Terms of service
OVERVIEW
YOU MUST BE 18 YEARS OR OLDER to place an order on this website.
This website is operated by Robert Clergerie America. Throughout the site, the terms “we”, “us” and “our” refer to Robert Clergerie America. Robert Clergerie America offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE SHOPPING TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS AND INTELLECTUAL PROPERTY
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer. Online payments are secured by Adyen, which is compliant with all applicable PCI/DSS standards.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
All content (text, images, video or other) found on this website is property of Robert Clergerie America and cannot be copied, distributed or reused for any reason without our written consent.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
We have made every effort to display as accurately as possible the images of our products that appear at the store. We cannot guarantee that your computer monitor or mobile device's display of any color or texture will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Product descriptions or prices are subject to change at any time without notice, at the sole discretion of Robert Clergerie America. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Products are sold for consumer use only, and may not be resold for any reason..
"JUST FOR YOU" campaign concern all the products, excluded the ones marked with a red dot, from May 14th to May 18th 2020 included. A promotion code is necessary to access this campaign.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order, in particular if there is an ongoing dispute with the customer or an incident which contravenes the provisions of these Terms.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Products purchased on this website may not be resold for any reason.
Customers agree to provide current, complete and accurate purchase and account information for all purchases made at our store. Customers agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – Payment & Delivery
Payment
Clergerie accepts the following payment methods:
- Credit and debit cards (American Express, MasterCard, Visa)
All credit and debit card transactions are handled by the payment provider Adyen, an online payment service that encrypts credit card information securely. Adyen is compliant with all applicable PCI/DSS regulations.
Payment can be made using Visa, MasterCard and American Express.
The Customer acknowledges that by providing a credit card number, he or she authorizes their account to be debited up to the value of the Products ordered with all taxes included.
The Customer confirms that the credit or debit card that has been used is his or her own, or that express authorization for its use has been given by the owner. All credit and debit card holders are subject to validation and authorization checks by the card issuer.
If the card issuer refuses to authorize the payment to Clergerie, the order will be cancelled. Clergerie cannot be held responsible for any fees or penalties that may be imposed by the payment provider as part of the payment made for the order.
- PayPal
By choosing the PayPal option, the Customer will be redirected to the PayPal website: once logged in, he or she will have to check the amount displayed before clicking on 'Pay now'. Once the transaction is complete, the customer will be returned to the Clergerie website.
Delivery
- Orders are packed and shipped from our warehouse based in New York. All deliveries are sent using Federal Express, and ship the same or next business day. Clergerie offers the following delivery options
- FedEx Ground: Shipping free for orders $200 or more, $10 orders for $199 or less
- FedEx 2-Day: $20
- FedEx Overnight: $35
The products will be delivered to the address provided when the order was placed. Deliveries cannot be made to military or PO boxes.
Tracking
When the order has been shipped, you will receive a confirmation email. You will be able to track the delivery of the order by means of a link to the carrier.
If you are absent at the time of delivery, the carrier will leave, if necessary, a notice advising when and where the package can be collected. You undertake to follow the delivery instructions to ensure the actual delivery of the order.
Receipt of Products
It is your responsibility to check the quantity and condition of the products upon receipt. If the package and/or contents are visibly damaged, or do not correspond to the order, you may refuse to accept the delivery.
Clergerie must be notified of any damage to the package or contents by email: customercare@clergerieparis.com or by phone: 833.707.1500
The Clergerie customer service team will provide the necessary instructions (you may be asked to send photographs of the visible defects) and will arrange for the defective goods to be returned at Clergerie's expense, using the pre-paid FedEx return label included with your order.
SECTION 8 - Return Policy
Customers have 14 days from receipt to return their order. Clergerie will issue a refund within 7 days of receiving a return, upon successful inspection of products compliance with the return conditions below.
Refunds include amount of products plus any sales tax. Express shipping fees are not credited. Credits will be processed using the same payment method used for the initial order.
Return conditions
The following conditions are mandatory to proceed with client orders returns:
- Products must be returned in their original condition, with original undamaged packaging
- Products must not have been worn
- Products must be returned within 14 days of receipt
Return Procedure
- Complete the Clergerie Return Form included with your order. Indicate the article(s) to return and the return reason
- Securely package the product(s) and the completed Return Form in the original shipping box or a similar one and seal
- Attach the prepaid return label provided in the initial delivery
- Drop off the sealed package to any Federal Express location. Please retain a copy of the tracking number
If you have question on where to drop off your package, please contact Federal Express at www.fedex.com or call 1-800-GO-FEDEX.
Your package must be received or in transit back to us within 14 days for your return to be accepted. Clergerie recommends using the prepaid FedEx label provided in order to ensure a fast and trackable method of return, although any trackable shipping method is acceptable. If you have any questions please contact customercare@clergerieparis.com.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools (or Shopify Apps) over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, including the use of Internet “cookies” to track or retain certain information about your visit. Please click here to view our Privacy Policy.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Robert Clergerie USA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Robert Clergerie USA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York, USA.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at customercare@clergerieparis.com. Thank you.