Terms & Conditions of Sale
TERMS AND CONDITIONS OF USE and TERMS AND CONDITIONS OF SALE FOR THE TOMFORD.COM WEBSITE (March 25 2014)
A. General Terms
If you do not agree to these terms please exit and do not use the Website.
The TOMFORD.com website is operated by TOM FORD. TOM FORD is the e-commerce subsidiary of Tom Ford International LLC, and has its principal office at 595 Madison Avenue, New York, New York 10022.
B. Terms and Conditions for the use of the TOMFORD.com website
All use of the TOMFORD.com website is subject to these Use Terms. By using the TOMFORD.com website you agree to comply with, and be bound by, the Use Terms.
(2) Data Security and Privacy
(b) Not intended for minors. The TOMFORD.com website is not intended for those under 18. By using the website you agree you are 18 years of age or older. Furthermore, we do not knowingly collect or solicit personal information from those under 18 (including those under the age of 13) or knowingly allow such persons to register for an online account or to post personal information on our websites.
(3) Intellectual Property
(a) Ownership. The TOMFORD.com website and material on the TOMFORD.com website (including all intellectual property of any nature, whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, sound tracks, written text, logos, trademarks) are the exclusive property of TOM FORD and its affiliates and subsidiaries. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on the TOMFORD.com website.
The “TOM FORD” trademark and all other TOM FORD related marks and logos, whether registered or not registered, displayed on the TOMFORD.com website, as well as the domain name "TOMFORD.com," are and will remain the exclusive property of TOM FORD. Any reproduction, distribution, transmission, modification, or use of any TOM FORD trademark for any purpose is prohibited.
(b) Proprietary markings. You may not remove any copyright, trademark or other proprietary notice contained on the TOMFORD.com website or any content contained therein.
(c) Feedback. You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to TOM FORD through this Website or by other means ("Submissions") are neither confidential nor proprietary to you and may be used by TOM FORD without restriction or compensation. By making a Submission to TOM FORD, you grant to TOM FORD under all right, title and interest, including copyrights, in the Submission a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such Submissions. TOM FORD has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that TOM FORD has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
(a) Links to third party sites. The TOMFORD.com website may contain links to third party websites not under the operation or control of TOM FORD. All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services that may be offered thereon. TOM FORD shall have no liability or responsibility for the content, availability, or otherwise in connection with such third party websites. Any questions or concerns about third party websites should be directed to the owners or operators of such websites. Please review the terms and conditions that may be imposed by such websites, as they may be different from these Use Terms.
(b) Linking only with authorization. You may only provide a link (including deep linking) to the TOMFORD.com website if expressly authorized in writing by TOM FORD.
(5) Use Restrictions
(a) No scraping. You may not use any automatic device, program, or methodology (including, without limitation, “page-scrape,” “robot,” or “spider”), or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. TOM FORD reserves the right to bar any such activity.
(b) No circumvention. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website by hacking, password “mining” or any other illegitimate means.
In addition, you may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of TOM FORD, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
(c) No interference. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(d) No unlawful use. You may not use the Website for any purpose that is unlawful or prohibited by these Use Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of TOM FORD or others
C. Terms and Conditions of Sale for the TOMFORD.com website
The purchase or attempted purchase by you of any products offered on TOMFORD.com website is subject to these Sale Terms.
For each order on TOMFORD.com website, your acceptance of the Sale Terms in force at the date of the order will be required.
(1) Purchase – general terms
(a) Not for resale. Orders may only be placed on the TOMFORD.com website for personal use and not for resale. Any resale or distribution of TOM FORD products purchased on TOMFORD.com website is strictly prohibited.
(b) United States only. The TOMFORD.com website may be used to order a selection of TOM FORD products directly online via the Internet from the United States only and for delivery only in the United States (excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America).
(c) Phone orders. You may also place your order by telephone by dialing 888-TOM-FORD (888-866-3673, a toll free number available only from within the United States) from Monday to Friday, 9.30 a.m. to 6.00 p.m. EST, from anywhere within the United States (excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America).
(d) Delivery. TOM FORD products ordered via the TOMFORD.com website and 888 TOM FORD may be delivered only to the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America. Not all Products may be shipped to all locations. If you attempt to purchase a product that cannot be shipped to your location customer service will contact you. Please see the Shipping and Delivery section for additional restrictions.
(e) Right to cancel. TOM FORD reserves the right to cancel any order placed by a customer in its sole discretion and without liability, including, without limitation, an order from a customer with whom it has a dispute concerning a prior order or if TOM FORD has reasonable cause to suspect that such customer has violated these Sale Terms, is engaged in any fraudulent activity, or for any other reason.
(f) Quantity restrictions. To ensure the best quality service and product availability, you may not order on the TOMFORD.com website more than 6 items of the same SKU number within a period of thirty (30) calendar days. Additional restrictions may apply to certain products or classes of products. If you attempt to order more products than are permitted, customer service will contact you.
(g) Availability. All offers of products as they are displayed on the TOMFORD.com website are subject to availability. TOM FORD reserves the right to change the items proposed on the TOMFORD.com website at any time and without notice. We attempt to provide information about the availability of products at the time of the ordering, but at times errors may exist, including when simultaneous orders of the same product are being placed by several customers. If a product is not available without a material delay after your place your order, you will be informed by email or by phone, and you will be allowed to order a substitute item shown on the TOMFORD.com website, to wait until the product is available, or to cancel your order. If you choose to cancel your order, any amounts already charged will be refunded. TOM FORD shall not be liable if products are not in stock or otherwise not available.
(h) Age. You must be 18 years or older in order to make a purchase on the TOMFORD.com website, and by making a purchase you represent that you are at least 18 years old. We do not sell products or services for purchase by children, the website is not directed at, nor do we knowingly collect personally identifiable information from children, including those under the age of 13.
(i) Account. Certain features or services offered on or through the Webite may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify TOM FORD immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by TOM FORD or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential. Access to your account may be terminated or suspended in our sole discretion. See the Termination of Access section for more information.
(2) Purchase – confirmation
(a) Pre-order summary. For each product selected on the TOMFORD.com website, a summary page will be displayed and may feature a photograph of the item, its coloring and references, the unit price, the quantity ordered, and the total amount owed for your order. Before placing your order by clicking on the “Purchase” button, please confirm that this information accurately reflects your selection. Once you have confirmed your order it will be submitted for processing.
(b) Visual accuracy. While we take steps to try to ensure that the coloring, design, and style of the TOM FORD products in the photographs or other representations displayed on the TOMFORD.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. Accordingly, TOM FORD shall not be liable for any error or inaccuracy in the photographs or other representations of TOM FORD products displayed on the TOMFORD.com website. If you have any questions about the products, please contact customer service.
(c) Submitted orders. Once your order is submitted for processing it may not be amended or cancelled except pursuant to the conditions provided for herein or pursuant to applicable law. Placing an order confirms your acceptance of the Sale Terms. Once an order is placed you will receive an order summary via email.
(d) Records. The data collected by the TOMFORD.com website establishes the terms of the transactions between TOM FORD and its customers. In the event of a dispute between TOM FORD and its customers relating to a transaction entered into using the TOMFORD.com website, and subject to TOM FORD’s right to cancel or not accept an order, the data collected by TOM FORD are the terms of the transaction.
(3) Purchase – pricing and payment
(a) Listed price. The pricing for all TOM FORD products on the TOMFORD.com website are in United States dollars and exclude taxes and shipping costs (see "Shipping and Delivery"). TOM FORD reserves the right to modify the prices of products offered on the TOMFORD.com website at any time without prior notice. You will be charged the prices displayed on the TOMFORD.com website at the time your order was confirmed provided the goods ordered were available at this time, however, TOM FORD reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability, including if the products are not available, are incorrectly priced or are otherwise incorrectly described.
(b) Payment methods. You are required to pay for any order placed on the TOMFORD.com website immediately upon confirmation of your order. Your order will only be processed for shipment once we have verified your payment method and received authorization to process your payment. We only accept payment by charge card or credit card. All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard, Visa, and American Express.
Store credits or gift certificates issued by Tom Ford retail stores are not accepted for payment for items offered on the TOMFORD.com website. Your charge card or credit card will only be debited when your order is shipped. If any of the products in your order are unavailable, we will only charge you the prices, taxes, and shipping costs for the goods available.
(c) Title. All products ordered through the TOMFORD.com website remain the property of TOM FORD until full payment is tendered to TOM FORD. In the event of a payment dispute, you are required to return the products that are the subject of dispute to TOM FORD immediately upon request, and to assume the risks (in particular the risks of loss, theft, and damage) relating to such products.
(4) Shipping and Delivery
(a) Restrictions. Products purchased through the TOMFORD.com website may only be delivered within the United States (excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America). TOM FORD will not process any order for which a post office box or APO/FPO address, or a hotel or motel address, is provided. Any such delivery address will be refused during the ordering procedure. Goods will be shipped to the accepted delivery address specified during the ordering procedure. Not all products can be shipped to all locations. If state or other regulations prohibit shipping of products to the address you specify customer service will contact you.
(b) Signature required. A signature of an adult aged 18 years or older may be required for delivery. Customer assumes all responsibility once a signature is obtained at the delivery address.
(c) Shipping costs. You will be asked to select the shipment method you would prefer as part of the order procedure. Delivery costs depend on the delivery service you select. We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the TOMFORD.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered. TOM FORD reserves the right to divide your order into partial shipments. In this case, your method of payment will be debited for the goods shipped and for a single shipment.
Current shipping costs:
- Ground: complimentary
- 2nd day delivery: $20.00
- Overnight delivery: $30.00
- Same day delivery in Manhattan only: $35.00
(d) Delivery timing. During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased. In some cases, such as delivery to Alaska and Hawaii, certain delivery options may not be available or may take longer. Some products may be subject to delivery delays. If your order, or a part of your order, is not able to ship without material delay, customer service will contact you to provide more detail and an estimated shipping date.
Current expected delivery timing:
- Ground: usually between three and seven working days (may take longer for Alaska and Hawaii)
- 2-Day: for orders processed before 12 p.m. (Eastern Time) usually delivered within two business days
- Overnight: for orders processed before 12 p.m. (Eastern Time), usually delivered the following business day. This option is not available for addresses in Hawaii and Alaska
- Same day delivery, Manhattan only: for orders processed before 12 p.m. (Eastern Time), usually delivered the same business day
(e) Taxes. We charge and collect state, local, and county taxes for online transactions based on shipping address and as required by applicable laws and regulations. An estimate of these taxes will be provided during the ordering process and the actual sales tax (if any) will be calculated when your order is shipped and may vary from the estimated tax. Applicable taxes will be applied to orders shipped to New York, New Jersey, California, Texas, Illinois, Nevada, and any other location where we are required to collect taxes. If we are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes.
(f) Delivery problems. Any delivery failure or late delivery that exceeds ten (10) business days should be reported to our customer service as soon as possible. In order for your claim of delivery failure or late delivery to be accepted, you must notify us within thirty (30) calendar days from the date of confirmation of your order.
You must check that your shipment is correct on delivery. If there are any discrepancies in your order, for example damaged or missing goods, when you receive your order, you should note the nature of the problem by hand, if possible, on the delivery notice, and sign. You must contact us as soon as possible but no later than ten (10) days after receiving the delivery.
(5) Returns and exchanges
(a) Returns and exchanges of purchased items. You may return any full-priced product ordered on the TOMFORD.com website for exchange or refund within fourteen (14) calendar days from the delivery date. Returned products must be in their original condition, unused, unwashed, unaltered, and in the same condition in which it was received with all tags attached, and in the original packaging (including, if possible, the original delivery box). The original invoice must be provided with any return. TOM FORD will determine in its sole discretion whether the products are in original condition when returned. If TOM FORD determines that the products are not in original condition they will be returned to you. Please allow up to ten (10) days for the processing of your return.
Returning a product for exchange or refund is at no additional cost if you use our pre-paid labels. To return a product, login to your account to request a Returns Merchandise Authorization (RMA) and to download a pre-paid shipping label. Additional instructions may be provided on the invoice or through the return process. In order to return a product at no additional cost to you, you must return it to using our carrier by using our system of pre-paid return labels. TOM FORD does not take title to any returned products until they are received by us.
(i) Personalized or altered products. A product ordered on the TOMFORD.com website that has been personalized, or a product that has been altered or tailored in any way, or washed or cleaned, cannot be returned for exchange or refund.
(ii) Sale and other non-refundable Products. All products sold as part of a sale are final and not returnable. You may request a price adjustment if a purchased product is marked down within seven (7) calendar days of the delivery of your order. TOM FORD reserves the right to designate other products as non-returnable. Any such designation will be noted on the product detail page.
(iii) Retail locations. Products purchased in a Tom Ford retail location may not be returned to the TOMFORD.com website. Products purchased on the TOMFORD.com website may be returned to certain retail locations. See the In-store return section below for more information.
(c) Return or exchange of gift items. If you received an item as a gift from TOMFORD.com, you may exchange it for another item of equal or greater value within fourteen (14) days of delivery. You, the gift recipient, must pay the difference in price. Please contact Customer Service to receive a pre-paid label by email.
You may exchange the gift item either (i) for a different item of equal or greater value, or (ii) multiple items that together are equal to or greater in value than the purchased products. Shipping costs are excluded from the value of an exchange.
(d) Returns and shipping costs. If you return products for exchange, the shipping costs for the first delivery will not be refunded. However, you will not be charged for the shipping costs of one exchange delivery per order. Only one exchange per item will be honored.
If you request a refund, the original shipping costs will be refunded only if the products are returned because they were not as ordered or were damaged.
(e) Additional terms for cosmetics and fragrance products. In addition to the conditions described above, for cosmetic and fragrance products to be returned they must not be opened (must be in original packaging with transparent film intact). If the transparent film has been opened or removed the item will not be accepted for return or exchange.
In the event a cosmetic or fragrance product is defective or damaged during delivery, you must contact customer service for additional instructions prior to an attempted return.
(f) Non prepaid returns. If you are unable to use, or do not wish to use, our pre-paid label service, please contact customer service to obtain an RMA number. You can then ship the return to:
7300 West Side Avenue
North Bergen, NJ 07047
Attn: TOM FORD E-COMMERCE
RMA#:[fill in the RMA number obtained from customer service]
You are responsible for insuring your package for the full retail value of the item. You agree to bear the risks of the shipping method you have chosen, and TOM FORD will not be responsible or liable if any item you return to the TOMFORD.com website is lost, misplaced, or delivered late. Neither the original shipping costs nor the costs you pay to ship your return will be refunded to you.
(g) In-store return. You may return products to any Tom Ford owned and operated retail location for an exchange for equal or greater value or, for non-gift items, a refund, in either case within thirty (30) calendar days following delivery of your order. Products purchased through the TOMFORD.com website cannot be returned to third party points of sale (such as eyeglass stores like Cohen’s Optical, department stores like Neiman Marcus, or beauty stores like Sephora).
All in-store returns require the original invoice. Shipping costs will not be refunded or included in the value of an exchange for in-store returns. A list of Tom Ford retail locations can be found here:
(h) Refund. If you request a refund for returned products, TOM FORD will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the goods. All refunds shall be made to the original form of payment. Under no circumstances will TOM FORD grant you an electronic credit usable on the TOMFORD.com website, nor will we issue a store credit for use in a Tom Ford retail location.
D. Additional Terms
For the avoidance of doubt, the following additional terms (“Additional Terms”) apply to your use of the TOMFORD.com website and any purchase or attempted purchase you make.
(1) Termination of access
You agree that TOM FORD may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
(2) Disclaimer of Representations and Warranties
The TOMFORD.com website and its contents are provided on an "as is" and "as available" basis. TOM FORD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR THE PRODUCTS OFFERED THROUGH THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TOM FORD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.
Without limiting the generality of the foregoing, TOM FORD does not represent, warrant, or guarantee that:
(a) the Website is free from viruses, worms, trojan horses or other destructive material or malicious code;
(b) the information contained on the Website is accurate, complete or up to date; or
(c) the TOMFORD.com website is free of defects or that any inaccuracies or defects will be corrected.
By using the Website, you agree that your use of the Website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that TOM FORD shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of the Website. Your sole remedy against TOM FORD for dissatisfaction with the Website is to stop using the Website.
Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
(2) Limitation of Liabilities; Indemnity.
TOM FORD shall not be liable to you or any third party for any DAMAGES OF ANY KIND, INCLUDING, WITHOUT LImitation, actual, direct, indirect, incidental, special, punative, exemplary or consequential damages, whether arising under contract, tort, or any other theory, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or information provided through the TOMFORD.com website, even if TOM FORD has been advised of the possibility of such damages. Without limiting the foregoing, TOM FORD shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified hereunder if the same is wholly or partly caused by circumstances beyond our reasonable control.
If, notwithstanding the other provisions of these Use Terms, TOM FORD is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, TOM FORD’s liability shall in no event exceed US$100.00.
Certain state laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to defend, indemnify and hold harmless TOM FORD, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of the Website.
(3) Law and Disputes
Our terms, including the Use Terms, the Sale Terms, and the Additional Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of laws, and shall govern all matters arising our of or relating to the Use Terms or Sale Terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. In the event of a dispute, the state and federal courts located in the borough of Manhattan in the city of New York, NY, shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court and you irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. TOM FORD shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.
(a) Severability. If any provision of the Use Terms, Sale Terms, or Additional Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of shall remain in full force to the extent permitted by law.
(b) Waiver. No failure, forbearance, neglect or delay of any kind or to any extent on the part of TOM FORD in connection with the enforcement or exercise of any rights under the Use Terms, the Sale Terms, the Additional Terms shall affect or diminish TOM FORD’s ability to enforce such rights or any other rights under the Use Terms, the Sale Terms, the Additional Terms.
(c) Construction and interpretation. References to Articles, Sections and Exhibits are to be construed as references to the Articles or Sections of the relevant portions of the Use Terms, Sale Terms, or Additional Terms, unless otherwise indicated, and terms such as “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to this entire set of terms rather than any particular part of the same. The paragraph headings and captions are included merely for convenience of reference. They are not to be considered part of, or to be used in interpreting, the terms and in no way limit or affect any of the contents of the terms or its provisions. Whenever used, except as otherwise expressly provided or unless the context otherwise requires, any noun or pronoun shall be deemed to include the plural as well as the singular and to cover all genders. The words "includes" and "including" when used herein shall be deemed to be followed by the phrase "without limitation" unless such phrase otherwise appears. Any reference to products, goods, or merchandise shall refer to the items offered for sale on the Website.