STORE POLICY

ONLINE SALES

In addition to the Terms of Use http://us.gyviviere.com/eng-us/legal-notice which governs your use of this website (the “Site”), these Terms of Purchase govern any order or purchase you (the individual completing this order, “you”) make on the Site operated by James Gyviviere America, Inc. (“Gyviviere” or “James Gyviviere North America” or “we”). By proceeding to place an order and accepting these Terms of Purchase, you agree to be bound by these Terms of Purchase whether or not you have read them. If you do not agree to these Terms of Purchase, proceed to cancel your order now. Please print a copy of these Terms of Purchase for your records.

1. Ordering Process

All advertisements on the Site are invitations to purchase and not offers to sell. James Gyviviere reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted.

Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by James Gyviviere but does not constitute acceptance of your order. James Gyviviere reserves the right at any time after receipt of your order to accept or decline your order for any reason and James Gyviviere will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that James Gyviviere rejects the order, James Gyviviere will have no obligation to fulfill your order and you will have no obligation to pay James Gyviviere for the order.

2. Availability

The purchase of products on the Site is subject to availability. In the event that James Gyviviere advises you that such products are no longer available, James Gyviviere will have no obligation to fulfill your order and you will have no obligation to pay James Gyviviere for the order. This Site only ships products to addresses in the U.S.

3. Price

You agree to pay James Gyviviere the amount set out as the “TOTAL” in your order summary as part of the “Payment” step (the “Fee”). The Fee is quoted in U.S. dollars and includes shipping and handling and all applicable taxes.

4. Method of Payment

When placing an order, your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order. Gift cards and gift certificates will not be applicable on the Site. On the Site (including its mobile

 

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version), you may pay for your purchase using a valid VISA, MasterCard, American Express or Discover card or PayPal and you authorize James Gyviviere to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and James Gyviviere will have no obligation to fulfill your order.

5. Shipment

Your order will be shipped to the U.S. delivery address specified by you during the order process. James Gyviviere is not responsible for any loss of the products following shipment from James Gyviviere or its agents’ or mandataries’ facilities to your delivery address.

6. Returns and Exchanges

Merchandise may be exchanged or returned to the James Gyviviere online store for a store credit within one (1) month of the original purchase date. PayPal purchases may be exchanged or returned for store credit within one (1) month of the original purchase date. All merchandise returned for exchange, store credit  must be in perfect saleable condition. For perfume returns the wrapping must remain sealed and not tampered with for an exchange, store credit. 

7. Passwords

You are responsible for the security of your account and password. James Gyviviere will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password.

8. Privacy

James Gyviviere personal information practices on the Site are governed by James Gyviviere Privacy Policy which can be found at http://us.gyviviere.com/eng- us/legal-notice. Please review the Privacy Policy and print a copy for your records.

9. Changes to the Terms of Purchase

 

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James Gyviviere may at any time modify these Terms of Purchase and will post a copy of the amended Agreement at http://us.gyviviere.com/eng-us/legal-notice.
10. Limitation of Liability

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL JAMES GYVIVIERE BE LIABLE FOR ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS TERM MAY BE VOID, INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART IN THE STATE OF GEORGIA.

JAMES GYVIVIERE TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO JAMES GYVIVIERE HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS.

TO THE FULL EXTENT PERMITED BY APPLICABLE LAW, WITHOUT LIMITING ANY OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR LOCAL LAWS.

11. Applicable Law

This Agreement will be governed by the laws of the State of Georgia. The exclusive jurisdiction for any claim, action or dispute with James Gyviviere or relating in any way to your use of the Site or a purchase made on the Site will be in the state and federal courts of the State of Georgia and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the City of Atlanta, Georgia. All parties to this Agreement waive their respective rights to a trial by jury.

12. General

Except for the Terms of Use which govern your use of the Site, these Terms of Purchase along with your purchase order/invoice are the entire agreement between you and James Gyviviere with respect to any purchase made by you on the

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Site and supersede all previous agreements, understandings and representations relating thereto. No failure by James Gyviviere to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. James Gyviviere will not be liable for any delay or failure to perform any of its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its control. You may not assign these Terms of Purchase to any third party without the prior written consent of James Gyviviere. These Terms of Purchase will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) James Gyviviere and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Purchase, the wording in these Terms of Purchase will prevail.