Terms & Conditions

Welcome to www.PhilipStein.com (the “Site”). Please read the following Terms of Use carefully before using this Site and purchasing products or services from our Site so that you are aware of your legal rights and obligations with respect to Philip Stein, Inc. and its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “Philip Stein”).

By using this Site, you signify your irrevocable acceptance of this Terms of Use. Philip Stein has the right to revise this Terms of Use at any time without providing notice to its users. Your continued use of this Site shall be deemed irrevocable acceptance of those revisions. Philip Stein may also remove portions of this Site or add to this Site from time to time without providing notice to you.

1. Limited License

Philip Stein grants you a limited license to access and use the Site subject to the terms and conditions of this Terms of Use. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content), other than for the purchase of products or services from our Site. You may download any downloadable materials dispyed on the Site for your personal use only.

You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Philip Stein’s trademarks, logos or other proprietary information, the content of any text, any of the Materials (as defined below), or the layout and design of any page (or form contained on a page) without Philip Stein’s express written consent. Further, you may not use any circumvention tools, meta tags or any other “hidden text” utilizing a Philip Stein name, trademark, URL, or product name without Philip Stein’s express written consent.

2. Philip Stein Privacy Policy

Your use of the Site is subject to Philip Stein’s Privacy Policy. For information on Philip Stein’s Privacy Policy, please click here.

3. Site Contents

Philip Stein, its subsidiaries or affiliated companies or third-party providers hold the copyright for all copyrighted and copyrightable materials on the Site, including, but not limited to the text, images, forms, logos, graphics, audio clips, video clips, photographs, and illustrations, including the selection and arrangement of such elements (collectively, the “Materials”). Such Materials are protected by United States and international copyright laws, as well as other intellectual property laws. In addition, the entire Site is copyrighted as a collective work under United States and other copyright laws.

Any copying, uploading, reproduction, transmittal, publication or redistribution of the Materials which is not in accordance with this Terms of Use is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading.

All trademarks, service marks, logos, trade names, and any other proprietary designations of Philip Stein used herein are trademarks or registered trademarks of Philip Stein. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. All right, title, and interest in the trademarks, including all goodwill associated with the trademarks, shall remain vested in Philip Stein or the respective third parties. You agree that except as otherwise permitted in this Terms of Use, the copying, reproduction, use, transmittal, publication, redistribution or modification of the trademarks is strictly prohibited.

4. Product Purchases and Your Account

When you purchase products or services through our Site, or if you create an account on our Site, you will be required to provide us with a valid email address and create a password. It is your sole responsibility to keep your password confidential and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Philip Stein 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. Philip Stein cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

When you purchase products or services through our Site, or create an account with us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s information request form, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Philip Stein has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Philip Stein has the right to suspend or terminate your account, cancel your order, and refuse any and all current or future use of the Site (or any portion thereof).

5. Your Communications to Philip Stein

You agree that all comments, suggestions, and ideas disclosed or submitted to Philip Stein by you that relate to this Site, its design, its contents or any products or services offered by Philip Stein shall be and will remain the sole property of Philip Stein. Such disclosure or submission to Philip Stein shall constitute an assignment to Philip Stein of all worldwide rights, title and interests in the comments, including any intellectual property rights contained therein. You acknowledge and agree that Philip Stein shall have the right to use any such disclosure as it desires, including the incorporation of your ideas into the Site, without any further obligation to you, including any obligation to maintain any of your comments, suggestions or ideas in confidence, or pay any compensation to you. In addition, you acknowledge and agree that, in the event you participate in any contest or promotion, Philip Stein shall have the right to use information you provide for marketing and promotional purposes. Notwithstanding the foregoing, the provisions of this paragraph do not apply to personal information that is subject to our privacy policy, which is subject to separate provisions. Please see our Privacy Policy.

Philip Stein does not want to receive confidential or proprietary information from you through the Site or by email and you agree that any comments, suggestions or ideas submitted by you to us will not violate any intellectual property right or privacy right of any third party.

6. Philip Stein’s Communications to You

You agree that Philip Stein may send email to you for the purpose of informing you of modifications or additions to our Site, about any of Philip Stein’s products or services, or for such other purposes as Philip Stein deems appropriate, including communications related to contests and promotions.

7. Online Conduct

In consideration of your use of our Site, you promise that you will not:

 

  • • remove any proprietary notices from this Site;
  • • cause, permit or authorize the modification, creation of derivative works, or translation of this Site without the express permission of Philip Stein;
  • • use this Site for any commercial purpose (other than for the purchase of products or services from Philip Stein) or the benefit of any third party or any manner not permitted by the licenses granted herein;
  • • use the Site in any way that would violate any applicable law, regulation or ordinance;
  • • use the Site for fraudulent purposes;
  • • attempt to decompile, reverse engineer, disassemble or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented by Philip Stein with respect to this Site, and/or data transmitted, processed or stored by Philip Stein;
  • • take any steps to interfere with or in any manner compromise any of Philip Stein’s security measures or interfere with or disrupt the Site and/or the servers or networks connected to the Site;
  • • obstruct or otherwise interfere with the normal performance of another person's use of the Site;
  • • allow usage by others in such a way as to violate these Terms of Use or any other Terms of Use or policies adopted by Philip Stein from time to time;
  • • sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of a third party website or service; or
  • • do anything that violates this Terms of Use in any other way.

 

8. Our Products

Philip Stein tries to ensure that the representations of Philip Stein products that are included in our Site, including the colors of our products, are as accurate as possible. However, you should recognize that the colors of our products as they appear on your monitor may differ from those you actually receive if you place an order.

9. Disclaimer

THIS SITE, AND ALL THE CONTENTS OF THIS SITE, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PHILIP STEIN OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, PHILIP STEIN DOES NOT WARRANT THAT THIS SITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

10. Limitation of Liability

IN NO EVENT SHALL Philip Stein BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE INABILITY TO USE THE SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) EVEN IF Philip Stein HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO TERMINATE YOUR USER ACCOUNT AND DISCONTINUE ANY USE OF THIS SITE. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

11. Links to Third Party Sites

Links provided to other sites by Philip Stein, if any, are provided as a courtesy only, and the sites they link to are not under the control of Philip Stein in any manner whatsoever. Therefore, Philip Stein is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Philip Stein is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Philip Stein of any linked site and/or any of its content therein.

12. Term of Use

The license for use of this Site is effective until terminated. This license will terminate as set forth elsewhere within this Terms of Use. In addition, you agree that Philip Stein, in its sole discretion, may terminate your password, and/or user account, and remove and discard any of your stored information for any reason, including, without limitation, lack of use or if Philip Stein believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Use at any point during the Term. Philip Stein may also in its sole discretion and at any time, discontinue providing this Site, with or without notice. You agree that any termination of your access to this Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Philip Stein may immediately deactivate or delete any information stored in your account, as applicable, and all related information. Philip Stein reserves the right to bar any further access to such information and this Site. You agree that Philip Stein shall not be liable to you or any third-party for any termination of your access to this Site. Sections 2 through 16 of this Terms of Use shall survive any termination or expiration of the license for the use of this Site.

13. Your Representations and Warranties

You represent and warrant that:

 

  • • you possess the legal right and ability to enter into this Terms of Use and to comply with its terms;
  • • you will use this Site for lawful purposes only and in accordance with this Terms of Use and all applicable laws, regulations and policies;
  • • you will only use this Site on a computer on which such use is authorized by the computer's owner.

 

14. Indemnity

You agree, at your own expense, to indemnify, defend, and hold harmless Philip Stein, its employees, agents, and representatives against claim, suit, action, or administrative proceeding brought against Philip Stein, its employees, agents, and representatives to the extent said claim, suit, action, or administrative proceeding arises out of, or is related to your use of the Site, your violation of this Terms of Use, or your violation of any rights of another, including but not limited to their intellectual property rights. Without limiting the generality of the foregoing, the indemnification agreement hereunder extends to, among other things, any claim, suit, action, or administrative proceeding arising out of: (1) your use or misuse of the Site; (2) access or use of the Site by someone else using your computer or account; and (3) a violation of the Terms of Use or any policy or guidelines referenced herein by you or anyone using your computer or account. This indemnification agreement applies to any claim, suit, action, or administrative proceeding that is directly or indirectly related to the Site, including by way of illustration a claim, suit, action, or administrative proceeding that your use or access or another person's use or access of your computer or account infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right under any U.S., International, foreign, or state law. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding.

15. Severability

If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

16. Miscellaneous

You may not assign any rights granted to you hereunder. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and Philip Stein. The failure of Philip Stein at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Use against or relating to Philip Stein or any indemnified party under this Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Use and any agreements included or referred to in this Terms of Use constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contacts us at: info@philipstein.com.

17. Return Policy

Prior to returning any product, please contact Customer Service and request a Return Authorization (RA) number. You must place a new replacement order before an RA is issued, if you would prefer a different item. We, in turn, shall provide Buyer written instruction on how to return the item. Seller will provide a full refund less original shipping and insurance charges for all items received within 30 days of when the items were delivered/received, provided the items are unworn, with all original tags attached, and free of defects. Purchases of the Sleep Bracelet allow for a 30 day trial period and a total of 60 days for return is allowed for this product. Price differences between exchanges would be paid prior to reshipment. Original shipping charges are non-refundable. If you receive a defective product, you must notify us within three days of receiving the product to be eligible for a return. Philip Stein shall not be responsible for return shipping charges.

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contacts us at: info@philipstein.com.

Delivery

Delivery prices and times depend on your location and how quickly you’d like to receive your order. If you place an order before midday, we’ll process it the very same day. Note that all times referred to are in EST.

  • FREE - FedEx Express Saver (3 day Service)
  • $35.00 - FedEx Priority Overnight (Order before 10:30am)
  • $25.00 - FedEx Standard Overnight
  • $30.00 - (by 5:00pm business area / by 7:00pm residential area)
  • $25.00 - FedEx 2nd Day

Delivery

For international orders, you may need to pay customs or import duties on your order once it reaches your homeland. These charges are out of our control and we have no way of predicting what they may be. As such, we cannot be held responsible for them. Customs policies vary widely from country to country. So if you’d like more information, your best course of action would be to contact your local customs office. Customs can also delay the delivery of orders. Again, this is out of our hands.

 

Philip Stein International Warranty

Philip Stein Timepieces and Jewelry products are individually examined to ensure superb quality. We warrant each timepiece against defect in materials and workmanship for a period of TWO (2) years from the date of purchase from an Authorized Philip Stein Dealer.  The Natural Frequency Technology disks inside are warranted for a period of FIVE (5) years from date of purchase against defect in material and craftsmanship. Fine fabrics, leathers and exotic skins may be more sensitive than other more durable materials such as rubber, and stainless steel.  We warrant these products from manufacturing defects for a period THREE (3) calendar months from the date of purchase.  Care instructions are provided via our website and product packaging.

We agree to repair or replace any defective part without charge. We reserve the right to replace the product with like grade, model, or quality of item if original product is no longer available. This warranty does not cover 1) Batteries; 2) Straps or Bracelets; 3) Watch Crystals; 4) Damage resulting from normal wear, accident, misuse, abuse, lack of proper maintenance, lack of reasonable care, damage during shipment, or any other matter beyond the direct control of Philip Stein; 5) Repair services performed by unauthorized repair facilities. No responsibility is assumed for any special, incidental, or consequential damages. Tampering with product by any persons outside the Philip Stein network of authorized service centers is strictly prohibited and will result in termination of the associated warranty, even if outside of the timepieces original 2 year warranty.  (THIS WAS MOVED FROM another paragraph).

Repairs that do not fall under the warranty should only be performed by Philip Stein Authorized Repair Centers (ARC). Any services performed by unauthorized persons during the warranty period may result in termination of the warranty at the sole discretion of Philip Stein.

An International Warranty Card should have been located in your watch box at the time of purchase. If this is not the case, please contact the dealer where the timepiece was purchased. This card should be completed in its entirety at the time of purchase by an Authorized Philip Stein dealer. This warranty is accepted by Philip Stein, and will be honored by specific warranty repair facilities, provided that: 1) The Warranty Card has been signed, stamped, and dated at the time of purchase from an Authorized Philip Stein dealer; 2) The Warranty Card is provided with the watch when it is sent for repair; 3) The serial number engraved on the case is clearly legible and has in no way been altered; 4) No parts have been altered or removed from the watch, nor any services been performed on the watch by unauthorized sources.

Failure to maintain these conditions will nullify and void the Philip Stein International Warranty. This warranty replaces any other warranty, written, oral, or implied by some countries local law. Some countries may not allow limitations of incidental or consequential damages; therefore, the information would not apply.

NOTICE – UNAUTHORIZED RETAILERS

Philip Stein sells its products exclusively through its network of Authorized Distributors and Retailers. Product purchased through Unauthorized Retailers may be counterfeit, second-hand, defective, tampered with, or be of doubtful origin.

Only products purchased through AUTHORIZED retailers are covered by the Philip Stein International Warranty. Please visit our store locator for a full list of authorized Philip Stein dealers, or contact our corporate offices.