Last Updated: March 30, 2024
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. PLEASE REVIEW THE ARBITRATION AGREEMENT SECTION FOR DETAILS.
Welcome to www.stuartweitzman.com (the “Site”), the United States online store of STUART WEITZMAN® , which is part of the Tapestry, Inc. brands, hereinafter collectively referred to as "Stuart Weitzman."
COPYRIGHT INFORMATION
Stuart Weitzman owns the Site. Stuart Weitzman owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site (the "Code"). You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of Stuart Weitzman. All names, logos and trademarks which appear on the Site are the property of Stuart Weitzman or are used by Stuart Weitzman under license. Your failure to comply with this Terms of Use will constitute breach of contract and will violate Stuart Weitzman’s copyright, trademark and other proprietary and industrial property rights.
USE OF THE SITE
This Terms of Use governs the Site, and all sites of the affiliates of Stuart Weitzman. By using the Site, you expressly accept and agree to abide by all provisions set forth herein Do not use the Site if you do not accept and agree to the Terms of Use. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and Stuart Weitzman asks that you do not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.
Stuart Weitzman may at any time revise the Terms of Use by updating this page. Any changes to the Terms of Use are effective upon their posting to the Site. You are bound by any revisions and should periodically visit this page to review the current Terms of Use.
You also may be subject to additional Terms of Use that are applicable to certain parts of the Site. Stuart Weitzman may terminate the Terms of Use and deny you access to the Site at any time, immediately and without notice, if in Stuart Weitzman’s sole discretion you fail to comply with any provision of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between Stuart Weitzman and you as a result of this Agreement or your use of the Site
Stuart Weitzman IP LLC is the owner of all of all rights in the STUART WEITZMAN trademarks and logos.
The failure of Stuart Weitzman to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
NO LICENSE
Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Stuart Weitzman.
USE OF INFORMATION SUBMITTED BY YOU
NOTE: THIS SECTION DOES NOT APPLY TO PERSONAL DATA SUPPLIED BY YOU TO THE SITE, SUCH AS YOUR NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND THE LIKE. PLEASE SEE OUR PRIVACY POLICY STATEMENT FOR INFORMATION REGARDING OUR TREATMENT OF PERSONAL DATA.
If you respond to Stuart Weitzman with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of Stuart Weitzman, and your submission of information shall constitute an assignment to Stuart Weitzman of all worldwide rights, titles and interests in such information. Stuart Weitzman will not be liable for any use or disclosure of such information. Stuart Weitzman will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Stuart Weitzman will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
PRODUCT AND PRICING INFORMATION
The information on this Site does not constitute a binding offer to sell products described on the Site. Stuart Weitzman reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Although Stuart Weitzman has made every effort to display the products and their colors as accurately as possible, the DISPLAYED colors of the products will depend upon the monitor of the user and Stuart Weitzman cannot guarantee that the user's monitor will accurately portray the ACTUAL colors of the products. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
While Stuart Weitzman attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. Stuart Weitzman reserves the right to make corrections and changes to the Site at any time without notice. Stuart Weitzman does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STUART WEITZMAN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS AND IMPLIED WARRANTIES, SUCH AS WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. STUART WEITZMAN DOES NOT WARRANT THAT THE SITE IS FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. STUART WEITZMAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. STUART WEITZMAN DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. STUART WEITZMAN DOES NOT HAVE ANY DUTY TO UPDATE THE SITE OR MODIFY THEIR CONTENT OR CODE, AND STUART WEITZMAN SHALL NOT BE LIABLE FOR ITS FAILURE TO UPDATE SUCH INFORMATION. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED ON THE SITES BEFORE RELYING UPON IT.
STUART WEITZMAN MAKES NO WARRANTIES OF ANY KIND REGARDING ANY NON-STUART WEITZMAN WEBSITES TO WHICH YOU MAY BE DIRECTED OR HYPERLINKED FROM THE SITE. HYPERLINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE, AND STUART WEITZMAN MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY OR SAFETY OF INFORMATION PROVIDED IN SUCH NON-STUART WEITZMAN SITES.
IN NO EVENT SHALL STUART WEITZMAN, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE. THE FOREGOING LIMITATIONS OF LIABILITY ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
GIFT CARD DISCLAIMER
Stuart Weitzman reserves the right to refuse to send or transmit gift cards, including e-gift cards that contain vulgar, obscene, abusive, profane or otherwise offensive language.
ADDITIONAL DISCLAIMER
IN NO EVENT SHALL STUART WEITZMAN BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
BORDERFREE TERMS
International orders placed on the US website (www.stuartweitzman.com) will be facilitated through BorderFree in which case BorderFree terms and conditions apply. BorderFree terms and conditions can be viewed here.
INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Stuart Weitzman and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. Without limiting the foregoing, if you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Stuart Weitzman reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Stuart Weitzman in the defense of such matter.
SEVERABILITY
If any provision of the Terms of Use is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
INFORMAL DISPUTE RESOLUTION
We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at TapestryLegal@tapestry.com, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS
You and Stuart Weitzman agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Stuart Weitzman or you and a third-party agent of Stuart Weitzman (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement.. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.
To begin an arbitration proceeding, after the completion of the Informal Dispute Resolution process, you must send us an individual letter signed by you requesting arbitration and describing your claim at Stuart Weitzman Tapestry, Inc., 10 Hudson Yards, New York, NY 10001, USA, Attention: General Counsel. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.
Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms of Use will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Stuart Weitzman will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys' may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Stuart Weitzman from seeking action by federal, state, or local government agencies. You and Stuart Weitzman also have the right to bring qualifying claims in small claims court, as defined by the applicable jurisdiction, or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Stuart Weitzman retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.
Neither you nor Stuart Weitzman may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Stuart Weitzman individual Claims.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.. If for any reason a Claim proceeds in court rather than in arbitration, you and Stuart Weitzman each waive any right to a jury trial. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
This Arbitration Agreement Section of the Terms of Use will survive the termination of your relationship with Stuart Weitzman.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TAPESTRY, INC. ITS SUBSIDIARIES OR AFFILIATES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Mass Arbitration Requirements
If twenty-five (25) or more similar claims are asserted against Stuart Weitzman at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such Claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Mass Arbitration Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Stuart Weitzman The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Stuart Weitzman will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Stuart Weitzman. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Stuart Weitzman will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claim and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Stuart Weitzman. Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
GOVERNING LAW
To the extent any action relating to the use of the Site or any transaction with Stuart Weitzman is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, any dispute arising out of, or relating to, the Terms of Use shall be filed in a court of competent jurisdiction in New York and will be governed by and interpreted and construed in accordance with the laws of the State of New York without regard to any principles of conflicts of law. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in New York, New York for any cause of action relating to or arising under these Terms of Use or the Site.
ENTIRE AGREEMENT AND ADMISSIBILITY
The Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Stuart Weitzman with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.