Terms Of use & SERVICES

Silk Culture Fashion Manufacturing (U.S.) Ltd. ("S.I.L.K. " "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on WWW.SILKNY.COM. We recommend that you keep a copy of the TOS for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16, you must let your parent or guardian know about S.I.L.K.'s Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over the age of 18.

Your use of our website is considered to be your acceptance of these terms as well as those provided in the privacy policy. Due to circumstances, which are beyond our control, we may need to change these terms or the privacy policy from time to time without notice. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law. Your use of our website after such changes are made and provided on our website constitutes your acceptance of the new terms. We hope you find your online experience at our website enjoyable. Please take a few moments to review the following terms of use & services, as well as our privacy policy, which govern your use of our website.

All content and material contained in our website is protected by copyright, trademark and other intellectual property rights. Our content and materials may not be copied, recorded, published, broadcast, posted, modified, transmitted, displayed, distributed or downloaded unless you have received our prior written permission. Of course, you may make copies of our website as necessary incidental acts during your viewing of it, and you may print pages of our website for your private purposes. However, you may not "mirror" any of our website's content or materials on any other server.

To the extent you provide any information, data, suggestions or ideas to us via our website, you agree that it will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. Also, any information, data, suggestions or ideas you provide shall not contain libelous or otherwise unlawful, abusive, defamatory or obscene material. We must reserve the right to delete any information, data, suggestions or ideas you provide that we deem libelous, abusive, defamatory, obscene or in violation of any copyright or trademark laws, or any other laws.

Although we do not promote, or represent the quality of the services or products of any other businesses on our website, you may encounter occasional links to other websites. Please know that we are not and cannot be responsible for the privacy policies or content of such other websites. We encourage you to be aware of, and to read, the privacy statements of each website you visit. Our privacy policy applies only to information collected on our site. Please direct any concerns or comments as to any linked websites directly to that website's administrator or webmaster info@silkny.com.

S.I.L.K. provides our website to you for your convenience and information. Please understand that we are not providing any warranties to you, and your use of our website is strictly on an "as is" basis. We shall not be liable for any damages or losses whatsoever from your use of our website, even if you inform us in advance of the possibility of such damages or losses. These terms and all aspects of your use of our website shall be governed under the laws of the state of New York, without regard to its conflicts of law principles. Your use of our website signifies your agreement to the personal jurisdiction of, and venue in, such courts.


REGISTRATION

To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. You may also want to view our Privacy Policy. We may change registration requirements from time to time. You can change your information by logging onto www.silkny.com and going to the "My Account" page.


ELIGIBILITY TO PURCHASE

In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the S.I.L.K. terms of eligibility, who have been issued a valid credit card by a bank acceptable to S.I.L.K., whose applications are acceptable to S.I.L.K. and who have authorized S.I.L.K. to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. S.I.L.K. reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where S.I.L.K. feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.


ORDERS

All orders are subject to acceptance and availability.

S.I.L.K. offers products for sale that are in stock and available for shipping from our distribution center. Alternatively, you may simply choose to register your email address and create a "Wish List" for notification of arrival of the selected merchandise not held in stock.

If you have registered your email address for notification of the arrival of a specific product through your "Wish List", we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

Please note that items in your shopping basket are not reserved and may be purchased by other customers.


PRICING POLICY

Prices shown on the Site are in USD and are exclusive of applicable sales tax. S.I.L.K. collects and remits sales tax as required by US law. The sales tax amount (if any) is indicated separately from prices and shown on the Order Review page, in your Order Confirmation email and on your S.I.L.K. invoice.

For International Customers:
Customers purchasing from a country served as Delivered Duty Paid (DDP) will incur relevant import duty and tax. These costs are included in the final purchase price. Import duty or tax costs will be invoiced to you directly from UPS or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit card is not denominated in USD, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.


TYPOGRAPHICAL ERRORS

In the event an S.I.L.K. product is listed at an incorrect price due to typographical error or systems error, S.I.L.K. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. S.I.L.K. 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 your credit card has already been charged for the purchase and your order is canceled, S.I.L.K. shall issue a credit to your credit card account in the amount of the incorrect price.


SALE PRICE ADJUSTMENT POLICY

S.I.L.K. offers a Sale Price Adjustment on items purchased up to seven (7) days prior to a price reduction or sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your S.I.L.K. account in the form of a EGift balance which will never expire.

We are unable to offer price adjustment on items originally purchased at a sale price or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked down.


ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and S.I.L.K. will be completed when we email you to confirm the goods have been shipped. The sale contract is therefore concluded in New York, USA and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.


PAYMENT

Payment can be made by Visa, MasterCard, American Express, UnionPay, Alipay, Tenpay, Wechat, PayPal, S.I.L.K. EGift Card and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon shipment of your order by S.I.L.K. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to S.I.L.K., we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using AsiaPay Limited - paydollar.com, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered S.I.L.K. user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple and secure S.I.L.K. uses Secure Socket Layer (SSL) technology.

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


INSURANCE AND DELIVERY

S.I.L.K. insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example: a gift purchase) then you accept that evidence of a signature by them (or at that delivery address) as evidence of delivery and fulfilment by S.I.L.K. and transfer of responsibility in the same way.

Please note that we aim to ship all orders within seven (7) business days. Estimated delivery times are to be used as a guide only and commence from the date of shipment, S.I.L.K. is not responsible for any delays caused by destination customs clearance processes.


TRACKING YOUR ORDER
There are two ways for you to track your order:

  1. You can track your order by signing into your S.I.L.K. Account, going to "My Account" and then "Order History". Once you find your order, you can click on the "Track Now" button to see the status of your shipment.
  2. You will also receive a Shipment Confirmation email with a UPS Tracking Number which can be input into the "Track" box on the upper left corner of the www.ups.com home page.

S.I.L.K. will store a record of your transactions for a minimum of one year.



RETURN POLICY

S.I.L.K. will accept return requests within 7 days of you receiving your order. You can request a return by logging in to your account and following the steps below. All items must be unworn with original tags attached and packed with the return slip.

Refunds will be issued in the same tender as the purchase. Please note: processing of online returns may take up to 3-8 weeks. Depending on your credit card company, the credit should appear on your statement within two billing cycles.

Return shipping is free using the pre-printed UPS Domestic Shipping Document included with your original shipment.


RETURNING YOUR PURCHASE
The S.I.L.K. return request procedure is as follows:

  1. Review Your Order - log into your S.I.L.K account and go to My Orders and click on your order number. Click on the "Create a Return" button on the lower right hand side of the screen.
  2. Create a Return Request - on this page, indicate which item(s) you would like to return and provide a reason for the return. Click on the "Process Return" button on the lower right hand side of the screen.
  3. Review Your Return Request - review your return request information and read the "Conditions for Return" policy. Click the "Confirm" button to acknowledge the S.I.L.K. return policy.
  4. Receive Your Return Authorization Number - your return authorization number will appear on this page.




RETURNING SHIPPING OF YOUR PURCHASE

After you receive your Return Authorization Number as per the steps above, you have 14 days to ship your return package. Please complete the "S.I.L.K. Merchandise Return Form" and include it with your return. Return shipping is free using the pre-printed UPS Domestic Shipping Document included with your original shipment.

All items to be returned from an order must be packaged in one carton. Returns must be made in the original shipping cartons and securely taped to protect the contents during shipping.

Your return package can be dropped off at an authorized UPS Shipping Center or you can call UPS to schedule a pick up at your home or office. For your convenience, click here to find the nearest UPS authorized drop off location. To contact UPS by phone, call 1-800-PICK-UPS (800-742-5877).


RECEIVING A REFUND

Your refund will either be credited to the original purchaser's credit card and will exclude shipping costs (with the exception of faulty items). Please note: processing of online returns may take up to 3-8 weeks. Depending on your credit card company, the credit should appear on your statement within two billing cycles.

Refunds for purchases made using a S.I.L.K. EGift Card will be stored in your account as an available EGift Card balance that can be used for another purchase. If a purchase was made using an EGift Card and a credit card, the EGift Card portion of the transaction will be refunded first and then the balance refunded to your credit card. Your EGift Card balance will never expire.

If your order has been sent to a destination within the United States, all applicable sales tax will be refunded.

For International Customers:
Outside the United States, customs duties and sales taxes are non-refundable through S.I.L.K. However, you may be able to recover these by contacting your local customs bureau directly.


LATE RETURNS

Please seek to return items within 14 days of the date of your Returns Authorization request. Returns outside these timeframes may be accepted at the discretion of S.I.L.K. Please note that Returns Authorization numbers requested after 14 days will also be granted at our discretion.


FAULTY GOODS

Goods are faulty if they are received damaged or where a manufacturing fault occurs within 7 days of purchase. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty.


COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on www.silkny.com. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.


YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.


NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.


GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance the relevant United States law and the relevant courts of the United States will have exclusive jurisdiction.