TERMS AND CONDITIONS

JANUARY 21, 2014

  

The following terms and conditions (the “Terms and Conditions”) shall apply to any purchase you make of any of [Zadig & Voltaire’s] (“Zadig & Voltaire”) products (the “Products”) through Zadig & Voltaire’s website at http://www.zadig-et-voltaire.com (the “Website”) and/or any use you make of the Website. The Terms and Conditions and any documents expressly referenced herein shall contain Zadig & Voltaire’s and your entire understanding relating to its subject matter and shall supersede all prior or contemporaneous agreements between Zadig & Voltaire and you.  By purchasing any of the Products and/or using the Website, you accept the Terms and Conditions and the terms of any documents expressly referenced herein and agree to abide by them. 

  A. CONTRACT FORMATION.  After selecting the Products you wish to purchase, and providing and confirming your payment details on the Website (collectively, the “Order”), you will receive an email from Zadig & Voltaire acknowledging that it has have received your Order and providing you with a confirmation number (the “Order Acknowledgement”).  All Orders are subject to acceptance by Zadig & Voltaire, which will be conveyed in the form of an email to you, confirming that the Product is being shipped to you (the “Shipping Confirmation”). The contract between you and Zadig & Voltaire will be formed under the Terms and Conditions upon your receipt of the Shipping Confirmation and will relate solely to the Products referenced in the Shipping Confirmation (Contract). Products will not be shipped to you until payment has been made in full by you and your payment details have been verified by any third party payment facilitators.
  B. YOUR RIGHT TO CANCEL.  You may cancel the Order within five (5) days of placing the Order by emailing Zadig & Voltaire at customerservice@zadigetvoltaire.com; provided that no Shipping Confirmation has been sent to you.  If the Order has already been shipped by Zadig & Voltaire to you, you may return the Order in accordance with Zadig & Voltaire’s return policies set forth in Section D herein.
C. ZADIG & VOLTAIRE RIGHT TO CANCEL.  Without limitation to Section I. herein, Zadig & Voltaire reserves the right to deny or cancel at any time any of your current or future Orders if any of the following situations exist:

 

  1. Billing / Payment / Shipping Information
Orders cannot be processed due to an error in the information that you have provided including, without limitation:

a. incorrect credit/debit card number, expiration date or card security number;

b. incorrect billing information;

c. incorrect or incomplete shipping address; or

d. information that Zadig & Voltaire, in its own discretion, believes to be fraudulent.

  1. Merchandise Delay or Unavailability. A Product is delayed for shipment from Zadig & Voltaire’s warehouse or is unavailable.
  2. Resale of Merchandise.  In Zadig & Voltaire’s sole discretion, any suspected resale of the Products by you for your personal or business profit.
  3. Reshipping of Merchandise.  Any Orders shipping to freight forwarding companies.
  4. Previous Fraudulent Order History.  In Zadig & Voltaire’s sole discretion, if it suspects fraudulent activity is occurring or has occurred in relation to the Order. 
 
D. PRICE AND PAYMENT. 
  1. The price of any Product will be as quoted on the Website in U.S. Dollars, (the “Price”).  The Price excludes applicable state sales tax, and shipping and handling costs, which will be added to the total amount of your purchase. [For details of shipping and handling costs, please click here].  Prices may change at any time, in Zadig & Voltaire’s sole discretion, but such changes will not impact Orders in respect of which Zadig & Voltaire has already sent a Shipping Confirmation to you.  Zadig & Voltaire reserves the right to correct any errors, inaccuracies or omissions and to modify or update any information on the Website at any time.  
  2. Payment is due at the latest upon receipt by you of the Shipping Confirmation.  The only forms of payment that will be accepted by Zadig & Voltaire are credit cards from Visa, MasterCard or American Express, debit cards with a Visa or MasterCard logo, gift cards issued by Zadig & Voltaire, merchandise credits issued by Zadig & Voltaire and payment via PayPal.  In order to process the Order, Zadig & Voltaire will need to share your payment details with third party service providers. This will be done in accordance with Zadig & Voltaire’s [PRIVACY POLICY]. Please see our [PRIVACY POLICY] for information regarding the collection and use of your personal information from the Website.  By providing Zadig & Voltaire with this information, you specifically authorize such action.

E. PROMOTIONAL CODES AND GIFT CARDS.

  1. Promotional codes issued by the Website may be redeemed for merchandise only on the Website during the time period associated with such promotional code.  Expiration dates of promotional codes cannot be extended.
  2. Gift cards cannot be redeemed for cash unless otherwise required by applicable law and cannot be replaced if lost, stolen or destroyed.

F. Return, EXCHANGE & Refund Policy       

    1. 1. You may return or exchange any Products purchased via the Website, that are unwashed, unworn, have the tags attached and be in resalable condition, by mail within 30 days of the date you receive the Products. Please ensure that all Products returned are suitably packed for shipment. We recommend that you insure any Products that are returned to us by mail as we will not be liable for any damage or loss during transit. Please ensure that any Products returned are accompanied by your receipt. You may exchange for a merchandise credit or a Product of equal or lesser value any unwashed and unworn Products purchased via the Website, that are part of Zadig & Voltaire’s current collection, at any store in the United States within 30 days of the date of the Order Acknowledgment. Notwithstanding the foregoing, certain Products are available exclusively through the Website and may be subject to different return or exchange policies, which shall be indicated if applicable, and sale items marked “Final Sale” may not be returned or exchanged. Shipping and handling charges paid by you for the Order are not refundable (unless an Order is cancelled as set forth in Section I.B. herein). Any costs including, without limitation, shipping and handling charges associated with your return of any Products to Zadig & Voltaire shall be your sole responsibility.
    2. To return Products by mail, follow these steps:
a. Login into your account on Zadig &voltaire’s website, on your Dashboard, select “Return a product”.
b. Select items you wish to return and return modality “refund”, then validate your return.
c. Print the return request ans place a copy of it and of the documents attached to your order in your return package. Send your package to Zadig & Voltaire C/O MODAEXPRESS USA, 900 Secaucus road, Secaucus NJ 07094.
  1. To exchange Products by mail, follow these steps:
a. Login into your account on Zadig &voltaire’s website, on your Dashboard, select “Return a product”.
b. Select items you wish to return and return modality “exchange” or”store credit”, add a comment explaining your whishes for an exchange, then validate your return.
c. Print the return request ans place a copy of it and of the documents attached to your order in your return package. Send your package to Zadig & Voltaire C/O MODAEXPRESS USA, 900 Secaucus road, Secaucus NJ 07094.
4. If you exercise your right to cancel an Order as set forth in Section B herein, Zadig & Voltaire will process the refund due to you within 30 days of you having provided written notice of your cancellation. 
5. If you return a Product, Zadig & Voltaire will send you an acknowledgment of receipt of such returned Product and will then inspect the returned Product and notify you of any refund via email.  Any refunds will be processed within 30 days of the date Zadig & Voltaire receives the Product being returned.  Zadig & Voltaire may, in its sole discretion, reject your return if the Product being returned is not in the same condition in which you received it.  
6. You must inspect the Products purchased at the place and time of delivery and notify of us of any shortages, defects or any other complaint immediately and in any case within five (5) business days from the date the purchased Products were delivered to you, failing which the purchased Products will be deemed to have been accepted and in good order.  Products returned as a result of a defect, which shall be determined in Zadig & Voltaire’s sole discretion, will be refunded in full, including all associated shipping and handling charges.  All refunds [including Product(s) received as a gift], will be credited to the original form of payment.

G. MERCHANDISE CREDITS.  Merchandise credits have no expiration date and cannot be redeemed for cash unless otherwise required by applicable law.


H. CUSTOMER’S REPRESENTATION.  By placing an Order on the Website you are representing to Zadig & Voltaire that you are legally competent to enter into a binding agreement, and at least 18 years old.

I. DELIVERY AND RISK OF LOSS.  Risk of loss and ownership of the Products purchased by you shall pass from Zadig & Voltaire to you upon your receipt of the Products.  Risk of loss and ownership of the Products being returned to Zadig & Voltaire shall pass from you to Zadig & Voltaire upon Zadig & Voltaire’s acknowledgment of receipt of the returned Products. 
 
J. LIABILITY.  Products purchased from the Website are of satisfactory quality and reasonably fit for all the purposes for which products of a similar type are commonly supplied. Subject to any specific warranties offered in relation to specific Products or those required by applicable law, Zadig & Voltaire does not provide any guarantees or warrantees in relation to the Product. Zadig & Voltaire is only liable for losses suffered by you as a result of Zadig & Voltaire’s breach of the Terms and Conditions and any documents expressly referenced herein, which is strictly limited to the purchase price of the Product purchased by you. In addition to the foregoing, Zadig & Voltaire makes no express warranties on sale items marked “Final Sale”, which are sold on an “as is” basis. This does not include or limit Zadig & Voltaire’s liability for any matter for which it would be unenforceable for Zadig & Voltaire to attempt to exclude or limit its liability including, without limitation, personal injury or death as a result of negligence and/or fraud. To the extent permitted under applicable law, and notwithstanding anything to the contrary set forth herein, Zadig & Voltaire excludes any and all implied warranties, including the implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose of all Products, including sale items marked “Final Sale”. You may have certain rights under the local law of your state of residence, and nothing in these Terms and Conditions is intended to affect such rights to the extent they are applicable. 
 
K. FORCE MAJEURE.  Zadig & Voltaire is not responsible for any failure to perform, or unreasonably delay its performance of, any of its obligations herein, that are, directly or indirectly, caused by or a result of, any events outside Zadig & Voltaire’s reasonable control including, without limitation, war, riots, natural disasters, labor strikes, and inability to obtain raw materials.

L. NO WAIVER.  If Zadig & Voltaire does not insist on strict performance of your obligations under the Terms and Conditions and any documents expressly referenced herein, or if Zadig & Voltaire fails to exercise any of its rights and remedies contained in the Terms and Conditions and any documents expressly referenced herein, or under applicable law, this shall not constitute a waiver of such rights or remedies on behalf of Zadig & Voltaire and shall not relieve you from such obligations.

M. THIRD PARTIES.  You and Zadig & Voltaire shall be the only parties with any rights to enforce the Term and Conditions and any documents expressly referenced herein.  The Terms and Conditions and any documents expressly referenced herein shall not be assigned by you, in whole or in part, to any third party.

 N. SEVERABILITY.  If any of the terms, conditions or provisions of the Terms and Conditions or any documents expressly referenced herein are found to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by applicable law. 
 
O. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS.  Zadig & Voltaire has the right to revise and amend the Terms and Conditions from time to time, in its sole discretion. You shall be subject to the Terms and Conditions in force at the time you place an Order unless any change is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if Zadig & Voltaire notifies you of a change to the Terms and Conditions prior to providing you with the Shipping Confirmation. 

P. LAW AND JURISDICTION.  The Terms and Conditions and any documents expressly referenced herein shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts executed and fully performed within the State of New York excluding (a) any conflicts of law, rules or principles that might refer the governance or construction of the Terms and Conditions to the laws of any jurisdiction other than the State of New York, and (b) the provisions of the 1980 United States Convention on Contracts for the Sale of Goods.  You and Zadig & Voltaire irrevocably and unconditionally submit to the non-exclusive personal jurisdiction of the courts located in the State of New York for any action, suit or proceeding arising out of the Terms and Conditions or the transactions contemplated hereby and waive any objection to the laying of venue in the state or Federal courts in the State of New York, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. 
 

Q. IMPORTANT INFORMATION REGARDING YOUR CREDIT CARD:

  1. Zadig & Voltaire reserves the right to request from you any additional evidence or proof of billing information.
  2. The credit card charge for the Order will appear on your credit card statement as “ZADIGETVOLTAIRE.COM”.  If you contest the validity or amount of a charge related to an order with Zadig & Voltaire, please email the Customer Service Department at customerservice@zadigetvoltaire.com.
  3. Zadig & Voltaire will prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for an Order filled and delivered to the you.
  4. Should you cancel an Order, any “authorization holds” will be removed from your account within three (3) to five (5) business days.

 

R. Questions/Contact Us.  If you have any questions, comments or concerns regarding our privacy practices, please email us at customerservice@zadigetvoltaire.com.