TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM THIS WEBSITE
This document sets forth the terms and conditions (the “Terms”) governing all agreements between a Website user (“Buyer” or “you”) and Daniel Cremieux and/or its legally related entities (“Seller”, “we”, “us” or “our”) for the purchase and sale of any of the products advertised for sale (the "Products") on this website (the “Website”). Seller reserves the right to make changes to this Website and these Terms at any time. Your individual purchases will be governed by the Terms that were posted on this page as of date on which your order was placed. If you do not agree to these Terms, do not make any purchases of Products on this Website.
1. Ordering Products. Your placement of an order is construed as an offer to purchase Products, and indicates your assent to these Terms. Seller’s acceptance of your offer to purchase Products is expressly made conditional upon your assent to these Terms. Any terms proposed by you that add to, vary from, or conflict with these Terms are hereby objected to and shall be void. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of when we may not accept your order are as follows: (a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described; (b) If we are unable to obtain authorization of your payment; (c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address; (d) If shipping restrictions may apply to a Product; or (e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until we send you an email confirming that the Products have been dispatched for delivery to you. In the event prolonged inactivity causes your connection to the Website to fail, your selection of Products may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wish list are not reserved and may be purchased by other customers. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
2. Customer Account. When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website. You shall be responsible for protecting your password and account access at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorized use of your account. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
3. Price and Delivery. Seller online Products and prices are offered to United States residents only. All prices of Products are in United States Dollars and are the price for the Products only. They do not include applicable sales tax or charges for delivery. Seller offers free shipping via FedEx ground only on all U.S. Product orders of more than $200 USD. Price and delivery terms are FOB Seller shipping origin. Upon Seller’s delivery of the Products to the carrier at the FOB point, title and risk of loss and damage to the Products shall pass to the Buyer. All prices are subject to change without notice. Seller reserves the right to make adjustments to the price of all Products due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. Prices for particular purchases will be those in effect at the time of shipment. Seller may make delivery in installments and receive payments for each installment. All delivery dates are estimated. SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR SELLER’S FAILURE TO FILL, OR DELAY OR ERROR IN FILLING ANY ORDER, OR FOR ANY DELAY IN DELIVERY. Out of stock items will be deleted from the order after confirmation from you. These items may be placed on back order if requested.
4. Shipping Information. Seller ships Products within North America (including the continental United States, Alaska, Hawaii, Puerto Rico, Canada and Mexico) and Europe. Seller cannot ship to a Post Office box address, territories, addresses outside the United States or APO/FPO addresses. Upon acceptance by Seller, orders for in-stock items will be shipped the next business day following the processing of the order. Please allow two (2) to five (5) business days for delivery within the continental United States. For Alaska, Hawaii and Puerto Rico, add two (2) to three (3) additional business days.
5. Payment, Taxes, and Duties. Seller accepts major credit cards for purchases made on the Website. You may also use debit cards sponsored by MasterCard, and Visa. Cards not issued by a United States banking institution will not be accepted. For your protection, we always verify that your information is correct. Therefore, we cannot accept credit cards from banks that do not allow address verification over the Internet. Please refer to your card holder agreement for all rules and regulations pertaining to your card. Payment will be debited from your account immediately following notice of the dispatch of your purchase. You confirm that the credit/debit card that is being used is yours. Seller will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence by Seller, Seller will not 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 Website.
The price that is shown on the shopping cart is the amount you will be charged, plus applicable sales tax and shipping charges. State laws require companies to collect sales tax from residents shipping merchandise to states where the company transacts business. Seller collects state and local sales tax where applicable. Where applicable, Buyer may provide Seller with an exemption certificate in form and substance satisfactory to the relevant taxing authorities. If you are tax exempt, please call Seller to place your order.
6. Warranty and Remedy. NO WARRANTIES ARE PROVIDED HEREIN AND UNLESS OTHERWISE SPECIFIED IN A WARRANTY FOR A PARTICULAR PRODUCT, ALL PRODUCTS ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. DISCLAIMER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF ANY DEFECT OR FAILURE OF THE PRODUCTS, BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Not withstanding any other provision hereof, in no event shall Seller’ total liability relating to or in connection with any Products whether based on contract, warranty, tort (including negligence), strict Product liability or otherwise, exceed the actual amount paid to Seller by Buyer for the Product(s) giving rise to the liability. In no event shall Seller be liable for the costs of procurement of substitute good or services.
8. Remedy: In the event that a Product purchased under these Terms fails to perform as warranted, Buyer’s exclusive remedy, and Seller's sole liability therefore, shall be, at Seller's option, the replacement of any defective Product or return of the purchase price. Buyer agrees that the disclaimers and liability limitations contained in these Terms shall remain in effect even if an exclusive remedy is determined to fail of its essential purpose.
9. Cancellation and Return Policy. Because your order is processed as quickly as possible, you have up to 60 minutes to cancel your order before your order is fully processed. If the cancel option is available, you will find a button next to your order transaction permitting the cancellation. If, for any reason, you are not completely satisfied with your purchase, you may return the Product within thirty (30) days of purchase to Seller and obtain a full refund of the original purchase price of the merchandise, excluding shipping and handling charges. After thirty (30) days of purchase, you may return Products only for store credit or exchange subject to a $25 USD courier charge. We will send the exchanged Products to you within seven (7) business days upon receipt of the original receipt or email confirmation of purchase. All returns must be accompanied by a copy of the original receipt or email confirmation of purchase. All returns and exchange replacements are also subject to these terms: 1) Shipping and handling charges are not refundable; 2) You are responsible for all freight charges involved in returning and replacing items; 3) Certain items, including, but not limited to, sale, markdown, friends & family items, private sale, special order items and items specifically noted with 'NO RETURNS' are final sale and cannot be returned; 4) Products must not be tried on, or in worn or damaged condition.
a. Notices. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Website by Seller. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed on the Website; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Website. Except as expressly directed otherwise by Seller herein or elsewhere on the Website, notices to Seller should be sent to : firstname.lastname@example.org.
b. Force Majeure. Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault of Seller. Quantities are subject to availability. In the event of production difficulties or Product shortages, Seller may allocate sales and deliveries at its sole discretion.
c. Substitutions and Modifications. Seller reserves the right to substitute or change materials, parts, Product specifications or functional attributes at any time without notice. Seller also reserves the right to ship Product in multiple boxes and/or shipments.
d. Governing Law, Jurisdiction and Costs. This agreement is governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Website or these Terms shall be brought only in the courts of the State of New York or the United States District Court for the Southern District of New York. In the event the Buyer and Seller are unable to resolve any dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.
e. Assignment. Buyer may not assign its rights or obligations hereunder without the express prior written consent of Seller.
f. Entire Agreement. These Terms constitute the entire agreement with regard to purchases on the Website and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said purchases, including any terms and conditions on any of Buyer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto.
g. The failure of Seller to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
h. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Websites will in any event remain valid and enforceable.