Please read these Terms of Use ("Terms") carefully. This website ("Site") includes the website located at bcbg.com and any other website or service of BCBG IP Holdings LP or its subsidiaries and affiliated companies (collectively “BCBG Max Azria”). BCBG MAX AZRIA PROVIDES THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively "You"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN BCBG MAX AZRIA AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
- These Terms shall apply to any order placed from an available international country. By accessing, browsing, using, viewing, reading, printing, or downloading any material from the Site, or registering with the Site, You represent and warrant that You have read, understood and You agree to be legally bound by these Terms.
- The Privacy Policy available at https://bcbg.com/pages/privacy.
BCBG Max Azria may change or modify these Terms or any policy or guideline of this Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.
CHOICE OF LAW/JURISDICTION
These Terms supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws and any conflict shall be resolved exclusively in the state and federal courts sitting in New York County. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE SERVICE PROVIDER TERMS MUST BE ASSERTED INDIVIDUALLY.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
SUBMISSIONS BY YOU
All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, reviews or other materials ("Material") on the Site shall be and remain the property of BCBG Max Azria or its respective owners. BCBG Max Azria may amend these Terms at any time by posting the amended terms on this Site.
You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by BCBG Max Azria will infringe or violate any rights of any third party. You agree to defend, indemnify and hold BCBG Max Azria and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the "Affiliates") harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any Material posted or submitted by You. BCBG Max Azria reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to BCBG Max Azria on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively "Comments") shall be and remain BCBG Max Azria's property. Any such disclosure or submission of Comments shall constitute an assignment to BCBG Max Azria of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. BCBG Max Azria will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BCBG Max Azria is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.
PROMOTIONS
By participating in surveys, sweepstakes, contests or promotions on this Site, and/or requesting promotional information or product updates, You hereby agree that BCBG Max Azria may use information about You for marketing, product development and promotional purposes. You agree that BCBG Max Azria may use information about You and Your use of this Site in any manner that does not reveal Your identity and/or consistent with the terms of BCBG Max Azria's Privacy Policy. Further, You agree that BCBG Max Azria may send You electronic mail for the purpose of advising You of updates to this Site, providing You with information on BCBG Max Azria products or for such other purposes as BCBG Max Azria deems appropriate. Please see Official Rules available for specific surveys, sweepstakes, contests or promotions for further details.
TEXT MESSAGING
We may also ask you to consent to receive text message communications from us. You may opt-out entirely of receiving any text messages from us—promotional, transactional, or otherwise—by replying STOP to any text message you receive from us. Message and data rates may apply. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any text messages and text message services are provided on "As is" basis.
CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Site. You acknowledge and agree that BCBG Max Azria is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. BCBG Max Azria will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
BCBG MAX AZRIA PRODUCTS
The BCBG Max Azria products displayed on this Site may be available through this Site or at select BCBG Max Azria retail stores in the United States of America and foreign markets. However, BCBG Max Azria cannot guarantee that the products appearing on this Site will be available through this Site or at every authorized BCBG Max Azria retailer; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by BCBG Max Azria at any time without notice. For United States customers, prices displayed on the Site are quoted in U.S. Dollars. For International customers, prices are displayed in designated currency, which is in customer’s local currency in most cases, but in US Dollars for some International countries. BCBG Max Azria will display colors of products as accurately as possible, however BCBG Max Azria cannot guarantee that Your monitor will display the correct colors. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered herein.
Products offered for sale on this Site are for Your personal use only, not for re-sale. BCBG Max Azria reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms, BCBG Max Azria business practices, applicable laws or policies.
Please contact BCBG Max Azria via email here. Our hours are 7 a.m. to 7 p.m. Central Time, Monday through Saturday, except when closed in observance of the following holidays: New Year’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day and Christmas Day. If you need assistance with ordering products on this Site.
INTELLECTUAL PROPERTY RIGHTS
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit or create derivative works of the Materials or the Site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. All Materials and content on this Site are the exclusive property of BCBG Max Azria and protected by U.S. and international copyright laws.
"BCBG Max Azria Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, graphics and other designations BCBG Max Azria uses in connection with its products and services, including but not limited to BCBG MAX AZRIA, and MAX AZRIA. You may not remove or alter any BCBG Max Azria Trademarks, or use the BCBG Max Azria Trademarks, without BCBG Max Azria's prior written consent. You acknowledge BCBG Max Azria's rights in BCBG Max Azria Trademarks and agree that any use of BCBG Max Azria Trademarks by You shall inure to BCBG Max Azria's sole benefit.
Certain activities provided via the website may be covered by U.S. Patent 5,930,474.
DISCLAIMER OF WARRANTIES
THIS SITE AND ITS MATERIAL ARE PROVIDED "AS IS" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BCBG MAX AZRIA DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND BCBG MAX AZRIA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BCBG MAX AZRIA BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT BCBG MAX AZRIA OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold BCBG Max Azria harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with Your use or misuse of this Site and the Material or Your violation of any provision of these Terms.
CONSENT TO PRIVACY POLICY
By using this Site, You agree to comply with all applicable laws and regulations, and the terms of BCBG Max Azria's Privacy Policy at https://bcbg.com/pages/privacy, with respect to any access, use and/or submission by You of any personal information in connection with this Site.
MISCELLANEOUS
Language
For any order under these Terms, the language available for the conclusion of a contract is English only, which language shall be controlling in all respects. Furthermore, all communications and notices made or given pursuant to an International order shall be in the English language exclusively.
Refund and Return Policy
Please click here to review our return and exchange policy.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the Site is BCBG IP Holdings LP, 330 West 34th Street, 15th Floor, New York, NY 10001.
To file a complaint regarding the Site or to receive further information regarding use of the Sites, send a letter to the above address or contact BCBG Max Azria via e-mail here (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
Website Accessibility
BCBG IP Holdings LP ("BCBG") is committed to making our website accessible to all of our customers. BCBG strives to constantly improve website accessibility and welcomes your feedback. If You encounter any concerns when accessing the website, please contact our guest services department here. Our hours are 7 a.m. to 7 p.m. Central Time, Monday through Saturday (excluding holidays).
