General Terms and Conditions of Use
VAN DE VELDE NORTH AMERICA INC. OPERATING UNDER THE BRAND PRIMADONNA (“THE COMPANY”, “WE” OR “US”) TERMS OF SERVICE AND CONDITIONS OF USE
These terms of service and conditions of use are a legally binding contract between you and THE COMPANY (the “Terms”). The Terms explain how you are permitted to use the website https://us-en.primadonna.com, as well as any and all associated websites linked to https://us-en.primadonna.com by THE COMPANY, its subsidiaries and affiliated companies, including but not limited to www.rigbyandpeller.com/US, www.rigbyandpeller.com/
US/PrimaDonna.html, www.rigbyandpeller.com/US/MarieJo.html and www.rigby
andpeller.com/US/AndresSarda.html (collectively, the "Site"). By using the Site, you are agreeing to all of the Terms and conditions set forth herein; if you do not agree with any of these terms, do not access or otherwise use the Site, any services available through the Site (the “Services”) or any information contained on the Site.
THE COMPANY may, in its sole discretion, make changes to the content and Services offered on the Site at any time. THE COMPANY can change, modify, edit, update, or add or remove provision(s) of the Terms, at any time by posting the updated terms on the Site. By using the Site after THE COMPANY has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
THE COMPANY provides content and Services through the Site that is copyrighted and/or trademarked work of THE COMPANY or THE COMPANY’s third-party licensors, suppliers or other users of the Site (collectively, the “Materials”). The Materials may include, but are not limited to, logos, graphics, video, images, software and other content.
THE COMPANY hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services on the Site.
You can simply view the Site and not use any Services on the Site. You need not register with THE COMPANY to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site (such as purchases online) and to use certain Services and Materials offered on and through the Site, you must register an account and password with THE COMPANY.
Password Restricted Areas of this Site.
If you desire to register for the e-commerce store or to become a member with THE COMPANY, you must create a unique password (the “Password”) and submit the following information through the account registration page on the Site: name, address, e-mail, telephone. THE COMPANY has the right to ask you to provide additional optional information, such as preferences, which is not required to register for an account but may be helpful to THE COMPANY in providing you with a more customized experience when using the Site or the Services. Once you have submitted your registration information, THE COMPANY administrator shall have the right to approve or reject the requested registration, at THE COMPANY administrator’s sole discretion. If your registration is approved by THE COMPANY administrator, your order shall be processed or you shall be accepted as a member. If you have trouble entering your password please contact customer service at the following email address: email@example.com.
You are responsible for maintaining the confidentiality of your Password and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify THE COMPANY if your Password on the Site is lost, stolen, if you are aware of any unauthorized use of your Password on the Site or if you know of any other breach of security in relation to the Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.
Updating Account Information
If you created a customer account at our online store you may review and edit your account information by clicking on the My Account or Log In links in the online store menu. If you checked out as a guest, then your customer information is not saved so there is no customer account information available in the online store system for you to review or edit.
If applicable, you agree to pay all fees or charges to your account based on THE COMPANY’s fees, charges, and billing terms in effect as shown on the checkout page. If you do not pay on time or if THE COMPANY cannot charge your credit card, PayPal or other payment method for any reason, THE COMPANY reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You expressly agree that THE COMPANY is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with the Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that THE COMPANY may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
SHIPPING & DELIVERY
On orders of $100 or more, shipping in the continental USA is free. On orders less than $100, shipping shall be billed in accordance with the fees in the ‘Order Processing and Shipping’ section below.
Order Processing and Shipping.
In-stock orders that are placed Monday thru Friday before 2:00pm EST will be processed and shipped within 4 to 6 business days.
Our preferred postal carrier is UPS. Below is an approximate time frame for delivery based on the shipping:
4 to 6 business days.
* Please be advised that at this time we cannot process nor ship orders on Saturdays or Sundays. Any order placed over the weekend or on a holiday will be processed on the following business day.
* External factors beyond our control, such as adverse weather, strikes, etc. may delay processing, shipping and/or receipt of your order.
* Exclusions do apply during online sales.
If you created a customer account at our online store, you have the ability to review your current and previous orders online. To view your orders, click on either theMy Account or Login menu links. Once you are logged into your account, further menus will be provided to review your orders.
If you checked out as a guest you will not be able to review your orders online.
If you are not completely satisfied with an item you have purchased from https://us-en.primadonna.com, you can return it to us within 28 days of the original purchase date for a refund. The item should be returned with proof of purchase, unworn and in a resalable condition. Sale items cannot be returned.
Online return policy
Merchandise returns will be accepted (excluding “final sale” items) within 28 days of the date of purchase. Returns must be accompanied by the Return Document, or date and amount of purchase must be validated in our system. Customer identification may be required. Refunds will be made in the original form of payment. PrimaDonna products purchased at a physical boutique not through the https://us-en.primadonna.com website must be returned to this boutique. We are unable to accept the return of PrimaDonna products purchased at a boutique.
You may return your order free of charge by returning the items to us following the below instructions:
- Return your order via UPS by taking your parcel to a UPS Access PointTM . To find your nearest UPS Access PointTM you can do one of the following:
- EMAIL firstname.lastname@example.org
- ONLINE www.ups.com/dropoff
- Merchandise must be in its original condition, unworn and unwashed, or merchandise must be defective. Determinations of defects will be made by THE COMPANY in its sole discretion within 14 days of receiving the returned items.
- Please return the products and their accessories in their original shipping box. If you don’t have the original shipping box, please make sure that the packaging is appropriate to avoid damage during transport. Shipments that arrive damaged will not be accepted for return.
- Please fill in the return slip that accompanied your goods. In case you lost your return slip, please contact Customer Service. Include this slip with the merchandise in the box being returned.
- Put the pre-paid return shipping label on the return package. We have sent this Return Label together with your original order. If you have lost this return shipping label, please contact us at email@example.com to receive a new copy.
If you prefer to use the carrier of your choice and create your own label, we recommend using a traceable and insured form of delivery. In this case the cost of return is at your expense.
Please ship returns to :
Van de Velde North America Inc.
104 Fifth Avenue,
New York, NY 10011
If you are returning items because of any defects, please notify us of the problem on the return slip.
We will refund you the price paid for the returned items. Your returned package can take up to 7 business days to reach us. Once received, you will be sent a confirmation email and your refund will be processed within 48 hours. Please allow 5 to 10 business days for funds to be credited back to your bank.
We will refund you once your return has been processed, provided your return has been accepted. We will refund you using the same method of payment used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use. For these products unreasonable use means handling the goods beyond what is reasonable to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a boutique.
If at the time of purchase you received a discount on the full order, this discount is divided amongst the different articles pro rata the purchase price. If you return this order (partially), also the discount (partially) shall be taken into account and the actual amount paid shall be refunded.
If you are not satisfied with your purchase for any reason, e.g., if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will:
* Provide a full refund for any product that is not what you ordered;
* Provide a full refund for any goods that arrive damaged or defective, if this is within a reasonable time following the sale; or
* At your option, replace the goods at our cost (including the cost of postage) unless this would not be possible or would be disproportionally costly under the circumstances, in which case we will refund you the amount paid for the items in question.
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 48 hours of the day we confirmed via e-mail that you were entitled to a refund for defective goods.
Inaccuracies and Errors
We cannot guarantee that our online store will be entirely free of human or technological errors. Our online store may contain inaccuracies, typographical errors or omissions in relation to availability and pricing and may not be current or up to date. We reserve the right at any time to update and correct any inaccuracies or errors including after an order has been submitted and accepted. We apologize for any inconvenience this may cause.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from THE COMPANY. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or the Services provided on or through the Site. These electronic communications are part of your relationship with THE COMPANY. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Links to Third Party Sites
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with the Site. You may not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You agree to accept full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below.
Those prohibitions do not require THE COMPANY to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using the Site and/or the Services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on the Site.
This list of prohibitions provides examples and is not complete or exclusive. THE COMPANY reserves the right to (a) terminate access to your account, your ability to post to the Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that THE COMPANY determines is inappropriate or disruptive to the Site or to any other user of the Site and/or the Services. THE COMPANY may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at THE COMPANY’s discretion, THE COMPANY will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.
Unauthorized use of any Materials or Third Party Content contained on the Site may violate certain laws and regulations.
You agree to indemnify and hold THE COMPANY and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) THE COMPANY or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
THE COMPANY is the license holder of the trademarks PrimaDonna and PrimaDonna Twist in the United States. Other trademarks, names and logos on the Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of THE COMPANY, Copyright © since 09/01/2018. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties
Your use of the Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by THE COMPANY, and they may include inaccuracies or typographical or other errors. THE COMPANY does not warrant the accuracy of timeliness of the Materials contained on the Site. THE COMPANY has no liability for any errors or omissions in the Materials, whether provided by THE COMPANY, our licensors or suppliers or other users.
THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
THE COMPANY controls and operates the Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to THE COMPANY, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and THE COMPANY is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that THE COMPANY is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Governing Law; Arbitration
The Terms shall in all respects be interpreted, enforced and governed by and under the laws of the State of New York, without regard to choice of law principles.
Any and all claims or disputes (“Claims”), regardless of whether such Claims arise under federal, state or local statute, rule or regulation, or at common law, which relate in any way to the Site, your use of the Site, the Services or THE COMPANY shall be exclusively resolved by binding arbitration, rather than in any court or quasi-judicial forum of any sort. The Federal Arbitration Act and federal arbitration law expressly apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Legal Department, Van de Velde North America Inc., 104 Fifth Avenue, New York 10011, New York. The arbitration will be conducted 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. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND SHALL UNDER NO CIRCUMSTANCE BE CONDUCTED ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION BASIS. The foregoing class action waiver applies to any and all Claims, regardless of the nature of any such Claims. If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial, and no such action may be conducted on a class, consolidated or representative action basis.
Certain violations of the Terms, as determined by THE COMPANY, may result in immediate termination of your access to the Site without prior notice to you. New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern the Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to the Terms. All disputes relating to the Terms or the Site will be heard in the courts located in New York, NY. If any of the Terms are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. THE COMPANY’s failure to enforce any of the Terms is not a waiver of such term. The Terms are the entire agreement between you and THE COMPANY and supersede all prior or contemporaneous negotiations, discussions or agreements between you and THE COMPANY about the Site and/or the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of the Terms.
If you have any questions about the Terms or otherwise need to contact THE COMPANY for any reason, you can reach us at firstname.lastname@example.org or at Van de Velde North America Inc., 104 Fifth Avenue, New York 10011, New York.