Thank you for visiting the Simone Perele eBoutique at www.simoneperele.com (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.
In 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 SimonePerele.com. 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 INFORMATION
Simone 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.
SIMONE PERELE INTIMATE PARIS SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
Sweepstakes starts at 12:00 AM ET on November 3, 2014 and ends at 11:59 PM ET on November 30, 2014. The Sweepstakes shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.
The Simone Perele Intimate Paris Sweepstakes ("Sweepstakes") is open only to those legal residents of the 50 United States and the District of Columbia 21 years of age or older as of the date of entry and who meet the eligibility requirements. The officers, directors, employees, contractors, and agents of the Sponsor and Promotion Entities and the immediate families and those living in the same household of any of the above, are not eligible. All Federal, state and local rules and regulations apply. Void where prohibited or restricted by law.
To enter, during the Entry period, go to www.SimonePerele.com/Sweepstakes (the "Sweepstakes Site") and follow the instructions provided to enter the Sweepstakes. All online entries must be received during the Entry Period as determined by Sponsor's designated timekeeping device. A limit of one (1) entry per valid email address/person will be accepted during this Sweepstakes. Multiple entries received from any person or email address after the first entry received from that person or email address will be void. In the event of a dispute, entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Proof of being the authorized account holder may be required. All entries on the site must be received between 12:00 AM ET on the first day of the contest through 11:59 PM ET on the last day of the contest. Note: Entry must be made by the entrant, only as stipulated above. Entries made by any other individual or any entity, and/or originating at any other Internet website or email address, including but not limited to commercial Sweepstakes subscription notification and/or entering service sites, or the use of any device to automate the entry process will be declared invalid and all such entries will be disqualified.
PRIZE (1) One winner of the Sweepstakes will receive the Grand Prize:
$500 Simone Perele Shopping Spree on the Simone Perele eBoutique
2 Roundtrip Business Class Seats on La Compagnie airline from Newark, NJ to Paris, France (Winner is responsible for travel to and from Newark, New Jersey Airport)
3-Night 4 Star Hotel accommodations (1 standard room) including continental breakfast for two
Simone Perele is not responsible for any changes above and beyond the said Grand Prize. Any changes to hotel accommodations or travel dates are the sole responsibility of the winner. Hotel incidentals, Standard room upgrades, additions to standard continental breakfasts, extended stay, travel to and from airports are the financial responsibility of the winner. In the event the date requested by winner is not available, an alternative date will be communicated. Winner must have a valid Passport to travel internationally. Simone Perele shopping spree must be used all at once and will expire on May 15th, 2014. Winner will not receive cash for any unused amount of the shopping spree. Winner is responsible for providing payment should the shopping spree exceed $500. Winner will be authorized a one-time single product exchange for a different size, and product must be returned in the same condition as received: clean, unused, and in original packaging.
Note: Grand Prize winner must redeem their prize between January 15, 2015 - May 15, 2015. Winner must contact the Simone Perele eBoutique by email: WeCare@SimonePerele.com or phone: 1.855.647.6373 at least 30 days before travel date.
No cash or other substitution, assignment or transfer of prizes permitted except by Sponsor, which reserves the right to substitute a prize or prize component with another of comparable or greater value. Any prize component not accepted or used by winner will be forfeited. winner are solely responsible for any federal, state and local taxes or similar charges, costs or expenses associated with prize receipt and/or use, except as otherwise stated herein. Total Approximate Retail Value (ARV) of entire prize package: $5,500. Actual value of prize package may vary based on hotel charges at time of travel booking. If actual value of prizes is lower than the stated ARV, any difference in the value will not be awarded. Gift certificates are subject to their own terms and conditions.
On or about December 5, 2014, one (1) potential winner will be selected via random drawing from among all eligible entries received and notified by email. Odds of winning depend upon the total number of eligible entries received. Potential winner must respond to notification email within seven (7) days to confirm receipt and that he or she will accept the prize. If any of the potential winner do not respond within seven (7) days of email notification, that potential winner will be disqualified and forfeited the prize and another potential winner will be selected at random from the remaining eligible entries received. Prizes are not transferable, assignable, or redeemable for cash. All decisions are final. All Federal, state and local tax liabilities are the responsibility of the winner.
Potential winner will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (unless prohibited) (collectively an "Affidavit"), which must be received by Sponsor within five (5) days of the date on the notice. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period, prize is returned as undeliverable, or he/she refuses his/her prize for any reason, potential winner forfeits the prize and Sponsor will select an alternate winner by random drawing from the remaining eligible entries.
Participating in the Sweepstakes constitutes winner consent to Sponsor's and its agents' and designees' use of winner name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment, consideration, notification or permission, unless otherwise prohibited by law.
Any valuation of the Prizes stated above is based on available information provided to the Sponsor. The value of the Prizes will be taxable to winner as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of Prize not specifically provided for in these Official Rules are solely the winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. Grand prize winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any Prize will be awarded. Any residents of the United States that win $600 or more in Prizes will have income reported to them on IRS Form 1099, and a copy of said form will be sent to the IRS.
For the official winner of the Simone Perele Intimate Paris Sweepstakes, please send an email to WeCare@SimonePerele.com, with the sweepstakes name in the subject line: Intimate Paris Sweepstakes.
SIMONE PERELE FREE PANTY OFFER
Add qualifying merchandise to your shopping bag, free panty dollar value specified in email promotion, will be redeemed after offer code is applied. One free panty per customer and while supplies last. No substitutions. Offer subject to adjustment due to returns, cancellations and exchanges. Offer may be modified or discontinued at any time without notice.
FINAL SALE PRODUCTS
Products listed as "Final Sale", including all products featured in the "Private Sale" category of the site, are not eligible for return or exchange.
Hawaii and Alaska are excluded from free shipping offers.
All 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.
The 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 United States and international trademark laws.
Permission is granted to electronically copy and to print in hard copy portions of www.simoneperele.com 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.
You 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 LINKS
Simone Perele does not have any responsibility for the content of any other web sites linked to or from the Site, including our affiliates’ web sites. 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 web site. All use of, or reliance on, third parties’ web sites, 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’ web sites. You should carefully review the terms and conditions and privacy policies of all web sites that you visit.
The 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 LIABILITY
THE 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 WEB SITE 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).
You 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 WARRANTIES
You 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 COMMUNICATIONS
For any questions or concerns, please send an e-mail to Contact Us (click here) or write to us at the following address:
Simone Perele, Inc.
Attention: Legal Department
183 Madison Avenue, Suite 1107, New York, NY 10016
LOCAL LAWS AND EXPORT CONTROLS
Simone 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.
The 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.