Terms & conditions Manufacture Jean Rousseau

US Terms and Conditions of Sale

Last updated September 1st, 2018

Welcome to Jean Rousseau!

By placing an Order with us or simply using our Website or Order platform from the US, you accept and agree to be bound by these general US Terms and Conditions of Sale, our related US Privacy Policy and such other policies we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these Terms and Conditions shall affect your statutory rights, either as a client or otherwise.
These Terms and Conditions of Sale shall therefore govern the sale of the Jean Rousseau Products by us, Jean Rousseau, Inc., to you, the customer (hereinafter “you, “Client”, or “Customer” as defined below), by telephone, email, and/or via our website at www.jean-rousseau.com or other means to our Customer Services and Client Services team, and will form the basis of any contract of sale between us (“Contract”). Please read these Terms and Conditions carefully before placing your order as you will be deemed to be bound by them.

1. Definitions

1.1. “Business Days” means all days other than Saturdays, Sunday and any US public holidays;

1.2. “Contract” means any contract between you and us for the sale and purchase of the Products, incorporating these Terms; for clarity purposes, each separate online or offline Order shall be treated as a distinct Contract.

1.3. “Products” means the Jean Rousseau Products as listed online;

1.4. “Order” means your order for the Products as per clause 3;

1.5. “Terms” means the terms and conditions of sale as set out in this document;

1.6. “Jean Rousseau”, “us” “we” or “our” means Jean Rousseau, Inc., a Delaware corporation with a New York business address at 420 Madison, Suite 401, New York, NY 10017.

1.7. “Website” means www.jean-rousseau.com

1.8. “Client”, “Customer” “you” and “your” means the person or business entity who purchases the Products from us, whether said person or business entity is a retail or wholesale client.

2. Application of Terms

2.1. These Terms apply to the Contract.

2.2. These Terms referred to on our Website and incorporated by reference in each single Order- in existence from time to time shall regulate the supply of Products by us to you. All other terms, conditions or representations are excluded (except as implied by statute). If there is a conflict between these Terms and any document on our Website or elsewhere, these Terms shall prevail.

2.3. The Contract constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made by or given by or on behalf of us which is not set out in the Contract.

2.4. Any descriptions or illustrations contained on the Website are produced for the sole purpose of giving an approximate idea of the Products and they do not form part of the Contract or have any contractual force.

2.5. We reserve the right to amend or change our Terms without notice to you in relation to future orders. You should ensure that before placing an order with us, you have read our current Terms which are always available on our Website and incorporated by reference in each single Order.

3. Formation of the Contract

3.1. You can place an Order either:

3.1.1. on our Website by adding Products to your basket and following the checkout process; or

3.1.2. by telephone to +1 646-861-0805 ; by email customerservice@jean-rousseau.com .

3.2. You are responsible for ensuring that your Order details are complete and accurate.

3.3. Clients can either place an order as guest or register an account with us to save their profile and benefit from updates and promotions as well as keeping track of their purchasing history with us. If you would like to register an account with us, go to our Website, click on “Log In” and follow the prompts to submit your information and related application. We reserve the right to deny access to any user and we also reserve the right to terminate accounts, remove or edit content or cancel orders at our discretion, but without charge to you. If you would like to be assisted, you may also call our Customer Service representative to register your account.

3.4. Each Order for Products by you to us shall be deemed to be an offer by you to purchase Products subject to these Terms; all Products being subject to availability.

3.5. No Contract exists between you and us, for the sale of any Products until we have received and accepted your order and sent you confirmation in writing (“Order Confirmation”) to the email address you gave at the time of your Order. At the time of our acceptance, there is a legally binding Contract between us and payment shall be taken by the method you selected at the time of your Order prior to dispatch. The Order Confirmation will set out:
3.5.1. your Order number;

3.5.2. your billing address;

3.5.3. your delivery address;

3.5.4. target non-binding delivery date and, if applicable, time, delivery method you chose at the time of your Order;

3.5.5. as the case may be, any special instructions you requested at the time of your Order;

3.5.6. order summary (including a description of the Products, the total cost of the Products ordered (inclusive of Taxes and delivery charges); and

3.6. A further email may be sent to you when the Products are ready to be dispatched (“Delivery Confirmation”). The Delivery Confirmation includes a link to enable you to view and track your Order.

3.7. You cannot make amendments/changes to your Order after we have sent the Delivery Confirmation. Note that any amendments/change to your Order may impact delivery date and time. You may nevertheless process a new Order for additional Products.

4. Description and Price of the Products.

4.1. The description of the Products will be as shown on our Website and/or our Catalogues at the time you place your Order. For Orders made from the US, all prices of the Products are listed in US Dollars, exclusive of applicable taxes and shipping or delivery costs. Applicable taxes, shipping and/or delivery cost will be calculated at checkout or on your Order Confirmation. Our shipping and delivery costs may change from time to time

4.2. Every effort is made to ensure that the prices of our Products shown on our Website or Catalogue are accurate at the time you place your Order. If an error is found, either before or at the time of our acceptance of your Order, we shall contact you either by telephone or by email using the telephone number or email address you provided to us at the time of your Order. You shall have the option to either re-confirm your Order at the correct price or to cancel your Order. We shall not process your Order until you have provided either verbal or written re-confirmation to us of your Order at the correct price.

4.3. The Products we sell are for the most part high-quality leather goods so it is important that you follow the use and care instructions provided by Jean Rousseau on its Website or separate documentation, available upon request.

4.4. The price of the Products and delivery charges shown on our Website or on the Order Confirmation are non-inclusive of Taxes, unless otherwise stated. Customer shall therefore be responsible to pay all taxes, fees or charges of any nature whatsoever imposed by any governmental authority on, or measured by, the transaction between Customer and us. If Jean Rousseau is required to collect the foregoing, such amounts will be separately stated at check out for online sales or on the Order confirmation, and must be paid by Customer.

4.5. Pricing errors, out-of-stock and other errors may occasionally occur on our Website or Catalogue. We reserve the right to cancel any Orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your Order. Should this happen with your Order, we are very sorry for the inconvenience. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again.

4.6. We have made every effort to ensure that the Products displayed on our Website or in our Catalogues and Brochures conform to the descriptions and photographs. The colors, specifications, dimensions and descriptions (please note all images are for illustration purposes only) of items are quoted as accurately as possible. The colors you see will depend on the resolution of your monitor and we cannot therefore guarantee that your monitor’s display of any color will always reflect accurately the color of the Products delivered. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed without prior notice.

4.7 For any order of custom-made Products, the modification of the order is authorized during a period of forty-eight (48) hours from the Order. Beyond this period, no correction on the Orders will be possible. The dimensions being measured and filled in by the Customer during the Order, they are provided by the Client at his/her sole responsibility. All details can be requested in writing or by phone from the customer service whose contact are provided hereunder.

5. Payment

5.1. Payment for the Products and delivery charges can be made by any method shown on our Website at the time you place your Order. Authorized payment method is credit/debit card, Apple Pay or Paypal.

5.2. The price you pay for the Products shall be the price stated in the Order Confirmation.

5.3. You will be charged for the Products at the same time we have sent out the Order Confirmation.

5.4. No payment shall be deemed to have been received by us until we have received cleared funds for your total Order.

6. Delivery, Title & Risk

6.1. We may include with the delivery of our Products a delivery note or paid invoice confirming:

6.1.1. the date of the Order;

6.1.2. your Order number;

6.1.3. your billing address;

6.1.4. your delivery address;

6.1.5. delivery date and delivery method you chose at time of your Order;

6.1.6. an order summary (including a description of the Products, the total cost of the Products ordered (inclusive of Taxes).

6.2. We reserve the right to change tour delivery charges at any time prior to your Order.

6.3. If applicable, any dates quoted for delivery are approximate only, and time of delivery is not of the essence. Any delay in delivery of the Products will not entitle you to terminate or rescind the Contract unless such delay exceeds 30 Days.

6.4. We shall not be liable for any delay in delivery or failure of delivery of the Products that is caused by an event or circumstance that is beyond our reasonable control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

6.5. The risk in the Products shall pass to you on completion of delivery.

6.6. Title to the Products shall not pass until we have received payment in full in cleared funds.

6.7. Jean Rousseau will ship by the method it deems most advantageous using standard commercial packaging. Customer agrees to pay all transportation charges and costs associated with shipment of the Product, including any special or export packaging requested or required under the circumstances, as determined by Jean Rousseau.

6.8. Jean Rousseau will use commercially reasonable efforts to deliver the Products by the estimated delivery date, indicated on the Order confirmation, which is given for information purposes only, if any; however, shipment of Products is subject to availability, and Jean Rousseau EXPRESSLY DISCLAIMS LIABILITY FOR ANY FAILURE TO MEET SUCH DELIVERY DATES.

6.9. Jean Rousseau will always try to procure its best efforts to accommodate its Customers, but there may be some instances or situations where due to unforeseen circumstances, beyond Jean Rousseau’s control or because of an event of force majeure, Jean Rousseau may have to extend the delivery period, suspend its execution of the Order or terminate the Contract with the Customer, without any liability for any compensation in damages. Jean Rousseau will procure its best commercial efforts to diligently notify its Customers in all instances.
Delivery to the Customer’s address:

6.11. Delivery of the Products shall be deemed to have taken place on delivery of the Products to the address specified by you on the Order (“Delivery Address”).

6.12. You must provide us with a Delivery Address (in addition to a billing address) at the time of your Order. The Order Confirmation shall prompt you to check that your Delivery Address is correct but it is your responsibility to check that the Products will be delivered to the correct address. You can amend the Delivery Address by contacting us either by telephone or by email from the time you place your Order until we have actually dispatch the Products. We reserve the right to charge additional delivery charges if you change your Delivery Address at short notice.

6.13. If you give us specific delivery instructions in your Order to leave the Products at a neighboring address or other place you nominate without obtaining a signature, the Products are delivered entirely at your own risk and we will not accept responsibility for any loss or damage suffered.

6.14. If Products are passed to a collection facility by the carrier, it is your responsibility to arrange for collection or re-delivery. The Products will be entirely at your own risk and we will not accept responsibility for any loss or damage suffered.

6.15. For any reason whatsoever, if we fail to deliver the Products, our liability shall be limited to obtaining replacement Products of similar description and quality. We shall have no liability for any failure to deliver the Products to the extent that such failure is caused by an event or circumstance beyond our reasonable control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

7. Warranty Disclaimer; Limitation of Liability; Indemnification

7.1. YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE AND RELATED ORDER OF OUR PRODUCTS, IS ENTIRELY AT YOUR OWN RISK. THE JEAN ROUSSEAU SERVICE AND PRODUCTS, THE E-COMMERCE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, JEAN ROUSSEAU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF OUR PRODUCTS, WITH RESPECT TO THE JEAN ROUSSEAU SERVICE AND PRODUCTS, THE WEBSITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH OUR PRODUCTS; JEAN ROUSSEAU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR THE JEAN ROUSSEAU SERVICES. JEAN ROUSSEAU DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SHOPPING PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

7.2. NEITHER JEAN ROUSSEAU NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, THE “JEAN ROUSSEAU PARTIES”) SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, UNFORESEEABLE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE ORDER OF PRODUCTS OR USE OF, OR THE INABILITY TO USE, OUR E-COMMERCE PLATFORM, OR MORE GENERALLY THE JEAN ROUSSEAU SERVICE. OUR LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS NON-CONFORMING. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE JEAN ROUSSEAU SERVICE AND TO TERMINATE THIS AGREEMENT. ADDITIONALLY, JEAN ROUSSEAU RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7.3 Price and availability information is subject to change without notice and may also vary geographically.

7.4. You agree to defend, indemnify, and hold JEAN ROUSSEAU Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney’s fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of our service, order of our Products, or violation of this Agreement by you or through use of your account.

8. Sales are Final with limited right of cancellation and refund policy

8.1. All sales are final once you receive an Order Confirmation.
Limited Right to cancel; Return and refund policy

8.2. You may have a legal right to reject the Products if they do not conform to your Order or if you take delivery of a package from us and the Products being delivered to you have been damaged in transit. Your deadline for rejecting the Products is the end of the next day after the Products have been delivered. We will at your option either exchange the Products without charge to you or proceed with a refund. We may request photos of the non-conforming Products and/or damaged packaging in order to enable us to investigate the matter.

8.3. If you reject the Products and request a refund, you are responsible for returning the Products to us at our Premises or facilitating a pick-up by our delivery service.

Returned products must be:
• in their original condition (new and never worn);
• in their original packaging;
• accompanied by their invoice or a copy of it;
• accompanied by the reason for return;

8.4. If you duly reject and return the Products we will:

8.4.1. refund you the price actually paid for the Products;

8.4.2. refund any delivery costs and return costs you have paid;

8.4.3. make any refunds due to you as soon as possible and in any event within 14 days beginning with the day on which we have agreed that you are entitled to a refund. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

8.5. We may withhold the reimbursement until we have received the Products back or you have supplied satisfactory evidence of non-conformity or damaged packaging and we have confirmed same with you.

8.6. You shall send back the Products or hand them over to us, without undue delay and in any event not later than 5 days from the day on which you communicate your cancellation or refund rights from this Contract to us. The deadline is met if you send back the Products or facilitate restitution before the period of 5 days has expired.

8.7. Exceptions to our Return Policy and Additional Disclaimers. Our return policy shall not apply in the event of a Product damage resulting from misuse or use not in accordance with the Product’s instructions and intended purpose, incorrect maintenance of the Product. Natural leather wristbands have by nature a limited lifespan, which is estimated between 6 months to 1 year for normal daily use. Products shall never be immersed in water and should not be exposed to any liquid; more generally our Products are not intended to be worn when practicing manual or sports activities. We use leather liners, respecting the Reach regulations and cannot therefore be held responsible for any reactions or allergies.

9. Data protection, Privacy Policy, Proprietary Trademark

9.1. We shall process your personal information in accordance with applicable law and regulation and shall take all reasonable steps to ensure that the details of your Order and payment are secure, but unless we are negligent, we shall not be liable for any unauthorized access to information supplied by you.

9.2. We shall only use your personal information for the purpose of fulfilling your Order and improving our services to you by way of targeted communication, unless you agree otherwise.

9.3. We would like to notify you of Products and offers that may be of interest to you from time to time. To be added to our marketing database, you can either untick the box at checkout at the time of your Order or you can independently subscribe to our newsletter by using the sign up form which can be found on our Website. You can opt out, correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the address, fax number or email address shown on our Website.

9.4. We believe that personal privacy issues are important, so we developed a Privacy Policy to explain how we collect, use and disclose information and content. The Privacy Policy forms part of our agreement with you and is incorporated in these Terms and Conditions of Sale by reference. For full details, please refer to our Privacy Policy located on our Website.

9.5. Reserved Intellectual Property. You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to our Website, Products and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms and Conditions. “Jean Rousseau” and “Atelier Jean Rousseau” are our registered Trademarks. Other products and company names that may be mentioned on our Website or provided as part of our services and offer of Products, and said names may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you hereunder.

10. General Provisions.

10.1. Relationship of the Parties. Nothing contained in these Terms and Conditions shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant or employer and employee between the parties hereto or any affiliates or subsidiaries thereof, or to provide either party with the right, power or authority, whether express or implied, to create any duty or obligation on behalf of the other party, other than as stated under the Contract or the Order.

10.2. Notices. Any notice or other communication required or permitted by these Terms and Conditions or by law to be served on or given to any party shall be in writing and shall be deemed served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, (a) three days after deposit in the mail, postage prepaid, registered or certified, return receipt requested, or (b) the next business day following transmission by fax or e-mail, sent in each case to the addresses set forth in the Order or the address of the Customer on its online account with Jean Rousseau. A mandatory copy of any legal complaint addressed to Jean Rousseau shall also be sent to: Jean Rousseau, Inc., C/O Peyrot & Associates PC., 62 William Street, 8th floor, New York, NY 10005.

10.3. Assignment. The rights and obligations hereunder are personal to each customer. Customer shall therefore not assign or otherwise transfer any rights or delegate any duties hereunder without the prior written consent of Jean Rousseau. Any attempted assignment, transfer or delegation without such consent shall be null and void.

10.4. Force Majeure. Jean Rousseau shall not be in breach of its obligations hereunder if performance of such obligations is prevented, delayed or made impracticable by any cause beyond the reasonable control of Jean Rousseau, including without limitation, acts or omissions of Customer, acts of God or government, natural disasters or storms, fire, political strife, labor disputes, terrorism, failure or delay of transportation, default by suppliers or unavailability of ingredients necessary to prepare and process the Order.

10.5. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regards to its conflict of laws provisions. Any dispute between the parties concerning these terms and conditions and any related Order shall be brought in the competent courts of the State of New York, County of New York and Customer consents to such courts having personal jurisdiction and that venue is proper in such courts.

10.6. Attorney’s Fees. If any litigation is brought to enforce the rights of a party hereunder, the prevailing party shall be awarded its reasonable attorneys’ fees together with expenses and costs incurred with such litigation, including necessary fees, costs, and expenses for services rendered, as well as subsequent to judgment in obtaining execution thereof.

10.7. Interpretation. The titles of the Sections and Clauses of these Terms and Conditions are for convenience only and shall not affect the interpretation or construction of any Section.

10.8. Waiver. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. A waiver of any of the terms, or any breach or default hereunder, shall not be deemed or construed as a waiver of such terms for the future or any subsequent breach or default, whether or not of the same or similar nature.

10.9. Entire Agreement; Severability; Modification. These Terms and Conditions represent the entire agreement between Jean Rousseau and Customer as parties with respect to the subject matter hereof and all other understandings and agreements relating thereto, whether written or oral, including but not limited to all requests for proposal, proposals, payments or other forms, are nullified and superseded hereby. Whenever possible, each provision shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision hereunder is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions. These Terms and Conditions may be modified, amended, or supplemented from time to time by Jean Rousseau, at its sole discretion.

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Last Updated September 1st, 2018