Terms + Conditions
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS.
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by WHIT NY or its subsidiaries and affiliates. The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties. WHIT NY reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Comments and Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services (collectively, “Comments”). Any Comments posted or sent to the website shall be and will remain the exclusive property of WHIT LLC Submission of any Comments to the Website shall be deemed an assignment to WHIT LLC of all intellectual property rights, titles and interest in and to such Comments. Such Comments will not be treated as confidential information. WHIT NY shall have all rights to use, reproduce, publish, distribute and otherwise disclose such Comments for any purpose without restriction without providing any compensation to you.
Risk of Loss
All items purchased from WHIT NY is made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Information and Availability
WHIT NY attempts to be as accurate as possible. However, WHIT NY does not warrant that product descriptions or other content of this Site are accurate. In addition, the actual colors you see will depend on your monitor and may not be accurate. We apologize for any inconvenience this may cause you. If a product offered by WHIT NY itself is not as described, you may return it in its original condition. Please see our return policy. Product availability is not guaranteed. If a product is not available when your order processes we will notify you by email.
Despite our best efforts, items on our Site may occasionally be mis-priced. WHIT NY shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. WHIT NY shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, WHIT NY shall promptly credit the credit card account in the amount of the incorrect price.
Links to other Websites and Services
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. WHIT NY does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Site Policies, Modification, and Severability
We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
These Terms are effective unless and until terminated by WHIT NY may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Contents and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. WHIT NY shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual's right to access or use the Site or any portion thereof.
WHIT NY may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. WHIT NY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHIT NY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WHIT NY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER WHIT NY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. WHIT NY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF WHIT NY TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WHIT LLC, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS.
Use and Collection of Information
WHIT NY collects customer information in an effort to improve our customers shopping experience, to communicate with our customers about our products, services and promotions, and to enhance and improve the performance and accuracy of our operations and website. We collect information such as your name, e-mail and postal address and credit card numbers that you provide to us when you place an order, when you save your information with us or when you participate in a sweepstakes or promotion. WHIT NY may use your information collected online to process and fulfill your order. We also collect e-mail addresses at various locations within the site including when you order from the site so that we can send you any necessary e-mail messages related to your order. We may also contact you with marketing and promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us at
email@example.com. In addition, we maintain a record of your product interests, purchases and whatever else might enable us to enhance and personalize your shopping experience.
You can always review, update and remove your personal information by logging into the website and accessing your account. Please email
firstname.lastname@example.org if you need assistance with reviewing, updating or removing your personal information. When you update your personal information, we may keep a copy of the prior version for our records.
WHIT NY may store some information on your computer in the form of a "cookie" or similar file. These files allow us to tailor our website to reflect your listed or historical preferences. Most web browsers allow web users to exercise control over such files on their computers by erasing them, blocking them, or notifying the user when such a file is stored. Please refer to your browser's instructions to learn about those functions. Please note that if you disable or delete these files you may not have access to certain features and services that make your online experience more efficient and enjoyable.
WHIT NY also uses other methods of automatic collection to determine information about visitors to our website, including your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use the information obtained using these tools to provide better customer service, enhance our product offerings, and detect potential misuse or fraud.
WHIT NY works to protect the security of your information during order transmission by using Secure Sockets Layer (SSL) software, which encrypts order information you transmit. While we implement these and other security measures on our site, please note that 100% security is not always possible. You play a role in protecting your information as well. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others.
The Children's Online Privacy Protection Act imposes certain requirements on web sites directed at children under 13 that collect information on those children, and on web sites that knowingly collect information on children under 13. WHIT NY is not directed at children under 13, and does not knowingly collect any personal information from children under 13.