LAST UPDATED: September 27, 2023
Thank you for visiting our website. This Website is owned and operated by Saks OFF 5TH LLC (Saks OFF 5TH). These Terms and Conditions govern SaksOFF5TH.com and any other website or mobile app operated by Saks OFF 5TH or using the Saks OFF 5TH brand name (the “Website”). Please read the Website Terms and Conditions carefully before using this Website. By using this Website, you agree to be bound by all terms and conditions contained in these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Website. The Website is not intended for use by those under the age of 18 or the legal age of majority in their state of residence.
We may, in our sole discretion, modify these Terms and Conditions with or without notice to you. The "Last Updated" date at the top of these Terms and Conditions will indicate when the latest modifications were made. By continuing to access and use the Website after these Terms and Conditions are modified, you agree to such modifications. Therefore, you should review these Terms and Conditions prior to each use of the Website. In addition, when using particular services or features or making purchases at the Website, you will be subject to any guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms and Conditions.
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED "DISPUTE RESOLUTION-ARBITRATION IF A DISPUTE ARISES" BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST SAKS OFF 5TH ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST SAKS OFF 5TH IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
We are always ready to address your questions and concerns regarding this policy and our privacy practices. If you would like to speak to a Customer Service representative, please use our Contact Us page, or email us at support.saksoff5th.com/s/contactsupport.
By using our Website, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Website with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms and Conditions; otherwise, please exit the Website.
Availability of merchandise on our Website is not guaranteed. If merchandise is not available by the time your order processes, we will notify you via email. You can verify availability by reaching out to a Customer Service representative through our Contact Us page. You will receive a shipping confirmation email once your items have shipped.
All merchandise features and specifications described or depicted on the Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of merchandise, including the applicable colors; however, the actual color you see will depend on your monitor or mobile device, and we cannot guarantee that your computer will accurately display such colors.
The prices displayed on our Website may differ from prices that are available in stores, and may differ from store to store.
Information on our Website may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, 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 on the Website is inaccurate at any time without prior notice (including after you have completed the checkout process).
Product listings are not an offer. They are an invitation for you to make an offer to purchase that item. Completing the checkout page creates such an offer by you. Saks OFF 5TH accepts that offer by completing the shipment of your order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your offer, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your offer to accept or decline your offer for any reason or for no reason at all. Among other things, if we discover a pricing error on our website, we reserve the right to refuse to sell the product to you at the listed price. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.
The product listing pages on our website make a good faith effort to list the prices that we intend to charge upon receipt of an offer from you. But despite our efforts, errors can occur. In the event of such an error, we reserve the right to decline to sell the product to you at the listed price, even if you have completed the checkout process.
Sales tax will be determined and charged as of time of shipping on orders shipped within the US, except on orders delivered to Alaska, Delaware, Montana, New Hampshire, and Oregon. Sales tax shown in the checkout process may be incorrect in amount or application. We reserve the right to make an adjustment to the amount charged at any time to reflect the correct sales tax amount regardless of what is shown in the checkout process. In the event of errors in our sales tax calculation process, we reserve the right to collect estimates of sales tax and to later adjust the associated charges in an upward or downward reconciliation. No sales tax is charged on the purchase of a Gift Card.
If you make a purchase at this Website, your purchase will be charged to your method of payment, which you agree to pay consistent with the applicable agreement with the provider of that method. Your purchase will be subject to additional purchase terms and conditions (collectively, "Purchase Policies") appearing on the Shipping, Returns & Exchanges, and Taxes pages, which are hereby incorporated into and made part of these Terms and Conditions. Please review our Purchase Policies before making any such purchase. By submitting payment information in connection with any such purchase, you agree to our Purchase Policies.
Use of the Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms and Conditions. Please carefully review our Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.
You acknowledge that all materials at this Website, including the Website's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Saks OFF 5TH and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms and Conditions are reserved to their respective copyright owners. Saks OFF 5TH authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms and Conditions, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Saks OFF 5TH or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Website are the sole property of Saks OFF 5TH and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Saks OFF 5TH and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Saks OFF 5TH and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Saks OFF 5TH. Saks OFF 5TH reserves the right to enforce its intellectual property rights to the fullest extent of the law.
One or more patents may apply to the Website, including, without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
Links at the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Saks OFF 5TH does not control or endorse any such third party websites. You agree that the Saks Parties, as defined below, will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Saks OFF 5TH expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
If you provide information at the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Saks OFF 5TH has reasonable grounds to suspect that such information is false, inaccurate or outdated, Saks OFF 5TH has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.
You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Saks OFF 5TH of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Saks OFF 5TH. The Saks Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website.
You further agree that you will not access this Website by any means except through the interface provided by Saks OFF 5TH for access to the Website. Creating or maintaining any link from another website to any page at the Website without the prior authorization of Saks OFF 5TH is prohibited. Running or displaying this Website or any information or material displayed at the Website in frames or through similar means on another website without the prior authorization of Saks OFF 5TH is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.
Saks OFF 5TH makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not the Saks Parties, are responsible for compliance with applicable local laws.
We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Website, by email, via social media or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain property of Saks OFF 5TH and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
We respect the intellectual property rights of others, and require that the people who use the Website do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
The contact information for Saks OFF 5TH's Copyright Agent is:
You agree that Saks OFF 5TH may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Saks OFF 5TH, in its sole discretion, believes is in violation of these Terms and Conditions or any applicable law or is harmful to the interests of another user or the Saks Parties. Notwithstanding such termination or suspension, you will continue to be subject to the "Intellectual Property," "Warranties, Disclaimers and Limitations of Liability," "Indemnification," "Applicable Law and Jurisdiction" “Dispute Resolution-Arbitration if a Dispute Arises” and "Customer Ratings and Reviews Terms of Use" sections of these Terms and Conditions.
Saks OFF 5TH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms and Conditions, you agree that Saks Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the Website is at your sole risk. The Website and the materials contained herein are provided on an "as is" and "as available" basis. Except as otherwise expressly provided in these Terms and Conditions, Saks OFF 5TH, its parent, subsidiary and other affiliated companies, and their respective officers, directors, employees and other representatives (collectively, the "Saks Parties"), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the Saks Parties make no warranty that: (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations or needs; and (v) any errors in the Website will be corrected.
All products and services purchased on or through the Website are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, the Saks Parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the Website. Without limiting the generality of the foregoing, the Saks Parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
The Saks Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the Website; or (vi) for any other matter relating to this Website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Saks OFF 5TH and you. The products, information and services offered on and through the Website would not be provided without such limitations.
Notwithstanding the foregoing, the sole and entire maximum liability of the Saks Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Saks OFF 5TH on this Website.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
You agree to indemnify, defend and hold harmless the Saks Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms and Conditions, your infringement or violation of any rights of another, or termination of your access to the Website.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of New York and further agree that any cause of action arising from or relating to the use of the Website or these Terms and Conditions shall be brought exclusively in the Federal or State Courts residing in New York County, New York.
To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to use of the Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
YOU AND SAKS OFF 5TH AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Saks OFF 5TH agree that any controversy, claim, action, or dispute between you and Saks OFF 5TH, its affiliated companies and their respective officers, directors, employee, agents or contractors arising from or relating to any interaction with Saks OFF 5TH (“Dispute”), will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Saks OFF 5TH Avenue (the "CRR Service"). To the extent of any conflict between Saks OFF 5TH’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.
By submitting any content to Saks OFF 5TH, you represent and warrant that:
You agree to indemnify and hold Saks OFF 5TH (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to TurnTo Networks, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Saks OFF 5TH a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Saks OFF 5TH's sole discretion. Saks OFF 5TH reserves the right to change, condense or delete any content on Saks OFF 5TH's website that Saks OFF 5TH deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms and Conditions. Saks OFF 5TH does not guarantee that you will have any recourse through Saks OFF 5TH to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Saks OFF 5TH reserves the right to remove or to refuse to post any submission if it is inappropriate under the circumstances. You acknowledge that you, not Saks OFF 5TH, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Saks OFF 5TH, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Saks OFF 5TH and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
These Terms and Conditions constitute the entire and only Terms and Conditions between Saks OFF 5TH and each user of the Website with respect to the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Saks Parties to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms and Conditions.
If you sign up to receive marketing text messages (e.g., SMS and MMS) from Saks OFF 5TH (“Saks OFF 5TH Text Alerts”), we will text you when something special is happening at Saks OFF 5TH or to provide you with promotional and personalized marketing text messages (e.g., cart reminders). Now sales, events & insider access are closer—and more immediate—than ever. And don't worry, you can always opt-out. The Saks OFF 5TH Text Alerts Program does not include informational or transactional text alerts you may have opted-in to receive in connection with other Saks OFF 5TH programs, such as Buy Online Pick Up In Store.
By opting into Saks OFF 5TH Text Alerts via online Web Form or Keyword, you agree to receive recurring automated promotional and personalized marketing text messages, which may be sent using an automatic telephone dialing system to the phone number provided at opt-in or any other number that you designate. By signing up to receive text messages from us, you also agree to our Privacy Policy.
Message frequency will vary. Saks OFF 5TH 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. Saks OFF 5TH also reserves the right to change the shortcode or phone number from which messages are sent, and we will notify you when we do so. Text HELP for info. Text STOP to cancel. Consent not required to purchase goods or services. Message and data rates may apply.
After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT in response to a Saks OFF 5TH Text Alert, you will receive one additional message confirming that your request has been processed. You will not receive any further messages unless you opt-in to the program again. 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 Saks OFF 5TH 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 Saks OFF 5TH through any other programs you have joined until you separately unsubscribe from those programs.
Returns and Exchanges are subject to our Return Policy, which is hereby incorporated into and made part of these Terms and Conditions.
The Saks OFF 5TH Rewards Program is subject to the OFF 5TH Rewards Program Terms and Conditions.
