Terms of Use

Introduction

Welcome to the Christopher & Banks website christopherandbanks.com (the "Site"). Please review these terms (“Terms of Use”) carefully because by visiting or using the Site, or by creating an account, you agree to these Terms of Use (also referred to as this "Agreement"). We reserve the right to make changes to the Site and to these Terms of Use. When we make changes to the Terms of Use we will update them here. In the future, you may wish to check these Terms of Use from time-to-time. It is your responsibility to review the Terms of Use for updates or changes. Our Privacy Policy is part of these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site

This Site is owned and controlled by the Christopher & Banks family of companies, including Christopher & Banks, Inc. and its current and future parent and subsidiary companies (collectively referred to as "we", "us", "our" or similar terms), and is operated with the assistance of certain third parties.

Product Availability

We pride ourselves on providing quality merchandise. Availability of merchandise may vary at our stores and on this Site. Some items may be available only in limited quantities and all items are available only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on this Site. Display of an item on this Site is not a guarantee that the item is currently in stock or that it will be available on the Site if you visit again. Not every item in a Christopher & Banks store is offered for sale on the Site, nor is every item displayed on this site offered for sale in each of our stores. The merchandise displayed on the Site may frequently change. If you are unable to locate a particular item that caught your attention on a previous visit to our Site or if you have any questions concerning the availability of a particular item, please contact our Customer Service group using the information found in the section below called "Our Contact Information".

Product Display

We make an effort to display our merchandise on this Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of the screen of your device, may significantly affect what you actually see on your screen. We are not responsible for the display of any color, texture or detail of our products on your screen and cannot guarantee the accuracy thereof. They have solely an indicative value, given the alterations that may occur as a result of their uploading onto the Site. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, promotions, sizing, fabrication, color or availability. To the extent permitted by applicable law: (i) we reserve the right to correct errors at any time without prior notice (including after your order has been placed); (ii) if, in spite of all the care taken by Christopher & Banks, there are inaccuracies in the presentation on the website, Christopher & Banks shall in no event incur any liability therefor and (iii) if a product offered on the website is not as described, your sole remedy is to return it in an unused condition for a refund in accordance with our returns policy, which can be viewed here.

Product Pricing and Availability

Prices displayed on this Site are quoted in U.S. currency and are valid and effective only in the United States. Orders are subject to applicable taxes and shipping charges. The prices displayed on the Site are subject to change at any time with or without notice. The prices or items in our stores may be different from those appearing on this Site. Always review pricing at time of checkout as the pricing for products and other items in your shopping cart may have changed from the time they were originally placed in the cart. Your placement of an order through this Site constitutes your offer to purchase the items selected by you. We may accept or reject your offer, which is not accepted by us until we ship your order.

Product and Site Accuracy

We strive to include accurate and current information on the Site. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. To the extent permitted by applicable law: (i) we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice; (ii) in the event a product ordered is no longer available or if the price has increased, we may decline your offer to purchase it or we may contact you to confirm whether you would like to continue with your purchase given the new availability or pricing information; and (iii) we do not warrant that product description or other Site content is accurate, complete, reliable, current, or error-free. In the event that an inaccuracy arises, please inform Christopher & Banks so that it can be corrected.

Ownership of Site, Copyrights, and Trademarks

Unless otherwise noted, this Site and all content, images, photos, text, designs, data compilations, organization and arrangement, and software within or related to the Site (collectively referred to as the "Content"), are our property. We grant you a non-exclusive license to use the Content solely for your personal, non-commercial use.

This Site may contain one or more references to our various common law or registered trademarks and other graphics, logos, page headers, button icons, scripts, domain names, service names, and trade dress of Christopher & Banks (collectively "Marks"). Christopher & Banks' Marks may not be used by you in connection with any product or service that is not Christopher & Banks', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Christopher & Banks. All other trademarks not owned by Christopher & Banks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Christopher & Banks.

Infringing Material

We respect the intellectual property rights of others and expect others to do the same. We do not permit copyright infringing activities on this website and will, if properly notified, expeditiously remove or disable access to infringing content from this website. We reserve the right to remove or disable access to content without prior notice.

Copyright Infringement Notification

In accordance with the Digital Millennium Copyright Act (DMCA), we will expeditiously respond to notices of alleged infringements that are reported to Christopher & Banks Corporation’s Designated Copyright Agent (see Section 512(c)(3) of the DMCA or seek the assistance of counsel).

To file a copyright infringement notification with us, you will need to send a written communication that includes information in the following Notice and deliver it to the Designated Copyright Agent. (Please note, the information provided in this Notice may be forwarded to the person who supplied the allegedly infringing content):
Notice of Copyright Infringement (Notice):

  • Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material you claim is infringing (the subject of infringing activity) and that access to which is to be disabled, including at a minimum the URL from the website page where such material may be found.
  • Provide information reasonably sufficient to permit us to contact you, or your authorized agent, including a name, address, telephone number and, if available, an email address.
  • • Include both of the following statements in the body of the Notice: /li>
    1. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    2. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • Provide your full legal name and your electronic or physical signature, or a physical or electronic signature of a person authorized to act on your behalf.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

  • DMCA Complaints
  • Attn: Luke Komarek, SVP & General Counsel
  • Christopher & Banks Corporation
  • 2400 Xenium Lane
  • Plymouth, MN 55378
  • lkomarek@christopherandbanks.com

Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity (content) is infringing may be subject to liability for damages.

Your Account and Computer Data Safety

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves and other similar problems. You are expected to use the Site only for lawful purposes.

Site Rules; User Comments

Any comments, suggestions, ideas, materials and other submissions that you send to us through the Site or by email, mail, telephone, at our stores or otherwise, or in any social media accessible in the future through us or our Site or related to or associated with us ("User Comments") are provided on a non-confidential basis. To the extent permitted by applicable law, by submitting User Comments, you are granting us an irrevocable and unrestricted license to the User Comments for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works.

You are and shall remain solely responsible for any of your User Comments. We may monitor, edit or delete any User Comment, in our discretion.

You are not to use the Site to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.

Site Access

We may discontinue all or part of this Site at any time. We may block or limit your access to this Site for any reason, including if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.

Links

The Site may contain links to other Sites operated by third parties ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services.

Privacy

To the extent permitted by applicable law, your use of the Site is subject to our Privacy Policy so please review the policy for more details on how we collect and use information. Click Here to view our Privacy Policy.

Non-Commercial Use

This Site and products sold through this Site are intended solely for the personal, non-commercial use of our customers and our potential customers. Our products are not being offered for re-sale.

Disclaimer of Warranty and Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. HOWEVER, THE FOREGOING DISCLAIMER OF WARRANTY AND LIABILITY SHALL NOT APPLY TO DISCLAIM ANY WARRANTY OR LIABILITY THAT ARISES AS A RESULT OF OUR OWN NEGLIGENCE, FRAUD, WILLFUL INJURY, OR WILLFUL VIOLATION OF LAW, INCLUDING ANY VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 et seq.

Choice of Law/Venue

To the extent permitted by applicable law: (i) this Agreement and any dispute related to this Agreement or our Site shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions; (ii) any dispute arising under this Agreement shall be resolved exclusively by the state courts of or federal courts within the State of Minnesota and (iii) you agree that you are subject and will submit to the jurisdiction and venue of such courts.

Non-Waiver

Our failure to act with respect to any failure by you or of others to comply with these Terms of Use does not waive our right to act with respect to subsequent or similar failures to comply with these Terms of Use by you or others.

Feedback and Information You Submit

(a) User Content. The Site may provide you and others with the opportunity to participate in forums, blogs, message boards, social networking, and other communications (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Christopher & Banks or the Site, including, without limitation, Designs (as defined below), photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, feedback, comments, suggestions or personally identifiable information (collectively, “User Content”).

(b) Terms Applicable to User Content. To the extent permitted by applicable law and except as otherwise set forth in our Privacy Policy, or any other agreement on the Site at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You also agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Christopher & Banks these licenses. Upon Christopher & Banks’ request, you will furnish Christopher & Banks with any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Christopher & Banks.

(c) License to Christopher & Banks for User Content. You grant to Christopher & Banks the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that Christopher & Banks is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Christopher & Banks, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant to Christopher & Banks the unconditional right to use and exploit your name, persona and likeness, and profile picture, included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to Christopher & Banks the right to sub-license and authorize others to exercise any of the rights granted to Christopher & Banks under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Christopher & Banks under these Terms. You further authorize Christopher & Banks to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

(d) Christopher & Banks’ Obligations Regarding User Content. You agree that Christopher & Banks has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that Christopher & Banks will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and Christopher & Banks may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Christopher & Banks reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which Christopher & Banks will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums Rules (defined below) when notice of such violations are directed to Christopher & Banks’ attention.

Christopher & Banks is not in any manner responsible for the User Content. Any opinions, advice, statements, or other information contained in User Content made available on the Site are those of the respective author(s) or distributor(s) and not of Christopher & Banks. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content. You acknowledge that by providing you with the ability to view User Content on the Site, Christopher & Banks is not undertaking any obligation or liability relating to any such User Content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. User Content posted may not be maintained on the Site by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that Christopher & Banks is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.

(e) Your Obligations Regarding User Content. You agree that you need to evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As Christopher & Banks may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content. HOWEVER, THE FOREGOING SHALL NOT APPLY TO DISCLAIM ANY LIABILITY THAT ARISES AS A RESULT OF OUR OWN NEGLIGENCE, FRAUD, WILLFUL INJURY, OR WILLFUL VIOLATION OF LAW.

Social Media Contests

Christopher & Banks may from time to time sponsor a variety of contests on its social media Sites or otherwise. For the details and terms and conditions of Christopher & Bank’s latest contest or sweepstakes, please consult the official rules of the specific contest or sweepstakes.

Ability to Accept Terms of Use

You affirm that you are 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Shipment

Any delivery times provided on the website are estimates only and to the extent permitted by law; (i) exceeding these times shall in no event be held against Christopher & Banks or give rise to any cancellation of the contract or to any indemnity whatsoever for damages and interests and (ii) the risk of loss and title for such items pass to you upon Christopher & Banks’ delivery to the shipper.

OUR CONTACT INFORMATION

If you have questions or comments about these Terms of Use, please contact us in any of three

ways:

  • Send us an email: info@christopherandbanks.com
  • Call us at (763) 551-5000
  • Write to us at: Customer Service, Christopher & Banks, Inc., 2400 Xenium Lane North, Plymouth, Minnesota 55441
UPDATE

These Terms of Use were last updated in December 2016.