Terms of Use

Welcome to barneyswarehouse.com (the “Web Site”), which is part of the Barneys family of company sites, including Barneys New York and Barneys Warehouse (collectively “Barneys,” “us,” “we” or “our”). This Web Site is operated by Barney’s Inc. d/b/a Barneys New York.

By using the Web Site, you agree to these Terms of Use. PLEASE REVIEW THESE TERMS OF USE CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MUST REFRAIN FROM USING THE WEB SITE IMMEDIATELY.

We may change or update these Terms of Use, so please check this page regularly. Any modifications to these Terms of Use will become effective when published on the Web Site. Your continued use of the Web Site after any modifications of these Terms of Use constitutes your agreement to be bound by the modified Terms of Use.

PLEASE NOTE THAT THE “ARBITRATION AND JURISDICTION” SECTION BELOW REQUIRES ALL CONTROVERSIES OR CLAIMS ARISING BETWEEN YOU AND BARNEYS AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES HEREUNDER (WITH LIMITED EXCEPTIONS) TO BE RESOLVED IN BINDING ARBITRATION. BY USING THE WEB SITE, EXCEPT AS OTHERWISE NOTED BELOW, YOU WAIVE, KNOWINGLY AND VOLUNTARILY, ALL RIGHTS TO PROCEED IN A COURT OF LAW IN CONNECTION WITH ANY SUCH CONTROVERSY OR CLAIM, INCLUDING THE RIGHT TO A JURY TRIAL OR TO BRING OR PARTICIPATE IN A CLASS ACTION. PLEASE VIEW THE “ARBITRATION AND JURISDICTION” SECTION BELOW.

AUTHORIZED USE AND ACCESS

The Web Site is intended solely for your personal, non-commercial use. We may change the contents of, suspend or limit access to, or discontinue the Web Site, or any portion thereof, at any time without notice. You acknowledge that, from time to time, you may not be able to access the Web Site, including, without limitation, due to (i) technical difficulties; (ii) repairs or maintenance which we may undertake as needed; or (iii) causes beyond our control or which we cannot reasonably foresee. You further acknowledge that Barneys does not represent or warrant that the information on the Web Site is accurate, reliable, complete, comparative to the market or current, including with respect to pricing, discount, sales and availability information. Without limiting the generality of the forgoing, Barneys does not represent or warrant that the quality of any products, services, information or other material obtained by you through the Web Site will meet your expectations or needs. Barneys reserves the right to correct any errors or omissions, and to change or update information, at any time without prior notice, but is under no obligation to do so and does not represent that it shall correct any errors or omissions.

All products and services purchased on or through the Web Site are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if applicable. To the fullest extent applicable by law, Barneys and its parent, subsidiaries, affiliates and its and their shareholders, officers, directors, employees and representatives disclaim all warranties of any kind, either express or implied, with respects to the products and services listed or purchased on or through the Web Site.

PROPRIETARY RIGHTS; UNAUTHORIZED USE

All content of the Web Site (including designs, sounds, pictures, page headers, text, graphics, logos, button icons, images, software, and other files and the selection and arrangement thereof, as well as any intellectual property rights therein) is the property of Barneys or our licensees or suppliers and is protected by United States and international patent, trademark, trade secret, copyright and other intellectual property laws. Barneys reserves the right to enforce its intellectual property rights to the fullest extent of the law.

The trademarks, trade dress, logos, service marks and trade names of Barneys and our affiliates (collectively, the “Barneys Marks”), including without limitation the “Barneys,” “Barneys New York” or “Barneys Warehouse” names, may not be used, altered, modified or copied in any manner without our prior written permission. If you use the “Barneys”, “Barneys New York” or “Barneys Warehouse” names to reference Barneys or its products, you may not represent, either expressly or by implication, that you are endorsed, sponsored, or supported by Barneys or the Web Site. All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

You may electronically copy and print hard copies of pages from the Web Site solely for personal, non-commercial purposes related to placing an order or shopping on the Web Site or in Barneys Warehouse retail stores. Any other use of the Web Site or any of its contents, including reproduction, distribution, or public display of, or creation of works that derive from, the Web Site or its content, in whole or in part, is strictly prohibited without our prior written permission.

You agree not to use this Web Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Web Site. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Web Site without prior written consent from Barneys. Further, you may not use any such automated means to manipulate the Web Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Web Site or any other user's use of the Web Site, including, without limitation, via means of overloading, “flooding,” “mailbombing” or “crashing” the Web Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. Running or displaying this Web Site, or any information included on this Web Site, in frames or through similar means on another website without prior consent from Barneys is prohibited. You may not resell use of, or access to, the Web Site to any third party without our prior written permission. Any permitted links to this Web Site must comply with all applicable laws, rules and regulations.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, NO LICENSE IS GRANTED TO YOU AND NO RIGHTS ARE CONVEYED BY VIRTUE OF ACCESSING OR USING THE WEB SITE. ALL RIGHTS NOT GRANTED UNDER THESE TERMS OF USE ARE RESERVED BY BARNEYS.

REGISTRATION AND PASSWORDS

When accessing certain services on the Web Site (including placing orders), you may be required or invited to provide specific information. All information you provide must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use, whether or not authorized, under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

DISCLAIMER; LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (I) BARNEYS AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, AS TO NON-INFRINGEMENT, TITLE, MERCHANTABILITY, SECURITY OR FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM INTERRUPTIONS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREEDOM FROM ERRORS), WITH RESPECT TO THIS WEB SITE, ITS CONTENT, AND THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH IT, ALL OF WHICH ARE PROVIDED "AS IS," AND (II) BARNEYS AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOST OPPORTUNITIES, LOST INFORMATION, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEB SITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE THE BASIS OF THE BARGAIN BETWEEN YOU AND BARNEYS, AND THE PRODUCTS, INFORMATION AND SERVICES AVAILABLE AND OFFERED ON THE WEB SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

GOVERNING LAW

The laws of the State of New York will govern these Terms of Use and any dispute of any sort that might arise, without regard to principles of conflict of law.

ARBITRATION AND JURISDICTION

EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR PURCHASES FROM OR USE OF THE WEB SITE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK.

YOU ACKNOWLEDGE THAT THERE IS NO JUDGE OR JURY IN AN ARBITRATION AND THAT COURT REVIEW OF AN ARBITRATION IS LIMITED. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF YOU AND BARNEYS AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES HEREBY WAIVE, KNOWINGLY AND VOLUNTARILY, ANY RIGHT YOU MAY HAVE TO SUE IN COURT, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO A JURY TRIAL OR TO BRING OR PARTICIPATE IN CLAIMS AS A PLAINTIFF OR MEMBER OF A CLASS IN ANY PURPORTED MULTI-CLAIMANT, REPRESENTATIVE OR CLASS PROCEEDING.

NOTWITHSTANDING THE ABOVE ARBITRATION REQUIREMENT, BARNEYS AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES MAY BRING SUIT IN COURT FOR ANY CLAIM BROUGHT PURSUANT TO SECTION 7 BELOW OR TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE TERMS OF USE AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE TERMS OF USE, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE FEDERAL AND STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE WEB SITE OR THESE TERMS OF USE MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Barneys and its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees and representatives against all claims, demands, causes of action, losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting or arising from or relating to your use of or conduct at the Web Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Web Site, your breach of these Terms of Use, your infringement or violation of any intellectual property rights.

UNSOLICITED CONTENT

Barneys does not knowingly accept unsolicited submissions of content from users of the Web Site. Except for information you provide to us to place an order, which shall be treated in accordance with our Privacy Policy, any comments or other submissions of content of any kind sent by you to us (“Unsolicited Content”) will be deemed non-confidential and do not give rise to any contractual relationship or other obligation of Barneys to you with respect to the Unsolicited Content. Further, any Unsolicited Content, including without limitation all feedback concerning the Web Site or the products or services offered therein, shall become the sole property of Barneys, including worldwide intellectual property rights therein, and you hereby assign to Barneys all rights to use such Unsolicited Content in any manner whatsoever without any compensation, credit, or notice of any kind.

INTERNATIONAL ACCESS

The Web Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Web Site. We make no representations regarding the legality of this Web Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

MISCELLANEOUS

Our failure to exercise or enforce any of our rights pursuant to these Terms of Use shall not operate as a waiver of such right (or any other right) or prevent a subsequent exercise of such right. These Terms of Use shall be enforced to the fullest extent permissible by law. If any provision of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any arbitrator or court of competent jurisdiction in a proceeding brought in accordance with these Terms of Use, such provision shall be deemed ineffective and shall be changed and interpreted so as to best accomplish its objectives within the limits of applicable law, but the validity and enforceability of any remaining provisions shall remain unaffected.

Any notices we may be required by applicable law to provide to you will be effective upon our (a) sending an e-mail message to you at your e-mail address on file with us or (b) publishing such notices on the Web Site.

These Terms of Use or your use of the Web Site shall not be construed to create any joint venture, partnership, or agency or employment relationship between you and us, or between you and our parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees and representatives.

Nothing contained in these Terms of Use limits our right to comply with requests or requirements pursuant to applicable law regarding use of the Web Site or information provided to or collected by us connection with such use.

These Terms of Use constitute the entire and only Terms of Use between Barneys and each user of the Web Site with respect to the subject matter of these Terms of Use.

Should you have any questions regarding these Terms of Use you may contact us at webservices@barneys.com.