Welcome to the Erno Laszlo (ernolaszlo.com) web site (the "site"). You should read the following Terms and Conditions carefully before using this site. Erno Laszlo provides the products and services available on the site subject to the following Terms and Conditions. By accessing and using the site, you acknowledge that you have read, understood, and accept, without limitation or qualification, to be bound by these Terms and Conditions. Erno Laszlo may, from time to time, change these Terms and Conditions in its sole discretion. By using this site after such change, you agree to comply with, and to be bound by, the revised Terms and Conditions.
Product Descriptions
Erno Laszlo attempts to be as accurate as possible when describing products. However, this does not warrant that the descriptions (or other content contained on the site) are accurate, complete, reliable, current or error-free. If a product offered on the site is not as described, your sole remedy is to return it in unused condition. We have made every effort to display as accurately as possible the colors of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Inventory Availability and Back Orders
The site contains product inventory information. This information can be used to estimate the likelihood that a product will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that a product listed as “in stock” will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. Should this happen, we will notify you via email. Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from the manufacturers. In some cases, we are researching or waiting for stock from one or more of our suppliers. Erno Laszlo will make every effort to get the item(s) back in stock as soon as possible, usually within 15 days. If we are unable to locate and ship the item(s) to you in 30 days, an order status email will be sent to you. If for any reason we determine that a backordered item is no longer available, we will cancel the item from your order, notify you immediately via email, and delete the item from the site’s product offerings. Note: we will never charge your credit card until the item ships. If you paid by check or money order and have cancelled your order, Erno Laszlo will automatically issue you a refund check. This check will be mailed via U.S. Postal Service to the billing address listed in your Erno Laszlo account.
Intellectual Property
All content and technology available on or underlying this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, or software (collectively the “content”) are the property of Erno Laszlo or our content providers, and are protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the site (collectively the “trademarks”) are the registered and unregistered marks of Erno Laszlo in the United States and other countries. All other trademarks not owned by Erno Laszlo that appear on this site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Erno Laszlo. Except as set forth in the limited license below, neither the site nor any portion thereof, nor the trademarks, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of Erno Laszlo.
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
ERNO LASZLO, Inc
Corporate Headquater
129 W 29th St
New York, NY 10001
1-212-373-4700
In order for us to more effectively assist you, the notification must include ALL of the following:
1. a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
2. a description of the copyrighted work you claim has been infringed;
3. information reasonably sufficient to locate the materials in question on the site;
4. your name, address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Erno Laszlo is under no obligation to post, forward, transmit, distribute, or otherwise provide any content available on this site, including content you provide to us, and so we have an absolute right to remove any content from the site in our sole discretion at any time.
Limited License
Erno Laszlo grants you a limited, revocable, and non-exclusive license to access and make personal use of the site. Please note, however, that you may not frame or utilize framing techniques to enclose the site or any portion thereof without Erno Laszlo’s prior written consent. The limited license does not include the right to modify or download the site or its content (except caching); make any use of the site or its content other that personal use; create any derivative work based upon either the site or its content; collect account information for the benefit of another party; use any meta tags or any other “hidden text” utilizing Erno Laszlo or other trademarks without our express written consent; or use software robots, spiders, crawlers, or similar data gathering and extracting tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the site terminates this limited license.
Your Account
If you use the site and establish an account on the site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the site on someone else’s behalf, you represent that you have the authority to bind that person as a principal to these Terms and Conditions, and you agree to accept liability for harm caused by that person’s wrongful use of the site. Erno Laszlo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel accounts or any orders placed from an account for any reason, in its sole discretion.
Third Party Links
Erno Laszlo is not responsible for the content of any off-site pages or any other sites linked to the site. Links appearing on the site are not an endorsement by Erno Laszlo of the referenced content, product, service, or supplier. Your linking to or from any other off-site pages or other sites is at your own risk. Erno Laszlo is not in any way responsible for examining or evaluating the offspings of off-site pages or any other websites linked to the site, does not warrant such offerings of such pages or sites, or assume any responsibility or liability for the actions, products, or content of such pages and sites, including, without limitation, their privacy statements and conditions of use. You should carefully review the conditions of use of all off-site pages and sites. Erno Laszlo is not responsible or liable for any loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on this site, or for any computer viruses or any system failure or malfunction which may occur during hyperlinking to third party sites.
Unsolicited Idea Submissions
You acknowledge and agree that Erno Laszlo is free to use any unsolicited ideas, concepts or know-how submitted by you for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information, without compensating you.
Indemnification
By using this site, you agree to defend, indemnify and hold harmless Erno Laszlo and its officers, directors, employees, contractors, agents, licensors, service or content providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms and Conditions. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.
Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINKING TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, ERNO LASZLO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
Medical Disclaimer
The content, statements and products available on Erno Laszlo are not intended to diagnose, treat, cure, or prevent any condition or disease. Use of the site is not meant to serve as a substitute for professional medical advice. This site is solely an online store for specialty beauty products.
Local Laws and Export Controls
Erno Laszlo does not make any representation that the site is appropriate or available for use in locations outside the United States. If you are using the site in the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, rules, regulations, interpretations and determinations of any regulatory authority, or any provision of federal or state laws, and with all United States export laws and all other applicable laws. If you use the site from outside the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, export and import regulations of the United States and other countries.
Applicable Law
The laws of the State of New York govern your use of the site, any dispute concerning the site, your rights and obligations and all actions contemplated by these Terms and Conditions, without giving effect to any principles of conflicts of laws, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of New York.
Any dispute relating in any way to your visit to Erno Laszlo or to products you purchase through Erno Laszlo shall be submitted to confidential arbitration in the State of New York, except that, to the extent you have in any manner violated or threatened to violate Erno Laszlo’s or any of our providers’ intellectual property rights, Erno Laszlo or the providers, as the case may be, may seek injunctive or other appropriate relief in any state of federal court in the State of New York. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions may be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
In connection with any litigation, without limiting our right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state courts located in the County of New York, in the borough of Manhattan and in the federal courts located in the Southern District of New York.
Entire Agreement
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between you and Erno Laszlo concerning your use of the site, and supersede and govern all prior proposals, agreements, or other communications. You represent, warrant, and covenant that your use of the site will comply with these Terms and Conditions.
Severability
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Erno Laszlo. The failure of Erno Laszlo to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Erno Laszlo of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions is deemed unenforceable or invalid under any applicable law or by a court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Erno Laszlo will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Erno Laszlo as reflected in the original provision.
Changes to the Terms and Conditions
Erno Laszlo reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the site. Any changes are effective immediately upon posting to the site. Your continued use of the site constitutes your agreement to all such Terms and Conditions. Erno Laszlo may, with or without notice, terminate your rights granted by these Terms and Conditions. You shall comply immediately with any such notice.
How to contact us
If you have any questions, comments, requests or concerns related to this Terms and Conditions or the information practices of this Site, or if you would like to opt out of our future communications, please contact us at:
ERNO LASZLO, Inc
Corporate Headquater
129 W 29th Street
New York, NY 10001
1-212-373-4700
