Conditions of Sale
Last revised: 1 August 2018
These Conditions of Sale shall apply to all sales of L’ÉCOLE Van Cleef & Arpels’ sessions, conversations and other training services (“Services”) that you (the “Client” or “you”) may order from L’ÉCOLE Van Cleef & Arpels, Paris (France), through its U.S. affiliated entity (“L’ÉCOLE Van Cleef & Arpels” or referred to herein as “us”, “our” or “we”) on the Internet via L’ÉCOLE Van Cleef & Arpels’ Platforms, identified by the domain name "www.lecolevancleefarpels.com" (the "Platforms"), and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”).
Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms. Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Platforms.
We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
2. PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of, or residents living in, the continental United States of America, Alaska, Hawaii or the District of Columbia, may order Services on the Platforms. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.
By placing an order through the Platforms, you represent and warrant that you are a bona fide end-user Client and will not deliver, sell or otherwise market L’ÉCOLE Van Cleef & Arpels Services or purchase L’ÉCOLE Van Cleef & Arpels Services for commercial purposes or any other commercial benefit.
3. SERVICE AVAILABILITY; DATE AND PLACE OF EXECUTION
All orders placed through the Platforms are subject to availability and acceptance by L’ÉCOLE Van Cleef & Arpels.
L’ÉCOLE Van Cleef & Arpels reserves the right to change the assortment of Services proposed on the Platforms and may limit from time to time the quantity of L’ÉCOLE Van Cleef & Arpels Services that may be ordered by a Client in a single buying session.
The Platforms can provide you with information regarding Services that are currently available for sale through those channels. Services shown on the Platforms, which cannot be added to the shopping bag, are not available for sale through the Platforms. You may also call the Point of Contact of L’ÉCOLE Van Cleef & Arpels (the “Point of Contact”) (telephone number indicated on the Platforms) and an Ambassador will be happy to answer any questions you may have regarding the order process and provide you with further information as to Service availability and assist you with your purchase.
4. ACCOUNT REGISTRATION; PERSONAL INFORMATION
In order to place an order on the Platforms, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
The order process of the Platforms will include the following:
• Add to Shopping Bag: Once you have chosen a Service, you may place this Service in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits). Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment.
• Checkout: When you are ready, you then proceed to “Checkout”. You may also remove one or several products you have selected from the shopping bag as part of the checkout process.
• Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order.
• Placing of Order: You then check the relevant box and place your order.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.
6. PRICES, TAX
All prices for the Services shown on the Platforms or quoted by the Point of Contact are in U.S. Dollars and do not include applicable state and local taxes.
L’ÉCOLE Van Cleef & Arpels reserves the right to modify prices at any time without prior notice. If a L’ÉCOLE Van Cleef & Arpels Service’s current price is different than the price posted on our Platforms, then L’ÉCOLE Van Cleef & Arpels will either contact the Client for instructions or, if L’ÉCOLE Van Cleef & Arpels cannot obtain your instructions, reject the order and notify you of such rejection.
However, the price of a Service displayed on the Platforms, as indicated at the time L’ÉCOLE Van Cleef & Arpels provides you with a Confirmation of Order, will be honored by L’ÉCOLE Van Cleef & Arpels.
The actual total price associated with your purchase will be calculated at the time when your order is confirmed, at which point you will receive a Confirmation of Order (as defined in Clause 9).
You may pay by credit or debit card, as indicated on the Platforms. Payment shall be processed in the United States by Van Cleef & Arpels, a division of Richemont North America, Inc.
When ordering on the Platforms, you will need to enter your payment details on the appropriate form. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to L’ÉCOLE Van Cleef & Arpels, you will need to contact your card issuer directly to solve this problem, and L’ÉCOLE Van Cleef & Arpels will not be liable for any delay or non-delivery.
You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions. The amount of your purchase will be blocked on your card until your order is confirmed at which time you will be sent a Confirmation of Order and your card will be charged the applicable amount.
8. ACKNOWLEDGEMENT OF ORDER
Once you have placed your order on the Platforms, you will receive an Acknowledgement of Order by e-mail acknowledging the details of your order. This Acknowledgement of Order will contain an Order Reference Number assigned by L’ÉCOLE Van Cleef & Arpels. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgement of Order is not an acceptance of your order. Following the transmission of the Acknowledgement of Order, L’ÉCOLE Van Cleef & Arpels will conduct its usual security checks and then process your order.
9. CONFIRMATION OF ORDER BY L’ÉCOLE VAN CLEEF & ARPELS
You may call the Point of Contact to modify your order before acceptance of your payment by L’ÉCOLE Van Cleef & Arpels, but not afterwards.
Upon acceptance of your payment and order, following completion by L’ÉCOLE Van Cleef & Arpels of security checks, L’ÉCOLE Van Cleef & Arpels will send you by e-mail a written Confirmation of Order.
The Confirmation of Order constitutes the acceptance of your order by L’ÉCOLE Van Cleef & Arpels and indicates the existence of a binding contract.
When ordering Services on the Platforms, you will receive an invoice that will be sent to you in writing (to your email address as a PDF attachment or otherwise).
Please note that L’ÉCOLE Van Cleef & Arpels will not send the invoice and payment details to the gift recipient.
You may cancel your Services for any reason for a full refund provided you cancel no later than ten (10) days prior to the applicable course or session. If you cancel your Services within ten (10) days prior to the applicable course or session, you will not be entitled to any refund, except in case of force majeure.
Either party to these Conditions of Sale may also cancel an order in case of force majeure, as defined below. In case of force majeure, L’ÉCOLE Van Cleef & Arpels will contact you immediately and postpone the Services to a later date. If postponing is not possible, we will reimburse to you all payments received from you, without undue delay and in any event not later than 10 days from the day on which we notified you about the cancellation, and no other form of compensation will be due from L’ÉCOLE Van Cleef & Arpels.
For the purpose of these Conditions of Sale, “force majeure” means acts of God, acts of war, terrorism, civil disorders, epidemics, earthquake, fire, flood. government or legal restrictions, the unavailability of an instructor or lecturer for reasons beyond the control of L’ÉCOLE Van Cleef & Arpels, or other events not within the control of either party.
We will carry out any refund due to you for cancellation using the same means of payment as you used for the initial transaction, without charging you any fee.
12. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the Services and Platforms whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the Service(s) in your order.
Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.
13. ACCURACY OF SERVICE DESCRIPTIONS AND INFORMATION
While L’ÉCOLE Van Cleef & Arpels endeavors to verify the accuracy of any information it places on the Platforms, in advertisements or catalogues or by the Point of Contact, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. While every effort will be made to ensure that the descriptions, photographs or graphical representations relating to the L’ÉCOLE Van Cleef & Arpels Services detailed on the Platforms or in a catalogue are as accurate as possible, L’ÉCOLE Van Cleef & Arpels does not warrant that such materials or other content are error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise.
14. GENERAL PROVISIONS
If any provision, or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms.
Information and complaints. In case of any complaints please contact our Point of Contact at the following address: L’ÉCOLE Van Cleef & Arpels, Van Cleef & Arpels, 645 Fifth Avenue, New York, New York 10022. For further information or complaints, you may also contact the Point of Contact on the telephone number and e-mail address indicated on the Platforms.
15. GOVERNING LAW; AGREEMENT TO ARBITRATION OF CLAIMS
These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product or service purchased from L’ÉCOLE Van Cleef & Arpels through the Platforms, will be resolved by binding arbitration, rather than in court, except that a consumer or L’ÉCOLE Van Cleef & Arpels may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and L’ÉCOLE Van Cleef & Arpels understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and L’ÉCOLE Van Cleef & Arpels agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with L’ÉCOLE Van Cleef & Arpels) or at consumer’s election, New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
Before bringing any dispute in arbitration, you and L’ÉCOLE Van Cleef & Arpels agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product or service, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
Last Revised: 1 August 2018