Terms and Conditions

Welcome to owennyc.com. These terms and conditions (the “General Terms and Conditions of Use”) govern your use of, access to, and purchase of products from www.owennyc.com (the “US Site”). By using the US Site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use this site.  

 

GENERAL TERMS

These terms apply to all users of the domain www.owennyc.com (henceforth: the site). These terms and conditions will be valid for all your future transactions with www.owennyc.com (henceforth: OWEN NYC; may be referred to as ‘us’ or “we’) and visits to the site. OWEN NYC reserves the right to revise these terms and conditions. The date of the latest update is found in the final section of the terms and conditions. Users are responsible for keeping themselves updated with such changes.  

 

DISCLAIMERS

OWEN NYC does not guarantee that all items included our web shop are in stock at the time of your order. In the event that an item is unavailable, a customer may sign up to be notified by email if or when the item is back in stock. Neither can we guarantee that the content of the site is free of inaccuracies or typographical error at all times. Neither can we guarantee that all information is up-to-date. OWEN NYC may, at any time, amend the content of the site. Although we strive to display the correct texts, images, and pricing on the site and web shop, errors may occur. Some of the services mediated through the site are maintained by outside organizations. In situations where OWEN NYC acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. OWEN NYC cannot be held responsible for any damaged caused from using the site or, for that matter, not being able to use the site. We cannot guarantee problem-free and uninterrupted access to the site.  

 

SECURITY

Personal information provided on the website and online credit card transactions are transmitted through a secure server using Secure Socket Layering (SSL) encryption technology. When the letters “http” in the URL change to “https,” the “s” indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you’re about to enter a secure area.  

 

PURCHASE FOR PERSONAL USE ONLY

You may purchase products on the Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. We reserve the right to cancel orders for any reason without explanation.  

 

COPYRIGHT PERMISSION NOTICE

Copyright in the documents provided on this site (including, without limitation, the trademarks of The Owen Bag or OWEN NYC logos, graphics, text, photos, designs, icons, images, data, and software) are owned by or licensed to The Owen Bag and OWEN NYC (collectively, the “Content”). You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without prior express written content of OWEN NYC, or its content suppliers, as the case may be.

OWEN NYC and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by OWEN NYC or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws. For Content use regarding press-related inquiries, please refer to the About section of the site to contact the appropriate team.  

 

LICENSE AND SITE ACCESS

The viewing, printing or downloading of any Content from the US Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.

No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the US Site and the Content immediately terminates the license granted by the Provider. You will be solely responsible for all damages and other harm resulting from your use of the US Site and the Content.

OWEN NYC and the Provider shall not be deemed liable for any use of the US Site and the Content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use. If you have any questions about the Policy, or if you wish to inquire about and/or access any personal information OWEN NYC holds about you, please contact: OWEN NYC customerservice@owennyc.com  

 

 


 

 

PRIVACY POLICY  

Effective September 10, 2015 As used herein, “Site” refers to www.owennyc.com (including, without limitation, versions of the Site accessed through tablets, wireless and/or mobile devices and sites designed to be accessed by browsers using Wireless Application Protocol) and other sites on the World Wide Web originating in the United States which are owned and/or operated by O (hereinafter the “Company”). By visiting this Site, you are accepting the policies and practices described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you are not permitted to access this Site, and you should not do so.

The Company reserves the right to change or otherwise update this Privacy Policy at any time. Such changes or updates are effective immediately after the Company gives notice of the change or update, which the Company may do by posting on this Site, by e-mail, and/or by any other means which provides reasonable notice. Your use of this Site after such notice is posted means that you accept these changes or updates. 
OWEN NYC understands and respects your desire for privacy. To that end, we would like to inform you of our policies and procedures regarding the collection, use and disclosure of Personal Information (as defined below) and data we receive from users of this Site.

 

Section 1. Information We Collect

1.1 User-Provided Information.

You provide us personally identifying information (that is, information which may allow someone to identify you, including but not limited to your name, address, telephone number, email address, and date of birth) (hereinafter, “Personal Information”) when you register for a member account with the Site (if registration is offered, including by “following,” “liking,” linking your account to the Site, etc.), purchase merchandise through the Site, provide us with feedback or otherwise contact us via email, and when you post messages on our Site. You may also provide us with other non-public information that is associated with this personal information. We may also collect Personal Information at other places on the Site that specifically state that such information is being collected. In making your decision whether to provide Personal Information, you should be aware of the general risks of transmitting information over the Internet. This Site has implemented appropriate safeguards to help prevent unauthorized access, maintain data security, and make proper use of the information we collect. However, no transmission of data over the Internet is guaranteed to be completely secure. Thus, while we attempt to prevent unauthorized persons from accessing or tampering with the Site or accessing your Personal Information, we cannot guarantee that these efforts will be successful. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. We may also retain any messages you send through the Site. You may provide us information in any content you post to or on the Site.  

 

1.2 Other Ways Information is Collected.

When you visit our Site, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. In addition, as you use the Site, certain information may also be passively collected through the use of other technologies such as cookies, pixels, beacons and log files to collect information about how you use the Site. Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your browser for record-keeping purposes. The use of cookies is an industry standard, and as such, you’ll find them used by most major websites. We use cookies for two purposes. First, we may utilize persistent cookies to save your registration information. Second, we utilize session ID cookies to better understand how you interact with the Site and to monitor aggregate usage and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or functionalities of the Site. Any Personal Information gathered through the use of cookies is subject to this.  

 

1.3 Google Analytics.

This Site may use Google Analytics, a website analysis service by Google Inc. (“Google”). Google Analytics uses “cookies” to analyze your use of the Site. The information generated by the cookie about your use of the Site is sent to and stored at a Google server in the United States. Google will use this information to evaluate your use of the Site, to compile reports on Site activities for website operators and to provide other services related to Site and internet activities. Google will not associate your IP address with any other data held by Google. You can prevent the collection of data generated by cookies and related to the use of this website by downloading and installing the “plug-in” under the following link: HTTP://TOOLS.GOOGLE.COM/DLPAGE/GAOPTOUT  

 

Section 2. How We Use Your Information  

2.1 General Use.

In general, we use your Personal Information as necessary or appropriate to: Respond to your inquiries or requests that you direct to us Send communications and administrative emails about the Site Send you promotional/marketing information, newsletters, offers or other information from us Provide you with opportunities that we think would be of particular interest to you Improve the quality of the Site  

 

2.2 Email.

By providing your email address to us (including by “following,” “liking,” linking your account to the Site, etc., on a third party website or network), you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Site to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of the Site, or special offers. If you do not want to receive such email messages, you may opt out or change your preferences on the Site by contacting us at customerservice@owennyc.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.    

 

2.3 Retention.

Following termination or deactivation of your user account, we may retain your profile information and any content submitted by you (“User Content”) for a commercially reasonable time for backup, archival, or audit purposes. Furthermore, we may retain and continue to use indefinitely all information (including User Content) contained in your communications to other users or posted to the public areas of the Site after termination or deactivation of your account.  

 

Section 3. How We Share Your Information  

3.1 Personally Identifiable Information.

In general, Personal Information that you submit to us is used to respond to requests that you make, or to aid us in serving you better. We may use your Personal Information, among other ways, to facilitate the creation of and secure your Account on our network and to identify you as a user in our system, to provide improved administration of our Site and services, to provide you with the services that you request, to improve the quality and experience of the Site, and to send you emails including welcome and administrative emails. We will not rent or sell your personally identifiable information to others.  

 

3.2 Third Party Services.

We may share your personally identifiable information with third parties for the purpose of enabling us to provide the Site and services to you, including facilitating the creation of user accounts, the provision of hosting or technical support and to provide other services to you from time to time. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.  

 

3.3 Purchase of Products.

Our Site is hosted by Spree Commerce (“Spree”). Spree provides us with the online e-commerce platform that allows us to sell our products and services to you. If you choose a direct payment gateway to complete your purchase, your credit card information, along with the personal identifying information you submit, is transferred to and used by Spree to verify the credit card numbers and to authorize the processing of the transaction. 
Be sure to review all privacy policies published by Spree and contact them directly if you have questions as they may have privacy terms that differ from the Company’s Privacy Policy.  

 

3.4 Non-Personally Identifiable Information.

We may use non-personally identifiable information for any purpose, and may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks) with interested third parties to help them understand the usage patterns on the Site. 
We may allow third-party ad servers or ad networks to serve advertisements on the Site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. We do not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks us to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. Our Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.  

 

3.5 Disclosure.

We will disclose any information about you to (a) government or law enforcement officials or private parties as we in good faith believe necessary or appropriate; (b) respond to claims and legal process (including but not limited to subpoenas); (c) comply with applicable laws, (d) protect the property and rights of you or a third party, the safety of the public or any person; or (e) prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.  

 

Section 4. How We Protect Your Information

To protect your Personal Information, we take reasonable precautions and follow standard industry practices. We cannot, however, ensure or warrant the security of any information you transmit to us or guarantee that your information on the Site may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Your privacy settings may also be affected by changes to the functionality of our distributors, such as social networks. We are not responsible for the functionality or security measures of any third party.  

 

Section 5. Compromise of Personal Information

In the event that we learn that a user’s Personal Information has been compromised as a result of a breach of security, if we deem it necessary to protect the individual or if we are otherwise legally required to do so, we will promptly notify those persons whose Personal Information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.  

 

Section 6. Your Choices About Your Information

You may decline to submit personally identifiable information through the Site, in which case we may not be able to provide certain services to you. You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your Personal Information at any time, by contacting us at customerservice@owennyc.com. 
If you would like to access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information, contact our Privacy Compliance Officer at: customerservice@owennyc.com. When a request for user deletion is received, we will make all reasonable efforts to purge said data from our systems. However, due to the nature of our service, some information may not be fully removed due to backups or archived copies.  

 

Section 7. Children’s Privacy

We are committed to protecting the privacy of children. For that reason, we do not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to post to the Site or to register to receive emails. No one under the age of 13 is allowed to provide any Personal Information to us or on the Site. In the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at customerservice@owennyc.com.  

 

Section 8. Non-U.S. Residents

If you do not reside in the U.S. and are visiting our Site, if you provide Personal Information to us it may be transferred to, processed and stored on computers in the U.S. and other countries where we arrange to process and host such Personal Information. The U.S. and these other counties may not provide you with the same level of protection for your Personal Information that you have in your own country. Do not provide your Personal Information to us if you do not want this information to be transferred outside of your country, or if the laws in your country restrict these types of transfers. By accessing this Site and providing your Personal Information to us you consent to such transfers to and processing of your Personal Information in the U.S. and other countries in the manner described in this Privacy Policy.  

 

Section 9.

Links to Other Web Sites When you click on links on our Site, they may direct you away from our Site. We are not responsible for the privacy practices of other sites, nor the information or content contained therein. Please remember that when you use a link to go from the Site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Site, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding to use that third party website or service.  

 

Section 10. Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by the Company in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.  

 

Section 11. Changes to Our Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to this policy, we will notify you here that it has been updated. If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please contact us at: customerservice@owennyc.com  

 

Section 12. Acceptance of these Terms

By using this Site, or providing information to us, you signify your agreement to our Privacy Policy. If you do not agree with this policy, please do not use this Site. In addition, your continued use of our Site following the posting of changes to these terms will also signify your acceptance of those changes.

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