TERMS & CONDITIONS
Prior to submitting an order by clicking the ‘submit order’ button on the payment method page, please save or print a copy of these Terms and Conditions to keep on file for future reference regarding the order you are submitting.
1 - SCOPE
Thierry Mugler Consumer Relations
One Park Avenue 19th Floor
New York NY 10016
Phone : 1-877-843-7968
These Terms and Conditions will supersede any and all other terms and conditions contained in or referred to in order(s), in correspondence or elsewhere and this notwithstanding any provisions to the contrary in such other terms and conditions. We reserve the right to update or amend these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date copies below. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from Mugler or otherwise use the Site. By using the Site, you agree to be bound by the Terms and Conditions posted on the Site at the time of your access or purchase.
These Terms and Conditions are a legally binding contract between you and us. By accessing and using the Site, you are acknowledging that you have read, understand, and agree to be bound by these Terms and Conditions and the other guidelines, policies and terms posted on the Site. In addition, by using the Site, you affirm that you are at least 18 years of age and are fully able and competent to enter into the agreements, representations and responsibilities set forth in these Terms and Conditions, and able to abide by these Terms and Conditions.
2 - PLACEMENT OF ORDER – OFFER – CONTRACT CONCLUSION
Orders may be placed exclusively online at the website of the Thierry Mugler Shop at mugler.com (the “Site”) which is available in English. Before placing the order, the Buyer may review and change the order related data at anytime in the shopping basket area of the Site. The Buyer may identify and correct input errors at anytime, before finally submitting the order by clicking the "submit order" button, by reviewing the order and the price, reviewing the details of each product and selecting or deselecting a product.
The presentation of products on the Site does not constitute a binding offer from the Seller.
We reserve the right to limit the maximum product quantity and/or the maximum amount per order.
Orders placed by clicking the "submit order" button by the Buyer constitute a binding offer to us to enter into a purchase agreement. However, orders may be placed and transmitted only if the Buyer accepts these Terms and Conditions by placing a checkmark in the appropriate check box, thereby including them into his/her offer. Once the Buyer has placed an order with the Seller, we will send him/her an e-mail confirming receipt and listing details of the order (order confirmation) without undue delay. This order confirmation does not constitute acceptance of the offer, but is only intended to inform the Buyer that we received his/her order. A contract of sale shall be concluded only when we ship the ordered product to the Buyer and confirm shipping with a second e-mail (shipping confirmation). No contract of sale shall be concluded for products not listed in the shipping confirmation. The Seller shall be the contracting party. The Seller does not intent to offer products for purchase to minors. Our products may only be purchased by persons who have reached the age of the majority in accordance with the applicable law. The concluded contract will be stored by the Seller and is available for the Buyer on request. You may request a copy of your contract via e-mail.
For the avoidance of doubt, these Terms and Conditions shall apply to the formation of any such contract as soon as of your review of the products and services advertised on the Site.
3 - CONSUMER’S RIGHT OF WITHDRAWAL, INCOMPLETE DELIVERIES AND DAMAGES AND FAULTY PRODUCTS
3.1 Consumer’s right of withdrawal
As consumer, the Buyer has the right to notify to the Seller that he/she waives the purchase, without penalties and without indicating any motive, within thirty (30) calendar days as of the day following the delivery of the product.
The Buyer has no right to waive his/her purchase where it is a software program (i) acquired through downloading or forwarding of a key to activate the software program or (ii) unsealed by the consumer.
WITHDRAWAL SHALL BE EFFECTED BY FILING A REQUEST FORM RETURN PROVIDED WITH THE ORDER AND SENDING IT TO THE POSTAL ADDRESS BELOW WITH RETURNED PRODUCT(S), BEFORE THE EXPIRATION OF THE ABOVE DEADLINE (30 DAYS):
15 Olympic Drive
Orangeburg, NY 10962
3.2 Incomplete deliveries and damages and faulty products
You may (a) exchange your products or (b) obtain a full refund if the products in your order are damaged or faulty upon receipt, or if the products you have received are not the products you originally ordered.
When exchanging damaged or faulty products or incorrect deliveries, we will dispatch replacement items to you free of charge provided you first return the products in your order to us in the condition in which you received them.
When returning damaged, faulty or incorrect orders we will refund (to the original credit or debit card account used to make the online purchase):
i. the full purchase price;
ii. the delivery charges incurred in delivering the products to you (where only part of an order is returned to us, we may reduce the amount of the delivery charge we refund you to account for the delivery costs of those items sent to you and not returned); and
iii. the shipping costs to return the products to us;
provided you first return the products in your order to us in the condition in which you received them. If you fail to return products to us we may charge you for the products or the cost incurred in collecting them from you.
To obtain a refund or exchange of the products to us, please return products within thirty (30) business days as of the delivery date or, where applicable, the discovery of the defect.
The above provisions do not affect your statutory rights.
4 - PRODUCT DESCRIPTIONS AND PRICES
We will take all reasonable care to ensure that descriptions, details and prices of the products appearing on the Site are accurate at the time they are entered onto the system. The Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced or described. If a Product’s correct price is higher than the price stated on our Site, we reserve the right to cancel your order prior to sending you shipping confirmation (as defined above) or to supply it at the previously indicated price.
Product prices are in US Dollars and are stated exclusive of delivery charges which will be indicated separately on our Site and before order completion.
5 - ORDERS – PROHIBITION ON RESELLING
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer.
You may not purchase any item from the Site for resale by you or any other person. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.
6 - INACCURACY DISCLAIMER
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, and availability. Mugler reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
While we make reasonable efforts to ensure the information provided on the Site is accurate (including colors of the products), we make no warranties about the accuracy or reliability of the information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. See the “Disclaimer” Section below for more details.
7 - DELIVERY
Products advertised for sale on the Site may be ordered only if the invoice and delivery addresses are within the United States of America.
The Seller will make every effort to deliver the product within the term indicated on the Site and in any event within thirty (30) days as confirmed of the order. Nonetheless, the times indicated on the website are indicative only. The Seller shall not be liable in any way if delivery takes place at a later date.
The Buyer shall not be entitled to compensation or contract cancellation due to a delay in delivery, unless the delay was caused by the Seller or its supplier, and can be attributed to willful misconduct or gross negligence. If the delay in delivery exceeds thirty (30) days, the Buyer shall be entitled to withdraw from the contract and shall be refunded of the payments already effected.
To the fullest extent permitted by the applicable law, if the Seller is unable to deliver the ordered product through no fault of its own, because our supplier does not fulfil its contractual obligations, we shall be entitled to withdraw from the contract vis-à-vis the Buyer, if already entered into. In this case the Buyer will be advised immediately of the unavailability of the product. We will then return the sums paid by you within thirty (30) days beginning with the day after the end of the delivery period if we cannot supply the product purchased by you because it is not available.
The Seller ships all orders via a parcel service (UPS). All items are insured by the Seller until they have been delivered at your address. In case of incomplete or damaged deliveries, please refer to section 3.2 hereto.
Insofar as it is impossible to effect delivery to the Buyer, because the delivered merchandise does not fit through the Buyer’s entrance door, front door, or the staircase, or because the Buyer cannot be found at the address he indicated, although the Buyer was apprised of the delivery date with a reasonable period of time, the Buyer shall bear the costs for the unsuccessful delivery.
8 - DUE DATE AND PAYMENT, DEFAULT
Payment can be made by credit cards (Visa, Mastercard or American Express). By using and verifying a credit card, you confirm that the card being used is yours. The amount payable will be debited from your account when your order is accepted by us. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment to us, we shall postpone delivery and contact you. In that case we shall not be liable for any delay or non-delivery. Credit card details will be processed by means of an SSL (Secured Socket Layer) connection. We shall not be liable for any misuse of information by third parties.
Any Payment will only be deemed effected when our bank account will have been irrevocably credited of the amount due.
If the you are in default or if your account cannot be debited upon acceptance of your order, the Seller shall be entitled automatically and without prior notice to charge daily late payment interests at the rate of (i) 5 % p.a. above the applicable statutory interest rate for professionals, and (ii) the applicable statutory interest rate for consumers, as of those events. The Seller explicitly reserves the right to prove additional damages and collection costs and to claim compensation therefor.
9 - RISK AND TITLE
The products will be delivered to the place of delivery specified in the Seller’s shipping confirmation. Risk of loss, damage and theft of the products transfers to the Buyer upon delivery.
Products shall remain the property of the Seller until complete and final payment of the purchase price including any transportation charges, taxes and late payment interests. The Buyer will ensure that the goods subject to retention of title remain at all times recognizable as the property of the Seller. In case the Buyer resells or pledges goods that are subject to retention of title, it will notify the third party that the goods are subject to retention of title from the Seller.
10 - DISCLAIMER
MUGLER IS PROVIDING THE SITE AND ITS CONTENT ON AN ‘AS-IS’ BASIS AND MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MUGLER DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, MUGLER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. MUGLER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE.
11 - LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT OF MONEY THAT YOU PAID US FOR THE COST OF THE PRODUCT AT ISSUE.
WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION IS ENFORCEABLE IN NEW JERSEY.
12 - USER CONTENT
By posting User Content to the Site, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that is prohibited by these Terms and Conditions or that is in violation of applicable law. By way of example, and not as a limitation, you agree not to upload, post, email, or otherwise transmit any User Content that is inaccurate, unlawful, threatening, harmful, embarrassing, tortious, defamatory, vulgar, obscene, offensive, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts.
13 - NO ENDORSEMENT
We do not control User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. We do not support or endorse any User Content posted or otherwise accessible through the Site.
14 - OUR RIGHT TO USER CONTENT
15 - INTELLECTUAL PROPERTY
Everything on or used in connection with the Site, including but not limited to our name, product names and logos, product images and descriptions, Site design, the look and feel of the Site, text, graphics, images, audio clips, video clips, trademarks, content, the selection and arrangement thereof, and all software belongs to or is licensed by Mugler and/or its affiliates, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of the Site for purposes of placing an order with Mugler or for non-commercial uses. Any other use of the materials on the Site – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Mugler, in each instance, is strictly prohibited. Use of any materials on the Site in connection with any product or service that is not offered by Mugler in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mugler, is also prohibited.
16 - CLAIMS REGARDING COPYRIGHT INFRINGEMENT
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent (listed below) with the following information in writing:
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
17 - IMPROPER USE OF THE SITE; TRANSMITTING MATERIALS
You agree that you will not harvest, collect or store information about users of the Site or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
18 - THIRD PARTY WEBSITES AND LINKS
You may be able to link to third party websites from the Site, and third party websites may contain links to the Site (“Linked Sites”). We are not responsible for the content, products, services or other materials posted on any Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the use of Linked Sites or the information or material accessed, or products or services purchased, through these Linked Sites.
19 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Mugler welcomes your comments and feedback regarding the Site, and Mugler products. Any information, materials, suggestions, ideas or comments sent to Mugler will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Mugler an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Mugler will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
20 - GOVERNING LAW
These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of New York, without regard to principles of conflicts of laws.
21 - ARBITRATION/NO CLASS ACTIONS
You agree that exclusive jurisdiction for any dispute, claim or demand related in any way to the Site will be decided by binding arbitration. ARBITRATION MEANS THAT YOU WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, may be more limited than were you to sue in court. All disputes between you and Mugler of any kind and nature arising out of your use of the Site, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the State of New York, before one arbitrator to be mutually agreed upon by both parties and selected pursuant to JAMS rules. It is further agreed that any disputes as to whether the scope of the arbitration provisions covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties agree to share equally in the arbitration costs incurred.
ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that you are waiving any right you have to sue on behalf of a class or in a representative capacity for other persons. This means:
- Neither you nor Mugler can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding.
- The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Mugler customers, and cannot be used to decide other disputes with other customers.
22 - SEVERABILITY
If any provision of these Terms and Conditions shall be deemed unlawful, void, or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected and will remain in full force.
23 - WAIVER
The failure of Mugler to insist upon strict adherence to any provision of these Terms and Conditions shall not constitute a waiver of such provision. Further, it shall not impact Mugler’s ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim arising from or relating to use of the Site or these Terms and conditions must be asserted within one (1) year after such claim arose, or will be forever barred.
EFFECTIVE DATE: December 22, 2017
LAST UPDATED: January 19, 2017