Terms & Conditions Website E-Boutique

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1 Terms & Conditions Website E-Boutique 1. General: The following terms and conditions and any other related rules made available in writing by Bernardaud (collectively the Conditions of sale ) are applicable to all Bernardaud products that you (the customer ) may order from Bernardaud NA, a corporation organized and existing under the laws of New York and having its corporate headquarters at 499 Park Avenue, New York, NY, 10022, U.S.A. ( Bernardaud or referred to herein as us, our or we ) on the internet via Bernardaud website, identified by the domain name ( By placing an order through the Website ( or by registering on the Website to purchase Bernardaud products, you guarantee that you are a legitimate customer in accordance with the terms and conditions set forth below and that you accept to be bound by the Conditions of Sale. These Conditions of Sale apply only to sales made through the Website. The Conditions of Sale applicable to any order placed through the Website are those in force on the date you place your order. Sales conducted through Bernardaud retail boutiques are not subject to these specific Conditions of Sale. Bernardaud may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. Please read the Conditions of Sale and check the website on a regular basis to be informed of any changes. If you do not agree to any change to the Conditions of Sale, then you must immediately contact the Customer Service Department ( ) to cancel your registration and discontinue ordering any Bernardaud product though the Website. For those persons wishing to use the Website, they must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our Website Terms of Use and/our Bernardaud NA E-Boutique, which are incorporated in these Conditions of Sale by reference. 2. Purchasing: Registration and orders are limited to individuals who are citizens or residents of the United States of America, the 50 states located therein, the District of Columbia and Puerto Rico.

2 To register or place an order through the website you must have reached the age of majority (which in most states is 18 years old) and have legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Conditions of Sale and register or place an order on your behalf. Any orders placed in contravention to this provision shall be null and void. Bernardaud products are exclusively available for sale to end-user customers only and may not be bought for re-sale, commercial purposes or any other commercial benefit. Consequently Bernardaud further reserves the right to refuse orders placed by customers who breach this condition or if Bernardaud reasonably suspects, in its sole discretion, a customer has breached, intends to breach, or evidences that it will breach this condition. Moreover, in the event that Bernardaud reasonably suspects that third party has breached a customer s registration, password and/or account login, Bernardaud shall immediately cancel and terminate the account. 3. Product availability: All orders placed though the website are subject to availability and acceptance by Bernardaud. Bernardaud reserves the right to delay the processing of an order at any time, informing you though . This you will receive will specify the delay, and you will be asked to confirm your order. If you do not respond within 2 days, we will cancel the order. You may browse the product pages of the Website to discover what products are currently available for sale. Please note that only those creations displaying a details and purchase button are available for sale though the website. For those items that do not prompt details and purchase you are invited to contact our Sales Department (Toll free: ). 4. Registration and personal information: In order to place an order through the website, you will be required to register and create an online account. During this process, you will be required to provide valid and current personal information, such as your legal name, date of birth, phone number and address. When placing an order through the website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Bernardaud or its third party providers at this time for security and anti-fraud purposes. You represent and warrant that the personal information you provide via the website is true, valid complete and up to date in all respects, and you confirm that you are

3 the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide to the website change, please notify us at the following address: 5. Orders: If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, click on the Add to Cart button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping cart (subject to availability and quantity limits) or proceed to checkout by clicking on My Cart. You may also remove one or several products you have selected by clicking on "Delete" next to the chosen product in the Shopping Cart. When you have completely reviewed your order, click on the "Confirm and place order" button on the Website to place your order. 6. Prices, Taxes and Shipping Costs: All prices shown on the product pages of the website are in U.S. Dollars. All prices and offers remain valid as advertised from time to time. Bernardaud reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website at the time your order is accepted by Bernardaud, will be honored by Bernardaud. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item plus additional costs if required, as mentioned below. In accordance to state tax laws, the total selling price of an item may include shipping and handling charges in addition to the item cost. Actual shipping costs and applicable taxes will be reflected in the Confirmation of Order and invoice. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options. The actual sales tax will be calculated when we dispatch the order. Please note that, in exceptional cases, the actual sales tax charged to your order may vary depending on changes in applicable laws between the date you placed your order and the date we send you the Confirmation of Order. Please allow to ship our products in a minimum of 2 weeks. 7. Payment by credit card: Bernardaud accepts the following credit cards: Visa, MasterCard, Discover and American Express. Cards issued by banks domiciled outside the United States of America must be international credit cards.

4 When ordering on the website, you will need to enter your payment details on the appropriate form. You hereby represent and confirm that you are the legitimate holder of the credit card that you will use for payment and that your payment details are correct. Upon authorization by the card issuer, the amount of your purchase will be debited on your credit card before the dispatch to the shipping address you have provided to Bernardaud. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If your validation is rejected for any reason Bernardaud will not be liable for any delay or non-delivery. To help ensure that your shopping experience is safe, simple and secure, all credit card transactions performed on the Website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Furthermore, Bernardaud will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we shall not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing the Website or ordering from our Customer Service ( ). In order to secure your transactions and prevent fraud, by making an offer to purchase Bernardaud products on the Website or through the Customer Service, you expressly authorize Bernardaud to perform credit checks and, where Bernardaud deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your creditcard number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions. 8. Order: Once you have made your choice and your order has been placed through the Website, you will receive an acknowledging the details of your order. This acknowledgement of order is not an acceptance of your order. 9. Shipping policy: Below are the shipping costs that will be added to your order based on order size and location. East: ME, VT, NH, MA, CT, NY, PA, NJ, DE, MD, VA, NC, TN, KY, IN, IL, MI, OH, WI, RI, WV, DC. Central : SC, GA, FL, AL, MS, LA, AR, MO, IA, MN, ND, SD, NE, KS, CK, TX, NM, CO, WY, MT. West: AZ, UT, ID, WA, CR, NV, CA, PR.

5 Standard EAST Less than $99 $ 7.95 $100 to $249 $ 9.95 $250 to $499 $ $500 to $999 $ $1000 and up $ CENTRAL Less than $99 $ 8.95 $100 to $249 $ $250 to $499 $ $500 to $999 $ $1000 and up $ WEST Less than $99 $ $100 to $249 $ $250 to $499 $ $500 to $999 $ $1000 and up $ Return Policy All claims must be made within 5 days after receipt of goods. Notify shipping company of loss or damage. Any items ordered but not shipped will automatically be sent to you when they become available. No returns will be accepted unless authorized by our Customer Service Department in writing. A 25% handling charge will be assessed on unauthorized returns. All returns must be prepaid. Goods delivered to common carriers are at the risk of the purchaser. A 1.5% finance charge will be computed monthly on the unpaid balance on accounts over 30 days.

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