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Terms & Conditions


CONTACT US

For Product or Online Order related inquiries please contact us via email at customerservice@ivykirzhner.com.

RETURNS / EXCHANGES

***PLEASE NOTE IMPORTANT UPDATES TO OUR RETURN POLICY AS OF JANUARY 5TH 2017***

Our company stands by the quality and workmanship of our products, and customer satisfaction is important to us.  If you are dissatisfied with your purchase, please review our return policy in order to guarantee the exchange of your purchase. All items purchased through our website can be exchanged in store, or through our online process noted below. We only issue store credit or exchanges for returned items.

For online purchases through our website, Saint & Libertine New York LLC (Saint & Libertine) will accept merchandise in its original condition for exchange or store credit when accompanied by the original sale slip and the original shoebox and dust bag in their original condition within 14 days. All shoes must be tried on for fit and size on clean, carpeted surfaces only until you are sure that you will be keeping them. We will only accept returns of footwear that HAVE NOT BEEN WORN OR ALTERED, WITHOUT ANY MARKS ON THE OUTSOLES, UPPERS, HEELS/HEEL TAPS AND LININGS.  FINAL SALE ITEMS MAY NOT BE RETURNED.  Merchandise must be returned within 14 days from the date of delivery, i.e., your return shipment must be postmarked within 14 days from receipt of your order. For exchanges, only delivery shipping costs will be refunded.

Regular WEAR-and-TEAR are NOT ELIGIBLE for exchanges. Regular wear-and-tear include:

    a. Cosmetic scuff on uppers
    b. Regular outsole wear and cosmetic scuffing on outsole finishing.
    c. Scuffing on ornaments
    d. Any sort of visible wear that resulted from customer wear
    e. Any damage claims resulted from apparent misuse or unreasonably prolonged wear.
    f. Our company holds no obligation for any visible wear-and-tear incurred by the wearer that does not render the product unwearable due to quality or production issues.

For any mechanical defects or quality control issues please contact customerservice@ivykirzhner.com with images of the item and a brief description.

EXCHANGES

In order to exchange merchandise, please contact us at customerservice@ivykirzhner.com regarding the product(s) you would like to exchange. All items received that have not been preauthorized by our company will not be processed and will be shipped back to the shipping address provided on the original order with Cash on Delivery terms. For the authorized items, our company will provide a Return Authorization Form to include with the return shipment.

Please state the reason for the exchange and you must include photographs of the shoes to show the state of their condition. All returns must be in the original shoe box, shoe bag and use original packaging material to protect the shoes in transit. Place the box in an appropriate shipping box. Do not send shoes back with the Ivy Kirzhner Shoebox exposed, it will not be accepted.

Keep maintain the record of your tracking number.

Drop off your package at a FedEx store or drop off location (for your closest location please visit www.fedex.com)

Saint & Libertine reserves the right to refuse any return or exchange on merchandise that does not meet the above requirements. If your package is not accepted, it will be sent back to you at your expense and an exchange or credit cannot be granted.

PROCESSING TIME

Every effort will be made to ensure a prompt exchange and an email notification will be sent once your return has been processed. Once your return is received it will be inspected and your replacement item will be shipped out. If your return is for store credit, you will receive a notification within 24-48 hours with a unique one-time use checkout code with your credit. This code can be used at our store on online. This unique code expires immediately once it has been used. A new unique code will be issued for any remaining credit.  

INTERNATIONAL SHIPMENTS

A flat fee of $115.00 will be charged to cover the shipping cost. This flat fee will cover the shipping cost only, duties/taxes/customs will be covered by the customer. We do not refund or cover duties/taxes/freight/customs for in-store credits or exchanges. 

ORDER PROCESSING AND DELIVERY

All orders placed on a weekday before 1:00 p.m. (EST) will generally begin processing that day. Orders placed after 1:00 p.m. (EST) will generally begin processing the next business day. Orders placed on weekends or holidays will generally begin processing on the next business day.

All orders are subject to review and Saint & Libertine reserves the right to request additional identification information and to ship the order to the billing address. The billing information provided must be able to be verified and must match what your bank has on file. Please ensure the cardholder is available to confirm the order details. When you place an order on our website, we will only charge your credit card once we have verified your card details, received credit authorization, confirmed stock availability, and your order is ready to be shipped. Your credit card will not be charged at the time you submit your order but will be authorized for $0.00 or $1.00 for verification purposes. Please allow a minimum of 24 hours for this process in addition to your shipping time.

Orders qualify for free UPS ground shipping. Expedited shipping options may be available upon checkout depending upon the delivery address.

PRODUCT AVAILABILITY

Although we make every effort to keep the list of available stock on our site updated, there may be occasions when we are sold out of a style you have ordered. If we are out of stock on an item that you've ordered, we will notify you via e-mail. Any changes will be reflected in your order total as well as your shipping confirmation. We reserve the right to limit the quantity of products we supply, supply only part of an order, or to divide up orders.

ACCOUNT

Creating an account

You can register for an online account by clicking here.

Managing your account

When you log in to your account, you will be able to do the following:

  • Proceed through checkout faster when making a purchase
  • Check the status of orders
  • View past orders
  • Make changes to your account information
  • Change your password
  • Store alternative addresses (for shipping to family members and friends!)

Forgotten Passwords

If you have forgotten your password, we can send a new password to you through a secure connection to the email you submitted upon registration. Click here to receive a new password. Once you have successfully logged back into your account you may change your password.

CHANGES/CANCELLATIONS

Please be advised that if you wish to cancel or modify your order, you must send an email as soon as possible to customerservice@ivykirzhner.com. We will make every effort to accommodate your request. However, once an order has been submitted and has begun processing we cannot guarantee the purchase can be canceled or modified.

PRICING

Prices displayed on the Ivy Kirzhner website are quoted in U.S. dollars. While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you within 48 hours, we will treat the order as canceled. You agree that the risk of loss or damage to products you order from this website passes to you on the delivery of the products, provided that we have received payment in full for the products.

PAYMENT

Ivy Kirzhner accepts the following credit cards for online purchases:

  • American Express
  • Visa
  • Mastercard
  • Discover

SALES TAX

State laws require that we charge applicable sales tax on orders shipped to New York, where our corporation is located. If applicable, your sales tax will be automatically calculated and added to your order during checkout.

Important Sales Tax Information for Colorado Customers

Ivy Kirzhner is not obligated to, and does not, collect Colorado sales tax. Your purchase is subject to Colorado sales tax unless it is specifically exempt from taxation. The purchase is not exempt merely because it is made over the Internet or by other remote means. The State of Colorado requires that the taxpayer files a sales/use tax return at the end of the year reporting all of the purchases that were not taxed and to pay tax on those purchases. Retailers that do not collect Colorado sales tax are obligated to provide purchasers an end-of-year summary of purchases in order to assist purchasers in filing their tax report. Details of how to file this return may be found at the Colorado Department of Revenue's website, www.taxcolorado.com. Retailers that do not collect Colorado sales tax are required by law to provide the Colorado Department of Revenue with a report of the total amount of all of your purchases at the end of the year above certain thresholds set by the Colorado Department of Revenue.

CARE

Ivy Kirzhner NEW YORK utilizes fine materials and old-world techniques in our shoes. They are designed to be sturdy, but the fine materials require care and delicate use. We strongly recommend consulting a leather care professional or cobbler for specific advice and maintenance.

General care for all leathers:

  • Keep leather surface clean and dry using a dry, soft cloth.
  • Always store your footwear away from light and heat.
  • Protect leather goods from rain and humidity.
  • When not in use, store your footwear in the Ivy Kirzhner dust bag provided.
  • Avoid contact with abrasive surfaces.

AUTHENTIC IVY KIRZHNER GUARANTEE

Ivy Kirzhner sells its quality products though www.ivykirzhner.com and the select retailers listed in our stockist. We cannot guarantee merchandise purchased from other sources will not be counterfeit, tampered with, second-hand or of another doubtful origin. All other websites with the name of Ivy Kirzhner are illegal and may sell counterfeited products.

ERRORS AND INACCURACIES

Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.

TERMS AND CONDITIONS OF USE

This website (the “Site”) is published and maintained by Saint & Libertine New York LLC (the “Company”). When you access, browse, or use this Site or any of its features you accept and agree to, without limitation or qualification, the terms and conditions set forth below.

Your Right to Use the Site and its Contents

 

The Site is only for the personal use of individuals 18 years of age or older who reside in the United States. Upon registration, you will have a unique username, which will be the same as your e-mail address. The Company will allow you to choose a password to be used in conjunction with your username to access the Site. You are not authorized to access the Site through use of any username and password other than the one under which you are registered.

You agree to (i) provide accurate, current and complete information about you as may be prompted by any forms for the Site (“Personal Information”); (ii) maintain and promptly update the Personal Information and any other information you provide to the Company, to keep it accurate, current and complete; (iii) maintain the confidentiality of your username and password to access the Site; and (iv) accept full responsibility for all consequences of all actions initiated and all conduct that occurs under your username and password.

You may not distribute, exchange, modify, sell, or transmit anything you copy from the Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with these Terms and Conditions of Use, the Company grants you a world-wide, non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site or any services offered through the Site in any way. Notwithstanding anything to the contrary, the Company reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Site or any services offered through the Site. You understand and agree that the Company may do so without any liability whatsoever.

Content of the Site

The Company may, from time to time, make newsletters, messaging services, chat services, bulletin boards, message boards, blogs, other forums, new product updates and other such services available on or through the Site (the “Services”). In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any of the Services, any materials which:

(i) restrict or inhibit any other individual from using and enjoying the Site or the Services;

(ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous or defamatory;

(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

(iv) violate or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;

(v) contain a virus, spyware, malware or other harmful component;

(vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind;

(vii) constitute or contain false or misleading indications of identity, origin, endorsement or statements of fact.

Monitoring

 

Nothing in this Agreement shall require the Company to monitor or edit the Site for objectionable or infringing materials. If at any time the Company chooses, in its sole discretion, to monitor or edit the Site, the Company nonetheless assumes no responsibility for any submission by users unaffiliated with the Company (“Users”), no obligation to modify or remove any inappropriate materials or information, and no responsibility for the conduct of any User. The Company does not endorse and has no control over what Users post or submit to the Site. The Company reserves the right, in its sole discretion, to reject, refuse to post or remove any submission, posting or other data, in whole or in part. You understand and agree that the Company has no liability whatsoever if it refuses to post your submissions or edits, restricts or removes your submissions.

Ownership

 

The Company does not claim any ownership rights in any audio, images, software, text, artwork, video clips and other materials (“Content”) that Users upload, transmit or post to the Site ("User Content"). However, by uploading Content to the Site, transmitting Content through using the Services, or otherwise providing Content to the Company, you grant the Company a world-wide, royalty-free, non-exclusive, perpetual, irrevocable and sub-licensable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Site and/or the Services without any corresponding compensation to you or to any other individual. The Company will treat any User Content as non-confidential and public. Please do not submit confidential or private information. You also agree that any other User of this Site or the Services may access, view, store or reproduce any of your Content for such User's personal use or otherwise in connection with use of the Site and/or the Services. User Content should not be accepted or construed as professional advice or instruction.

The Site also contains content owned by or licensed to the Company ("Company Content"). The Company owns and retains all rights in the Company Content including all intellectual property rights. The Company hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Company Content (excluding any software code) solely for your personal, non-commercial use to view the Site and otherwise as necessary to use the Services. Otherwise, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Company Content. If you download any Company Content from the Site, you may not remove any copyright or trademark notices or other notices that accompany it. Except as set forth above, nothing contained in this Terms and Conditions of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of the Company or any third party. All licenses not expressly granted by the Company are reserved.

Prohibited User Conduct

 

You warrant and agree that, while using the Site and the Services, you shall not: (i) impersonate any person or entity, whether actual or fictitious, including any Company representative or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding or other promotional material into any of the Content, or use, redistribute, republish or exploit such Content or the Service for any commercial or promotional purposes; or (iii) attempt to gain unauthorized access to other computer systems through the Site or the Services.

You also shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the Services, including without limitation any information residing on any server or database connected to the Site or the Services; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Site or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or the Services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Site or the Services in violation of the intellectual property or other proprietary or legal rights of the Company or any third party; or (v) use the Site or the Services in violation of any applicable law.

You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any Content, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or any of the Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

Trademarks and Copyrights

 

There are a number of (i) proprietary logos, service marks, and trademarks including, but not limited to, the IVY KIRZHNER® mark, the Art Deco Cloisonné Design® mark and the IK Buckle® mark (“Marks”); and (ii) copyright-protected graphic images including, but not limited to, photographs and other visual depictions of Company products (“Images”) found on the Site. All of the Marks and Images are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Site, the Company is not granting you any license to utilize the Marks or Images. You acknowledge and agree that you have no rights, title, or interest in or to the Marks or the Images and that you will not adopt, use, or attempt to register any of the Marks or Images or any mark or image confusingly similar to or derived from any of the Marks or Images.

Infringement of Intellectual Property Rights

 

You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, or other proprietary materials without obtaining the prior written consent of the owner of the rights to such material. The Company may deny access to the Site or the Services any User who is alleged to infringe another party’s intellectual property rights including, but not limited to, rights of copyright and trademark. Without limiting the foregoing, if you believe that your rights of copyright have been infringed, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Site of the material that you claim is infringing; (iv) your address, telephone number, and e-mail address; (v) a written 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 (vi) 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 authorized to act on the copyright owner's behalf. The Company’s Copyright Agent for notice of claims of copyright infringement can be reached by mail at Copyright Agent via electronic mail at info@ivykirzhner.com.

Security of Electronic Transmissions

 

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site or through the Services may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.

Links to/from Other Websites

 

The creation and operation of a hyperlink to this Site can only be made with the prior written authorization of the Company. However, the Company may, without notice and in its sole discretion, temporarily or permanently, at any time, revoke any such authorization without any liability.

The Site may contain links to other Internet sites or be accessible through links from other Internet sites on the World Wide Web. The Company provides and allows such links for your convenience only, and is not responsible for the content of any website linked to or from the Site. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Descriptions of Products and Services

 

The Company attempts to provide accurate descriptions and visual representations of all products displayed on the Site. However, the Company makes no representation or warranty whatsoever as to the reliability, accuracy, timeliness, usefulness or completeness of any information or graphic images on the Site or available through the Services.

Availability of Products and Services

The products and Services offered on the Site may not be available or accessible in your particular state or locality. The reference to the products and the Services on the Site does not imply or warrant that any specific product or Service will be available at any time in your particular location. Furthermore, the Company reserves the right to alter, modify, add or discontinue completely any of the products or Services, temporarily or permanently, at any time, in its sole discretion, without notice and without liability.

The products offered for sale and sold through the Site are intended for your personal use only, and not for resale. By placing an order through the Site, you warrant that you are purchasing the product(s) only for personal use. The Company, in its sole discretion, reserves the right to refuse to fill any orders which it believes are intended for resale.

Right to Change These Terms and Conditions of Use or Site Content

 

The Company may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on the Site apply as soon as they are posted. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Disclaimer of Warranties and Damages

 

YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, THE COMPANY DOES NOT WARRANT THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE OR THE SERVICES.

Limitation of Liability

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE COMPANY, ITS AGENTS OR SERVICE PROVIDERS, SHALL THE COMPANY, ITS AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES THAT RESULT FROM (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE SITE, EVEN IF THE COMPANY OR ANY OF ITS AGENTS OR SERVICE PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS AGENT OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

General Provisions

 

These Terms and Conditions of Use and any additional terms posted on the Site together constitute the entire agreement between the Company and you with respect to your use of the Site and the Services. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions of Use. The Company may assign its rights and duties under these Terms and Conditions of Use to any party at any time without notice to you.

Any alleged claim or cause of action you may have with respect to your use of the Site or the Services must be commenced within one (1) year after the alleged claim or cause of action arises. You hereby waive your right to a jury trial in any such action. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York without reference to its conflicts of law rules. Furthermore, you agree and consent to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in New York County, New York.

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