The following terms and conditions constitute an agreement between Engagement Marketing Gallery, LLC, doing business as The Conservatory (“The Conservatory,” “Conservatory,” “we,” “our’ and “us.”) and you.  These terms and conditions apply to your experience with us.  You agree that you are coming to The Conservatory for a unique customer experience, combining brick and mortar service and curation with online sales through www.theconservatorynyc.com (the “Website”). By visiting the Website you are consenting and accepting the terms described in the Terms and Conditions below

By registering on the Website, you are also consenting to the Privacy Policy, Terms and Conditions of the Brands we carry.

If you wish to use our Services (“Services”) you must read and agree to be bound by the following terms.  The Conservatory may modify these Terms and Conditions at any time, in our sole discretion, and your continued use of the site following any changes shall signify your agreement with the updated terms.  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 (“Product”). These terms and conditions are an integral part of the Website terms and conditions that apply generally to the use of our Website.  In the event that an order is placed directly with the Brand, wmay provide your personal information to our Brands, and that you are consenting to receive their marketing emails. 

 

1. Order Acceptance and Cancellation

Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute our offer to facilitate a sale.  Items in your shopping basket are not reserved and may be purchased by other customers.  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, you should contact us at: customercare@theconservatorynyc.com.

In some instances, you will be able to make an in-store purchase that does not need to be shipped (“In-store Purchase”).  If you make an In-store Purchase, you may return said item to The Conservatory within 14  days and receive a full refund.  The Conservatory shall not accept returns after 14 days from the purchase date.  When you make an In-store Purchase, you will begin receiving marketing materials from us.

 

2. Payment Terms

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:

All orders are subject to verification for security reasons.  We may also verify high ticket item purchases subject to our internal security protocols.  If there is an issue verifying your information, you will be contacted by us to complete the verification process. If you do not respond after such time, you will be notified and the order will be canceled and refunded in the original payment method.   If there is no issue verifying your information, you will receive a receipt and order confirmation for your purchase.   All payments shall be made in US Dollars.

 

3. 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.  Pricing is shown in US Dollars. 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, your order will be canceled, and your monies refunded.

We attempt 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 Brands, 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.

 

4. Shipping Fees, Taxes, and International Duties

If you are shipping within the United States of America, sales tax will be charged as applicable.

Complimentary Ground Shipping on orders over $200.
$15 Ground Shipping on orders under $200.
Large furniture is decided based on weight and location.

Import duties will be charged where applicable.

 

5. 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 and is based upon availability. The posted shipping time frame is contingent upon credit approval and may be delayed should we experience difficulties in obtaining authorization. 

The Conservatory does ship one-of-a-kind items directly.  The Conservatory is solely responsible for the shipping process, fees and packaging on one-of-a-kind items bought directly in store and through its website.  For issues related to one-of-a-kind items, please reach out to us at CustomerCare@theConservatoryNYC.com.

The Conservatory is also not responsible for any international shipping delays caused by the customs clearance process.

 

6. Payment

Payment can be made by Visa, American Express and Mastercard.

If the issuer of your credit or debit card refuses to authorize payment, the Conservatory will not be liable for any delay, non-delivery or cancellation.

We take reasonable care to make our Website secure.  All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.  If you are a registered user, we will securely store your credit/debit card details on our systems.  These details will be fully encrypted and only used to process card transactions which you have initiated.

If we suspect fraud on a credit card purchase (Visa, Mastercard or American Express), we may contact the credit card company to confirm the purchaser’s information (name, address, billing, phone number, email, etc.). Although we will take proactive steps to ensure that your information is not used fraudulently, the Conservatory is not responsible for third-party inaccuracies or breaches in transmitting your personal data.  If you suspect a fraudulent transaction, please contact us at: customercare@theconservatorynyc.com  or (212) 473-1333.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure.  However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when accessing or ordering from the site.

 

7. Advertising Disclaimer

We attempt 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 Brands, 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, you should contact us at: CustomerCare@theConservatoryNYC.com.

for a refund to your credit card account in the amount of the charge and we will notify you  that your order was canceled. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.

 

8. Limitation of Liability

In no event shall we have any obligations or liabilities to you or any other person 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 make no warranties or representations about the contents of the Services or the Products and Services of the participating Brands.

We do not warrant that the Website will operate error-free or that the Brands, their servers, or content are free of computer viruses or similar contamination or destructive features. If your use of the Website or the Services results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.

The Website and the Services are provided on an “as is” and “as available” basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

 

9. Intellectual Property

The Website contains material, such as text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of The Conservatory (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and any Services automatically terminate, and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of The Conservatory (“Conservatory Trademarks”) used and displayed, are registered and unregistered trademarks or service marks of The Conservatory. Other company, Product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with The Conservatory Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Conservatory Trademarks inures to our benefit.

Elements of the Website and Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means. None of the Content may be retransmitted without our express, written consent for each and every instance.

 

10. Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Content or Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

11. Return Policy

We want you to be completely satisfied with your purchase. We will gladly accept merchandise for exchange or refund if it is returned within 30 days of receipt, provided that: Items must be returned unworn, undamaged and unused, with all tags attached and brand boxes, labels and packaging included. If an item has a Conservatory try-on tag affixed to the garment; this tag must not be removed or moved. Beauty items must be returned unopened and in their original packaging. Swimwear must have the original protective, sanitary lining attached to the garment. Vintage goods, lingerie, art, furniture, special orders, perishable, altered, and final sale merchandise are not eligible for return. All refunds are processed back to the original form of payment. For online orders, please follow the return instructions provided with your shipment and take care when repacking the item. Items purchased online may be returned in person to our stores under the same terms. Shipping charges are not refundable.

 

12. Product Colors

We have made every effort possible to ensure the colors are displayed as accurately as possible. The Conservatory cannot guarantee your computer’s monitor will accurately display the true color. If you have any questions about the color of an item please contact: customercare@theconservatorynyc.com prior to placing your order.

 

13. Miscellaneous

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal Courts of New York located in Manhattan with respect to such matters.

 

14. Customer Information

We collect data to operate effectively and to provide you with the best experience.  You provide some of this data directly, such as when you create an account, submit a search query or contact support.  We get some of the information by recording how you interact with our Website, for example, using technologies like cookies. We may collect and share customer information including customer names, addresses, phone numbers, e-mail addresses, size, shopping habits, financial information and site traffic through cookies with Brands if your order was placed directly with them.  The data we collect may also be used for marketing purposes. by both us and the Brands.

 

15. California Residents

Pursuant to the California Consumer Privacy Act, you have a right to know what personal information is disclosed or sold by The Conservatory.  We will disclose and sell your information to third parties.  If you have any additional questions about the information we collect please contact us at customercare@theconservatorynyc.com  and (212) 473-1333.  Any credit card information provided is only used for the transaction, no information is saved by The Conservatory. 

The Conservatory does not discriminate against you because you requested information about how we disclose and sell your personal information or because you requested your information not be disclosed or sold to third parties.  Our quality of goods and Services are the same for every customer.  If you opt-out of certain Services, you will not receive the benefit of the service.  For example, we may provide consumer information to a third-party for coupons or private events.  If you do not want any of your personal information disclosed, we cannot guarantee coupons or access to events from third parties.

If you do not want the Conservatory to sell or disclose your information, then you have the right to opt-out.  Please contact us at customercare@theconservatorynyc.com  and (212) 473-1333 to opt-out. 

 

16. Eu General Data Protection Regulation ("GDPR") Compliance

lick below for a link to the GDPR Policy.  EU residents are protected by the GDPR.  We will disclose and sell your information to third parties as referenced in Section 14.  If you have any additional questions about the information we collect please contact us at customercare@theconservatorynyc.com  and (212) 473-1333.

If you do not want the Conservatory to sell or disclose your information, then you have the right to opt-out.  Please contact us at customercare@theconservatorynyc.com  and (212) 473-1333 to opt-out.  

 

REVISED SEPTEMBER 2019