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Thank you for visiting the Simone Perele eBoutique at www.simoneperele.com (the "Site").
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.
By using this Site, you agree to comply with, and to be bound by, these Terms. Simone Perele ("we/us/our") may, from time to time, change these Terms in its sole discretion. By using this Site after such a change, you agree to comply with, and to be bound by, the Terms as changed. You acknowledge that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between you and Simone Perele regarding your use of the Site. These Terms and Conditions do not create any agency, partnership, or other form of joint enterprise between you and Simone Perele.
PERSONAL USE
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.
e-GIFT CERTIFICATES
Your Simone Perele e-Gift Certificate may be used only to purchase Simone Perele merchandise on-line at Simone Perele.com.
You may not add value back onto the e-Gift Card, nor redeem it for cash or transfer it to a third party.
When you make a purchase with your Simone Perele e-Gift Certificate, the value of your purchase plus any shipping/handling fees and sales tax, if applicable will be automatically deducted from the gift card balance.
If an order exceeds the amount of the Gift Certificate, the balance must be paid with a credit card.
To view your e-Gift certificate balance, visit "My Account" on Simone Perele.com. Unused balances cannot be transferred to a third party but can be combined to another Simone Perele e-Gift Certificate or credit card payment.
If an item is purchased with a Simone Perele eGift Certificate and returned, the refund will be made on the eGift Certificate.
Please safeguard your Simone Perele e-gift certificate number. The bearer is responsible for its loss or theft. If your e-Gift Certificate is lost or stolen, we will send a replacement to the original email address for the balance shown on our records. Your e-mail address is required for all inquiries.
Simone Perele e-Gift certificated cannot be returned or recall once it has been sent.
Your Simone Perele e-gift certificate never expires.
All other terms and conditions of the website apply, including the limitations of liability.
PROPRIETARY RIGHTS
All of this Site’s design, text, graphics, logos, button icons, images, audio clips, data, information, images, 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.
TRADEMARKS
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Simone Perele, itsaffiliates, 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.
SUBMISSIONS
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.
MEDICAL DISCLAIMER
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).
INDEMNIFICATION
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.
PRIVACY POLICY
These Terms & Conditions include our Privacy Policy (click here)
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
182 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.
APPLICABLE LAW
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.
OFFICIAL RULES Simone Pérèle U.S. "WIN A SET TODAY" SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
ELIGIBILITY: OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER, AS OF DATE OF ENTRY.
Employees, officers and directors of Simone Pérèle US ("Sponsor, Simone Pérèle"), or their respective parents, subsidiaries, and affiliated companies, advertising, promotion, or production agencies, web masters/suppliers, and any other coordinating agencies involved in the development, implementation, and distribution of the sweepstakes (the "Sweepstakes") and their IRS dependents, immediate family members(spouse, parents, children, siblings) and individuals residing in their same household, whether or not related, are not eligible to participate.
By participating, entrants (adults only) agree to these Official Rules. Void where prohibited.
PROMOTIONAL PERIOD: The Sweepstakes begins at 12:00:01 a.m. (ET) on 04/26/2010 and ends at 11:59:59 p.m. ET on 05/14/2010 (the "Promotional Period").
TO ENTER: Enter your email address on www.SimonePerele.com homepage and then click on submit during the promotional period. You will be registered as one of our Private Circle member. This allow you to be eligible for a chance to win and also to receive special offers from Simone Perele eBoutique.
Only one entry per day is permitted for on-line entries regardless of the number of e-mail addresses the entrant may have. All Internet access and usage charges are the responsibility of the entrant. If for any reason the Internet portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to terminate, modify and/or suspend the Sweepstakes. All entries received on-line before the on-line portion becomes inoperable, will be included in the random drawing, if any. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web-site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials in this Sweepstakes. In the event of a dispute, eligible electronic entries will be considered made by authorized account owner of the email address submitted at the time of entry. Entries generated by robots or scripts are considered to be a direct violation of sweepstakes policy and will result in immediate disqualification of any and all associated entries.
DRAWING: Winners will be selected in a random drawing held every day from Monday to Friday from all eligible entries received for that drawing by Simone Perele eCommerce Staff, whose decisions are final and binding in all matters relating to this Sweepstakes. Winner will be notified the following day by email on or before noon. Limit one (1) prize per person/address/email address for the entire Promotional Period.
Odds of winning are contingent upon the number of eligible entries received.
PRIZE: A Coupon Code for a Simone Pérèle bra and panty set ($120 value). Free Shipping will be also applied when you redeem this coupon code ($8 value). This Coupon Code can only be used once and must be used before December 31st, 2010.
PRIVACY POLICY: Simone Pérèle does not sell its Member List. Simone Pérèle may use full entry information to send Entrants promotional material specific to Simone Pérèle’s products and services via email and/or postal mail.
ADDITIONAL TERMS: By accepting a prize, winner agrees that Simone Pérèle, Sponsors and Promoters, their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors or officers of these companies, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize. Winner is responsible for any applicable taxes on prize, including luxury tax if any. All entries are the property of Simone Pérèle U.S., and none will be returned. Neither Simone Pérèle online, Sponsors nor Promoters are responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from downloading any material from Simone Pérèle’s, Sponsor's or Promoter's Web site, regardless of whether the material was prepared by Simone Pérèle, Sponsors, Promoter, or a third party, and regardless of whether the material is connected to Simone Pérèle's, Sponsor’s or Promoter’s Web site by a hypertext link. Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than the administration of the Sweepstakes or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New York; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant, Simone Pérèle, Promoter and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. All federal, state and local laws apply. By entering this contest, you acknowledge having read and accepted these rules
SPONSOR: Simone Pérèle U.S., 183 Madison Avenue, Suite 1107, New York, New York 10016
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