Welcome to the website (the "Website") of NK Newlook Industries, Inc., a Florida corporation, located at 620 West 27th Street, Hialeah, Florida 33010 (hereinafter referred to as "Newlook" or "we"). Newlook maintains the Website at www.nknewlook.com as a service to our customers. By using the Website, you are agreeing to comply with and be bound by the following terms and conditions of service ("Terms and Conditions" or "Agreement"). When you ("Buyer") purchase products from this Website, Newlook will collect information such as name, address, phone number email address, and the like. We may also obtain additional information about you, such as address change information, from commercially available sources, in order to keep our records current.
Newlook reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as modified. For this reason, we encourage you to review these Terms and Conditions each time you use this Website.
The Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Newlook’s products, including goods and services ("Merchandise") and/or to otherwise transact business with or contact Newlook, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients).
All of the content you see on this Website, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the "Content") is the exclusive property of Newlook and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Newlook, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Newlook. The entire Content of the Website is copyrighted as a collective work under U.S. and other applicable copyright laws, and Newlook owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Website, and the Website as a whole, are intended solely for the personal and non-commercial use of the users of our site. You may download or copy the Contents and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this site. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software. Newlook reserves complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Newlook.
We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Submissions") sent to newlook.com shall be and remain the exclusive property of Newlook. Your Submissions shall constitute an assignment to Newlook of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Submissions. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Submissions that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Merchandise is built per your specifications. Drawings must be precise with accurate measurements. In case of a dispute about interpretation of the drawing, Newlook’s interpretation will prevail. It is your responsibility to make sure the interpretation is correct. If you have special design requests, these requests need to be precise, including but not limited to, color scheme, measurements, and tolerances. We have done our best to display as accurately as possible the colors of the Merchandise shown on this Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Upon the placement of an order, Newlook shall provide an estimated delivery date. Newlook accepts no responsibility for delays caused by the courier or for matters beyond our reasonable control. It is the responsibility of the Buyer to calculate whether the Merchandise will fit through the Buyer’s door for inside delivery. The Buyer shall be responsible for all special handling charges assessed by courier due to Buyer’s special request upon delivery. Special delivery services are available for an additional charge. Your Newlook salesperson can assist you with detailed information about special delivery pricing to meet your requirements. All prices are FOB Hialeah, Florida.
All Newlook Merchandise shall be delivered via reasonable means chosen by the Seller. It is the responsibility of the Buyer to inspect the Merchandise for conformity with order and defects prior to signing the Bill of Lading. The acceptance of Merchandise by the Buyer constitutes delivery. Please do not sign the Bill of Lading until you are sure the Merchandise has been delivered in good condition. Buyer must report any defects or freight damage to Newlook’s customer service within 48 hours after delivery. Newlook is not responsible for any Merchandise that is accepted as free from defect or damage. Newlook accepts no responsibility for any Merchandise that Buyer reroutes or that is shipped via Buyer’s freight carrier.
Newlook has a strict "No Returns Policy". All sales are final and any returns are subject to Newlook’s sole discretion. No returns or cancellations will be accepted unless authorized in writing by Newlook. Any and all freight, shipping and handling fees are not refundable.
The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into US territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order.
You agree to defend, indemnify and hold Newlook harmless from and against any and all claims, damages, costs and expenses, including attorneys'; fees, arising from or related to your use of the site, including, without limitation, your use of this Website in violation of these Terms and Conditions.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEWLOOK DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NEWLOOK MAKES NO WARRANTY THAT THE WEBSITE WILL MEET BUYER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEWLOOK OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
NEWLOOK AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY AND RELIABILITY OF ITS MERCHANDISE FOR A PARTICULAR USE OR PURPOSE OR THATTHE MERCHANDISE WILL MEET THE REQUIREMENTS OF THE AMERICAN WITH DISABILITIES ACT ONCE INSTALLED.
IN NO EVENT SHALL NEWLOOK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF NEWLOOK OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN BUYERS. IN NO EVENT SHALL NEWLOOK BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY BUYER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF NEWLOOK TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO NEWLOOK FOR YOUR ACCESS TO OR USE OF THE WEBSITE.
You may be asked to supply a username and password and to answer security questions which you have the opportunity to select. We use this method to allow you to access your services in accordance with the Terms and Conditions of the Website.
We do not sell or rent your information to anyone. Newlook uses your personal information to manage your account, to contact you and to improve and deliver our Merchandise. We use your personal information to provide you with information and services you request, and if appropriate, to tell you about Newlook’s products. We use your personal information to charge you for the Merchandise you purchase. We use the contact information you provide to communicate with you.
We will only disclose the information pursuant to a properly issued court order or subpoena.
We protect the confidentiality and security of your personal information from loss, misuse, or unauthorized alteration by using industry-recognized security safeguards such as firewalls, coupled with our own security procedures. We maintain physical, electronic and procedural safeguards that comply with applicable law and federal standards. Your account information is password protected and we recommend that you do not share your password with anyone.
Safeguarding your personal information is a top priority. The Website resides behind a firewall and uses SSL (Secure Sockets Layer, the industry-standard security protocol used to communicate with browsers) to transmit personal information. Data is strongly encrypted during transmission to ensure that personal and payment information is secure. Industry-standard data encryption techniques are used to protect personal information on Newlook computers.
This Website and the Contents therein are displayed solely for the purpose of promoting Newlook’s Merchandise. This Website is controlled and operated by Newlook from its offices in Florida. Newlook reserves the right to make changes to the information in this Website, or to the services described therein, at any time without notice. Newlook makes no commitment to update this information.
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Florida.
We respect the intellectual property rights of others, and require that the people who use the Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Joseph R. Englander, Esq.
Shutts & Bowen LLP
200 East Broward Blvd., Suite 2100
Fort Lauderdale, Florida 33301
All inquires about this Website may be directed to:
NK Newlook Industries, Inc.
620 West 27th Street
Hialeah, Florida 33010