown will procure the payment processing services only if you are located in the US. As stated above, the contract for the purchase of the products is between you and the relevant Brand. This means that it is the Brand (not us) who is legally responsible for selling the products to you.
Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Brand.
In order to use the Services you must be over 18 years of age.
4. Our liability to you in relation to the Services
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
5. The products
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Brands (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please send us an email to [email protected] if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflect the true color of the products.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The products sold by the Brands are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Brands have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity.
6. Alex Crown Brands
As explained above, the contract for the purchase of the products is between you and the relevant Brand. We are acting as agent and are authorized by the relevant Brand to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us.
We request that all Brands using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Brands’ business policies. If you are unhappy with the product or service you have received from a Brand, you should contact us and we will liaise with the relevant Brand on your behalf to try and resolve the issue.
Further information about the Brands and the products they offer is available in our Brands page.
7. Orders, prices and payment
The steps you need to take to place an order are explained in the "How does it work" question of our FAQ page.
By completing the checkout process and placing an order by clicking the "Place Order" button on the checkout page, you are offering to purchase the products from the relevant Brand (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Brand. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Brand. After entering into the contract for the products with the Brand, the Brand will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Brand and/or Alex Crown (as applicable) until it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).
(a) Formation of the contract between you and the Brand(s). The identity of the Brand is shown on the order confirmation page when you place an order.
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Brand. The contract between you and the Brand in relation to the products will not be formed until we have checked that the Brand accepts your order.
(b) Pricing and availability
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Brands, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Brand, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible. Please see the "Delivery” section and “Returns” section of our FAQ page for further details. The delivery costs if applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Brand outside of your territory, you may need to pay import duties and/or taxes upon receipt of the products. You will be notified by our carrier if you will need to pay duties before the item gets delivered to you, or if you may have to pay them upon receipt of the products. If you do not pay the duties immediately this may delay your shipment delivery time. If they are not included, neither we nor the Brand have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact us for further information and a “landed cost estimate” before placing your order. Additional information is also available in the "Delivery” section of our FAQ page.
For US customers, Alex Crown does not collect sales or use tax in all states. Alex Crown does not collect use tax for international purchases. For states imposing sales or use tax, your purchase may be subject to use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities.
Please note that if you return an item eligible for a return, the taxes and import duties will be refunded to you if they were originally included in the purchase price. By initiating a return, you agree to disclaim and assign exclusively to Alex Crown (and to the exclusion of any other party), any right to or interest in duty drawback you may have with respect to the returned item.
(c) Acceptable Payment Methods
When you submit your order, we carry out a standard pre-authorization check on your payment card and products will not be dispatched until the details you have provided are verified.
The estimated delivery date of the products will be shared with you via email. We (and not the Brands) supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given,) but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products, the nature of the item (Ready-To-Wear (RTW), Made-To-Order (MTO), Made-To-Measure (MTM), or Bespoke), and your delivery address. Delivery times are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Brand(s) so your order may arrive in multiple deliveries and at different times.
In certain circumstances our delivery Brand may leave your package outside or provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbor, reception or security: re-directing the delivery to a neighbor, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; (d) re-directing to a collection point: collecting your package from a collection point nearby. If our delivery Brand leaves your package outside, or if you select any of the optional services (including through any default preferences you may have selected with our delivery Brand separately) you acknowledge and agree that Alex Crown shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
Please also read the information on our “Delivery” section on our FAQ page as this contains important information about your order and its delivery.
9. Returns Policy
Please see our Returns Policy for information on returns, exchanges and our Free Returns service on our “Returns” section of our FAQ page for further details. For further information on cancelling your order please see a) below for further information.
Please note that in certain cases the Brand may reject your return of a product and Alex Crown (or any of its group companies) may, at its sole discretion, choose to purchase the product from you. You agree that legal title to such product will automatically pass to Alex Crown (or its relevant group company) upon Alex Crown (or its relevant group company) choosing to purchase such product from you.
Except in relation to certain types of products as set out in the Returns Policy, you may cancel a contract depending on the nature of the item and at any time before your order is shipped by the Brand.
To cancel a contract (or part of a contract), you must clearly inform us and send an email to [email protected], giving us your name, address and order reference. As mentioned before, we may move forward with the cancellation process depending on the natural of the item.
10. Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
(a) Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Brands) satisfy any legal requirement that same communications be in writing.
(b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Fraud and Abuse Act 1986. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third-Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
(c) Third-Party Products and Services on the Website
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Brands (the “Third-Party Products and Services”). Your use of these Third-Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third-Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third-Party Products and Services. We reserves the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third-Party Products and Services, in the event that you breach any Third-Party Products and Services’ terms and conditions. Use of Third-Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or Third-Party Products and Services will work on any particular device.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(e) Our liability in relation to the Website
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Brands’ supply of the products to you.
12. Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilize parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and images of third-party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
13. Ethical sourcing policy
As a reputable and trusted business committed to offering its customers high quality products, we recognize our obligation to ensure that all Brands and other suppliers are operating ethically. We expect all Brands and other suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All Brands and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment. We will never knowingly allow a Brand to offer its products on the Website if such products are sourced from countries which are in breach of these principles. We also look to the Brands and other suppliers to instill these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Brands and other suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products.
14. Other important information
Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control - We and the Brands will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Brands reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Brands’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Brands’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
15. Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed and construed in accordance to the relevant New York law, and the relevant courts of City of New York, State of New York will have exclusive jurisdiction.