Welcome to the DeLong New York website, located at http://www.delongny.com/ (the "Site"), and operated by DeLong New York, a New York sole proprietorship ("DeLong New York"). This Privacy Statement addresses DeLong New York's practices regarding information collected from visitors of the Site and only addresses information collected directly through or from the Site; it does not address or govern any information gathering, use or dissemination practices related to information collected from the visitor (sometimes referred to as a “visitor,” “you” or “your”) other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. DeLong New York can be contacted at firstname.lastname@example.org or 212-303-7665. This Privacy Statement is incorporated into DeLong New York's Terms and Conditions by reference, as if set forth fully therein, which must be reviewed and accepted by you. The Site is not intended for children under the age of 18. It does not knowingly collect personal information online from visitors in this age group.
1. Collection of Personal Information from Site Visitors
Except as specifically set forth herein, DeLong New York may collect: (a) the email addresses of users that communicate with DeLong New York via email; (b) information knowingly provided by the user in online informational sections, registration or membership forms; (c) information gathered through the analysis of cookies, or any other methods of internet browsing analysis, such as Google Analytics; and (d) financial information provided by a user, including credit card numbers and billing addresses, in order to process payments to DeLong New York. Specifically, and in order to register for certain services of the Site, you may be required to provide additional personal information about you and your company, such as your name, address, telephone number, and other relevant personal information. If you do not wish to provide such information to the Site, you will be unable to register and/or to obtain products or services from the Site. When a visitor performs a search within the Site, DeLong New York may record information identifying the visitor or linking the visitor to the search performed and recording information related to the search request.
2. Use of Personal Information Collected
Personal information collected by DeLong New York may be used by DeLong New York for limited purposes, including recordkeeping, editorial and feedback purposes, content improvement, or to customize the content and layout of the Site. Individually identifying information, such as names, postal and email addresses, phone numbers, and other personal information that visitors voluntarily provide to DeLong New York, may be added to DeLong New York's databases and used for future contact regarding Site updates and new services. From time to time, DeLong New York may need to contact you for registration-related activities. You agree that DeLong New York may use your personal information for such registration-related contact with you. DeLong New York may also desire to contact you for market research purposes or to provide you with marketing information that DeLong New York believes would be of particular interest. You will have the option of not being contacted by DeLong New York and opting-out of such contacts by contacting DeLong New York via email at email@example.com.
3. Disclosure of Personal Information to Third Parties
Except as specifically set forth herein, any individually identifying personal information that you provide to DeLong New York through the Site will not be disclosed to other third-party entities not affiliated with DeLong New York. Identifiable and non-identifiable user information and data may be disclosed or distributed to another party with which DeLong New York enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition or asset purchase, or to a third party pursuant to a subpoena, court order or other form of legal process, in response to a request by or on behalf of any local, state, federal or other government agency, department or body, whether or not pursuant to a subpoena, court order or other form of legal process, or if determined by DeLong New York in its sole judgment that such disclosure or distribution is appropriate to protect the life, health or property of DeLong New York or any other person or entity. Identifiable and non-identifiable visitor information and data that visitors provide to DeLong New York may also be provided to third parties that contract with DeLong New York to provide products, information or other services that DeLong New York believes that visitors may be interested in obtaining. For example, and without limiting the generality of the foregoing sentence, DeLong New York contracts with Wix as an ecommerce vendor -- you can read more about how Wix uses your Personal Information here: https://www.wix.com/about/privacy. DeLong New York also uses Google Analytics to help understand how DeLong New York’s customers use the Site; you can read more about how Google uses your Personal Information here: https://policies.google.com/privacy. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. While DeLong New York may undertake efforts to see that any third party to whom DeLong New York discloses personal information is under an obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which DeLong New York exercises no control. DeLong New York is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties. Please be advised that the confidentiality of any communication or material transmitted to DeLong New York via the Site or email cannot be and is not guaranteed, including, for example, personal information such as your address or name.
4. Links to Other Sites
5. Security Measures and Communicating with DeLong New York
DeLong New York has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personal information. Despite DeLong New York's efforts to protect your personal information, the confidentiality of any communication or material transmitted to or from DeLong New York via the Site or via email cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the Site content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, DeLong New York is not responsible for the security of information transmitted via the internet.
6. Comments and User Content
All materials or comments posted to any aspect of the Site are public. Please refer to the Terms and Conditions for further detail concerning User Content and other materials submitted to the Site. As such, DeLong New York assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity or otherwise. Any comment system on the Site may utilize an opt-in geolocation service in accordance with a prevailing community standard such as HTML5. Such geolocation opt-in ability is managed by the user's browser settings. If a user chooses to opt-in to the geolocation service, the user's comments may be associated with the user's location, both internally within DeLong New York and publicly on the Site.
7. Access to and Ability to Correct Personal Information; Opt-Out Right
Upon your request via postal mail or email, DeLong New York will provide you with a summary of any personal information retained by DeLong New York that has been voluntarily provided by you to DeLong New York through online forms, registration forms, surveys, email or another online avenue. You may modify, correct, change or update your personal information by contacting DeLong New York via email at firstname.lastname@example.org. Except as necessary to obtain the services or information requested, you may opt out of having your personal information, that has been voluntarily provided to DeLong New York through online forms, membership or registration forms, email, or another online avenue, prospectively retained by DeLong New York or used by DeLong New York for secondary purposes, by contacting DeLong New York via email at email@example.com. This provision does not apply to collection of the type of web browser of the visitor to the Site, or to information provided or collected that does not meet the description hereunder.
8. Right to Change Privacy Statement
DeLong New York reserves the right at any time to modify, alter or update this Privacy Statement. DeLong New York will notify you on the Site of any new or revised Privacy Statement, including information regarding the location of the new or revised Privacy Statement. Your use of the Site following any changes means that you agree to follow and be bound by the Privacy Statement as changed. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Privacy Statement since their last visit.
9. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your personal information to third parties for direct marketing purposes, including a description of the categories of personal information disclosed. In order to obtain such information, please contact us via email at firstname.lastname@example.org.
10. Customers Who are Residents of the European Economic Area (“EEA”)
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated or deleted. You may also have the right to object to, or request that we restrict, certain processing or to withdraw consent you have previously provided. If you would like to exercise this right, please contact us at email@example.com.
Additionally, if you are a European resident, we note that we may be processing your information in order to fulfill contracts we might have with you (for example, if you make an order through the Site), or otherwise to pursue our legitimate business interests. Additionally, please note that your information will be transferred outside of Europe, including to the United States.
Legal Basis for Processing
We process your personal data described above: as necessary to fulfill our responsibilities under our contract with you (e.g., processing payments for and providing the products you have ordered); as necessary for our legitimate interests, including our interest in providing relevant and secure Services, and improving our Services and products; as necessary to comply with our legal obligations; or as consistent with your consent, which you may revoke at any time.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
TERMS AND CONDITIONS
Welcome to the DeLong New York website, operated by DeLong New York (“DeLong New York”) and located at http://www.delongny.com/ (the "Site"). The following Terms and Conditions (“Terms”) govern your use of this Site. By accessing, viewing or using the content, material or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them, and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 13 years of age, you are not granted permission to use this Site and must exit immediately.
1. Shipping Policy
Any and all orders placed through the Site are subject to this Shipping Policy. We strive for expedient delivery and aim to have most packages shipped within 48 hours. Personalized items are made to order, which can add time to the delivery time of these items. Orders are not fulfilled on weekends. DeLong New York bears no responsibility for the safety or delivery of the products purchased on our website. Once the package leaves DeLong New York's control and has been passed to the carrier, any problems pertaining to the delivery of that package must be resolved between the customer and the carrier in accordance with the carrier's policies.
The pricing available on this Site is for information purposes only for use by DeLong New York’s customers and potential customers and subject to change/verification. While DeLong New York strives to provide accurate product and pricing information, pricing or typographical errors may occur. DeLong New York cannot confirm the price of any DeLong New York product or service until after an order is placed. In the event that a product or service is listed on the Site at an incorrect price or with incorrect information due to an error in pricing or product information, DeLong New York shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product or service. In the event that a product or service is mispriced, DeLong New York may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. DeLong New York’s prices and the availability of DeLong New York products or services are subject to change without notice.
3. Order Acceptance
DeLong New York reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Among the circumstances that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by DeLong New York’s credit and fraud avoidance staff. DeLong New York may also require additional verifications or information before accepting any order. DeLong New York will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment has been received, DeLong New York will issue a credit to your account in the amount of the charge.
4. Returns and Exchange Policy
Any and all orders placed through the Site are subject to our Return Policy. For more information, click here to view the Return Policy, which is incorporated into these Terms by reference, as if set forth fully herein.
Some products or services on the Site may be available for purchase. DeLong New York uses a third-party payment processor to process credit card transactions made through the Site. If you purchase products from DeLong New York or make any payments via the Site with your credit card, the credit card information that you submit to DeLong New York will be protected by encryption, such as with the Secure Socket Layer (“SSL”) protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission to DeLong New York. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason DeLong New York does not receive payment for a purchase, DeLong New York may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use and excise taxes (excluding only taxes on DeLong New York’s net income). To the extent that DeLong New York is obligated to collect such taxes, the applicable tax will be added to your billing account. Any and all orders placed through the Site are subject to our Returns and Exchange Policy in Section 4 above.
6. Proprietary Rights
As between you and DeLong New York, DeLong New York owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and DeLong New York, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to DeLong New York or its affiliates, licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
7. Unauthorized Activities
You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national or international laws (including import, export, copyright and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with DeLong New York; (c) any use of data mining, scraping, robots, spiders, crawlers, or any other data gathering or extraction tools, except to the extent the Site is indexed by general-purpose consumer-accessible search engines, including Google, Yahoo or Bing; or (d) sending unsolicited email, including promotions and/or advertising. You may use the Site and the Site Materials consistently with these Terms. Any other use of the Site or Site Materials, including the aforementioned unauthorized uses, without prior written permission of DeLong New York is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to DeLong New York and that in the event of such unauthorized use, DeLong New York shall be entitled to an injunction in addition to any other remedies available at law or in equity.
8. Materials Submitted to the Site
Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to DeLong New York, you grant DeLong New York a worldwide, perpetual, irrevocable, transferable license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 15 of these Terms.
9. Third-Party Websites and Content
The Site may contain links to other internet websites for the convenience of users in locating information, products or services that may be of interest. Use of such third-party links, the Site and the Site Materials, and any other material or content on and made available through the Site, are entirely at your own risk. DeLong New York does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third-party sites, or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. DeLong New York does not endorse any product, service or treatment provided on a third-party website, or advertised or provided on the Site.
10. Privacy Statement
11. The Site, the Site Materials, User Content, Services, products, information and other materials on, in and made available through the Site are made available “as-is” and “with all faults.” Use of the Site is entirely at your own risk. DeLong New York and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the User Content, the Site Materials, Services, products, data, and other materials on, in and made available through the Site, express or implied, written or oral, arising from the course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, completeness and effort, with regard to any and all User Content, the Site, the Site Materials, Services, products, data and other materials on, in and made available through the Site, is with you.
12. Limitation of Liability
DeLong New York and its licensors shall not be liable for any indirect, special, incidental, consequential, exemplary, extra-contractual or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to or inability to use the Site, the User Content, the Site Materials, Services, products, data and other materials on, in and made available through the Site, regardless of legal theory, whether or not you or DeLong New York had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of DeLong New York and its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, User Content, the Site Materials on, in and made available through the Site, or the Services, products, data or other materials offered in connection therewith exceed the price paid by you during the preceding year for use of the Site and the Services and products. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of DeLong New York and its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site or with any of these Terms, or feel DeLong New York has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify DeLong New York and its directors, officers, employees, agents, contractors and licensors (“DeLong New York Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any Services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the Services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to DeLong New York), or any breach by you of these Terms and shall indemnify and hold DeLong New York Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of DeLong New York. DeLong New York or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If DeLong New York or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to DeLong New York, subject to the right of DeLong New York to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
14. Internet Security
DeLong New York uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. DeLong New York will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that DeLong New York shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to DeLong New York via the Site or the internet, including, for example, personal information such as your name or address.
15. Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify DeLong New York at firstname.lastname@example.org with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations and assertions made in this message are true, complete and accurate, and I have the full legal authority to make each and every such statement, representation and assertion, and to make and be granted any demand made in this message.”
16. Changes to these Terms; Termination
DeLong New York reserves the right at any time to modify, alter or update these Terms. We will notify you on the Site or by email of any new or revised Terms, including information regarding the location of the new or revised Terms and Conditions. Your use of the Site following any changes means that you agree to follow and be bound by the Terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site after the change to learn of changes to the Terms since their last visit. DeLong New York may suspend or terminate your ability to use the Site, or any Services on the Site, for failure to comply with these Terms, for providing DeLong New York with untrue or inaccurate information about yourself, for infringement upon DeLong New York proprietary rights, or for any other reason whatsoever, or for no reason.
17. Governing Law and Jurisdiction
These Terms represent the entire agreement between you and DeLong New York with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; provided, however, that the Terms of any applicable law now or hereafter enacted that is based on, derived from, similar to or connected with the Uniform Computer Information Transactions Act drafted by the National Conference Of Commissioners On Uniform State Laws shall not apply except to the extent that the law expressly prohibits alteration by these Terms of the applicability of one or more sections of the law. By accessing, viewing or using the Services, works, content or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in Bronxville, New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury, and any jurisdictional and venue defenses otherwise available.
The Site is controlled and operated from within the United States. Without limiting anything else, DeLong New York makes no representation that the Site, Site Materials, User Content, Services, products, information or other materials available on, in or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of DeLong New York to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including,” and their syntactical variations, shall be deemed followed by the words “without limitation.”
Some items may appear larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at larger than actual size to clearly show details, or smaller than actual size to show the entire item. Some images may be digitally enhanced or generated.