TERMS AND CONDITIONS FOR WEBSITE AND THE ONLINE SALE OF GOODS THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THIS WEBSITE AND/OR PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PERRIS GROUP S.P.A, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS (OR RELATED SERVICES) BY APPLICABLE LAW.
This Web site https://us.houbigant-parfum.com/ (“Site”) is operated by Perris Group SAM, a Monegasque joint stock company (“Perris Group”).
Please carefully read this document (“Terms and Conditions” or “Terms”) before using the Site.
These Terms and Conditions apply to the purchase and sale of products through https://us.houbigant-parfum.com/. These Terms are subject to change by Perris Group (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. By registering for a Site user account and/or placing an order through this Site, you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.
- USE OF CONTENT AND INTELLECTUAL PROPERTY ON THE SITE
All content (“Content”) on this Site (including, without limitation, Web pages, data, information, messages, text, images, photographs, graphics, artwork, audio and video, and documents such as press releases, product data sheets, and product and marketing information), is the exclusive property of and owned by Perris Group and other affiliated companies and its and their respective parents and its and their respective subsidiaries worldwide (collectively, “Perris Group”), its licensors or its Content providers (collectively, “Content Owners”) and is protected by copyright, trademark and other applicable laws. You may only access, copy, download and print the Content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content you access, copy, download or print. Any other use of Content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, downloading, scraping, use for training an AI/GAI system, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content, or use of the Site for purposes competitive to Perris Group, is expressly prohibited. The Content Owners retain full and complete title to their respective Content provided on or through the Site, including all associated intellectual property rights. We provide this Content to you under a non-exclusive limited license that is revocable at any time in our sole discretion, subject to the limitations and exclusions set forth above. The Content Owners neither warrant nor represent that your use of Content provided on or through the Site will not infringe rights of third parties not affiliated with us and reserve all rights and licenses not expressly granted in these Terms and Conditions.
- FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS
Certain of the Content, features and functionality on the Site may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such Content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms and Conditions will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms and conditions offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US OR ANY OTHER MEMBER(S) OF PERRIS GROUP.
- ONLINE REGISTRATION
Online Registration is necessary to purchase any Products on the Site. It shall be your sole responsibility to provide true, accurate, current and complete information about yourself; to update the information you provide to ensure it remains true, accurate, current and complete; and maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you may have created on the Site (the "Account"), and for restricting access to your computer(s) and devices. You also agree to accept sole responsibility for any and all activity that occurs under your Account.
If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to your Account, you must notify us immediately. We may assume that any orders or communications we receive under your Account have been made by you unless we receive timely notice otherwise. Your registration for an Account will be effective only when you receive a confirmation e-mail and open the link included therein. Upon successfully completing registration, you will gain access to a “Personal Area”, where you can see your purchases, check your wish list and modify your credentials. Access to the “Personal Area” shall not be shared with any third parties.
- YOUR CONTENT
You agree that you will only upload, transmit, or otherwise make available ("Share") on or through the Site, Content that you have the right and authority to Share and for which you have the right and authority to grant to us all of the licenses and rights set forth herein. By Sharing Content, you grant us an unrestricted, worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use and reproduce the Content to fulfill your order and for our promotional purposes in any form, medium, or technology now known or later developed. You warrant that: (a) you have the right and authority to grant this license; and (b) our exercise of the license and/or rights granted pursuant to this license will not infringe or otherwise violate any third party rights.
You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer, systems, network or data. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
We do not want to receive confidential or sensitive information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential or sensitive information and shall be received and treated by us on a non-confidential and unrestricted basis and we shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in these Terms and Conditions.
Upon successful Online Registration, you may purchase Products on the Site pursuant to these Terms and Conditions.
To complete a purchase of Products on the Site, you are required to submit the electronic order form available on https://us.houbigant-parfum.com/ and send it to Perris Group, by electronic means, following the instructions provided in the Ecommerce.
Before sending the order form, you should carefully review and correct any inaccurate data. In case modifications are needed, you can modify data by clicking on “edit data”. For Customer protection, Perris Group will also e-mail a receipt of the purchase order with a summary of the information provided in the order form, as well as a copy of these Terms and Conditions. Unless you notify Perris Group to the contrary, you warrant that you are in receipt of the order confirmation and obtained a copy of the Terms and Conditions.
The Customer must also verify the final price, before sending the related order form, it being understood that the price charged for the Product will be the one displayed on the website at the time of the order by the Customer.
The agreement for the purchase of the selected Product(s) shall be deemed concluded when Perris Group receives the payment by the Customer, upon electronically transmission of the order form duly filled in.
By sending the order form and paying the due sum the Customer confirms to have understood and approved the Terms and Conditions, as well as any further information provided in the Ecommerce.
Upon conclusion of purchase under the Terms and Conditions, Perris Group will take charge of the purchase order.
Occasionally, inconveniences related to some Product availability may occur. In those circumstances, Perris Group will inform the Customer by e-mail and will offer him the possibility to choose between the purchase of an article of the same nature, or cancelling the order. If the Customer chooses to cancel the order, they will be reimbursed.
- ORDER ACCEPTANCE
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Perris Group and you will not take place unless and until you have received your order confirmation email.
- MERCHANDISE DISPLAY AND AVAILABILITY
Availability of merchandise on the Site may vary depending on stock. Some featured items may be available only in limited quantities or only while supplies last. Display of an item on the Site is not a guarantee that the item is currently available or in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our Site or if you have any questions concerning the availability of a particular item, please contact our Customer Services group via our Contact Us Page at https://us.houbigant-parfum.com/pages/contact-us. Please note that products marked as “not available” cannot be purchased at the time they are listed as unavailable. Some items may not be marked “not available” but may be, nonetheless, out of stock. If a Product is listed as “available on request”, the Product is currently not available but may be ordered for future delivery. Perris Group will make every reasonable effort to display its merchandise (and availability thereof) on the Site as accurately as possible. We will also use commercially reasonable efforts to fulfill your requests whenever possible.
Please note that various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. We are not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof.
- ORDERS, PAYMENT TERMS, AND PRICE
The Content on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card or financial account has been charged or debited.
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. All prices posted on this Site are subject to change without notice. We accept VISA, MasterCard, Amex, Discover Card, Shop Pay, Google Pay and PayPal for all purchases. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Means of payment will not affect the posted price. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors, regardless of whether the order has been confirmed or your credit card charged or bank account debited.
Credit card data is transmitted directly to the bank through a secure server, with SSL encryption, to ensure maximum security.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card, Paypal, Google Pay or Shop Pay information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or PayPal account for the purchase, (iii) charges incurred by you will be honored by your credit card company and/or PayPal, Google Pay, Shop Pay and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If your account has been debited and/or your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your applicable account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made or that we may have on file.
- TERMS OF DELIVERY
All items purchased from the Site are made pursuant to a shipment contract. We will arrange for shipment of the products to you, once payment is received. Perris Group will try to process and ship the order within five (5) business days, but shall not be held liable for any delay beyond that timeframe. Please check the individual product page for specific delivery options. Perris Group will endeavor to avail itself of different couriers to ship the product to the destination indicated during the registration process or at the time of order.
The risk of loss and title for such items pass to you upon our delivery to the carrier. Our delivery and performance dates are estimates only. Perris Group will use commercially reasonable efforts to deliver in accordance with the delivery or performance dates, but may change those dates as it deems necessary. Perris Group will not be liable for failure to deliver or perform by the estimated dates. Failure to deliver or perform by the estimated dates does not give you the right to cancel an order or any part thereof nor to claim any damages. Perris Group reserves the right to make partial deliveries.
At time of delivery, you must verify that the packaging and/or Product are intact, not damaged, not wet or otherwise altered. You must notify immediately any damage to the packaging or Product, by placing a check reservation note on the courier delivery receipt, as well as informing Perris group by letter or other similar means with proof of delivery.
If the Product cannot be delivered within the estimated timeframe, Perris Group will endeavor to provide an alternative time and method of delivery. If the delay is over ninety (90) days, you may terminate the purchase agreement.
- RIGHT TO TERMINATE THE PURCHASE AGREEMENT AND RETURN PRODUCTS
We will accept returns of Products that do not meet your expectations. Please send an email to the address below and simply return Products unopened, intact, unused and with no wear in their original condition with the receipt or original invoice to the address below within 7 days from the delivery, to obtain a Product exchange in kind, credit, or a full refund of the purchase price (minus shipping and handling charges). In the event you initiate a return, but fail to comply with the conditions required by the present section, you shall not have the right to any reimbursement. Shipping costs are not refundable.
If You received a damaged or defective item, we will promptly send you a replacement or issue you a full refund after you have returned the damaged or defective Product. You will not be charged any additional shipping or handling fees for replacement of such damaged or defective shipments. Please return your merchandise in its original condition within 30 days of delivery, with a copy of the sales invoice to the following address:
Exclusive Fragrances & Cosmetics Returns
C/O Sheralven Enterprises LTD.
2 Rodeo Drive
Edgewood, NY 11717
Should you need any assistance with your purchase, our customer service staff will be pleased to assist you, please contact us by email at: firstname.lastname@example.org or by phone 203-838-6200 (USA). We can be reached Monday-Friday from 10am to 5pm.
- DISCLAIMER OF WARRANTIES
THE SITE (AND ITS CONTENTs) AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF PERRIS GROUP. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE (AND ITS CONTENTS) AND OUR PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF PERRIS GROUP. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR PURCHASE OF ANY PRODUCTS VIA THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE (AND ITS CONTENTS), OUR OR OUR THIRD PARTIES’ SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM US OR ON OUR BEHALF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE (AND ITS CONTENTS) OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR FROM ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF INCOME, REVENUE, GOODWILL, REPUTATION OR SAVINGS, LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, CONTENT OR SOFTWARE RESTORATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE, OR ARISING UNDER THESE TERMS AND CONDITIONS, UNLESS OTHERWISE SPECIFIED IN WRITING BY AN AUTHORIZED OFFICER OF PERRIS GROUP.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- LIMITATION OF LIABILITY
OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?
ALL DISPUTES BETWEEN YOU AND PERRIS GROUP ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND PERRIS GROUP ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION. For the purposes of this section, references to “dispute” or “claim” shall include any dispute, claim or controversy of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) arising out of or relating in any way to the sale, condition or performance of the product or this Limited Warranty contained in these Terms. For more information regarding dispute resolution, please see section 18.
- EXPORT RESTRICTIONS/LEGAL COMPLIANCE
You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply at your sole expense with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of Perris Group in violation of any such restrictions, laws or regulations. Neither the services or products of Perris Group nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms and Conditions, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
- INTELLECTUAL PROPERTY REGARDING PRODUCTS
You acknowledge and agree that Perris Group is and will remain the sole and exclusive owner of all intellectual property rights in and to each Product made available on this Site, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of intellectual property rights in Products made available through this Site, or of any intellectual property rights relating to those Products.
- PRIVACY STATEMENT
We respect your privacy. Please read our Privacy Statement located https://us.houbigant-parfum.com/pages/privacy-policy.
- WAIVER AND SEVERABILITY
The failure of Perris Group to exercise or enforce any rights or provisions in these Terms and Conditions shall not constitute a waiver of such right or provision. If any part or provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, that part or provision will be enforced to the maximum extent permitted by law, and the remainder of these Terms will remain fully in force.
- DISPUTE RESOLUTION – ARBITRATION, NO CLASS ACTIONS
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
You and Perris Group agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all users of the Site and consumers to the fullest extent allowable by law. By accepting these terms, you and Perris Group expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable. This Section covers any and all disputes between us (“Disputes”), including without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms and Conditions.
The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of your or Perris Group’s (or any of Perris Group’s licensors’) intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property; and
- in addition, nothing in this Section shall prevent either party from initiating a small claims court action.
References in this Section 22 to " Perris Group," "you," and "us" include respective subsidiaries, affiliates, corporate parents, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Site and Products under this or prior agreements between us. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate provision shall survive termination of these Terms and Conditions.
- Informal Negotiations/Notice of Dispute. You and Perris Group agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). Perris Group will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to:
3, Avenue des Citronniers – MC 98000, Principauté de Monaco.
- Binding Arbitration. If you and Perris Group are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or Perris Group may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND PERRIS GROUP ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the American Arbitration Association ("AAA”) under its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send PERRIS GROUP a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then Perris Group will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Perris Group may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions. You and PERRIS GROUP agree that any arbitration shall be limited to the Dispute between PERRIS GROUP and you individually, regardless whether the relief sought is monetary or injunctive relief, and any relief awarded in arbitration shall be applicable only to you in your individual capacity. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute shall be arbitrated on a class basis or utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or on behalf of any person other than yourself. YOU AND PERRIS GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and an authorized representative of PERRIS GROUP agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
- Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the Southern District of New York, United States of America, and you and PERRIS GROUP agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
- Changes to This Provision. PERRIS GROUP will not enforce material changes to this agreement to arbitrate against account holders absent express agreement to the changed terms.
- APPLICABLE LAW/VENUE
The laws of the State of New York, U.S.A. without giving effect to: (i) New York’s conflict of laws provisions; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980, will govern these Terms and Conditionsand any dispute of any sort that might arise between you and Perris Group (as such term is defined in Section 22, above); and to the extent applicable pursuant to Section 22, above, you expressly agree that the exclusive jurisdiction for any dispute shall be in the Southern District of New York, U.S.A., and you further agree and expressly consent (to the extent applicable pursuant to Section 22, above), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 22 above including any claim involving Perris Group, subsidiaries, corporate parents, contractors, vendors and content providers. You also agree to comply, at your expense, with all applicable local, state, federal and international laws and regulations, including, but not limited to, U.S.A. export restrictions that relate to your use or activities on this Site. To the fullest extent permitted by law, the controlling language, at all times, for these Terms and Conditions is English, U.S.A.
- FORCE MAJEURE
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or other potential disasters, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; and (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 14 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following written notice given by it under this Section 18, the other party may thereafter terminate this Agreement upon 90 days' written notice.
- Notification of Copyright Infringement
DMCA. We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).
Take-Down Notice. If you believe that your work has been infringed in connection with the Site, please provide written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below) that contains all of the following elements:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) A description of the copyrighted work(s) infringed;
(c) A description of where the content that you claim is infringing is located on the Site;
(d) Information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Before you file the notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.
Counter-Notice. If you believe we disabled or removed access to your content as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below), which must contain all of the following elements:
(a) A physical or electronic signature of the subscriber;
(b) Identification of the content that was removed from the Site and the location of the Site on which the content appeared before it was removed;
(c) A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled;
(d) Information sufficient to permit us to contact you, such as your physical address, telephone number, and email address; and
(e) A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of New York County, New York if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of the person.
Before you file a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court determines your counter-notification misrepresented that the content was removed by mistake. If you are unsure whether use of the content at issue constitutes infringement, please contact an attorney.
Copyright Agent. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Perani Pozzi Associati
Piazza Armando Diaz, 7 - 20123
Milano (MI), Italy
By telephone: +39 02 4070 1644
The Copyright Agent will not remove content from the Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit the notifications by fax or ordinary mail only and as further described by this section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that the infringement is occurring on the Site. All other inquiries directed to the Copyright Agent will not be responded to.
- How to Contact Us
If you have any questions or comments about these Terms and Conditions or you need to notify us, please write to:
email@example.com or by phone 203-838-6200 (USA).
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to 2038531201; or (ii) by personal delivery, overnight courier or registered or certified mail to 3, Avenue des Citronniers – MC 98000, Principauté de Monaco. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Entire Agreement
This is the entire agreement between you and Perris Group and these Terms and Conditions supersede any prior agreement between the parties related to the subject matter of these Terms and Conditions. No amendment or modification of these Terms and Conditions will be effective if made by you, unless in writing and duly signed by a duly authorized representative of Perris Group. You hereby warrant and represent that you will use the Content for your own benefit and personally accept, agree to and intend to be bound by these terms. Headings are purely for reference and shall not affect the meaning of any term or condition. All remedies set forth in these Terms and Conditions are cumulative and in addition to and not in lieu of any other remedy of Perris Group at law or in equity. Any provision which must survive to allow us to enforce its meaning shall survive termination. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated, duly executed and maintained in printed form.
You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or Content available at or through the Site.