Welcome to Allthamluxe.com, a website owned
and operated by Alltham, p.b.c., a Public Benefit Corporation organized under
the laws of the State of Delaware (“Alltham”). Alltham provides website and
other electronic services subject to the Terms set out below ("Terms").
By using and shopping via Alltham's website(s), Alltham’s mobile services, Alltham’s
telephone ordering and interactive voice response services, Alltham’s software
applications that you download, and other websites and existing or future
services that expressly incorporate these Terms ("Alltham Services"),
you accept these Terms. In some instances, a particular Alltham Service or a
product purchased through the Alltham Services may be subject to additional
policies, guidelines, terms, and/or agreements ("Additional Terms").
In the event that such Additional Terms are inconsistent with these Terms, the Additional
Terms shall govern.
Please read these Terms carefully. If you do
not wish to be bound by these Terms, do not access or use the Alltham Services.
Applicable Laws
Alltham makes no representation that content included in any Alltham Services
is appropriate or available for use in locations other than in the United
States, and access to the Alltham Services from territories where their content
is illegal is prohibited. Those who choose to access the Alltham Services from
locations outside the United States do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use or
export the content included in any Alltham Service in violation of U.S. export
laws and regulations.
Change of Terms
Alltham may, at its sole discretion, revise or add new terms to these Terms
from time to time without notice to you. Such revisions and additions shall be
deemed effective immediately upon notice, which Alltham may give by any means,
including, without limitation, by posting the revised Terms on the Alltham
Services. You are responsible for reviewing the Alltham Services for any
modifications to these Terms that may affect your rights or obligations. Any
access or use by you of the Alltham Services after changes to these Terms will
constitute your acceptance of the revised terms.
Orders and Pricing
Alltham reserves the right to discontinue or change product specifications and
prices without prior notice. Products are available while supplies last.
Inadvertent errors in advertised prices are not binding on Alltham, and may be
adjusted by Alltham any time. Your placing an order and your receipt of an
order confirmation do not constitute final acceptance of an order. Certain
information may need to be confirmed prior to accepting your order. Your order,
or any portion thereof, may be declined even after your receipt of an order
confirmation.
Best Price Guarantee
We work hard to ensure that we offer the absolute best prices online, and want you to be confident that you are getting the absolute best price for the product you are ordering.
If you find another online store that offers
a lower price than us within six months of your purchase please let us know and
we will refund the difference. Also, If you find that our own website has
a lower price for the same item you have ordered within six months of your
purchase, we will refund the difference.
To request your partial refund simply e-mail
us a link to the same product on our competitor’s website or on our website
within six months from the date of your order and we will process the credit to
the account from which you paid.
Our 100% Price Guarantee has some
limitations:
- You must purchase the item from our website before requesting your Price Match Guarantee
- Promotions
such as sign-up discounts, rebates, and buy one, get one free offers are
not eligible
- The
item must be in stock on the competitor’s website
- The competitor must
be an online store; they may not have a retail location
- The
website cannot be a discounter or auction website (i.e.; eBay, overstock,
etc.)
- The competitor must be an Authorized Retailer of the product in question
- The competitor must be in compliance with the manufacturer’s Minimum Advertised Price (MAP) policy.
- The
Price Match Guarantee includes the item price and the shipping charges, if
any; it excludes sales tax.
Content
Copyright in the documents and material on the Alltham Services is owned by or
licensed to Alltham. You are authorized to use this material only for personal,
non-commercial purposes. You may download, print, and store copies of this
material for your own personal, non-commercial use. The images of people or
places displayed on the Alltham Services are either the property of, or used
with permission of, Alltham. The uses of these images by you, or anyone else
authorized by you, is prohibited unless specifically permitted by these Terms
or specific permission is provided elsewhere on the Alltham Services. Any
unauthorized use of these images may violate copyright laws, trademark laws,
the laws of privacy and publicity, and regulations and statutes governing
communications. Nothing contained in the Alltham Services should be construed
as granting, by implication or otherwise, any license or right to use any
trademark or service mark displayed on the Alltham Services without the written
permission of Alltham or any third party that may own such trademarks or
service marks. Alltham will aggressively enforce its intellectual property
rights to the fullest extent of the law.
Submissions
All information, ideas, suggestions, or other communications you transmit to Alltham
concerning the materials contained in the Alltham Services will be on a
non-confidential and non-proprietary basis, subject to the provisions of our
Privacy Policy, when relevant. Alltham and its parents, subsidiaries, and
affiliates will be free to reproduce, use, disclose, and distribute such
communications without limitation or obligation. You may also post reviews,
comments, photos, and other content, provided that such content is not
threatening, obscene, defamatory, an invasion of privacy, an infringement of
intellectual property rights, or otherwise objectionable or likely to infringe
upon the rights of third parties.
For all of the content that you post or
submit to the Alltham Services, you grant Alltham a perpetual, irrevocable,
nonexclusive, royalty-free, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world through any media, including, but
not limited to, the broadcast of such content on television. You grant Alltham
and its sublicensees the right to use the name that you submit in connection
with such content. You represent and warrant that you own or control all of the
rights to the content that you submit, that the content is accurate, that use
of the content you supply will not violate these Terms and will not cause
injury to any person or entity, and that you will indemnify Alltham for all
claims resulting from any content that you supply. Alltham has the right but
not the obligation to monitor any activity and to edit or remove any content. Alltham
takes no responsibility and assumes no liability for any content posted by you
or by any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including
Alltham vendors, do not constitute sponsorship, endorsement, or approval by Alltham
of the content, policies, or practices of such linked sites or services. Alltham
is not responsible for the availability, content, security, policies, or
practices of linked sites or services, including, without limitation, the
accuracy of content on linked sites or services and the privacy policies and
practices of linked sites and services.
Electronic Communications
When you access or use the Alltham Services, send e-mails to Alltham, or
receive electronic communications from Alltham, you are, and consent to,
communicating with Alltham electronically. Alltham may communicate with you by
e-mail or by posting notices on one or more of the Alltham Services. You agree
that all notices, disclosures, agreements, policies, and other communications
that Alltham provides to you electronically satisfy any requirement that such
communications be in writing.
Mobile Services
The Alltham Services may include certain services that you may access through
your mobile phone or other mobile device, including services that allow you to
use your mobile device to place orders, receive and reply to messages from Alltham,
and access certain other features (collectively, the "Mobile
Services"). Alltham does not charge for Mobile Services. However, when you
access or sign up for Mobile Services, you recognize, acknowledge, and
understand that you may incur charges by your wireless carrier for all messages
sent to you from Alltham, its parent companies, or any of its corporate
affiliates or subsidiaries. Standard messaging rates will apply, unless noted
otherwise. Under no circumstances will Alltham, its parent companies, or any of
its corporate affiliates or subsidiaries, be responsible for any wireless
e-mail, text messaging, or other charges incurred by you or by any individual
who has access to your wireless device, telephone number, or e-mail address.
Downloading, installing, using, or accessing certain Mobile Services may be
prohibited or restricted by your mobile service provider, and not all Mobile
Services may work with your device. You are responsible for confirming with
your service provider whether the Mobile Services are available for your mobile
device, whether any restrictions may be applicable to your use of the Mobile
Services, and whether any charges may apply to your use of the Mobile Services.
Note that premium charges may be applied on a one-time and/or a recurring basis
and may be charged to you on your regular bill or deducted from any prepaid
balances. By using the Mobile Services, you agree that Alltham may communicate
with you through your mobile device and that certain information about your
usage of the Mobile Services may be communicated to Alltham. If you change or
deactivate your mobile telephone or other access number, you agree to promptly
update your mobile subscription account information to ensure that the messages
Alltham intends to send to you are not sent to another person.
For Alltham's "Mobile Alerts", you
may unsubscribe at any time, and for any reason, by visiting the Mobile Alerts
signup page on My Account and opting out of the Mobile Alerts you do not wish
to receive, replying with the word STOP to your Alltham Mobile Alert,
contacting Customer Service at 888-263-9850, or by mailing a request to Alltham
Customer Service, 5566 West Chester Road, West Chester, OH 45069. We are always
happy to answer your questions and listen to your comments.
DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY
THE MATERIAL CONTAINED IN THE ALLTHAM
SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, ALLTHAM MAKES NO WARRANTIES OR
REPRESENTATIONS AS TO SUCH MATERIAL’S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY
EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON
THE ALLTHAM SERVICES IS PROVIDED TO YOU ‘AS IS’ WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.ALLTHAM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
FOR ANY PRODUCTS OR SERVICES OFFERED ON THE ALLTHAM SERVICES, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY
OFFERED BY THE PRODUCT’S MANUFACTURER.
SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CERTAIN DAMAGES OR LIABILITIES.
AS A RESULT, THE DISCLAIMERS AND LIMITATIONS REFERENCED ABOVE MAY NOT APPLY TO
YOU.
Your Access to Alltham Services
When you use the Alltham Services, you agree to comply with all applicable
laws, statutes, ordinances, and regulations regarding your use of, and purchase
of products and services through, the Alltham Services. You are responsible for
maintaining the confidentiality of any passwords or usernames and for
restricting access to your account, if any, and you agree to accept
responsibility for all activities that occur under your account, username, or
password. Alltham sells products, including children’s products, to adults
only, who can purchase products with a credit card or other permitted payment
method. If you are under 18, you may use the Alltham Services only with the
involvement of a parent or guardian. Alltham reserves the right, at its sole
discretion, to refuse service, remove or edit content, cancel orders, or
terminate accounts for any or all of the Alltham Services. In the event that Alltham
denies you access to one or more Alltham Services, the provisions in these Terms
governing any copyright and other intellectual property rights, and the
disclaimers, indemnities, and limitations of liabilities set forth in these Terms
shall survive such termination.
Copyright Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA"), Alltham
has designated an agent to receive notification of alleged copyright
infringement occurring on the Alltham Services:
DMCA Notification Agent
Attn: Legal Department
HSN, Inc.
1 HSN Drive
St. Petersburg, Florida 33729
E-mail: [email protected]
Contents of Notice
The DMCA requires that all notices of alleged
copyright infringement be in writing. For Alltham to act on your notice, you
must be authorized to enforce the copyrights that you allege have been
infringed. When informing Alltham of an alleged copyright infringement, you
should:
1. Identify the copyrighted work that
allegedly has been infringed. If multiple copyrighted works on a single Alltham
Service are involved, please provide a representative list of such works on that
Alltham Service.
2. Describe the material that is claimed to be infringing and provide
sufficient information to permit Alltham to locate that material.
3. Provide your contact information, including an address, telephone number,
and, if available, an e-mail address.
4. Certify or include a statement that you have a good-faith belief that the
use of the copyright-protected material in the manner complained of is not
authorized by the copyright owner, the owner’s agent, or law.
5. Certify that the information that you have provided Alltham is accurate. You
should attest under penalty of perjury that you are authorized to enforce the
copyrights that you allege have been infringed.
6. Include your physical or electronic signature.
Alltham may not be able to act on your complaint promptly or at all if you do
not provide this information.
Miscellaneous
These Terms contain the entire understanding of you and Alltham with respect to
the subject matter hereof and supersedes all prior agreements and
understandings between you and Alltham with respect to the subject matter
hereof. The failure of Alltham at any time to enforce any of the provisions of
these Terms will not be deemed or construed to be a waiver of any such
provisions, or in any way to affect the right of Alltham to thereafter enforce
each and every provision of these Terms. No waiver by Alltham of any breach of
any provision of these Terms will be construed or deemed to be a waiver of any
other subsequent breach. If any provision of these Terms is declared invalid or
otherwise determined to be unenforceable for any reason, such provision will be
deemed to be severable from the remaining provisions of these Terms, which will
otherwise remain in full force and effect. Provisions concerning your rights
and obligations which by the content of the provision operate after termination
or which are necessary to enforce any right will survive any termination or
expiration of these Terms.
These Terms will be governed by and construed in accordance with the internal
laws of the State of Delaware without regard to conflict of laws principles.
Any suit brought under or in connection with these Terms may be brought only in
the courts of the State of Delaware, or of the U.S. District Court for the
District of Delaware, and Alltham and you consent to the personal jurisdiction
and venue of such courts.
Communications with respect to these Terms
may be directed to Alltham
By mail addressed to
Alltham, p.b.c.
920 Justison Street
Wilmington, DE 19081
Or by email addressed to
[Updated 11/13/2020]
