These are the terms and conditions (the “terms”) on which Simone Perele UK Limited (“we”, “us”) supply our products to our customers (“you”) making a purchase on our website: www.simone-perele.com/en-gb/ (the “Website”). Please read these terms carefully before you submit your order to us.
We may make changes from time to time to these terms so please check this Website regularly to keep informed of updates, although no such change will affect any order you have already placed with us. The latest version of these terms will always be available on the Website. Any new version of these terms shall take effect and will govern the order of products and your relationship with us immediately upon the date of posting. You agree to be bound by the terms of these updates and amendments.
1.1 Who we are. We are Simone Perele UK Limited, a company registered in England and Wales. Our company registration number is 03893456 and our registered office is at Unit 7 Spice Court Plantation Wharf, Battersea, London, Greater London, United Kingdom, SW11 3UE.
1.2 How to contact us. You can contact us by telephoning our customer service team on 020 8332 3060 or by emailing us at email@example.com from 9AM to 5PM.
2.1 Creating an account. In order to place an order on the Website, you must create a customer account by providing us with the relevant personal information, in order to create an account and so that we may deliver products to you. You will also be required to create a username and password. After creation of the account, you will be sent a confirmation e-mail with your account details.
2.2 How to make an order. Before placing an order on our Website, you will be required to log in using your username and password. You may make an order for the products on the Website (“Products”) by following the various prompts that will appear on screen to add a product into your basket. When you have placed all the products you wish to purchase into your basket you may proceed to the check-out area of the Website and submit your order to us by clicking the “Proceed to payment” button.
2.3 After placing your order, you shall receive an acknowledgement email from us. Please note, this email does not constitute our acceptance of your order and we maintain the right to decline, at our discretion, any order you may place.
2.4 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Orders placed on the Website on Fridays on or after 11am or on Saturdays and Sundays will only be processed on the following Monday. Orders placed on the Website on a public or bank holiday will be processed the next working day.
2.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2.6 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
2.7 We only sell to the UK. Unfortunately, we do not accept orders from addresses outside the UK. Where you are resident in a country other than the UK, please place you order on the relevant national website.
2.8 For consumers only. By placing an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute our products or purchase our products for commercial purposes or any other commercial benefit.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Further, the packaging of the product may vary from that shown in images on our Website.
4.1 We are under a legal duty to supply products that are in conformity with these terms.
4.2 Products comprised within the same order cannot be delivered to different addresses. Orders cannot be delivered to campsites, hotels, post offices and PO boxes.
4.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4.4 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us. You own a product which is goods once we have received payment in full.
5.1 The Products are delivered in the United Kingdom to the delivery address specified by you on the order form. You must therefore ensure its accuracy.
5.2 Any error in the delivery address provided by you will be your full responsibility and you must bear all the consequences.
5.3 The ordered products are delivered from our warehouse located in France.
5.4 Orders placed on the Website on Fridays from 11 am or on Saturdays and Sundays will only be processed on the following Monday. Orders placed on the Website on a holiday will be processed the next working day. Order placed before 12pm are dispatched on the same day, whereas ordered placed after 12pm are dispatched on the following working day.
(b) Standard Home delivery by UPS : UPS will deliver your order to the delivery address indicated in your order summary. The order will be delivered 3 to 4 working days following the shipping of the order. Home delivery cost: £7.
5.6 Delivery tracking. At any time, you can log in to your Account (with the email address and the corresponding password) to track the status of the order step by step.
5.7 Calculation of delivery time. The delivery date takes into account the time of preparation of the order, the transmission to the delivery provider and the delivery to you by the delivery provider.
5.8 Delivery times are calculated in working days, excluding weekends and holidays. Any order made on Saturday or Sunday will be processed by the Seller on the following Monday.
5.9 The delivery times mentioned above may be longer than expected at certain times of the year (sales, holidays, etc.) due to the large volume of packages to be processed.
5.10 Not withdrawal of the Order If you do not pick up your order at the place of pick-up indicated in the notice within the time limit indicated in such notice, the order is automatically returned to the logistics centre and you will be refunded.
5.11 You should contact Customer Services if you wish to have your order re-delivered to you. You will be responsible for any new delivery costs.
6.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order and shall be displayed in GBP.
6.2 We take all reasonable care to ensure that the price of the product advised to you is correct. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
6.3 We accept payment by credit card (Visa or Mastercard), or through Paypal. Where you choose to pay through Paypal, your payment shall be subject to PayPal’s payment terms.
6.4 You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee - we are not responsible for this. For your information, we use the secure payment service of ADYEN, which integrates the SSL (Secure Socket Layer) security standard.
7.1 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
(e) you have a legal right to end the contract because of something we have done wrong.
We will pay the costs of return if the products are faulty or incorrectly described, if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
8.1 For most products bought online you have a legal right to change your mind within 14 days of receiving the products and receive a refund. Please note, this right will not apply where the products have been sealed for health protection or hygiene purposes and these have been unsealed after you receive them.
8.2 To exercise your right to cancel, you must inform us of your decision to cancel his contract by a clear statement. When notifying us, you should provide your name, home address details of your order, and where available, your phone number and email address. At the bottom of these terms is a model cancellation form, which you may use if you wish. Alternatively, you may inform us on your intention to cancel by:
(a) Phone: please ring customer services on 020 8332 3060
(b) Email: please email us at firstname.lastname@example.org
(c) Post: print off the model cancellation form set out at the end of these terms and send it to Unit 7 Spice Court Plantation Wharf, Battersea, London, Greater London, United Kingdom.
8.3 If you cancel this contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you. You should therefore take reasonable care of the products while in your possession. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.4 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any products supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the products.
8.5 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8.6 You shall send back the Products to:
Socoloir Logistics CenterSimone Pérèle LtdReturn serviceSocoloir45 404 Fleury-les-AubrayFRANCE
without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
8.7 The return costs are supported by Us using a return label which will be sent to You by e-mail. This return label must be affixed to the return package and returned to the address above.
9.1 In addition to the rights set out above, you may return any product for a full refund (excluding delivery charges) within 30 days of receipt of the product. In order for you to receive a full refund the products being returned must be unworn, undamaged and unused, with all tags attached and original packaging included. Please note this does not apply where the products have been sealed for health protection or hygiene purposes and these have been unsealed after you receive them, for example certain lingerie and swimwear items.
9.2 We shall refund you without undue delay and within 14 days of receiving your return. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
9.3 You shall send back the goods to:
Simone Pérèle LtdSocoloir Logistics CenterReturn serviceSocoloir45 404 Fleury-les-Aubray FRANCE
9.4 without undue delay and in any event not later than 30 days from the day on which you received the product(s). The return costs are supported by Us using a return label which will be sent to You by e-mail. This return label must be affixed to the return package and returned to the address above.
9.5 Nothing in this section affects your legal rights.
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery address; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, in particular for breach of any implied term by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; and for defective products under the Consumer Protection Act 1987. We are not liable for any business losses.
13.1 Our Website is made available free of charge.
13.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
13.3 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
14.1 If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
14.2 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
14.3 If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at email@example.com.
15.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
15.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
15.4 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
15.5 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
15.6 If you print off, copy or download any part of our Website in breach of these terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
16.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
16.2 We have no control over the contents of those sites or resources.
17.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
17.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
17.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
18.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
18.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
18.3 You must not establish a link to our Website in any website that is not owned by you.
18.4 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
18.5 We reserve the right to withdraw linking permission without notice.
19.1 We may transfer our rights and obligations under these terms to another organisation. You may not transfer or assign any or all of your rights or obligations under this contract to anyone else.
19.2 Nobody else has any rights under this contract. This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
19.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.4 These terms constitute the entire agreement between you and us in relation to the subject matter of any contract. We are required by law to advise you that the contract between us and you created under these terms may be concluded in the English language only and that no public filing requirements apply.
19.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
19.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
19.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
(Complete and return this form only if you wish to withdraw from the contract)
Please email this completed form to firstname.lastname@example.org or send a copy to Simone Pérèle UK Ltd, Unit 7 Spice Court Plantation Wharf, Battersea, London, Greater London, United Kingdom.
I hereby give notice that I cancel my contract of sale of the following goods:
Ordered on* /received on*:……………………………
Name of consumer(s): ………………………………..
Address of consumer(s): …………………………….
Signature of consumer(s) (only if this form is notified on paper): ……………………………………
* Delete as appropriate
Thank you for visiting the Simone Perele eBoutique at www.simone-perele.com/us/ (the "Site" or "Website").YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. Your use of this Site is governed by the following terms ("Terms"). If you do not agree with all the Terms, please refrain from using this Site.
PERSONAL USEIn an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases on www.simone-perele.com/us/ . Any purchases, services, content or samples available on the Site are for personal use only. You may not sell or resell any of the products, services, content or samples you purchase or otherwise receive from the Site. We reserve the right, with or without notice, to cancel, limit or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
ACCURACY OF INFORMATIONSimone Perele attempts to be as accurate as possible when describing products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content are accurate, complete, reliable, current, or error-free.
FINAL SALE PRODUCTSProducts listed as "Final Sale", including all products featured in the "Private Sale" category of the site, are not eligible for return or exchange.
Text Messaging ProgramBy clicking the subscribe button to sign up for the text messaging program, or opting-in through some other explicit means (opting-in via short code or entering your phone number into an on-site collection widget), you expressly consent to receive non-marketing and marketing text messages (also known as SMS) from Simone Perele, at the telephone number(s) that you provide.
We require a valid email address to sign up for the text messaging program. It is a required field for our text messaging program functionality. By clicking the subscribe button to sign up for the text messaging program, or opting-in through some other explicit means, you expressly consent to receive marketing messages at this email address. You may opt-out of these emails at any time by clicking the unsubscribe link at the footer of any email. You may receive help by contacting us at email@example.com. When you sign up for the text messaging program, or opt-in through some other explicit means (via short code or entering your phone number into our website), you are representing that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying if you change your mobile telephone number. Simone Perele reserves the right to require you to prove that you are at least 18 years of age.
You may opt-out of these communications at any time. To stop receiving text messages from us, reply STOP to any text message you have received. You will then receive confirmation of your opt-out. If you are based in the US, you agree that this does not violate your opt-out rights in respect to the TCPA (Telephone Consumer Protection Act). Details on how to opt-out are also available within any marketing communications you receive from us (including in the text messages). You may receive help by contacting us at firstname.lastname@example.org.
The number of text messages that you receive from us will vary depending on how many of Simone Perele’s text messaging programs for which you sign up to receive messages. You will receive a maximum of five (5) messages per week. Message and data rates may apply to each text message sent or received in connection with our text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.
If you are based in the US, you agree to indemnify Simone Perele in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Simone Perele if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the TCPA.
You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Simone Perele’s control, and Simone Perele is not responsible or liable for issues arising from them. We may suspend or terminate your receipt of Simone Perele text messages if Simone Perele believes you are in breach of these Terms. Your receipt of text messages from us is also subject to termination in the event that your mobile telephone service terminates or lapses. We the right to modify or discontinue, temporarily or permanently, all or any part of our text messaging, with or without notice.
PROPRIETARY RIGHTSAll of this Site’s design, text, graphics, logos, button icons, images, audio clips, data, information, illustrations, charts, indices, reports, data, HTML code and screens, the selection and arrangement thereof, and all software on this Site is owned by or licensed to Simone Perele, its affiliates, partners or licensors, and is subject to protection by U.S. and international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.
TRADEMARKSThe trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Simone Perele, its affiliates, partners or licensors, in the United States and other countries, and are protected by the United States and international trademark laws.Permission is granted to electronically copy and to print in hard copy portions of www.simone-perele.com/us/ for the sole purpose of placing an order on the Site or using it as a personal shopping resource. Any other use of materials on the Site, including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance, is strictly prohibited without the prior written permission of Simone Perele.
SUBMISSIONSYou agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to Simone Perele through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, Simone Perele property. Such disclosure, submission or offer of any Submission shall constitute an assignment to Simone Perele of all rights, title, and interests in all copyrights and other rights in the Submission. Simone Perele is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that Simone Perele has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. Simone Perele does not, cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any Submission you make.
THIRD PARTY LINKSSimone Perele does not have any responsibility for the content of any other websites linked to or from the Site, including our affiliates’ websites. Links appearing on the Site are for convenience only and are not an endorsement by Simone Perele, its affiliates or partners of any other party or website. All use of, or reliance on, third parties’ websites, content, services and products is at your own risk. Simone Perele does not endorse and does not take any responsibility for any content, advertising, products or services made available on or through such third parties’ websites. You should carefully review the terms and conditions and privacy policies of all websites that you visit.
MEDICAL DISCLAIMERThe statements and products available at the Simone Perele online store are not intended to diagnose, treat, cure or prevent any condition or disease. Use of this Site is not meant to serve as a substitute for professional medical advice: this Site is solely an online store for specialty intimate apparel products.
DISCLAIMER; LIMITATIONS OF LIABILITYTHE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OTHER WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; (G) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE; OR (H) ANY OTHER MATTER RELATING TO THE SITE.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MERCHANT TO YOU FOR ALL LOSS OR DAMAGE EXCEED ONE HUNDRED DOLLARS ($100.00).
INDEMNIFICATIONYou agree to indemnify and hold harmless, and at Simone Perele’s option, defend Simone Perele, its affiliates, and its officers, directors, partners, members, managers, shareholders, employees, agents, representatives, partners or licensors for any loss, damages or costs, including reasonable attorney's fees relating to and resulting from (a) any breach of these Terms and Conditions; and (b) any use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Site’s infrastructure.
REPRESENTATIONS AND WARRANTIESYou represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; and (c) your use of the Site will comply with Terms and Conditions.
ADDRESS AND COMMUNICATIONSFor any questions or concerns, please send an e-mail to WeCare@SimonePerele.com or write to us at the following address:Simone Perele, Inc.Attention: Legal Department183 Madison Avenue, Suite 1107, New York, NY 10016
LOCAL LAWS AND EXPORT CONTROLSSimone Perele does not make any representation that the Site is appropriate or available for use in other locations outside the United States. If you are using the Site in the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, rules, regulations, interpretations and determinations of any regulatory authority, or any provision of federal, state laws and with all United States export laws and all other applicable laws. If you use the Site from outside the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, export and import regulations of the United States and other countries.
APPLICABLE LAWThe laws of the State of New York will govern these disclaimers and terms and conditions, without giving effect to any principles of conflicts of laws. Simone Perele reserves the right to make changes to the Site and its disclaimers, policies, and terms and conditions at any time as described above. In connection with any litigation, without limiting our right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state courts located in the County of New York, in the borough of Manhattan and in the federal courts located in the Southern District of New York.
ACCESSIBILITYSimone Perele strives to ensure that its online services are accessible to people with disabilities.www.simone-perele.com/us/ has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort, and independence.
To read our full accessibility statement, please click here
To enable the accessibility menu, please click on Accessibility link in the footer menu of the website.
You can unsubscribe at any time by using the unsubscribe link in each newsletter. In accordance with the applicable regulations, we remind you that you have a right of opposition, a right of rectification and a right to limit the processing of your data. To exercise these rights or for any question about the processing of your data and their use, you can contact us at the following address: WeCare@SimonePerele.com