Welcome to www.alexandrebirman.com website (“Website”) operated by Arzz International Inc. dba Alexandre Birman (“Alexandre Birman,” “we,” “our,” or “us”). We provide footwear products and accessories (“Products”), and Product-related services and Website features (“Services”) to customers through and on the Website.
These Terms govern your use of the Website on all platforms for which one exists.
- The Website
Alexandre Birman is the go-to brand for sophisticated footwear and accessories, including our signature strap heels, gladiator sandals, caged stilettos, among others that blend style with fun. Our expanding range of Products are available in leading retailers, Alexandre Birman flagship stores in New York City and Bal Harbour and online through the Website.
- User Account
The Website is generally accessible by the public. However, certain features available through the Website may require you to setup a user account (“User Account”). For example, you are required to register a User Account to access our fast checkout feature and to view certain promotions.
You can register a User Account by clicking on the “My Account” link on the Website and following the instructions for setting up your account. To complete the registration process, you will be required to provide certain information about yourself, including your name, email address, and other information. You will also be asked to select a unique username and password for your User Account.
By setting up a User Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”); (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person's username, password or other account information, or provide false details for a parent or guardian; (c) to maintain the security of your User Account password; (d) to maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate and current; (e) to accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (f) to notify us immediately of any unauthorized use of your User Account or password or of any other breach of security regarding your User Account by emailing us at CustomerCare@AlexandreBirman.com.
Note that by setting up a User Account, you represent and warrant that:
- All of the information you submit for your User Account is true and accurate;
- You are at least 18 years of age;
- You have reviewed these Terms; and
- You are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.
- Purchasing Products and Services
To complete a purchase on the Website, you must add Product(s) to your shopping bag and click on the “Continue to Checkout” button to enter any information required to complete the purchase. You acknowledge that simply adding Product(s) to your shopping bag prior to completing your purchase at checkout does not guarantee that you may purchase those Product(s). If between adding a Product to the cart and completing the purchasing process, the Product inventory is exhausted, such Product will be automatically withdrawn from the order and you will not be responsible for making a payment for that Product.
All purchases from Alexandre Birman are subject to these Terms, including our applicable policies for cancellations, replacements, shipping, pricing, and payments, all of which may be accessed via the Website. In addition, some purchases may be subject to individual purchase terms and instructions, which would be listed on the applicable Product page(s). Before making any purchase, you should be sure to read these Terms AND any individual purchase terms carefully. In the event of a conflict between the general purchase Terms here and the individual purchase terms, the individual purchase terms will govern.
Alexandre Birman attempts to ensure that the content, Product and Services descriptions, prices, and other information on the Website are as accurate as possible. However, Alexandre Birman does not warrant or guarantee that any information on the Website is accurate, complete, or error-free, and Alexandre Birman undertakes no commitment or obligation to update any content, Product and Services descriptions, or other information on the Website. Alexandre Birman may at any time change the content, Product and Services descriptions, or other information on the Website, and/or any aspect of the Website, without prior notice. Alexandre Birman also reserves the right to limit quantities of any Alexandre Birman Product or Service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Alexandre Birman’s sole discretion. All prices and promotions are subject to inventory availability and limited time duration.
- Payment Processing
- Personal Information
- Return Policy
Our return policy is available at https://alexandrebirman.com/pages/returns (“Return Policy”). You may return a Product you purchase via the Website in accordance with our Return Policy within 14 days. Sale items and international orders are considered to be final sales and cannot be returned or refunded.
- Limited License
All of the content and materials available on or through our Website are protected by copyright and owned by Alexandre Birman or its licensors or licensees. Further, all trademarks or service marks, including ALEXANDRE BIRMAN®, trade names, trade dress, and other indicia identifying the Website and the Products or Services (the “Marks”) are owned by Alexandre Birman. You do not obtain any rights in the Marks, or in any of the Products (except for your shared content) available on the Website by your use of the Website or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use the Website as provided below. All rights in the Website and the Products and Services are reserved to their respective owners.
Subject to these Terms, Alexandre Birman grants you a personal, non-transferable, non-exclusive, and revocable limited license to access and use the Website and Product or Services descriptions for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Website as needed for you to view them through your browser, and (b) capture screenshots of footwear products and accessories, and their descriptions for your personal reference, provided you do not delete or modify any included copyright or other proprietary notices. Alexandre Birman reserves the right to revoke this license at its sole discretion upon notice to you, in which case you shall cease all use of the licensed materials.
The license granted to you above is subject to certain restrictions. You may not resell or distribute any of the Products or Services, make derivatives of or publicly display the Product or Services descriptions, or use the Marks in connection with any product(s), without our express written consent.
In addition, under no circumstances are you permitted to do any of the following:
- Publish, post or upload any content on the Website in violation of the Terms or of the rights of a third party, including that party’s copyright or trademark rights;
- Publish, post, upload or distribute any inappropriate, profane, defamatory, or otherwise unlawful content on the Website;
- Falsify or delete any intellectual property or legal notice, proprietary designations or labels of origin from any file or content you upload, post or distribute on the Website;
- Resell or otherwise commercialize the Products or Services, in part or in whole, or any other function or feature of the Website;
- Restrict or inhibit any other user from using and enjoying the Website or purchasing Products or Services from the Website;
- Use the Website or any content available on the Website other than for their intended purpose;
- Use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any content available on the Website;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; or
- Violate these Terms or any applicable laws in connection with your access and use of the Website.
- Copyright Complaint Procedure
We will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work posted on the Website and believe that your intellectual property rights in that work have been infringed upon by an improper posting or distribution of it via the Website, you may send Alexandre Birman a written notice that includes all of the following:
- A legend or subject line that says: “DMCA Copyright Infringement Notice”;
- A description of the copyrighted work that you claim has been infringed;
- The URL of the Website and a description of where the material that you claim is infringing is located on that Website page;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- Your electronic or physical signature.
The above notice should be sent to the contact below.
625 Madison Avenue
New York, NY 10022
By e-mail: CustomerCare@AlexandreBirman.com
- Website Use and Access
The Website will be available for access to the general public. However, we do not guarantee that the Website will be accessible at all times, without interruption, or at any given time.
Your access to the Website may be temporarily suspended due to system errors or maintenance windows or for any reason beyond our control. Further, we may suspend or terminate your access to the Website or the Products and Services, at our sole discretion and without prior notice to you, if you violate any of these Terms. You acknowledge that we are not liable for any losses or damages, including loss of your content, resulting from the suspension or termination of your access to the Website or the Products and Services.
- User Generated Content
We may allow you to submit, upload or otherwise make available text, images, audio, video, Contest entries or other content (“Your Content”) through the Website. You can also provide an evaluation (rating and brief statement) of a Product purchased through the Website. All submissions you make to us through the Website must comply with these Terms. Your Content will be treated as non-confidential and nonproprietary, and we will not assume any responsibility, obligation, or liability for them or for our receipt or non-receipt of them. Alexandre Birman may delete or destroy Your Content at any time. Our receipt of Your Content is not an admission by Alexandre Birman of its novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to Your Content.
By submitting or sending Your Content to Alexandre Birman, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Content throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Content is accurate and, as permitted to be used by Alexandre Birman under these Terms, does not and will not infringe any right of any third party.
- Contests and Promotions
Alexandre Birman may provide contests, sweepstakes, and promotions (“Contests”) through the Website. Contests that you participate in may have supplemental rules and conditions, but the following general rules apply unless otherwise stated.
- Eligibility. To participate in these Contests, you must have a valid User Account with current contact information. We may disqualify Contest entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided.
- Entries. Contest entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
- Prizes. No cash or alternative prizes are available, except that we reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred or sold by Contest winners. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
- Publicity. Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants Alexandre Birman an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
- Applicable Law. Contests are subject to applicable international, federal, state, provincial/territorial and local laws, rules, ordinances, statutes, court decisions and regulations. Contests are void where prohibited by applicable law.
- Email Communication
- Third Party Websites
In addition to Alexandre Birman Products and Services, the Website provides links and information about products, content, and services offered by or maintained by third parties. In some cases these may be accessible directly through the Website. In others, access may be via links from the Website to third party websites. We have no control over the content of these third party websites and we do not assume any obligation to review any of them. Further, we do not endorse, approve or sponsor any third-party websites or any content, advertising, information, materials, products, services or other items on or available on or from them. We accept no responsibility for any third party materials or websites or for any losses or damages that may arise from your use of them. If you decide to access or use any third party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Alexandre Birman from all claims associated with them.
- Disclaimer and Release
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT: (A) YOUR ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE PRODUCTS, SERVICES AND CONTENT ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALEXANDRE BIRMAN AND ITS OFFICERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) ALEXANDRE BIRMAN AND ITS OFFICERS, EMPLOYEES, AND AGENTS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (ii) THE PRODUCTS, SERVICES OR CONTENT THAT MAY BE PURCHSED OR OBTAINED FROM THE WEBSITE WILL BE RELIABLE OR ACCURATE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE WEBSITE OR ITS CONTENT WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF ANY SUCH MATERIAL; (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALEXANDRE BIRMAN OR THROUGH OR FROM THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALEXANDRE BIRMAN AND ITS OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE OTHERWISE FORESEEABLE), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR RESULTS OF THE USE OF THE WEBSITE OR ANY MATERIALS POSTED ON IT, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR WEBSITE; OR (E) ANY OTHER MATTER RELATING TO THE PRODUCTS, SERVICES OR WEBSITE.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, our aggregate liability shall not exceed USD $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS AND THE PREVIOUS PARAGRAPH MAY NOT APPLY TO YOU.
- Applicable Law; Disputes
- Binding Arbitration; Class Action Waiver
Except for matters relating to the enforcement of Alexandre Birman’s intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Website, your participation in any of the features available through them and/or your purchase of any Products or Services on the Website shall be finally resolved by arbitration as provided below. You are giving up the right to litigate a dispute with Alexandre Birman before a judge or jury. Arbitration shall be solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Alexandre Birman opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Alexandre Birman expressly waive the ability to participate in any class or representative litigation. An arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate.
If a dispute arises that is subject to arbitration, you must give Alexandre Birman written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Alexandre Birman does not resolve our dispute within 45 days after receiving your notice, you may pursue arbitration as provided below by sending a written demand for arbitration to Alexandre Birman at the address set forth above in "Copyright Complaint Procedure."
Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Alexandre Birman. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the Judicial Arbitration and Mediate Services (“JAMS”) Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in New York, New York, unless otherwise agreed upon by you and Alexandre Birman in writing. You and Alexandre Birman will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Alexandre Birman at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
Because the Website and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of New York law to any underlying claims as provided above). You agree the arbitration and other provisions of this section "Binding Arbitration; Class Action Waiver" survives any termination of these Terms.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Notice to International Visitors
The Website and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
Alexandre Birman makes no representation that the Website is appropriate or available for use beyond the United States of America. If you use the Website from other locations, you are responsible for compliance with applicable local laws.
If you have any questions about these Terms, you may contact us at CustomerCare@AlexandreBirman.com.