Last updated: 06/22/2015
Welcome to the Ashley Stewart.com. Please review the following terms and conditions of use, which govern your use of this Site (the "Agreement").
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement frequently. If you do not agree to these terms, please do not use the Site.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will make every attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be erroneous, or placed by dealers, resellers or distributors.
Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Ashley Stewart, Inc.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred 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 exploit in any way any of the Contents or the Site.
User Comments, Feedback, and Other Submissions
Ashley Stewart appreciates your enthusiasm for our brand. However, our company policy does not allow us to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials ("Submissions"). The purpose of this policy is to avoid any potential misunderstandings when Ashley Stewart products, services, advertising or branding might appear to be similar or identical to ideas submitted to Ashley Stewart.
Terms of Idea Submissions
If, despite our policy, you still choose to submit your ideas to Ashley Stewart, then regardless of what your letter or submission states, the following terms shall apply to your Submissions:
- Ashley Stewart will consider the Submissions to be non-confidential and non-proprietary;
- Your submissions and their contents will become the property of Ashley Stewart, without the possibility of compensation to you;
- Ashley Stewart shall have no obligations regarding the Submissions, including but not limited to, any obligation to review, return any materials or acknowledge receipt of any Submissions.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Ashley Stewart or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Ashley Stewart takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Personal Information Submitted Through the Site
Many products displayed on the Site are available in select Ashley Stewart stores in the United States. The prices displayed on the Site are quoted in U.S. Dollars.
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy. If you are not completely satisfied with your purchase, it may be exchanged for a website credit or refund within 30 days from the date of the receipt of your purchase. The item must be unworn and unwashed, in the original packaging with UPC label attached and accompanied by the original packing slip or sales order number. No returns are accepted after 30 days from when you receive or without the UPC label attached. Web Exclusive Items purchased on line must be returned to our fulfillment center. Non-exclusive website items can be refunded in Ashley Stewart stores; however you must bring your invoice for proper refund, or merchandise credits will be issued.
Shipping on all returned items is non-refundable. All sales are final after 30 days from receipt.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Site and Services
The Site may contain links to other Web site that are not under the control of Ashley Stewart. Ashley Stewart has no responsibility for the linked Web site nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Ashley Stewart expressly disclaims any duty to update or revise the materials on the Site, although Ashley Stewart may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Ashley Stewart shall not be liable for any damages of any kind related to your use of the Site.
You agree to defend, indemnify and hold Ashley Stewart 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 and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Ashley Stewart agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
- to Ashley Stewart at: Ashley Stewart Legal Department, 150 Meadowlands Parkway, Suite 403, Secaucus, NJ 07094, or
- to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Ashley Stewart agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
These terms are effective unless and until terminated by either you or Ashley Stewart. You may terminate this Agreement at any time. Ashley Stewart also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.