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.
2.3 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.
3.3. 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.
3.5. 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.
4.1. 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.
6.1. 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.
6.4. 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
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.