Terms & Privacy

General

Effective date of Terms of Service: ©2019 ONLY NY SITE TERMS

Please review the following Terms of Service (collectively with ONLY NY INC Ordering Terms, the “Terms of Service” or “Terms”) that govern your use of, and purchase of, products from ONLYNY.COM (the “Site”).

Acceptance

Please note that your use of ONLYNY.COM, including but not limited to browsing the Site or the features, content, or applications offered by ONLY NY INC (“we”, “us”, or “our”) constitutes your agreement to follow and be bound by those Terms. We may, from time to time, change the Terms that govern your use of ONLYNY.COM. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move, or delete portions of, or may add to, ONLYNY.COM from time to time without notice to you.

Certain services may be subject to additional terms and conditions specified by us, your use of such services is subject to those additional terms which are incorporated into these Terms of Service by this reference.

Registration

You may use the Site without registering for a user account (an “Account”). However, some features of our Site may require you to create an Account. You must provide accurate and complete information. You shall not provide information with the intent to impersonate another person, use a name subject to any rights of a person other than you, or use a name that is otherwise offensive or obscene. You alone are responsible for the activity that occurs on your Account and for keeping your Account secure. You may never use another person’s Account without permission.

Site Contents

Definition

For purposes of these Terms of service, the term “Content” includes, without limitation, all materials including images, illustrations, designs, icons, photographs, video clips, written posts and comments, software, and other materials that appear as part of ONLYNY.COM copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by ONLY NY INC collectively, and its subsidiaries and/or affiliates ("ONLY NY INC") that have been provided or otherwise made accessible through the Site. For the purposes of this Agreement, “Content” also includes all “User Content as defined below.

ONLY NY INC as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by ONLY NY INC. The contents of the Site, and ONLY NY INC as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of ONLYNY.COM. You may download or copy the contents and other downloadable materials displayed on our Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Site or Content.

User Content

All Content created, added, submitted, or posted to the Site by users (collectively “User Content”), whether publicly or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all content is accurate and in compliance with applicable laws, rules, and regulations. You agree that no submission by you to ONLYNY.COM will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no submission by you to ONLYNY.COM will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any submission you make.

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to ONLYNY.COM on or by ONLYNY.COM or otherwise disclosed, submitted, or offered in connection with your use of ONLYNY.COM shall be and remain ONLY NY INC's property. Such disclosure, submission, or offer of any submission shall constitute an assignment to ONLYNY.COM of all worldwide rights, titles, and interests in all copyrights and other intellectual properties. Thus, ONLYNY.COM 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 submission. ONLYNY.COM is and shall be under no obligation (i) to maintain any submission in confidence; (ii) to pay to user any compensation for any submission; or (iii) to respond to any user submission.

You agree that ONLYNY.COM may use and/or disclose information about your demographics and use of the ONLYNY.COM in any manner that does not reveal your identity. By participating in ONLYNY.COM sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that ONLYNY.COM may use your information for marketing and promotional purposes.

Links & Third Party Services

The Site may contain links to other websites or resources on the Internet, and other websites may contain links to our Site. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, legality, appropriateness, or any other aspect of such websites or resources. Any link to another site or any reference to information, products, or services supplied by third parties, in no way implies that ONLYNY.COM has given its approval concerning those sites or articles. The inclusion of any such link does not imply our endorsement. Any question or comment concerning any other site must be sent to that site's operator. No link with the Site is authorized without ONLYNY.COM’s prior written approval.

Termination

These Terms of Service are applicable to you upon your accessing the Site or completing the registration or shopping process. These Terms of Service, or any of them, may be terminated by ONLYNY.COM without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. 

Indemnification

You agree to defend, indemnify, and hold ONLYNY.COM harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 

Privacy Policy

This policy (“Privacy Policy”) describes how ONLY NY collects and uses the information of its users. This Privacy Policy applies each time a user accesses the ONLY NY Website and uses its services, regardless of whether or not a purchase is made. By using and accessing the Website or registering and/or making purchases on the Website, you accept the terms of this Privacy Policy.

When you use the Website, we may collect your personal information (data that personally identifies you), or aggregate information, concerning your use of the Website and your account activity (e.g., number and times of logins, most frequently visited pages, IP address, etc.), which does not personally identify you.

The Website uses Secure Socket Layer (SSL) software and similar encrypting systems to protect your information when you purchase products on the Website. Only employees, contractors and agents of the Website operator may access user information on a need to know basis. While we make reasonable efforts to ensure your information is processed and stored in a secure manner, we cannot guarantee the security of data transferred over the Internet and you assume the risk of any such transfer.

You may update, correct, or remove your personal information at any time by contacting us at [email protected] We may ask that you identify yourself and the information you wish to change or delete for security purposes, and we will comply with your request as soon as reasonably possible. By removing some of your information, you may not be able to access some of the Website’s features. We may keep some of your personal information if required by law and/or for recordkeeping purposes.

ONLY NY respects our customers' Account information as private and confidential information and will never share this information with any outside affiliations or individuals.

ONLY NY Communicates to You

You agree that ONLYNY.COM may send electronic mail to you for the purpose of advising you of changes or additions to this ONLYNY.COM, about any of our products or services, or for such other purpose(s) as ONLYNY.COM deems appropriate.

Miscellaneous

These Terms of Service are the entire agreement between you and us with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Site.

Unless otherwise specified and except to the extent ONLYNY.COM products are offered for sale in the United States through ONLYNY.COM, the contents thereof are displayed solely for the purpose of promoting ONLYNY.COM’s products and services available in the United States and select foreign markets. ONLYNY.COM is controlled and operated by ONLY NY INC from its office in New York, New York.

Product Information

Most ONLY NY INC products displayed on ONLYNY.COM are available in select stores in the United States and around the world while supplies last. In some cases, merchandise displayed for sale may not be available in stores. The prices displayed at ONLYNY.COM are quoted in U.S. Dollars and are valid and effective only in the United States.

Product Availability

Although availability may be indicated on ONLYNY.COM, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. In the event that a product you ordered becomes unavailable and will not be restocked, we will notify you immediately by email and we will not bill you for items that are not shipped. In the event that a product will be significantly delayed in delivery, we will contact you before processing your order.

Price Match & Sale Adjustment

ONLYNY.COM does not offer any price matching at this time. We do offer a sale price adjustment on items purchased at full price up 24 hours prior to commencement date of sale or markdown. Sale price adjustments can be claimed within a 7 day window of original purchase and will be issued as a partial refund. The exact style, color, and size you are purchasing must be available at a lower price on sale at time of sale adjustment request. Items originally purchased on sale or using a special promotion are not eligible for sale adjustments. Email [email protected] for all sale adjustment inquiries.

Purchase for Personal Use Only

You may purchase products only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on ONLYNY.COM. 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.

Sizing

All items are measured in inches. Width is measured from pit to pit (where sleeve opening meets body). Length is measured from high point shoulder or HPS (where the shoulder meets the neck opening) to the hem (bottom of the garment). Please use the below graphic for reference.

Inaccuracy Disclaimer

From time to time there may be information on ONLYNY.COM that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Disclaimer

ONLYNY.COM and all contents of the site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.  You acknowledge, by your use of the site, that your use of the site is at your sole risk, that 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 our site, and that ONLYNY.COM shall not be liable for any damages of any kind related to your use of this site.

Fraud Prevention

ONLYNY.COM is committed to maintaining the highest levels of security and protection against fraud. As a cardholder, it is your responsibility to ensure your account is being used ethically and honestly.

Please read our Terms of Service carefully before buying anything. Do not complete your purchase unless you agree to the policies stated in our Terms of Service.

We take chargebacks seriously. If you believe fraud has transpired and plan to issue a chargeback through your credit card holder, we ask that you first contact us to see if we can remedy the situation.