THESE TERMS OF SALE (“Terms of Sale”) ARE LEGALLY BINDING AND GOVERN THE AGREEMENT THAT YOU FORM WITH US WHEN YOU CLICK “BUY NOW”. THESE TERMS OF SALE ARE SUBJECT TO SECTIONS 8-13 OF THE TERMS OF USE (replicated below) INCLUDING A CHOICE OF NEW YORK LAW, LIMITATIONS TO OUR LIABILITY, MANDATORY INDIVIDUAL ARBITRATION, CLASS ACTION WAIVER AND JURY WAIVER.

1. ORDER ACCEPTANCE, CANCELLATION, AND PAYMENT

Your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. Order fulfillment is subject to product availability.

We reserve the right to refuse or cancel any order placed on the Site or limit or cancel quantities purchased per person, per household, or per order including without limitation orders placed under the same customer account, credit card or using the same billing and/or shipping address.

You represent and warrant that (i) the payment card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your payment card company, and (iv) you will pay charges incurred by you at the posted prices plus any applicable sales taxes as well as any shipping and handling charges specified during the ordering process. By submitting your payment information, you authorize us, and any third party collecting this information on our behalf, to provide your information to third parties to facilitate your requested transaction.

2. SHIPMENTS, DELIVERY AND RISK OF LOSS

We will arrange for shipment of the products to you.

You are solely responsible for providing us with a correct and accessible shipping address during the order checkout process. We are not liable if the delivery address provided to us is incorrect or if you fail to collect the order shipment from the delivery address you provided. Title to, and the risk of loss of, the products ordered transfers to you upon delivery to the delivery address you provided.

All sales are final and non-returnable except as expressly provided in the Returns & Exchanges Policy.

3.  CONTACT

mytheresa.com GmbH is located at Einsteinring 9, 85609 Aschheim/Munich

You can reach us by telephone at +49 89 127695-0

Any terms not defined in these Terms of Sale but in the Terms of Use are governed by the definitions in the Terms of Use.

Effective Date: 13.April.2023

Terms and Conditions of Use

THESE TERMS AND CONDITIONS OF USE (“Terms of Use”) ARE LEGALLY BINDING BETWEEN YOU AND MYTHERESA.COM GMBH (“we”, “us”, “our”) THAT YOU FORM BY ACCESSING ANY AREA OF WWW.MYTHERESA.COM/US OR ANY AREAS OF SITES THAT LINK TO THESE TERMS OF USE (“Site”). YOUR CONTINUED ACCESS OR USE OF THE SITE FOLLOWING CHANGES TO THESE TERMS OF USE WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES TO OUR TERMS OF USE. THE TERMS OF USE INCLUDE PROVISIONS FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS SITE, THE USE OF OUR SERVICES, PURCHASE OF PRODUCTS, OR THESE TERMS OF USE, AND, SHOULD YOU MAKE A PURCHASE THROUGH THE SITE, THE TERMS OF SALE, TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. YOU MAY OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT ONLY BY FOLLOWING THE PROCEDURES BELOW. THESE TERMS ALSO INCLUDE A JURY WAIVER.

BY ACCESSING THE SITE, YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.

1. ACCESSING AND USING OUR SITE.

We reserve the right to amend, update and withdraw the Site, and any service or content we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

If you are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Any accounts you create are personal to you and you must not provide any other person with access to this Site or portions of it using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Our Site is intended for personal, non-commercial use and you are prohibited from exploiting it in connection with any business or commercial purpose.

2. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. The licenses granted by us terminate if you do not comply with these Terms of Use.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, you are prohibited from accessing the Site and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are retained by us or our licensors or other rights holders. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use. You must not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site unless authorized under these Terms of Use.

You must not use our name, marks, logos, or related names, logos, product and service names, designs, or slogans without our prior written permission.

3. USER CONTENT  

We may include features on the Site that allow you to share your communications, information, photos or other content (“User Content”) with us and with other users of the Site. You must not send, upload or transmit any User Content of any type that infringes or violates any rights of any party or violates these Terms of Use. By providing any User Content on the Site you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content anywhere in the world and through any media for any purpose.

You represent and warrant that:

·         You own or control all rights in and to the User Content and have the right to grant the license granted above.

·         All of your User Content does and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

4. PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You must not use the Site:

·         In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·         To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “spam,” or any other similar solicitation.

·         To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

·         To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.

·         To transmit, post, publish or send any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

·         To express or imply that we endorse any statement or posting you make, or any products or services you may offer.

Additionally, you must not:

·         Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

·         Use any device, software, or routine that interferes with the proper working of the Site.

·         Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·         Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

·         Otherwise attempt to interfere with the proper working of the Site.

·         Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

·         Remove any copyright, trademark or other proprietary rights notices from the Site or from materials originating from the Site.

5. ENFORCEMENT AND TERMINATION OF SITE USE

We have the right to remove or refuse to post any User Content for any reason in our sole discretion. In addition, we have the right to:

·         Disclose your identity or other information about you (1) to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and (2) as applicable to cooperate with any law enforcement authorities or court order.

·         Take appropriate legal action for any illegal or unauthorized use of the Site.

·         Terminate or suspend your access to all or part of the Site for any reason.

6. INDEMNIFICATION. 

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with the Site or any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms of Use.

7. ONLINE PURCHASES

All purchases through the Site or other transactions for the sale of goods or services formed through the Site are governed by the Terms of sale , which are also subject to the following sections 8-13 of these Terms of Use.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.

The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, aggregators, and/or reporting services. All statements expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

WE DO NOT EXTEND ANY WARRANTIES IN THE TERMS OF USE, OR AS APPLICABLE, THE TERMS OF SALE. ALL PRODUCTS ARE PROVIDED ON AN "AS IS" "WHERE IS" BASIS.

ANY LIABILITY ARISING UNDER OR RELATING TO THE TERMS OF USE OR AS APPLICABLE THE TERMS OF SALE, OUR PRODUCTS, OR OUR SITE SHALL BE LIMITED TO THE GREATER OF USD 1,000 OR THE PURCHASE PRICE YOU PAID FOR THE PRODUCT THAT GAVE RISE TO THE LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES REGARDLESS OF THE LEGAL THEORY UNDER WHICH A CLAIM IS BROUGHT.

9. GOVERNING LAW AND VENUE

You agree to give us an opportunity to resolve any problem, dispute or claim relating in any way to the Site or any of its related applications or products/services, including any dealings with us, our marketing and customer service agents, or the performance of any services or products offered through the Site or any representations from us (each a “Claim” and collectively “Claims”).  You must send us a written notice of the Claim by email to privacy@mytheresa.com with the subject line: “Terms of Use – Dispute Notice.”  You and us each agree to negotiate your Claim in good faith. If we cannot resolve your Claim within 60 days of receiving your notice at this address, you may pursue your Claim as explained in this section.

The Terms of Use and the provision of our services or products through our Terms of Sale will be governed and interpreted pursuant to the laws of the State of New York, without reference to New York conflict of law rules. With respect to any disputes or Claims not subject to arbitration, as set forth in this section, you and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York.

10. ARBITRATION

This section affects rights that you may otherwise have.  It provides for resolution of most disputes through binding arbitration instead of court trials and class actions.  This arbitration clause will survive termination of these Terms of Use and the Terms of Sale.

This provision is intended to be given the broadest interpretation and application to encompass all disputes or Claims arising out of or relating to your relationship with us, including the use of the Site, products, services and any other interactions with us. As set forth above, if we are unsuccessful in resolving your Claim following 60 days after our receipt of your written notice to the appropriate address, any dispute or Claim arising out of or relating to your relationship with us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take Claims to small claims court if they qualify for hearing by such a court.

Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this section comes into effect (the “Opt Out Deadline”). This will be the earliest of (a) the date you first used the Site, (b) the date you first used our services or (c) the date you started a relationship with us. You may opt out of these arbitration procedures by sending us a written notice by email to privacy@mytheresa.com with the subject line: “Arbitration –Opt-Out Notice”.

We must receive your opt out notice no later than 3 days after the Opt Out Deadline for it to be valid. You agree that you must pursue any Claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt Out Deadline.

For all Claims, whether pursued in arbitration or small claims court, it is a condition precedent that you must first send a written description of your Claim to us as set forth above to allow us an opportunity to resolve the dispute.

The arbitration of any dispute or Claim will be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this section. The AAA Rules and information about arbitration and fees are available online at www.adr.org. To the extent of any inconsistency, this section will supersede and govern over the AAA Rules.

This section evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award any relief to either party that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy t Claim, as well as afford public injunctive relief where such remedies are permitted and cannot be waived by applicable law. 

Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

We will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand, and if your Claim is for less than $1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself.  Otherwise, you and we will each bear the fees and expense of respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.

In addition to the above, any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action; provided that, and for the avoidance of all doubt, you will be permitted to seek injunctive relief as described below.  If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this arbitration section will be void as to you.  If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you.  Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.

Notwithstanding the above, nothing in this section will be construed to waive any right you have under applicable law to pursue a Claim for injunctive relief with the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public.  Any such public injunctive relief Claims are preserved and will be subject to arbitration.  To the extent permitted by applicable law, any determination of the extent to which your Claims qualify as seeking public injunctive relief will be heard and decided by the arbitrator. If for any reason a Claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

11. NO WAIVER

No waiver of any term of these Terms of Use or the Terms of Sale shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms of Use or Terms of Sale shall not constitute a waiver of such right or provision.

12.  MISCELLANEOUS

If any part of these Terms of Use or the Terms of Sale is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of this Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms of Use and Terms of Sale with respect to the items to which they apply. We may revise or modify this Site, these Terms of Use, the Terms of Sale, products, product information or pricing without notice.

13. ENFORCEMENT AND SEVERABILITY

Our failure to enforce any right or provision of these Terms of Use or the Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use or in the Terms of Sale, the exercise by either party of any of its remedies under these Terms of Use or the Terms of Sale will be without prejudice to its other remedies under these Terms of Use or Terms of Sale or otherwise. If any term or condition in these Terms of Use or the Terms of Sale is deemed invalid, void, or unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

14.  CONTACT

The Site is operated by mytheresa.com GmbH is located at Einsteinring 9, 85609 Aschheim/Munich

You can reach us by telephone at +49 89 127695-0

All notices of copyright infringement claims should be sent to privacy@mytheresa.com. It is our policy, in appropriate circumstances, to terminate repeat infringers.

All other feedback, comments, requests for technical support, and other communications related to the Site should be sent to: privacy@mytheresa.com

Effective Date: 13.April.2023