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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.
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.
eGIFT CERTIFICATES
Your Simone Perele eGift Certificate may be used only to purchase Simone Perele merchandise on-line at Simone Perele.com.
You may not add value back onto the eGift Card, nor redeem it for cash or transfer it to a third party.
When you make a purchase with your Simone Perele eGift 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 eGift Certificate balance, visit "My Account" on Simone Perele.com. Unused balances cannot be transferred to a third party but can be combined with another Simone Perele eGift 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 eGift certificate number. Simone Perele is not responsible for the loss or theft of an eGift Certificate.
Simone Perele eGift Certificate cannot be returned or exchanged once it has been issued.
Your Simone Perele eGift Certificate never expires.
All other Terms and Conditions of the website apply, including the limitations of liability.
FINAL SALE PRODUCTS
Products listed as "Final Sale", including all products featured in the "Private Sale" category of the website, are not eligible for return or exchange.
SHIPPING PROMOTIONS
Unless explicitly included in the promotional materials, Hawaii and Alaska are excluded from all discounted or free shipping offers and promotions.
FREE RETURNS PROMOTIONS
Any promotion involving a "free returns" offer only allows for one free return shipping credit per order. If returns are sent in multiple shipments, Simone Perele will only provide free return shipping on the first return package sent, and will not authorize the free shipping offer on additional packages.
Products marked as “Final Sale” are excluded from any and all Returns promotions or offers.
PROPRIETARY RIGHTS
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.
TRADEMARKS
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.
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).
SIMONE PERELE “Toast to Romance” GIFT OFFER
Offer valid on all purchases over $100 (USD) of merchandise on SimonePerele.com. Purchase requirement excludes tax. Offer does not apply to the purchase of eGift Certificates or previous purchases. Offer valid for customers in the 50 United States only. Limit of one Gift per household. Offer is valid from May 21, 2013 while supplies last.
Your Gift will be enclosed with your Simone Perele order. Gifts are presented on a first-come-first-served basis. “Toast to Romance” Gift program is subject to change without notice.
Simone Perele disclaims any responsibility and makes no guaranty or warranty, expressed or implied, as to the safety, quality or any other attributes of Comptoir de Famille or Comptoir de Famille products. Any issues or questions regarding Comptoir de Famille products, related to the “Toast to Romance” Gift Offer or otherwise, should be directed to the Comptoir de Famille customer service, which can be reached at 888.756.9365.
SIMONE PERELE “OUR GIFT TO YOU” GIFT CERTIFICATE OFFER
Offer valid on all purchases over $50 (USD) of merchandise on SimonePerele.com. Purchase requirement excludes tax. Offer does not apply to the purchase of Gift Cards/Certificates. Offer valid for customers in the United States only. Limit of one Gift Certificate per order. Offer is valid from December 6, 2012 through December 10, 2012 at midnight (EST).
The awarded Gift Certificate is good towards future purchases only. Only one Gift Certificate may be redeemed per transaction/order. Gift Certificate expires on December 31, 2013.
Your Gift Certificate will be emailed within ten business days to the email address associated with your qualifying order.
The Gift Certificate program is subject to change. For additional details regarding Gift Certificates, please see eGift Certificates Terms and Conditions.
SIMONE PERELE “SECRET SANTA” OFFER
Offer only valid for purchases over $100 (USD) of merchandise on SimonePerele.com. Purchase requirement excludes tax. Offer does not apply to the purchase of Gift Cards/Certificates. Offer subject to change. Offer valid for customers in the 50 Unites States only. Limit one discount per customer. Discounts are non-transferable and may only be used in connection to the email address receiving the coupon code. Offer is valid through December 16, 2012 at midnight EST. Offer excludes purchases prior to December 13, 2012 at midnight EST.
Discounts valued at $20, $50 and $100 will be awarded at random and are subject to change. For each qualifying purchase the likelihood of receiving a gift code of $20, $50 or $100 will be awarded using the following percentages: $20 at 90%; $50 at 9%; $100 at 1%.
SIMONE PERELE “ORLANE PARIS” GIFT OFFER
Offer valid on all purchases over $100 (USD) of merchandise on SimonePerele.com. Purchase requirement excludes tax. Offer does not apply to the purchase of Gift Cards/Certificates or previous purchases. Offer valid for customers in the United States only. Limit of one Gift per order. Offer is valid while supplies last.
Your Gift will be enclosed with your Simone Pérèle order. Gifts are awarded on a first-come-first-served basis. Gift program is subject to change without notice.
SIMONE PERELE $250 GIFT CARD SWEEPSTAKES OFFICIAL RULES
TO ENTER
Place any order from August 2, 2012 through August 6, 2012 and be automatically entered into the Sweepstakes, or fill out the form located
here.
A limit of one (1) entry via the entry site per valid email address/person will be accepted the Sweepstakes. 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 web site 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.
PRIZES
The prize is a $250 gift card for the Simone Perele eBoutique. Any unused portion will be forfeited. The odds of winning a prize are 1 in 30. All prizes are awarded "as is" with no guarantee, either express or implied.
ELIGIBILITY
The Simone Perele $250 Gift Card Sweepstakes ("Sweepstakes") is open only to those legal residents of the 50 United States and the District of Columbia 18 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.
NO PURCHASE NECESSARY
No purchase or payment of any kind is necessary to enter or win the sweepstakes. A purchase will not improve chances of winning.
ENTRY PERIOD
Sweepstakes starts at 12:01AM of August 2, 2012 and ends at 11:59 PM ET on August 6, 2012. The Sweepstakes shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.
WINNER SELECTION
Winners will be selected by random drawing for the Sweepstakes, within 8 days of the Monthly Entry Period. Winner will be notified by email within 9 days of this date. 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.
GENERAL
Entrants release and waive any claims they may have against Releases for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) resulting from acceptance, use, or misuse of any prize or parts thereof, or participation in this Sweepstakes. If for any reason, this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect on-line entries received prior to the time of the action or event warranting such cancellation. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account entered. The authorized account holder is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met. The Sponsor and any and all Internet server(s) and access provider(s) (collectively, "Promotion Entities"), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively with the Promotion Entities, the "Releases") are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant's or any other person's computer relating to or resulting from participation in the Sweepstakes; inability to access the Entry Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Entry Site) or for any other reason whatsoever; printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof. Incomplete entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible. By entering the Sweepstakes, entrants affirm that they have read and accepted these Official Rules. The Sweepstakes shall be governed by and construed in accordance with the laws of the United States. By entering the Sweepstakes, entrants hereby submit to the jurisdiction and venue of the federal and state courts of the United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. Any entry information collected from the Sweepstakes shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules and with the Simone Perele eBoutique Privacy Policy.
WINNERS LIST
For an official winner list, send an email to wecare@simoneperele.com , with the sweepstakes name in the subject line.
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.
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