These terms and conditions apply to the purchase and sale of products (“Products,” each a “Product”) through www.fivestoryny.com (the “Website”). By placing an order for such Products, you agree to be bound by, and accept, these terms and conditions. These terms and conditions are subject to change by Fivestory New York LLC (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this Website, and you should review these terms and conditions prior to purchasing any Product. These terms and conditions are an integral part of the Website terms and conditions that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for goods through this Website.
1. Order Acceptance, Cancellation and Account Registration
Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If applicable, your order will be refunded in the original form of payment. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. Orders placed using credit issued by us (“Site Credit”) will be available immediately to use once the order is canceled. Promotions will be refunded and reactivated in your account, as long as the promotion has yet to expire. Please note that all orders are subject to acceptance and availability and are only guaranteed once they are fulfilled.
In order to access certain features of the Website you may now or in the future be required to register and create an account (“Account”). Such registration may be permitted through certain third party social networking services, including Facebook and Twitter (collectively, “SNS”). When you register through your SNS account, you will be asked to login to the Services using your SNS account credentials. By creating an Account via your account with an SNS, you are allowing us to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. Members have the option to disable the connection between their Account and SNS account at any time by accessing the SNS account and disconnecting access to the Website. You agree not to share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission. We reserve the right to suspend or terminate your Account for any reason, including if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
2. Presale or "Preorder" Orders
We may offer presale orders. Once a preorder period is closed and the preorder accepted by the designer, we will not be able to make changes to the order. This includes size changes, style changes, quantities, etc. We will try to accommodate late preorder requests, but this is purely at the discretion of the designer. Please note that all preorders of jewelry or jewelry-related Products are for “final sale”; accordingly, once they have been placed, such preorders cannot not be changed or refunded. As soon as the preorder has been placed and the preorder period has closed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. We will attempt in good faith to communicate any delays, production changes, or cancellations to you as soon as it is confirmed by the designer. Any other cancellation requests are at our discretion, and may only be refunded as Site Credit.
3. Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
If you preorder Products, you will be required to pay the specified Product price in full, exclusive of shipping fees and taxes. Plus shipping fees, and any taxes or duties owed at such time as the Product is ready for shipment.
Please be aware that because of the “pre-sale” nature of such transactions, you should expect a wait period of approximately four to six (4 to 6) months between the date you place your order and the date that the Product is ready for shipment, and that pre-order delivery dates are not assured and may be subject to delay. If we are notified (by the designer, manufacture, vendor, etc.) that the Products you have preordered will not be manufactured or delivered (and that all monies deposited or paid by us in respect of such preorders, if any, will be refunded) your order will be canceled and your monies will be refunded.
4. Changes in Products and Pricing
We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. If the price of an order changes after you’ve paid for it in full or after you’ve paid the down payment, your order will be canceled and your monies refunded.
We endeavor to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.
We may, without prior notice, change the Website, stop providing any services or offering any Products for sale, or create usage limits. We may permanently or temporarily terminate or suspend your access to the Website without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these terms and conditions. Upon termination of these terms and conditions, your access to the Website will continue to be bound by the terms of these terms and conditions, which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
5. Shipping Fees, Taxes, and International Duties
If you are shipping within the United States of America, sales tax will be charged on orders shipping to New York State and California. For preorder Products, this tax will be charged at such time as the Product is ready for shipment and for all other Products, this tax will be charged at the time you place your order for the Product.
No other tax or import duty will be applied to orders shipped within the United States.
When it comes to orders $1,500 and over we will include a signature requirement to ensure safe delivery.
If you wish to include a signature requirement on your order please state this during checkout under Special Instructions or contact customer service immediately.
Note that we are NOT responsible for loss or stolen items.
If you are shipping outside the United States on a DDP (Delivery Duty Paid) basis, import taxes and duties may be automatically applied at the time of checkout, but we may now or in the future permit shipping on a DDU (Delivery Duty Unpaid) basis, where no taxes or duties are charged by us (and you will be responsible and liable for all import duties, customers and local sales taxes levied by the country you are shipping to). For preorder Products, all relevant shipping fees, import taxes, and duties (if applicable) will be charged at such time as the Product is ready for shipment and for all other Products, such shipping fees, import taxes, and duties will be charged at the time you place your order for the Product. The costs of shipping and any import taxes, and duties paid are non-refundable.
If you pay for shipping when you checkout, we do NOT refund the cost of shipping
6. Shipping Policy
We offer a variety of shipping options to meet your shipping needs. Please check the shipping options at checkout for specific delivery options and fees. No C.O.D. orders can be accepted.
Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. These shipping terms, including the terms set forth in any shipping guidelines we may now have or may later adopt, are accepted by you by placing an order with us.
All orders are dispatched with ‘No Signature Required’ and may be left at a residence deemed safe by the delivery company. We are not responsible for any loss or liability or damage that may result from leaving your package at the shipping address without a signature. If you prefer to have your order shipped with ‘Signature Required’ please contact us at customerservice@fivestoryny.com so that we may make arrangements.
We are not responsible for any international shipping delays caused by the customs clearance process.
7. Intellectual Property
Images of people, places or products posted on this Website are either our property, or are used by us with express permission. Unless otherwise noted, all content included on this Website, including images, illustrations, designs, icons, photographs, video clips and written and other materials is our property or our partners or affiliates and is protected by United States and international copyright laws. The compilation of this Website is the exclusive property of ours and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Website only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Website, please contact us at customerservice@fivestoryny.com.
The names, “Fivestory”, “FIVESTORY”, and “Five Story”, and all related names, logos, product and service names, designs, marks and slogans (the “Marks”) are trademarks of ours or our owners, partners, affiliates or licensors. You must not use such Marks without our prior written permission, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Website. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You are granted a limited license to use the Website for personal use only. Such grant does not permit you to do any of the following: (1) use the Website or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including Marks described above) in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website. Notwithstanding any of these terms and conditions, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website for any reason or no reason. Upon termination, these terms and conditions will still apply.
8. Limitation of Liability
In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. We shall not be liable for any losses caused by forces or parties that are outside of our control, including any third party service providers. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our Website. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.
9. Indemnification
You agree to defend, indemnify and hold harmless our store, Website, our, affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (1) your use of the Website, including use of its content, or (2) your violation of these terms and conditions, our Privacy Policy, any other terms or rules applicable to the Website, any rights of any other person or entity, or any applicable laws, rules or regulations.
10. Return Policy
We accept timely returns of new and unused products within 14 days from the date you received your order. Please contact customerservice@fivestoryny.com to return/exchange an item and we will send you a RMA label. Returns can be refunded as Site Credit or, at our discretion, in the form of the original method of payment. Pre-orders placed across multiple cards will be refunded to the same cards used, regardless of the cards being removed from the site, cards expiring, or updating card information.
Your products must be returned in the original packaging, including any boxes, hangers, garment bags, and other signature packaging materials, including our tags and designer hanging tags. Other designer packaging such as belts, dust bags, authenticity cards, and leather tags should all be included where provide.
Any returned products which are damaged, do not include the packaging materials, soiled, or altered may not be accepted and will be returned to you. Refunds or credits will not be processed until the items are returned and inspected by us.
Shoes must be tried on over a carpeted surface to prevent any scratches to the soles. All shoes must be returned in their original shoe box. Shoes returned without the original box, a damaged box, or marked soles may not be accepted and will be returned to you.
Any product returned outside of the 15-day return policy will not be accepted for a refund. No returns or exchanges will be accepted on any Products that are jewelry, jewelry-related, or any other Products that may be described as a “final sale” Product on the Website.
We prefer our products are returned to us using FedEx, UPS, or DHL, or a reputable New York City courier service to ensure the products are protected and insured. However you may return goods at your sole risk and expense using any safe and secured means. Please note that we may not accept liability for any good returned to us outside our own return labels. Returns may be sent to this address:
Fivestory New York 18 East 69th Street, New York, NY 10021
We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your Fivestory account.
11. Governing Law
All matters relating to the Website and these terms and conditions and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these terms and conditions or the Website shall be instituted exclusively in the federal or state courts in and for New York County, New York, although we retain the right to bring any suit, action or proceeding against you for breach of these terms and conditions in your country of residence or any other relevant country.
12. Changes to Terms and Conditions
From time to time we may revise these terms and conditions to reflect changes in the Website or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these terms and conditions at any time in our sole discretion. Your continued use of our Website means that you accept and agree to these terms and conditions as amended or revised by us from time to time, and you should therefore review these terms and conditions regularly to ensure that you are aware of its terms.
13. International Use
We control and operate the Website from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Risk of Loss
Any merchandise purchased from our Website will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
15. Waiver and Severability
No waiver by us of any term or condition set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect.
16. Entire Agreement
These terms and conditions and the Privacy Policy, along with any terms incorporated by reference to which you or we are subject to due to our arrangements with Fancy or any third party service providers, constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
