Terms and Conditions of Use

Terms and Conditions of Use

Rafaellastyle.com is the official website for Rafaella Sportswear, a wholly owned subsidiary and division of Perry Ellis International, Inc. We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of the Rafaellastyle.com web site (the "Site") constitutes your agreement to be bound by these terms. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

Site Usage Policy

(A) Security

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

  1. Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;

  2. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised

  3. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;

  4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

  5. Sending unsolicited e-mail, including promotions and/or advertising of products or services;

  6. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or

  7. Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

(B) General Rules

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

(C) Violations

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are property owned, controlled, licensed or used with permission by Rafaella Sportswear, and/or its parent company, and its subsidiaries and affiliates (collectively, "PEI"). The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by PEI or used with permission. Rafaellastyle.com and all other trademarks appearing on this Site are trademarks of PEI or are licensed or used with permission of the owner by PEI.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may download or copy the Contents and other downloadable materials displayed on the 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, publicly 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 Contents, the Site, or any related software. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of PEI or the owner of such material.

Product Information

Rafaella Sportswear products displayed on the Site are generally available in most cases in select department and/or company-owned stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Rafaella Sportswear makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location. Any prices displayed on the Site are quoted in U.S. Dollars and represent manufacturer's suggested resale prices for the United States.

Colors

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

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to PEI on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain PEI's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PEI of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. PEI is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that PEI may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of PEI's products or services, or for such other purpose(s) as PEI deems appropriate. You agree that PEI may use and/or disclose information consistent with our Privacy Policy.

Mobile Terms & Conditions 
 
Rafaella offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, marketing alerts, cart reminders, back in stock alerts, price drop alerts, low inventory alerts by SMS message (the "Service") on 36053. By participating in the Service, you are agreeing to these Terms and to the privacy policy.
 
Signing Up and Opting-In to the Service 
 
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Rafaella reserves the right to stop offering the Service at any time with or without notice. 
 
By opting into the Service, you: 
 
A.   Authorize Rafaella to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). 
B.   Acknowledge that you do not have to agree to receive messages as a condition of purchase. 
C.   Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. 
D.   Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, You can contact us by email at support@rafaellastyle.com. You can also contact us at 3000 NW 107th Ave. Miami, FL 33172.. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails. 
 
Content You May Receive 
  
Once you affirm your choice to opt-in to the Service on 36053, your message frequency may vary. Messages are subject to change but you may receive alerts about:  
 
A.   Sale promotions
B.   Event information
C.   Product launch announcements
D.   Cart reminders
E.      Back in stock alerts
F.       Price drop alerts
G.     Low inventory alerts
 
 
Charges and Carriers 
 
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 
 
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Rafaella may add or remove any wireless carrier from the Service at any time without notice. Rafaella and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 
 
To Stop the Service 
 
To stop receiving text messages from Rafaella, text the word STOP to 36053 any time or reply STOP to any of the text messages you have received from Rafaella. This is the exclusive method for opting out.  After texting STOP to 36053, you will receive one additional message confirming that your request has been processed. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Rafaella and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Rafaella through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.
 
Questions 
 
You can text HELP for help at any time to 36053. You can contact us by email at support@rafaellastyle.com. You can also contact us at 3000 NW 107th Ave. Miami, FL 33172.
 
Arbitration and Class Action Waiver
Please read this carefully.  It affects your rights. Any dispute or claim relating in any way to your use of [PEI services] will be resolved by binding arbitration, rather than court.
 
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.  You and [PEI] hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.  Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”).  However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules.  The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND [PEI] ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
 
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD.  RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.  FURTHER, AND UNLESS YOU AND [PEI] AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
 
You and [PEI] are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  [PEI], however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous.  Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
 
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.  If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Limitation of Liability

Except where prohibited by law, in no event shall Rafaella be liable for any special, indirect, or consequential damages or any damages whatsoever, including loss of profits or data, whether in an action in contract or tort, arising out of the use or performance of the program, or the performance or non-performance by Rafaella or any third-party providers of products or services related to this program. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery, even if Rafaella has been advised of the possibility of such damages.

Applicable Law
 
Unless prohibited by the laws of your jurisdiction, any controversy or claim arising out of or relating to these Terms & Conditions or relating to the use of the program shall by governed by the laws of the State of Florida, United States of America, exclusive of the choice of law rules thereof, and shall be resolved in a state or federal court in Miami-Dade County, Florida.

Merger; Waiver; Severability

These Terms & Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior oral and written agreements. No failure or delay on the part of Rafaella in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms & Conditions will operate as a waiver thereof. If any provision of these Terms & Conditions is found to be invalid, unenforceable, or void, (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of these Terms & Conditions shall not be affected or impaired thereby.

Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.

Indemnification

You agree to defend, indemnify and hold PEI 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.

Links to Other Web Sites

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which PEI does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. PEI makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by PEI.

Disclaimer

PEI ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL PEI OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF PEI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Inaccuracy Disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those 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. We apologize for any inconvenience this may cause you.

Miscellaneous

Unless otherwise specified and except to the extent Rafaella Sportswear products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Rafaella Sportswear products and services available in the United States and select foreign markets. This Site is controlled and operated by PEI from its offices in Miami, Florida.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of Florida.

Third-Party Trademarks

Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

Notices for Reporting and Making Claims of Copyright Infringement

PEI will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website:

Perry Ellis International, Inc.
Attn: General Counsel - Intellectual Property
3000 N.W. 107th Avenue
Miami, FL 33172

VIA FACSIMILE: (305) 406-0513
VIA EMAIL: legal@pery.com

Please send any concerns regarding our products or services to custserv@pery.com.

Termination

This Agreement is effective unless and until terminated by either you or PEI. You may terminate this Agreement at any time. PEI also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in PEI's sole discretion you fail to comply with any term or provision of this Agreement.