General Terms of Sale for Ladurée U.S. Online Boutique
I. Applicability of General Sales Conditions
These General Sales Terms and Conditions apply to any and all purchases and sales that are in any way described, mentioned, promoted, or listed in the catalogue for Ladurée Soho LLC for the United States. Ladurée Soho LLC objects to any different or additional terms. This is the final and complete expression of all terms and conditions of sale. Any representations, promises, warranties, or statements that are not contained herein are void. By placing an order, the Customer accepts these General Sales Terms and Conditions. Ladurée Soho LLC reserves the right to modify the General Sales Terms and Conditions at any time. All new transactions with Ladurée Soho LLC entered into after the effective date of any such modification shall be governed by the modified Terms and Conditions.
These terms and conditions cannot be modified, waived or amended except by a writing signed by both you and Ladurée Soho LLC. No additional condition sought to be introduced by any purchaser shall be deemed applicable unless expressly accepted in writing by an authorized officer of Ladurée Soho LLC. The failure of Ladurée Soho LLC to exercise one or more of its rights hereunder shall not be deemed a waiver of those or any other rights.
II. Requests and Information
Orders may be made:
-Madison Avenue Boutique: +1 (646) 392-3157
-Soho Boutique: +1 (646) 392-7862
-Client Services: +1 (646) 213-2806
-By internet: www.laduree.us
Specific and clear information as to your name (as it appears on any credit card you may provide), billing address, shipping address (PO boxes not accepted) and mode of payment is critical. We cannot be responsible for errors in information that is provided to us. Costs resulting from such errors will be charged to the purchaser.
Once an order has been placed, cancellations or changes will not be accepted. However, in exceptional situations, Ladurée Soho LLC will try to honor requests for changes. A fee will be charged in the event Ladurée Soho LLC is able to effect a requested change. In no event can a change be made once a shipment has been accepted by the shipping service.
Each order is subject to approval by Ladurée Soho LLC. Ladurée Soho LLC reserves all rights to reject any order due to insufficient stock, incomplete customer information, or for any other lawful reason. Ladurée Soho LLC undertakes to inform the purchase within two (2) business days following receipt of an order if there will be a problem filling it.
Unless otherwise noted, all Ladurée Soho LLC pricing and other charges are stated in U.S. Dollars before taxes. Prices are subject to change. All sales tax, excise taxes, or other forms of taxes levied against any transaction covered by these terms and conditions shall be paid by you over and above all other sums you are or may become obligated to pay hereunder. Shipping charges, which are payable by the purchaser, are extra, and vary by destination. Details are available upon request from Ladurée Soho LLC.
IV. Payment at Time of Order
V. Availability of Products
The catalogue lists all of the products that are generally available from Ladurée Soho LLC. From time to time, products may be out of stock or otherwise unavailable. Please contact us with any product inquiries. Certain special gift items are unique and handcrafted and, therefore, available only in small quantities. To confirm availability, please call Ladurée Soho LLC before ordering. For gift baskets and hat boxes, Ladurée Soho LLC reserves the right in the event of the unavailability of an item(s) to substitute an item(s) of equal or greater value. The presentation of gift items may be modified to ensure proper delivery and handling.
VI. Delivery of Products
I. Product Shipping
The accuracy of the shipping information provided by the purchaser is crucial in making sure that orders can be delivered properly. This allows Ladurée Soho LLC customers to enjoy Ladurée Soho LLC products for the full extent of their shelf life.
Ladurée Soho LLC cannot be held responsible for incomplete or erroneous delivery instructions.
After acceptance of an order, Ladurée Soho LLC will prepare and forward it to the shipping service. All products will be delivered F.O.B. point of shipment. Title to products and risk of loss will pass to the Buyer upon delivery to carrier at the time and place of shipment. Although Ladurée Soho LLC can assure delivery to most specified locations, it is up to the purchaser to verify receipt with the shipping service. Failure to identify properly to the shipping service problems with any delivery may result in the purchaser’s inability to make a successful claim. Some shipping services require a signature upon delivery. Once the product is delivered according to shipping instructions, Ladurée Soho LLC nor the shipping service can be held responsible for loss or for damage caused by environmental conditions.
II. Shipping Charges
Every effort will be made to effect delivery at the desired time, but delivery dates are not guaranteed. In addition, deliveries are made on business days. No deliveries are made on Saturdays, Sundays, Mondays or holidays.
III. Delivery to All of Our Locations is as Follows
i. Priority Overnight Delivery: Next day delivery for orders placed before 3:00 p.m. EST; arrival to most destinations by noon
ii. Standard Overnight Delivery: Next day delivery for orders placed before 3:00PM EST; arrival to most destinations by 7:00 p.m.
iii. Any order received after 3:00 p.m. EST will be processed and shipped on the next available business day Ladurée Soho LLC will not be responsible for delays caused by events beyond its control, including strikes, natural disasters or terrorism. Shipping times may be extended or take longer during busy holiday seasons (for example, Thanksgiving, Christmas, Valentine’s Day, Easter, and Mother’s Day).
VII. Transfer of Risk
The purchaser assumes risk of product loss or deterioration once the product is tendered to the delivery service.
VIII. Questions and Complaints
Ladurée Soho LLC prides itself on the high level of its products and service. If you have a criticism or complaint, please contact us at once. We strive to make you happy, but need your help in order to do so. Damage claims should be clearly described in writing, along with a photograph, and should be dated and signed. All claims must be received by Ladurée Soho LLC within forty-eight hours (48) hours of product delivery. Claims received thereafter may not be honored. No claim for defective product can be processed without the return of the defective, non-perishable product. When warranted, Ladurée Soho LLC will issue a call tag and pay for return shipping. Claims should be sent to Ladurée Soho LLC, by email or by postal service, offering proof of delivery of the parcel to Ladurée Soho LLC. The address for claims is as follows:
Ladurée Soho LLC
Attn: Customer Service Department
396 West Broadway
New York, New York 10012
No claim will be reviewed unless accompanied by a written explanation and a photograph that demonstrates the problem. After an analysis, Ladurée Soho LLC will, in its own discretion, determine the appropriate remedy, if any, which may include a refund of payment or a re- shipment of product.
LADURÉE SOHO LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LIABILITY, LOSS, OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY PRODUCT, OR FOR CLAIMS AGAINST THE PURCHASER BY ANY THIRD PARTY WITH RESPECT TO THE PRODUCTS SOLD.
Ladurée Soho LLC does not accept returns, refunds or exchanges on any perishable items. Returns will be accepted ONLY for non-perishable items by Ladurée Soho LLC upon its prior written agreement and in no case more than forty-eight (48) hours after delivery to the shipper.
If Ladurée Soho LLC accepts a return in the case of an obvious flaw or the nonconformity of the non-perishable products delivered with an order, Ladurée Soho will allow the free replacement of the product or the return of the amount paid by the purchaser upon the provision of a valid, itemized receipt for the purchase. The returned item must also be undamaged and in its original packaging. In making a purchase, the purchaser, on behalf of themselves and any recipient of the purchase, waives any additional claims they may have, including for interest and other payments.
Ladurée Soho LLC will not accept return of perishable items under any circumstances.
X. Right of Access and Correction
Because of our concern with the protection of your private life and information personal to you, Ladurée Soho LLC treats with the strictest confidentiality all personal information it receives about its customers. We will request from a purchaser only the information (including name, street and email address) necessary to fill and follow-up on an order.
II. Customer Communications
You also are encouraged to tell us how we can keep you up-to-date with our product line, especially seasonal specials. We would be happy to communicate with you, and to have you communicate with us, by mail, email or telephone.
Postal Address: 396 West Broadway, New York, New York 10012
Email Address: firstname.lastname@example.org
Telephone: +1 (646) 213-2806
A. Ladurée Soho LLC guarantees the quality and freshness of its products as of the time they leave our boutique in New York, so long as they are handled and stored as recommended by the materials that accompany each shipment. No guarantees are applicable in the event of delay in shipment for any reason.
B. EXCEPT AS SET FORTH IN THIS SECTION, LADURÉE SOHO LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO ITS PRODUCTS, INCLUDING ANY WARRANTIES AS TO THE FITNESS OF ITS PRODUCTS FOR A PARTICULAR PURPOSE. ANY SUCH ADDITIONAL WARRANTIES ARE HEREBY DISCLAIMED.
XII. Governing Law
All of our transactions shall be governed by the laws of the State of New York without regard to it choice of law provisions. In the event of any claim, dispute, cause of action, or lawsuit regarding our products and services, you agree that exclusive venue and jurisdiction for any such claim, dispute, cause of action or lawsuit shall be with the federal courts located in New York City, New York.
XIII. No Resale
Consumers agree that products purchased from Ladurée Soho LLC are for personal use (including gift-giving) and shall not be resold. Thank you for shopping with us. Note: The photos on our online boutique may not be accurate depictions of the products featured therein.