Terms of Use
OVERVIEW
This website is operated by Anine Bing. Throughout the site, the terms “we”, “us” and “our” refer to Anine Bing. Anine Bing offers this website and our text messaging programme (also referred to as SMS), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing our site and/ or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (the “Terms of Service”, “Terms”), including those additional terms and conditions referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current online store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. If you wish to terminate this agreement, at any time, you can do so by closing your account and no longer accessing or using our services.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
We are not responsible for your access or use of the services in a way that is not in accordance with applicable law. You may not use our service or products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
If you do not agree with the Terms you must immediately cease using and accessing the services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We are not responsible if you rely on information available on this website that is not accurate, complete or current.
The Anine Bing website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools, over which we neither monitor, nor have any control, nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through this website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not controlled by us. We are not responsible for the content or accuracy of information on third-party websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
As a user of our services, the collection, use, processing and sharing of your personal information is in accordance with our Privacy Policy, our Cookie Policy and other documents referenced in these Terms.
Our Privacy Policy explains how we treat your personal information and how we protect your privacy and safeguard the privacy of others when you use the Services. By using the services, you acknowledge that we will be collecting, accessing, processing, storing and using any information that you provide in accordance with the terms of the Privacy Policy and any privacy settings which we may provide to you.
SECTION 11 – TEXT MESSAGING PROGRAMME
By checking the box to sign up for the text messaging program, or opting-in through some other explicit means (opting-in via short code or entering your phone number into an on-site collection widget), you expressly consent to receive non-marketing and marketing text messages (also known as SMS) from Anine Bing, at the telephone number(s) that you provide. We work with trusted partners who send these text messages on our behalf.
When you sign up for the text messaging program, or opt-in through some other explicit means (via short code or entering your phone number into our website), you are representing that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying if you change your mobile telephone number. Anine Bing reserves the right to require you to prove that you are at least 18 years of age.
You may opt-out of these communications at any time. To stop receiving text messages from us, reply STOP to any text message you have received. You will then receive confirmation of your opt-out. If you are based in the US, you agree that this does not violate your opt-out rights in respect to the TCPA (Telephone Consumer Protection Act). Details on how to opt-out are also available within any marketing communications you receive from us (including in the text messages). You may receive help by contacting us at concierge@aninebing.com.
Anine Bing text messages are intended to provide you with information about upcoming deliveries and Anine Bing’s goods and services (e.g. Anine Bing-sponsored events, coupons, promotions, product launches, sweepstakes, and contests). We explain why we use your personal information in accordance with the terms of our Privacy Policy. You do not have to consent to receive marketing text messages to purchase any products from us.
The number of text messages that you receive from us will vary depending on how many of Anine Bing’s text messaging programs for which you sign up to receive messages. You will receive a maximum of ten (10) messages per week. Message and data rates may apply to each text message sent or received in connection with our text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.
If you are based in the US, you agree to indemnify Anine Bing in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Anine Bing if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the TCPA.
You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Anine Bing’s control, and Anine Bing is not responsible or liable for issues arising from them. We may suspend or terminate your receipt of Anine Bing text messages if Anine Bing believes you are in breach of these Terms. Your receipt of text messages from us is also subject to termination in the event that your mobile telephone service terminates or lapses. We the right to modify or discontinue, temporarily or permanently, all or any part of our text messaging, with or without notice.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Anine Bing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Anine Bing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us in relation to the Terms (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of California.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
SECTION 21 - CANVAS TOTE GIFT WITH PURCHASE
Receive a free Canvas Tote gift with your purchase of $300 or more at aninebing.com from December 28, 2023 at 9AM PST until 9AM PST November 11th, 2024. While supplies last. Tote subject to availability. Offer not valid on purchases of pre-order items, gift cards, taxes, or shipping fees. Not valid for cash or cash equivalent. Gift with purchase cannot be returned or exchanged. No rain-checks or gift substitutions. Gift has an approximate retail value of $70. ANINE BING reserves the right to modify or cancel this program at any time without notice.
SECTION 22 - WINTER 2024 POWER DRESSING GIVEAWAY
ABOUT THE GIVEAWAY
ANINE BING celebrates the launch of our Winter 2024 Power Dressing campaign and will mark this launch with an online giveaway exclusive to ANINE BING newsletter subscribers who register at https://www.aninebing.com/pages/winter-2024-power-dressing-gateway. We will select a total of four (4) winners at random to receive a Wardrobe Giveaway from the Winter 2024 Power Dressing Collection valued at $1,750 (per wardrobe), all items subject to availability.
WINNER SELECTION
The four (4) winners will be selected at random. To be eligible to win, all entrants must register for a chance to win at https://www.aninebing.com/pages/winter-2024-power-dressing-gateway and be an ANINE BING newsletter subscriber from October 28th, 2024 to November 7th, 2024. The giveaway ends on November 7th, 2024 at 4:59 PM PST. On November 8th, 2024, or shortly thereafter, the four (4) giveaway winners will be selected from the eligible entrants. Each winner will be contacted via email and will have 48 hours from the receipt of such email to respond or such winner will forgo its prize and another winner will be drawn.
The Winter 2024 Power Dressing Giveaway will include certain products from the Winter Collection valued at approximately $1,750 per wardrobe (retail value). The giveaway products will include one of each of the following:
Sara Blazer - Black
Maron Blazer - Dark Grey Pinstripe
Small Elly Clutch - Black Embossed
GIVEAWAY INSTRUCTIONS
Subscribe to the ANINE BING newsletter at https://www.aninebing.com/pages/winter-2024-power-dressing-gateway.
NOTE: To be eligible, please check that your subscription status is active. Winners will be announced through email.
TERMS AND CONDITIONS
- Giveaway is organized by Anine Bing Corp. (‘ANINE BING’) and is open to everyone who – is at least 18 years of age and a citizen of a country where it is legal to receive the gifts included in the giveaway.
- By participating in this giveaway, you agree to be bound by the Terms & Conditions contained herein. Failure to comply with any applicable terms, conditions, rules, regulations, instructions, or methods shall result in disqualification from the giveaway.
- Entry in this giveaway is free. There is no purchase necessary. Simply be a subscriber to the ANINE BING newsletter and register for a chance to win at https://www.aninebing.com/pages/winter-2024-power-dressing-gateway during the time beginning on October 28th, 2024 through November 7th, 2024.
- Winners are responsible for paying all taxes associated with the prizes received in their country of residence.
- The giveaway shall in all respects be governed by the laws of the state of California. However, it shall be your sole responsibility and obligation to ensure that you comply with and do not contravene with any laws to which you may be personally subject to.
- The giveaway winners will be notified via email and upon acceptance of receipt of the prizes, will be announced via email. ANINE BING is also allowed to announce the list of winners on the ANINE BING website, ANINE BING Facebook, ANINE BING LinkedIn, and ANINE BING Twitter pages, and receipt of the gifts included in the giveaway is conditioned upon your acceptance of such disclosure. All participants should check their email (including spam folders) to ensure a timely response. Any winner that does not respond to the email notifying him or her of winning, will forfeit the giveaway prize and another winner will be selected. ANINE BING shall not be responsible or liable if the participant cannot be contacted or is not responsive to a request for further information or acceptance of the prizes for longer than a period of 48 hours from the time of the initial email message.
- ANINE BING’s decision on the selected followers(s) shall be final and conclusive and no correspondence, complaint, or appeal shall be entertained by ANINE BING at any time during or after the giveaway.
- In no event shall ANINE BING, its related and affiliated corporations, sponsors, agencies, and representatives be liable to you or anyone else for any loss, injury, or death or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever, whether in contract, negligence or in tort, arising out of or in connection with the giveaway and your participation in the giveaway including (without limitation) any cancellation or postponement of the prizes.
- ANINE BING shall not be liable to the participants and/or to any other party for any loss or damage of whatsoever nature suffered by a participant or such other party as a result of participation or non-participation in the giveaway or as a result of any act or omission on the part of ANINE BING.
- ANINE BING is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, user or member communications, or any problems or technical malfunction of our telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet.
- ANINE BING reserves the right, in its sole discretion, to disqualify any participant that is found or suspected of tampering with the giveaway submission process, the operation of this giveaway, or to be in violation of the Terms and Conditions. ANINE BING reserves the right to disqualify any participant and/or to forfeit any reward from a participant it believes has undertaken fraudulent practice and/or activities or other activities harmful to this giveaway or the giveaway submission process. Fraudulent activities are deemed to include but not be limited to the following:
- Any act of deceit and/or deception and/or cheating; or
- Use of someone else’s name or likeness.
- By participating in the giveaway, participants are sending their personal information to ANINE BING upon being selected as a winner and all information collected will be treated in accordance with ANINE BING’s Privacy Policy.
- ANINE BING reserves the right to use the name of the winner for any promotional/publicity purposes, and accepting the prizes as a winner serves as acceptance of such use.
SECTION 23 - EARLY ACCESS TO WINTER SALE
*Receive up to 70% off select items from November 9, 2024 at 5:00am PT until November 12, 2024 at 4:00pm PT. Sale prices already reflected. Offer valid for select customers and by invitation only. Offer not valid on purchases of gift cards or e-gift cards, applicable taxes, nor shipping and handling charges. Offer cannot be combined with THE LIST rewards or promotions. No adjustments on previous purchases. All items are final sale. No returns, exchanges, or store credit. In-store prices may vary and may differ from online prices. ANINE BING reserves the right to modify or cancel this promotion at any time without notice. Offer valid for items on Private Offer page.
SECTION 24 - ANINE BING MESSAGING TERMS & CONDITIONS
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from ANINE BING, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. ANINE BING reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. ANINE BING also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. ANINE BING, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
You also agree to our ANINE BING Terms of Use and ANINE BING Privacy Policy.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that ANINE BING 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 ANINE BING through any other programs you have joined until you separately unsubscribe from those programs.
Help
Text the keyword HELP to our shortcode to return customer care contact information.
Customer Care
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.
Contact
This message program is a service of ANINE BING, located at 719 South Los Angeles Street Suite 1015, Los Angeles, California 90014.
Dispute Resolution
- General. In the interest of resolving disputes between you and ANINE BING in the most expedient and cost effective manner, you and ANINE BING agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from ANINE BING or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from ANINE BING or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND ANINE BING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or ANINE BING to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and ANINE BING will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting ANINE BING. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or ANINE BING intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). ANINE BING address for Notice is: 719 South Los Angeles Street Suite 1015, Los Angeles, California 90014, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and ANINE BING will make good faith efforts to resolve the claim directly, but if you and ANINE BING do not reach an agreement to do so within 30 days after the Notice is received, you or ANINE BING may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or ANINE BING must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, ANINE BING will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse ANINE BING for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and ANINE BING agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or ANINE BING made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND ANINE BING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ANINE BING agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if ANINE BING makes any future change to this arbitration provision, other than a change to ANINE BING address for Notice, you may reject the change by sending us written notice within 30 days of the change to ANINE BING address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and ANINE BING.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at concierge@aninebing.com.
Use of Cookies
Effective as of December 21 ,2018
We mentioned in our Privacy Policy that we use cookies and related technologies (collectively referred to as “cookies”) to provide you with the services accessible through our website (together the “Services”).
This policy explains how we use cookies and similar technologies on our Services (the “Cookie Policy”).
1. What is a Cookie?
A cookie is a small file consisting of a string of characters that can be placed on your computer or mobile device that uniquely identifies your browser or your device. This recognition helps the efficient operation of our site and Services.
We use both session cookies and persistent cookies.
- We use a session cookie to identify you during a particular visit to the Anine Bing website. Session cookies expire after a short time, or when you close your web browser.
- We use a persistent cookie to identify you over a longer period of time. (For example, if you asked us to keep you signed in, we would use a persistent cookie for that purpose.) Persistent cookies remain on your device for the set period of time specified in the cookie.
2. Do we use Cookies?
Yes! Like most websites, we use cookies in the course of providing you with our Services. We use cookies and other similar technologies.
These technologies help us understand how our Services are being used, help you navigate our website, help remember your preferences, use features such as shopping baskets and generally improve your experience in using our website. Cookies can also help ensure marketing you might see online is more relevant to you and your interests.
3. What cookies and related technologies do you use and why?
We mainly use cookies and related technologies to make our Services work and to improve our products. Some of the technologies we use include:
- IP address: IP address is the short form for Internet Protocol address which is assigned by internet access providers to every computer that is connected to the internet. Website owners have access to IP addresses of their users. Using IP addresses, we and our partners can identify the country, state and city from which a computer is connecting to the Internet. IP addresses are, for example, used for IP geo-location purposes, e.g. by Google Analytics.
- Device identifiers: We may also collect unique or persistent device identifiers so that we can identify your device.
We use cookies to make our Services work, specifically:
- To authenticate you and secure our Services: We use cookies to identify you, and monitor login data. This allows us to know, for example, whether you are logged in and from where. It also helps us to detect and stop fraud on our Services, as well as spam and illegal use.
- To remember your settings and preferences: We use cookies to recognise your browser and remember your preferences (such as your preferred language).
- To improve performance: We use cookies to provide the best experience on our website. For example, we use cookies to speed up the loading of our Services. We also use them to remember items in your shopping basket.
- To conduct analytics: We use Google Analytics cookies, including a cookie provided by Google Analytics, to collect anonymous traffic data to help us analyse how members and visitors access our website, and for other Analytics services relating to website activity and internet usage.
- To process payments: Shopify, our payment processor may use cookies are part of the payment flow.
3. How long do cookies last?
The length of time a cookie will stay on your computer or mobile device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
4. First and third party cookies
First-party cookies are cookies that belong to Anine Bing, third-party cookies are cookies that another party places on your device through our Service. Third-party cookies may be placed on your device by someone providing a service for Anine Bing, for example to help us understand how our service is being used. Third-party cookies may also be placed on your device by our business partners so that they can use them to advertise products and services to you elsewhere on the internet. Our current business partners include:
Third Party |
Type of cookie |
More information and how to opt out |
Antavo | Personalization. This cookie allows us to enhance the information we display on site and marketing experiences. | Antavo opt-out |
(Facebook Custom Audience) |
Interest-based Advertising This cookie allows us to target the advertising we do on Facebook more effectively. |
|
Google (AdWords) |
Interest-based Advertising This cookie is used to determine if you have accessed the website via a Google ad. So we and Google can recognize that somebody has clicked on a Google ad and then visited our website directly. |
|
Google (Google Analytics) |
Analytics This cookie provides anonymized data to allow us to understand user behaviour and marketing performance. |
|
One Click Social Login | Personalization. This cookie establishes and optimizes our connection with social networks. | One Click Privacy Policy |
Sailthru | Personalization. This cookie allows us to deliver an email and site experience fully personalized to your preferences. | Sailthru opt-out |
As with any business, we may change or work with different partners from time to time.
5. How to refuse the use of cookies
You may refuse the use of cookies by selecting the appropriate settings in your browser. However, if you do this you won't have access to many features that may make your browsing of our website and use of our Services smoother, and some of our Services may not function properly.
If you want to opt out of specific third-party cookies, please follow the links provided, consult the third party’s website or privacy policy as well as the cookie settings on your browser.
5. Changes to this Cookie Policy
Our business changes constantly and our Cookie Policy will also change, so please review it frequently. We will notify you of any changes by posting the updated policy on this page with its effective date. If the change is material, we will take reasonable steps to notify you.
6. Contact Us
If you have any questions or comments or if you would like to exercise any statutory rights, please contact us via email: concierge@aninebing.com