Terms & Conditions
The following TOS and any
other rules posted on our Site (collectively the "TOS") constitute an
agreement between bisouNYC LLC (“bisouNYC", "we",
"our", "us") and you, the visitor, governing your access
and use of all content and functionalities available at the bisouNYC website,
related micro-sites accessed through the URL www.bisouNYC.com, related domain
names, and any other website or micro-site of bisouNYC (collectively the
"Site").By visiting the Site, you are accepting and consenting to the
practices described in the TOS. We may modify the TOS from time to time and
your continued use of this Site (or any of our other Sites) following such
change shall signify your agreement to be bound by the modified TOS.Those
persons wishing to use our services must read and agree to be bound by our
policies relating to those services. In particular, we draw your attention to
our policies relating to the terms of purchase and our Privacy Policy. If you
are under 18, you must let your parent or guardian know about bisouNYC's
Privacy Policy before you register to use this Site or any of this Site's
services.Please read the TOS and check back often. If you do not agree to any
change to the TOS, then you must immediately stop using the Site.
To use some of the
services or features made available to you on this Site you will need to
register. When you register you are required to provide information about
yourself that is true, accurate, current, and complete in all respects. Should
any of your registration information change, please notify us immediately at
the following e-mail address info@bisounyc.com.
We may also change registration requirements from time to time. The account
password you provide should be unique and kept secure, and you must notify
bisouNYC immediately of any breach of security or unauthorized use of your
account. Although bisouNYC will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for bisouNYC's losses or
others due to such unauthorized use.Please refer to our Privacy Policy for
information about how we use your data.
Eligibility to purchase
In order to make purchases
on the Site you will be required to provide your personal details. In
particular, you must provide your real name, phone number, e-mail address and
other requested information as indicated. Furthermore, you will be required to provide
payment details that you represent and warrant are both valid and correct and
you confirm that you are the person referred to in the Billing information
provided.The Site is available only to individuals and bisouNYC, and who have
authorized bisouNYC to process a charge or charges on their credit/debit card
in the amount of the total purchase price for the merchandise that they
purchase. Products purchased by the buyer are for personal or gift use and
should not be re-sold, used for commercial purposes or any other commercial
benefit. In addition, bisouNYC reserves the right to restrict multiple
quantities of an item being shipped to any one customer or postal address.By
making an offer to purchase merchandise, you expressly authorized us to perform
credit checks and, where bisouNYC feels necessary, to transmit or to obtain
your credit card information or credit report information (including any
updated information) to or from third parties solely to authenticate your
identity, to validate your credit/debit card, to obtain an initial credit card
authorization and/or to authorize individual purchase transactions.Furthermore,
you agree that we may use Personal Information provided by you in order to
conduct appropriate anti fraud checks. Personal Information that you provide
may be disclosed to a credit reference or fraud prevention agency, which may
keep a record of that information. Please refer to our Privacy Policy for
further information about how we use your data.
Orders
All orders are subject to
acceptance and availability, and Items in your wish list and shopping bag are
not reserved and may be purchased by other customers.bisouNYC offers products
for sale that are in stock and available for dispatch from our distribution
center. Occasionally however, we may be waiting for shipments from our designer
suppliers. Please be aware that we may be unable to deliver selected
merchandise due to production problems or quality check issues identified when
we receive an order into stock. In these circumstances we will notify you by
email and offer the opportunity to receive a refund of the payment to your
credit/debit card within thirty days of being advised that merchandise has
become unavailable.If you have registered your email address for notification
of the arrival of a specific product featured on our Site, we will attempt to
notify you by email within 48 hours of the product becoming available on the
Site. Please note that on occasion certain products that are in particularly
high demand will sell out during this period.bisouNYC will store a record of
your transactions for a minimum of one year.
Pricing Policy
Prices shown on the Site
are available to view and purchase in multiple currencies and are exclusive of
taxes. No tax or import duty will be applied to orders shipped within the USA.
For shipments to India, tax and duty is only applicable on products sourced in
the U.S. For shipment to all other countries, tax and import duty may be
applicable.All prices and offers remain valid as advertised from time to time.
The price of a product displayed on the Site at the time the order is accepted
will be honored, except in cases of patent error. Product prices are set at the
beginning of each season using existing currency exchange rates. These prices
are subject to change if the applicable currency exchange rate changes before
your order is accepted or the items are subject to markdowns at any time during
selling period. If you are a customer whose credit/debit card is not
denominated in US Dollars, the final price will be calculated in accordance
with the applicable exchange rate on the day your card issuer processes the
transaction.
Sale price adjustment policy
bisouNYC is happy to offer
a Sale Price Adjustment on items purchased up to 7 days prior to the
commencement date of a sale. Please be aware that the exact style and size of
an item must be available for purchase at the time your request is made before
any adjustment in the sale price can be approved. All approved Sale Price
Adjustments will be credited to your bisouNYC account in the form of a store
credit which will be valid for 12 months.We are unable to offer price
adjustment on items originally purchased in a sale or on any special promotion
items that are temporarily reduced in price. Once an item has been purchased at
a discounted sale price, no price adjustment will be offered should the item be
further marked-down.
Acceptance of your order
Once you have made your
choice and your order has been placed, you will receive an email acknowledging
the details of your order. This email is NOT an acceptance of your order, just
a confirmation that we have received it.Unless you cancel your order, acceptance
of your order will be perfected upon completion of the packing of your order.
Completion of the contract between you and bisouNYC will be perfected when we
dispatch the goods to you. The sale contract is therefore concluded, and the language of the
contract is English. Neither our third party payment processor nor our
nominated courier has the authority to accept an order on behalf of bisouNYC.We
reserve the right not to accept your order in the event, for example, that we
are unable to obtain authorization for payment, that shipping restrictions
apply to a particular item, that the item ordered is out of stock or does not
satisfy our quality control standards and is withdrawn, or that you do not meet
the eligibility criteria set-out within the TOS.Furthermore, we may refuse to
process a transaction for any reason or refuse service to anyone at any time at
our sole discretion. We will not be liable to you or any third party by reason
of our withdrawing any merchandise from the Site whether or not that
merchandise has been sold, removing, screening or editing any materials or
content on the Site, refusing to process a transaction or unwinding or
suspending any transaction after processing has begun. Whilst every effort is
made to make sure details on our website are accurate, we may from time to time
discover an error in the pricing of products. If we discover an error in the
pricing of a product in your order, we will let you know as soon as possible.
We shall be under no obligation to accept or fulfill an order for a product
that was advertised at an incorrect price and reserve the right to cancel such
an order that has been accepted or is in transit. If you order a product that
is priced incorrectly for any reason, we will email or telephone you to inform
you that we have not accepted your order and/or that the relevant part of your
order has been cancelled. If you have already paid for the goods, we shall
refund the full amount as soon as we are able. In the event that products are
recalled in transit, we will process your refund once the products have been
returned to us.
Payment
Payment can be made by
Visa, MasterCard, American Express, and any other methods which may be clearly
advertised on the site from time to time. You can also choose to pay with
PayPal. When selecting this option at checkout, you will be directed to the
PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'.
Once this transaction is complete, you will then return to bisouNYC.com.
Payment will be debited and cleared from your account upon order placement.You
confirm that the credit/debit card that is being used is yours or that you have
been specifically authorized by the owner of the credit/debit card to use it.
All credit/debit cardholders are subject to validation checks and authorization
by the card issuer.If the issuer of your credit/debit card refuses to authorize
payment to bisouNYC, we will not be liable for any delay or non-delivery.
Occasionally, high demand causes us to run out of certain items. If we don't
have an item that you have ordered in stock, we'll notify you by email
immediately.Sometimes, an item is out of stock and not expected to come back in
stock, so we must cancel the item. In this case, if you paid with a
credit/debit card, we will not charge you for the item or any taxes, shipping
or handling charges.We take reasonable care to make our Site secure. All credit/debit
card transactions on this site are processed using Braintree, a secure online
payment gateway that encrypts your card details in a secure host environment.
If you are a registered bisouNYC user, we will securely store your credit/debit
card details on our systems. These details will be fully encrypted and only
used to process card transactions which you have initiated.To help ensure that
your shopping experience is safe, simple and secure bisouNYC uses Secure Socket
Layer (SSL) technology.Furthermore, we take reasonable care, in so far as it is
in our power to do so, to keep the details of your order and payment secure,
but in the absence of negligence on our part we cannot be held liable for any
loss you may suffer if a third party procures unauthorized access to any data
you provide when accessing or ordering from the Site.
Promotion codes
Promotion codes are
non-transferable and there is no cash alternative. Furthermore, they cannot be
used in conjunction with any other promotion code or offers, and must be
redeemed by the date published, if provided.
Insurance and delivery
You will own the goods on
and from the later of the point in time when: (a) we receive payment in full,
or (b) we deliver the goods to you. bisouNYC insures each purchase during the
time it is in transit until it is delivered to your specified delivery address.
We may require a signature for any goods delivered, at which point responsibility
for your purchased goods passes to you. If you have specified a recipient who
is not you for delivery purposes (for example as a gift) then you accept that
evidence of a signature by them (or at that delivery address) is evidence of
delivery and fulfillment by bisouNYC, and transfer of responsibility in the
same way. The goods are your responsibility from the time we deliver them to
the address you gave us.bisouNYC is not responsible for any delays caused by
destination customs clearance processes.
If delivery is delayed by
any event outside of our control, we will contact you as soon as possible to
let you know and we will take steps to minimize the effect of the delay.
Provided we do this, we will not be liable for delays caused by the event, but
if there is a risk of substantial delay you may contact us to cancel your order
and we will give you a refund for any goods you have paid for but not received.
Returns and exchanges
Since all products are specially made to order, as of this
time we do not accept any returns
Intellectual property rights
You acknowledge and agree
that all copyright, designs, the "look and feel" of the Site,
trademarks and all other intellectual property and material rights relating to
the Content as herein described, including bisouNYC HTML and other code contained
in this Site, shall remain at all times vested in bisouNYC and/or are the
property of their respective owners. All such Content, including third party
trademarks, designs and related intellectual property rights mentioned or
displayed on this Site are protected by federal and state laws and regulations
and international treaty provisions. You are permitted to use the Content only
as expressly authorized by bisouNYC and/or its third party licensors. Any
reproduction or redistribution of the above listed Content is prohibited and
may result in civil and criminal penalties. Violators will be prosecuted to the
fullest extent permissible under applicable law. Without limiting the
foregoing, copying and use of the above listed materials to any other server,
location or support for publication, reproduction or distribution is expressly
prohibited.
Content
In addition to the
Intellectual property rights mentioned above, "Content" is defined as
all information such as the "look and feel" of the Site, data files,
graphics, text, photographs, drawings, logos, images, sounds, music, video or
audio files on this Site. bisouNYC tries to ensure that the information on this
site is accurate and complete. bisouNYC does not warrant or represent that
bisouNYC's Content is accurate, error-free or reliable or that your use of
bisouNYC’ s Content will not infringe rights of third parties. Your use of the
Web Site is at your risk. bisouNYC does not warrant that the functional aspects
of the Web Site or bisouNYC's Content will be error free or that this WebSite,
bisouNYC Content or the server that makes it available are free of viruses or
other harmful components. If your use of this Site, or bisouNYC's Content
results in the need for servicing or replacing property, material, equipment or
data, bisouNYC is not responsible for those costs. Without limiting the
foregoing, everything on the Web Site is provided to you "as is" and
"as available" without warranty of any kind, either expressed or
implied, including, but not limited to, the implied warranties of
merchantability, satisfactory quality, fitness for a particular purpose,
reasonable care and skill, or non-infringement. bisouNYC and its suppliers make
no warranties about bisouNYC Content, software text, downloads, graphics, and
links, or about results to be obtained from using the Site. You bear the entire
risk of the completeness, accuracy or usefulness of any Content found on this
Site. bisouNYC reserves the right to withdraw, temporarily or permanently, any
Content from this Site at any time and for any reason. Removal may be immediate
and without notice. You confirm that bisouNYC is not liable to you or any third
party for any such withdrawal. The personal opinions of the designers and
labels whose products we sell, or any third parties with whom we are associated
are their own and do not necessarily reflect the views of bisouNYC and we
accept no responsibility for any such views expressed in any media
No commercial user
This Site is for your
personal non-commercial use only. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, commercially exploit,
create derivative works from, transfer, or sell any Content, software,
products, or services contained within this Site. You may not use this Site, or
any of its Content, to further any commercial purpose, including any
advertising or advertising revenue generation activity on your own Site.
Your activity
You use this Site at your
sole risk. You agree that you will be personally responsible for your use of
this Site and for all of your communication and activity on this Site. We
reserve the right to deny you access to this Site, or any part of this Site, at
any time without notice. If we determine, in our sole discretion, that you
engaged in prohibited activities, were not respectful of other users, or
otherwise violated the TOS, we may deny you access to this Site on a temporary
or permanent basis and any decision to do so is final.You agree that you shall
not remove, obscure, or alter any proprietary rights notices (including
copyright and trade mark notices) which may be affixed to or contained within
the Site.You agree not to collect or harvest any personally identifiable
information, including account names, from the Site, nor to use the communication
systems provided by the Site for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the Site with
respect to any submissions made by them.
Third party
We may include hyperlinks
on this Site to other websites or resources operated by parties other than
bisouNYC, including advertisers. bisouNYC has not reviewed all of the sites
linked to its Web Site and is not responsible for the content or accuracy of
any off-site pages nor are we responsible for the availability of such external
websites or resources, and do not endorse and are not responsible or liable,
directly or indirectly, for the privacy practices or the content of such
websites, including (without limitation) any advertising, products or other materials
or services on or available from such websites or resources, nor for any
damage, loss or offence caused or alleged to be caused by, or in connection
with, the use of or reliance on any such content, goods or services available
on such external websites or resources.
General
While bisouNYC will use
reasonable endeavors to verify the accuracy of any information it places on the
Site, it makes no warranties, whether express or implied in relation to its
accuracy. This Site is provided on an "as is" and "as
available" basis without any representation or endorsement made and we
make no warranties of any kind, whether express or implied, in relation to this
Site, or any transaction that may be conducted on or through this Site
including but not limited to, implied warranties of non-infringement,
compatibility, security, accuracy, conditions of completeness, or any implied
warranty arising from course of dealing or usage or trade. We make no warranty
that this Site will meet your requirements or will be uninterrupted, timely,
secure or error-free, that defects will be corrected, or that this Site or the
server that makes it available are free of viruses or bugs or represents the
full functionality, accuracy, reliability of the materials. We will not be responsible
or liable to you for any loss of Content or material uploaded or transmitted
through this Site. To the fullest extent permissible under applicable law, we
disclaim any and all warranties of any kind, whether express or implied, in
relation to the products available through this Site including but not limited
to, implied warranties of satisfactory quality and fitness for a particular
purpose. Nothing in these TOS shall limit your rights as a consumer under the
laws of the State of New York.You acknowledge that we cannot guarantee and
therefore shall not be in any way responsible for the security or privacy of
this Site and any information provided to or taken from this Site by you.You
agree that, except for death and personal injury arising from our negligence,wWe
will not be liable in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent
misrepresentations) or otherwise out of or in connection with this contract,
for any economic losses (including without limitation, loss of revenues,
profits, contracts, business or anticipated savings), any loss of goodwill or
reputation, or any special or indirect or consequential losses in any case
whether or not such losses were incurred by that party arising out of or in
connection with the provisions of any matter under the TOS.
Indemnification
At our request, you agree
fully to defend, indemnify and hold harmless bisouNYC immediately on demand,
its officers, directors, agents, affiliates, licensors, and suppliers, from and
against all liabilities, claims, expenses, damages and losses, including legal
fees, arising from any breach of the TOS by you or any other liabilities
arising out of your use of this Site, or the use by any other persons accessing
this Site using your Internet account. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you hereunder. This defense and indemnification
obligation will survive these TOS and your use of the Site and the Services
Digital millennium copyright
act
If you are a copyright
owner or an agent thereof and believe that any Content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing our Copyright Agent with the
following information in writing:
A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
•
1. Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site.
•
2. Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the
material.
•
3. Information reasonably
sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail.
•
4. A statement that you
have a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law.
•
5. A statement that the
information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
General legal terms
•
(a) Complete Terms: The
TOS constitute the whole legal agreement between you and bisouNYC and govern
your use of the Services and completely replace any prior agreements between
you and bisouNYC in relation to the Services. Notwithstanding the
foregoing, you understand that bisouNYC may make changes to the TOS
from time to time. When these changes are made, bisouNYC will make a
new copy of the TOS available at http://www.bisouNYC.com. You agree
that bisouNYC is under no obligation to provide you with notices
regarding changes to the TOS. You understand that it is your responsibility to
check the TOS regularly for changes.
•
(b) Modifications to the
Services: bisouNYC is constantly innovating in order to provide the
best possible experience for its users. You acknowledge and agree that the form
and nature of the Services which bisouNYC provides may change from
time to time without prior notice to you. You further acknowledge and agree
that bisouNYC may stop (permanently or temporarily) providing the
Services (or any features within the Services) to you or to users generally
at bisouNYC's sole discretion, without prior notice to you.
•
(c) Confidentiality: You
understand that bisouNYC grants the operators of public search
engines permission to use spiders to copy materials from the site for the sole
purpose of creating publicly available searchable indices of the materials, but
not caches or archives of such materials. bisouNYC reserves the right
to revoke these exceptions either generally or in specific cases.
•
(d) Liability in the Event
of Breach: You agree that you will comply with all of the provisions of the
TOS. You understand that you are solely responsible for (and
that bisouNYC has no responsibility to you or to any third party for)
any breach of your obligations under the TOS and for the consequences including
any loss or damage which bisouNYC may suffer) of any such breach.
•
(e) Rights Not Waived: You
agree that if bisouNYC does not exercise or enforce any legal right
or remedy which is contained in the TOS (or which bisouNYC has the
benefit of under any applicable law), this will not be taken to be a formal waiver
of bisouNYC’s rights and that those rights or remedies will still be
available to bisouNYC.
•
(f) Severability: If any
court of law, having the jurisdiction to decide on this matter, rules that any
provision of these TOS is invalid, then that provision will be removed from the
TOS without affecting the rest of the TOS. The remaining provisions of the TOS
will continue to be valid and enforceable.
•
(g) Governing Law: The
TOS, and your relationship with bisouNYC under the TOS, shall be
governed by the laws of the State of Delaware. You and bisouNYC agree
to submit to the exclusive jurisdiction of the State and Federal courts in
Dover, Delaware, and waive any claim or defense of inconvenient forum or lack
of personal jurisdiction in such forum under any applicable law or decision or
otherwise.
•
(h) Violation of TOS:
Please report any violations of the TOS by emailing info@bisounyc.com
•
(i) Independent
Relationship: You and bisouNYC are independent contractors, and these
TOS, including but not limited to submission or distribution of any Content you
created, will not, in whole or in part, establish any relationship of
partnership, joint venture, employment, franchise or agency between the you
and bisouNYC. Neither party will have the power to bind the other or incur
obligations on the other's behalf without the other's prior written consent.
Neither party is authorized to act as an agent or representative of the other
or for or on behalf of the other party in any capacity other than as expressly
set forth in the TOS. Neither party shall in any manner advertise, represent or
hold itself (or any of its agents) out as so acting or being authorized so to
act, or incur any liabilities or obligations on behalf of, or in the name of,
the other party, unless specifically provided for in the TOS.