WHY THIS NOTICE

Grégoire Garçon. (“Grégoire Garçon,” “we” and “us”) provides this privacy policy (“Privacy Policy”) to describe how we use, process and disclose certain data that we collect from users of the websites, located at​ www.gregoiregarcon.com​ (collectively, the “Site”) and online services (the “Services”). This Privacy Policy does not apply to any data that we collect offline or through sources other than the Site. This Privacy Policy only applies to the Site and not to other websites consulted by the user through links.

 

TYPES OF DATA COLLECTED; USE AND PROCESSING OF DATA

We collect certain individually identifiable data that you actively submit through the Site (“personal data”) as well as other non­individually identifiable information that we collect through cookies and other tracking technologies (“data”).

Through the Services you may purchase products, sign up for a newsletter, create an account, complete an online survey form, participate in promotions, or otherwise actively send us personal data on the Site. Such personal data may include your name, email address(es), billing address(es), delivery address(es), telephone number(s), credit card information, consumption patterns, lifestyle, and product interests.

When purchasing products through the Services, you have the option to create an account (an “Account”). If you choose to create an Account, we will collect your name, date of birth, email address and password, during the process of creating an Account. When you order products on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and delivery information. This information may be shared with third parties who help process and fulfill your purchases.

If you provide us feedback or contact us via e­mail, we will collect your name and e­mail address, as well as any other content included in the e­mail, in order to send you a reply. If you participate in one of our surveys or in a promotion on our Site, we may collect additional personal data from you in order for you to participate in such surveys or promotion. We may also collect personal data at such other points in our Site that state that personal data is being collected.

We use personal data primarily for the purpose for which you originally provided it (for example, to sell and deliver products, to provide the requested newsletter, or the like), and for purposes of improving our products and services, market research, and profiling.

We may also use personal data to facilitate the creation of and secure your Account on our network, provide improved administration of our Site and Services; provide the Services you request and improve the quality of experience when you interact with our Site and Services. We may use personal data to transmit direct marketing communications to you by email, although you can opt­out of receiving such communications at any time by responding to the opt­out instructions within the communication. If you opt out, we may still send you non­marketing emails.

We may also receive similar non­personally identifiable data from third parties. We use this data to provide better service to Site visitors, customize the Site based on your preferences, compile and analyze statistics and trends, to otherwise administer and improve the Site for your use, and to personalize offers.

 

DATA COLLECTED VIA TECHNOLOGY 

When you visit the Site, we passively collect data through the use of cookies on your computer and Internet connection, such as the IP address of your computer and/or Internet service provider, the date and time you access the Site, the Internet address of websites from which you link to our Site, the computer technology you are using and your movements and preferences on our Site. We may also use such cookies to collect information in connection with future visits to the Site (such as to remember your username and password), to recognize you as a previous visitor, and to track your activity on the Site. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of the Site might not work without cookies.

We reserve the right to use other technologies such as Internet tags, web beacons, and navigational data collection tools. We use data collected by such technologies primarily to:

  • Evaluate, analyses and improve our business;
  • Administer, protect, and improve our Site and our systems;
  • Better understand the preferences of our Site visitors;
  • Identify server problems;
  • Compile aggregated statistics about Site usage;
  • Help personalize your experience on our Site;
  • Advertise on other sites across the Internet; and
  • Personalize offers.

We may combine data gathered through cookies and other tracking technologies with personal data, although when we do, we treat all such data as personal data for purposes of this Privacy Policy.

We may also use third parties to serve ads on the Site. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here:​ www.aboutads.info/choices​or​​ www.networkadvertising.org​. This Site also uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze your use of the Site, compiling reports on website activity and providing other services relating to website activity and Internet usage. Google will not associate your IP address with any other data held by Google. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. To view Google’s privacy policy, please visit www.google.com/intl/en/analytics/privacyoverview.html​. If you would like to opt out of sending your data to Google for analytics purposes, you can install the Google Analytics Browser Add­On, details of which are available at tools.google.com/dlpage/gaoptout?hl=en How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.

 

DATA DISCLOSURE AND SHARING

Grégoire Garçon may in compliance with applicable data protection law share and receive personal data within the Grégoire Garçon affiliated group of companies, so that Grégoire Garçon may inform you of other products that may be of interest to you, improve your shopping experience, and improve our Site design. We may also disclose personal data to our franchisees for customer relationship management (ensure the same customer’s benefits worldwide), profiling and marketing purposes. By using the Site, you consent to the sharing of your personal data in the manner as set out in this section. You may opt­out of our sharing your personal data with such affiliates and franchisees at any time by contacting us at the head office address described below.

We contract with selected third parties that provide services on our behalf to maintain the Site, provide our client communications, and provide other services. The services provided by third parties are: Site hosting, order processing, fraud screening, order and return fulfillment, payment processing, customer service, shipping and delivery, mailing. The personal data that we obtain through this Site may be accessed by these third parties, solely on Grégoire Garçon’s behalf, but we generally do not authorize these service providers to make any other use of your personal data. We may also disclose personal data to financial institutions or other third parties in connection with performing payment transactions. We do not otherwise disclose your personal data to third parties, unless required by law, in connection with a legal claim or proceeding, or when otherwise necessary to protect the rights or interests of Grégoire Garçon or third parties. If Grégoire Garçon is acquired by another entity or subject to any other corporate transaction, personal data may be made available to or transferred to the prospective or actual acquiring entity. However, we will require such entity by contract to protect the personal data in a manner that is consistent with this Privacy Policy.

 

DATA HOSTING AND SECURITY

This Site is hosted on servers maintained by HostGator, Inc. on behalf of Grégoire Garçon. The servers are located in the United States. Accordingly, your personal data will be transferred to this country, which may have different data protection laws to your country of residence, for the purposes of hosting the Site.

We maintain reasonable procedures to protect the security of your personal data from unauthorized access, use or disclosure. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your personal data, we cannot guarantee its absolute security. Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.

 

ACCESS AND CORRECTION

Please keep your personal data, accurate, current, and complete by regularly updating your Account or by contacting us as specified below. If you completely delete all of your personal data, then your Account may become deactivated. You can request to change contact choices, opt­out of our sharing with others, and review, update, correct, or delete your personal information. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

 

AMENDMENTS

We may amend this Privacy Policy from time to time. If we make material changes, we will post a revised version of the Privacy Policy on the Site and notify you by posting a link on the home page of our Site that says “Revised Privacy Statement.”

Please check back periodically, and especially before you provide any data to us. We will also indicate a revised ”Last Updated” at the top of this Privacy Policy and the changes in the Privacy Policy will not be effective until 30 days after first posting the revised version.

 

CONTACT US

Please contact us with any comments or suggestions you might have regarding the information practices described in this Privacy Policy as follows:

Registered Office (US):
801 Brickell Ave
Suite 900
Miami, FL 33131

Phone: +1 (305) 789-6651

This email address is being protected from spambots. You need JavaScript enabled to view it.

1. GENERAL PROVISIONS

Grégoire Garçon, Inc. (“Grégoire Garçon,” “we” and “us”) offers products from the Grégoire Garçon collections (“Product(s)”) for sale directly to its customers through this site www.gregoiregarcon.com​ (the “Site”). The sale of Products on the Site is subject to these Terms and Conditions of Sale (“Terms of Sale”). The Products offered for sale on the Site are sold by Grégoire Garçon, a company organized and existing under U.S. laws, with registered office in Miami, Florida. registered with Federal ID#XXXXXXXX.

2. INFORMATION FOR CONSUMERS

2.1. The Products displayed on the Site are offered for sale to consumers only (”Consumer(s)” or “you”). The purchase of the Products on the Site is permitted only to individuals who are 18 years of age or over. The Products offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.

2.2. Before confirming and submitting a purchase order, you must carefully read and accept these Terms of Sale. These Terms of Sale, together with the Privacy Policy of the Site contain the rules governing the contract between you and Grégoire Garçon for the purchase of Products through the Site. These Terms of Sale together with the Privacy Policy constitute the entire agreement between you and Grégoire Garçon regarding the use of the Site or any Product.

2.3 By submitting a purchase order you hereby accept and undertake to observe these Terms of Sale and represent that you have the right, authority, and capacity to enter into these Terms of Sale (on behalf of yourself or the entity that you represent). You may not accept the Terms of Sale if you are not at least 18 years old. If you do not agree with any of the terms set out in the Terms of Sale, you should not submit an order to purchase Products on the Site

3. ORDER PROCEDURE AND ACCEPTANCE 

3.1. For each Product offered for sale on the Site, a picture of the Product will be displayed on the Site, together with the unitary price, the colors and sizes available. Pictures of Products are provided purely to illustrate the Product. Grégoire Garçon is not responsible for any inadequate graphical representation of the Products offered for sale on the Site.

3.2. To purchase a Product, you must select the Product(s) of interest, the color and the size. The Product(s) selected for purchase will be added to your shopping cart. If you have not created an online account with Grégoire Garçon and/or are shopping without being logged into this account it will not be possible to save the shopping cart to proceed to the purchase on a later stage. If the purchase procedure is not completed, all items included in your current shopping cart will be deleted and you will need to start a new purchase procedure. The sales procedure will be considered concluded only when you submit the purchase order to Grégoire Garçon by clicking the ‘Purchase’ button at the end of the check­out page. In addition, you will be required to provide certain personal data, including your name, address, email address, and payment details and to accept these Terms of Sale by clicking the box indicating your acceptance. Before submitting the order you are invited to carefully review the summary of the information of the essential characteristics for each Product you ordered, the details of the shipping costs applicable to your order, the conditions to exercise your right of withdrawal (the ‘Information on the Right of Withdrawal’) and the Privacy Policy.

3.3. It is possible to correct possible errors in the information entered during the purchase process until the submission of the order. Once the order is submitted you will not be able to amend or cancel it.

3.4. After the submission of the order, Grégoire Garçon will send you an email to the address you entered during the purchase procedure, to confirm that Grégoire Garçon has received the order and it is processing it (the “Order Confirmation Email”). Consumers’ orders will be stored on Grégoire Garçon’s database located in the United States at least for the time necessary to process the orders and, in any case, within the time limits and pursuant to the applicable laws and regulations. Consumers will be able to access their orders at any time through the ‘My Account’ section on the Site, if they have registered to have ‘My Account’ functionality on this Site, or by contacting the Customer Services on (1­888­XXXXXXX) for USA and Canada or +1­786­XXX­XXXX for all other countries or by e­mailing ​ This email address is being protected from spambots. You need JavaScript enabled to view it.. Please note that the Acknowledgement Receipt does not constitute acceptance by Grégoire Garçon of your order. Grégoire Garçon will accept the order and your credit card will be debited only after the Product(s) you ordered are dispatched. At this point Grégoire Garçon will send you another email where it confirms that your order has been accepted and the Products have been shipped (the ‘Shipping Confirmation’). A paper invoice will be included with delivery of the Product.

3.5. Grégoire Garçon reserves the right to refuse orders made by Consumers it considers, in its sole discretion, as not having the requirements to place a purchase order or with whom a legal dispute regarding a previous order is on­going or for any other legitimate reason, without any need to provide the reasons for the same. Grégoire Garçon reserves the right to refuse and not to process orders which, in its sole discretion, appear to be sent by dealers and/or distributors.

4. AVAILABILITY

4.1. Grégoire Garçon invites you to check the availability of Products offered for sale on the Site at the time of purchase, since Products sold by Grégoire Garçon on the Site may be subject to stock limits and Grégoire Garçon does not guarantee that they will always be available.

4.2. In the event of temporary unavailability of the Products you ordered, Grégoire Garçon will use reasonable efforts to inform you within 24 hours by sending you an e­mail. If the Product/s is/are not available, no amount will be deducted from your credit card. If the purchase amount has already been charged, a refund will be issued within 14 days.

5. PRICES AND PAYMENT 

5.1. Prices of the Products available for sale on the Site are in US Dollars ($) and your purchases on the Site will be charged to you in US Dollars. All prices of the Products for delivery will be inclusive of duties but exclusive of shipping costs and sales tax when applicable, which will be charged separately, if delivered in the US. If delivered outside the US, all prices of products will be inclusive of estimated tax and duties, but exclusive of shipping costs which will be charged separately. Shipping costs are dependent upon the shipping destination and the type of delivery selected during the purchase procedure. Shipping costs, and any other applicable taxes or duties will be itemized on the order check­out page, in the Order Confirmation.

5.2. If you make such a purchase, you agree to pay the then­current applicable fee listed on the Site and agreed to at checkout. We utilize a third party (“Payment Provider”) to process payments. You must provide our Payment Provider with a valid credit card (Visa, MasterCard, American Express or any other issuer accepted by us) as a condition to such transactions. The Payment Provider’s policies govern the processing of your payment, and you must refer to those policies and not these Terms of Sale to determine your rights and liabilities. By providing your credit card number and associated payment information through the Services, you authorize us through our Payment Provider to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required. You may make the purchase using any payment method available on the Site at the time of purchase, currently MasterCard, Visa and American Express.

5.3. The purchased Products will only be sent after the Consumer’s credit card data have been verified or only after having received the charging authorization from your bank. Verification of the payment card data can cause delays, but will be kept to a minimum and normally don’t require more than 24 hours, although it can be more. The Consumer’s payment card will only be debited after dispatch of the Product(s). The charge will in any case be made only after dispatch of the Products ordered.

5.4. All Products are supplied with an identifying card setting out an identification number forming an integral part of the Product concerned. Do not remove the card and related identification number from the purchased Products until you have verified that the Products conform to the Products you ordered or until you decide not to exercise your right of withdrawal under Section 9 below.

6. DELIVERY

6.1. The Products will be dispatched to the address provided during the purchase process. For security reasons, Grégoire Garçon will not ship any order to a APO / FPO or P.O. Box or accept any order where it is impossible to identify the individual private recipient of the order, and its address.

6.2. All purchases will be delivered by Grégoire Garçon’s selected courier service (UPS in the US, DHL in the Rest of the World), hereinafter, “Courier”, between Monday and Friday excluding Saturdays, Sundays and local or national holidays, after the Shipping Confirmation is sent to you, on the basis of the indicated availability. Saturday delivery may be available when offered by the Courier. Conditions for delivery on Saturday will be presented at the time of offer. For USA, Products will be delivered within 2­3 (two to three) business days from the Order Confirmation if Standard Shipping has been chosen. Products will be delivered within 1 business day if Next Day Delivery is chosen. For other countries, the local shipping times and costs apply. In any case, Grégoire Garçon will not be responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.

6.3. In the event you do not receive the Products within 4­5 (four to five) business days following receipt of the Shipping Confirmation, we invite you to contact Grégoire Garçon at telephone 1­888­XXXXXX for USA and Canada or +1­786­XXX­XXXX for all other countries or by e­mailing ​ This email address is being protected from spambots. You need JavaScript enabled to view it.​. Grégoire Garçon reserves the right not to respond to complaints of non­delivery if you do not notify Grégoire Garçon within 7 – 10 (seven to ten) business days from receipt by you of the Shipping Confirmation. Before we can dispatch your purchases, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum and they normally don’t require more than 24 hours.

6.4. Pre­ordered items will be dispatched as soon as they are available, as indicated on the website at the moment of placing the order. You will receive a shipping confirmation email as soon as the order is shipped and delivery will take the same time as other orders, based on the type of delivery chosen.

7. CHANGES TO, AND CORRECTIONS OF, THE TERMS OF SALE

7.1 These Terms of Sale are subject to occasional revision, and if Grégoire Garçon makes any substantial changes, we may notify you by sending you an e­mail to the last e­mail address you provided to us (if any) and/or by prominently posting notice of the changes on the Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e­mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. You are responsible for providing Grégoire Garçon with your most current e­mail address. In the event that the last e­mail address that you have provided Grégoire Garçon is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e­mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

7.2 We will make all reasonable efforts to ensure that prices and other information about Products displayed on the Site are accurate and up­to­date. However there may occasionally be typographical errors, incorrect statements or omissions (hereinafter “Errors”) regarding the description of the Product, the price, any promotions, offers and the availability of the Product concerned. Grégoire Garçon reserves the right, at any time and without notice to you, to correct such Errors, to change or update information, to revoke offers containing such Errors and to cancel any order at any time prior to shipment.

7.3. In the event that your credit card is charged for a cancelled order, you will be promptly informed by Grégoire Garçon at the email address provided during the purchase process registration and a refund will be issue to your credit card within 14 (fourteen) days.

7.4. All changes and/or corrections mentioned above will apply only to purchase orders submitted subsequently to the date of the change or correction effected by Grégoire Garçon.

8. CONFORMITY OF ORDERS

8.1. Products must be checked by you at the time of delivery to you to ensure that they correspond to the Products you ordered.

8.2. Any anomalies identified at the time of delivery, including without limitation any tampering or damage to the packaging, damage to the Products, items missing, non­conformity to the Products ordered, defective Products, etc. (hereinafter “Defects”), can be indicated by the Consumer directly to the Courier by inserting a written and signed comment on the Delivery Note. In such circumstance the Consumer will not be required to accept the Products and may return them directly to the Courier.

8.3. In the event that any Defects are identified after delivery, the Consumer may return the Product to Grégoire Garçon following the procedure described under Section 10 below.

9. RETURNS AND REFUNDS

9.1. Consumers are entitled to return a product through the Site for a refund without any reasons, within 14 (fourteen) business days from the date of receipt of the Products purchased on the Site, but solely as permitted in this Section. When exercising the right of withdrawal Consumers are not allowed to change the purchased Product with another Product.

9.2. In order to return any purchased Product, Consumers are required to return the merchandise in its original ‘as new’ condition to the Grégoire Garçon Returns Center. Products purchased online cannot be returned for a refund to Grégoire Garçon stores.

9.3. A refund will be issued to the purchaser of the Product, provided that Products are returned unused, unwashed and in the same condition in which they were delivered, with all original labels attached and complete with all parts and accessories using their original packaging. In case the right of return is exercised for all the Products included in the same purchase order, all Products must be returned to us contemporaneously with the same shipment.

9.4 Grégoire Garçon reserves the right to inspect the Products returned and to refuse the return of those Products which do not comply with the requirements specified under 9.3 above.

9.5. A full refund, excluding the original shipping costs, will be issued to the same means of payment used for the purchase as soon as possible and in any case within 14 (fourteen) days from the date on which Grégoire Garçon has first acknowledged the receipt of the returned merchandise sent by the Consumer, and provided that the conditions described under section 9.3 above have been met.

In case of return of Products purchased as a gift (i.e. Products shipped to a recipient different from the person who made the payment), the refund will be issued to the person who made the payment. The clearance date of the repayment will be the same as the initial payment to Grégoire Garçon. As a consequence, the party who made the payment will not suffer any loss in terms of bank interest.

9.6. To return the Products to Grégoire Garçon, Consumers should use the pre­paid return label provided with the delivered package. This pre­paid return label should be affixed on the package, which should then be dropped at the nearest collection center of the relative courier, that is UPS for USA, DHL for all other countries. Alternatively, Consumers may contact the courier to arrange for pick­up at an address of their choosing, and in such an event, the Consumer should:

1. Check the presence of the label and commercial documents accompanying the Products within the package;

2. Request from the Courier a copy of the receipt for the collection of the Product, duly signed by the Courier, and keep it as evidence of the collection. In this case all the shipping costs, including the costs for returning the Products to Grégoire Garçon will be borne by Grégoire Garçon.

If the consumer elects not to use the Courier used by Grégoire Garçon, Grégoire Garçon recommends that Consumers insure the whole value of the Product being returned, obtain and carefully preserve the shipping receipt and number. In this case shipping costs for returning the Products shall be borne by the Consumer and Grégoire Garçon will not be liable for refunding the price of Products sent by the Consumer which have not been received by Grégoire Garçon as a consequence of loss, theft or damage not attributable to Grégoire Garçon.

Products shall be returned to the following address:
Grégoire Garçon Returns Center 
Miami, Florida

10. Grégoire Garçon LIABILITY

10.1. Products offered for sale on the Site are supplied ‘according to availability’. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Grégoire Garçon HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES AND ANY CONTENT, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON­INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR­FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Grégoire Garçon OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.

10.2. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL Grégoire Garçon BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE, THE SITE, THE PRODUCTS OR ANY PURCHASE MADE THROUGH THE SITE. THE DISCLAIMER INCLUDES, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR ANY PROUDCT; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER MATTER RELATED TO THE SITE OR PRODUCTS, WHETHER OR NOT Grégoire Garçon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL Grégoire Garçon BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY Grégoire Garçon FOR THE APPLICABLE RELATED PURCHASE, OR IF NO PURCHASE WAS MADE, Grégoire Garçon’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

10.3. Without prejudice to sections 11.1 and 11.2, nothing in these Terms of Sale will exclude or limit Grégoire Garçon’s liability to you for fraud, death or personal injury caused by Grégoire Garçon’s negligence, breach of terms regarding title implied under the applicable Consumer Protection laws or any other liability which the applicable laws state may not be excluded or limited.

11. GOVERNING LAW AND JURISDICTION; MISCELLANEOUS

11.1. The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms and Sale shall be brought solely in the City of Miami, State of Florida.

11.2. Our failure to exercise or enforce any right or provision of these Terms of Sale will not operate as a waiver of such right or provision. The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect. The word including means “including without limitation”. If any provision of these Terms of Sale is, for any reason, held to be invalid or unenforceable, the other provisions in these terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Grégoire Garçon is that of an independent contractor, and neither party is an agent or partner of the other. These Terms of Sale, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Sale will be binding upon assignees. We shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control.

12. CONTACTS

12.1. If you have any complaint or if you need any information or assistance in relation to the Site or the purchase procedure, please contact Grégoire Garçon customer service at This email address is being protected from spambots. You need JavaScript enabled to view it.​ or at +1 (305) 789-6651.

 


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