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.
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.
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.
SIMONE PERELE PRIVATE CIRCLE GIFT CARD
Your Simone Perele Private Circle Gift Card, valued at $25.00, may only be used to purchase Simone Perele merchandise online at SimonePerele.com.
One Simone Perele Private Circle Gift Card per customer.
In order to make a purchase using your Simone Perele Gift Card, the value of your purchase must be more than $25.00 before shipping, handling, and tax.
Please enter your Simone Perele Private Circle Gift Card code at checkout to redeem $25.00 off your purchase.
You may not add value back onto the Gift Card, therefore this card may only be used once and your transaction must be $25.00 or more.
If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card.
Simone Perele Private Circle Gift Cards cannot be redeemed for cash or transferred to a third party.
If an item is purchased with a Simone Perele Private Circle Gift Card and returned, the refund will not include the $25.00 Gift Card amount and you will be issued a new Gift Card.
Please safeguard your Simone Perele Private Circle Gift Card code. Simone Perele is not responsible for the loss or theft of a Gift Card.
Your Simone Perele Private Circle Gift Card will expire August 31, 2014 at 11:59pm EST.
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.
Unless explicitly included in the promotional materials, Hawaii and Alaska are excluded from all discounted or free shipping offers and promotions.
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).
Free standard shipping on orders of $60 or more (excludes shipping, handling and sales tax). The cost of shipping will automatically be deducted from your total at checkout. Offer valid on SimonePerele.com only and subject to change or expiration at any time at the discretion of SimonePerele.com
Hawaii and Alaska are excluded from all discounted or free shipping offers and promotions.
Offer valid from January 1, 2014 through January 31, 2014 11:59PM EST.
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
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.
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.