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GENERAL TERMS AND CONDITIONS OF SALE AND USE OF DPORTHAULTPARIS.COM WEBSITE (USA - SEPTEMBER 2013)

Please read carefully the General Conditions of Sale and the General Conditions of Use of the DPorthaultparis.com website.

General Terms and Conditions of Sale of the DPorthaultparis.com website

The purchase of any D. Porthault USA, LLC (D. PORTHAULT) products offered on the DPorthaultparis.com website is subject to these Terms and Conditions.

Orders may only be placed on the DPorthaultparis.com website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of D. PORTHAULT products purchased on the DPorthaultparis.com website is strictly prohibited.

D. PORTHAULT may update these Terms and Conditions at any time without prior notice.

For each order on the DPorthaultparis.com website, your acceptance of the Terms and Conditions in force at the date of the order will be requested.

Purchase - Terms of Ordering

The DPorthaultparis.com website may be used to order a selection of D. PORTHAULT products from D. PORTHAULT directly online via the Internet from the United States, Canada, China and Japan.

You may also place your order by telephone by dialing 212-688-1660 from Monday to Friday, 10am to 5pm EST.

The delivery zone for D. PORTHAULT products ordered via the DPorthaultparis.com website is restricted to the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America (see "Delivery zone"), Canada, China and Japan.

An order can be placed for one or several delivery addresses (see "Delivery Zone").

For each product selected on the DPorthaultparis.com website, a summary page will display a photograph of the item, its coloring and references, its unit price, the quantity selected, and the total amount owed for your order. Please check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to D. PORTHAULT for processing (see "Acceptance of Orders"). While every effort is taken to ensure that the coloring, design and style of the D. PORTHAULT products in the photographs displayed on the DPorthaultparis.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. D. PORTHAULT reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, D. PORTHAULT shall not be liable for any error or inaccuracy in the photographs or graphical representations of D. PORTHAULT products displayed on the DPorthaultparis.com website. If you have any questions about the products, you may contact our customer service by clicking on the hyperlink labeled "customer service".

D. PORTHAULT reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if D. PORTHAULT has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate cause.

Purchase - Availability

Our offers of products are valid as they are displayed on the DPorthaultparis.com website, subject to availability. Instructions about the availability of products are provided at the time of ordering. At times, errors may exist, especially due to simultaneous orders by several customers for the same product. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed either to order a substitute product from the DPorthaultparis.com website or to cancel your order.

If you choose to cancel your order, you will be refunded.

D. PORTHAULT shall not be liable in case of stock outage or unavailability of products.

D. PORTHAULT reserves the right to change at any time and without notice the items proposed on the DPorthaultparis.com website.

Purchase - Order Confirmation

At the end of the ordering procedure, you are invited to click on the "Pay" button, at which time your order will be transmitted to D. PORTHAULT for processing and may not be amended or cancelled except pursuant to the conditions provided for in the Terms and Conditions of Sale herein, or in conditions provided for pursuant to applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.

You will receive an order summary.

The data registered by the DPorthaultparis.com website establish the terms of the transactions between D. PORTHAULT and its customers. In the case of a dispute between D. PORTHAULT and its customers relating to a transaction entered into using the DPorthaultparis.com website, the data registered by D. PORTHAULT are the terms of the transaction. Notwithstanding, D. PORTHAULT reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced, or are otherwise incorrectly described.

Purchase - Price Payment

The prices of D. PORTHAULT products are indicated in US dollars, excluding taxes and shipping costs (see "Shipping and Delivery"). For China D. PORTHAULT products are indicated in Chinese Yuan. For Japan, D. PORTHAULT products are indicated in Japanese Yen.

D. PORTHAULT reserves the right to modify the prices of products offered on the DPorthaultparis.com website at any time without prior notice. You will be charged the prices displayed on the DPorthaultparis.com website at the time your order was confirmed provided the goods ordered were available at this time. However, D. PORTHAULT reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced, or are otherwise incorrectly described.

You are required to pay for any order placed on the DPorthaultparis.com website immediately upon confirmation of your order. We only accept payment by charge card or credit card. Store credits or gift certificates issued by D. PORTHAULT boutiques are not accepted for payment for items offered on the DPorthaultparis.com website.

All orders are payable in US dollars (unless ordering from China or Japan). We accept the following charge cards and credit cards: MasterCard®, Visa® and American Express®, and your order will only be dispatched upon verification of your payment method and authorization to process your payment.

Your charge card or credit card will only be debited when your order is dispatched. If any of the products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the goods available.

Purchase - Reservation of Title

Ordered products remain the property of D. PORTHAULT until full payment is tendered to D. PORTHAULT.

In case of a payment dispute, you undertake to return the received products to D. PORTHAULT immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.

Shipping and Delivery - Delivery Zone

Goods purchased via the DPorthaultparis.com website may only be delivered within the United States (excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America), Canada, China or Japan.

Any delivery address situated outside this zone will be refused during the ordering procedure. D. PORTHAULT will not process any order for which a post office box or APO/FPO address is provided.

Goods will be shipped to the delivery address(es) specified during the ordering procedure.

Shipping and Delivery - Shipping Costs

You will be asked to select the shipment method you would prefer as part of the ordering procedure.

Delivery costs depend on the shipping weight of your order and the delivery service you select.

UPS Ground: Allow three to seven working days between the date of your order and the date of delivery. (Available only for the United States and Canada)

DHL Ecommerce Parcel or DHL Express (Available only for Canada, China and Japan). Allow three to seven working days between the date of your order and the date of delivery.

We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the DPorthaultparis.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes (US only), and import taxes/duties (Canada, China, Japan only) of the goods ordered.

Delivery Time - Time Required for Delivery

During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased.

If your order is not able to ship immediately, a customer service representative will contact you to provide more detail and an estimated shipping date.

However, D. PORTHAULT reserves the right to divide your order into part shipments. In this case, your charge card or credit card will only be debited for the goods shipped and for a single shipment.

Delivery Time - Problems of Delivery

Any failure to deliver or late delivery exceeding eight (8) business days should be reported to our customer service department as soon as possible. In order for your claim to be accepted, please notify us within thirty (30) calendar days from the date of confirmation of your order.

Please check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, please note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.

If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the Terms and Conditions contained in the section entitled "Returns - Exchanges - Refunds".

Returns - Exchanges - Refunds

  •     To the DPorthaultparis.com website:

You may return any product ordered on the DPorthaultparis.com website for exchange or refund within fourteen (14) calendar days from the delivery date. Returned products must be in their original condition and packaging, together with their purchase invoice or a copy in the case of a partial return. Customers are responsible for paying shipping costs for exchanges and returns.

A product ordered on the DPorthaultparis.com website that has been personalized (including monogramming, custom orders, and fitted sheets) or purchased on sale cannot be returned for exchange or refund.

If you request a refund, D. PORTHAULT will use commercially reasonable efforts to ensure that any refund will be made within seven (7) business days of receipt of the goods returned by crediting your charge or credit card. Under no circumstances will it be possible to grant you an electronic credit usable on the DPorthaultparis.com website, nor will the website issue a store credit for use in a D. PORTHAULT boutique.

In either case (exchange or refund), the shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they were not as ordered (e.g., product reference error, damaged goods, etc.).

D. PORTHAULT has sole discretion in determining whether the products are in original condition when returned to the DPorthaultparis.com website.

We do not currently exchange or allow refunds for goods purchased in D. PORTHAULT’s New York boutique via the DPorthaultparis.com website.

  •     To the D. PORTHAULT New York boutique:

Any D. PORTHAULT product purchased (or received as a gift) from the DPorthaultparis.com website may also be exchanged for a different product or for a store credit in D. PORTHAULT's New York boutique within fourteen (14) calendar days following the date of delivery, subject to the following Terms and Conditions:

  •  Returns must be in their original condition and packaging; and
  •  You must provide the original receipt along with your return, or a copy of the receipt if you are returning part of your order.
  • The shipping costs of the delivery of a product purchased on the DPorthaultparis.com website will not be refunded when you return (for exchange or store credit) the product to D. PORTHAULT's New York boutique.

D. PORTHAULT's New York boutique does not offer refunds on any goods purchased on the DPorthaultparis.com website. Under no circumstances will it be possible to credit your charge or credit card.

General Terms and Conditions of Use of the DPorthaultparis.com website

The DPorthaultparis.com website is operated by D. PORTHAULT USA, LLC, which operates the DPorthaultparis.com website and has the right to sell D. PORTHAULT products over the Internet.

The use of the DPorthaultparis.com website and the purchase of any products offered on the DPorthaultparis.com website are subject to these Terms and Conditions ("Terms and Conditions of Use"). The use of the DPorthaultparis.com website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy for the DPorthaultparis.com website ("Privacy Policy"); see "Security and Personal Data."

D. PORTHAULT may update these Terms and Conditions of Use and the Privacy Policy at any time without notice. By continuing to use the DPorthaultparis.com website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified. You can view the most current versions of the Terms and Conditions of Use and Privacy Policy at any time by clicking on the hyperlink labeled "Terms and Conditions" and "Privacy Policy".

Security and Personal Data

The DPorthaultparis.com website Privacy Policy (see "Privacy Policy") governs the use of any personal information that you provide to D. PORTHAULT on this website. D. PORTHAULT may modify or amend the Privacy Policy at any time as provided in the Privacy Policy.

Intellectual Property

All material on the DPorthaultparis.com website (drawings, designs, illustrations, photographs, written text, logos, trademarks, and all other intellectual property of any nature) are the exclusive property of D. PORTHAULT. You may not reproduce, by any means or process (except as expressly provided herein), in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the DPorthaultparis.com website.

The "DPorthaultparis.com" trademark, and all other D. PORTHAULT related marks and logos, whether or not registered, displayed on the DPorthaultparis.com website, as well as relevant domain names including "dporthaultparis.com" and "dporthault.com" are and will remain the exclusive property of D. PORTHAULT. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of D. PORTHAULT is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the DPorthaultparis.com website or any content contained therein. You may make a single copy of web pages published on the DPorthaultparis.com website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.

Linking

The DPorthaultparis.com website may contain links to third party websites not under the operation or control of D. PORTHAULT. Such links are provided as a convenience only and cannot, and should not be interpreted as an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the DPorthaultparis.com website if expressly authorized in writing by D. PORTHAULT.

Limitation of Liability

D. PORTHAULT shall not be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the DPorthaultparis.com website, even if D. PORTHAULT has been advised of the possibility of such damages.

Disclaimer of Warranty

D. PORTHAULT does not guarantee or represent that:

  •   the DPorthaultparis.com website is free from viruses, worms, trojan horses or other destructive material;
  •   the information contained on the DPorthaultparis.com website is accurate, complete or up to date.

The DPorthaultparis.com website may contain technical inaccuracies or other defects; D. PORTHAULT does not guarantee that any such defects will be corrected. The DPorthaultparis.com website and its contents are provided on an "as is" and "as available" basis. D. PORTHAULT expressly disclaims all warranties of any kind, whether express or implied.