Application and acceptance of the General Terms and Conditions of Sale
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.
The following Terms and Conditions of Sale (the “Terms of Sale”) (together with any documents referred to herein) shall apply to any online purchase you make of any of Ladurée’s products (the “Products”) completed through the Ladurée website at https://www.laduree.us/ website. This website, including any of its related web pages, content, functionality and services offered thereon (the “Website”) is operated by Ladurée USA Inc. (“Company”, “us”, “our” or “we”), registered under number 4576109 in the State of Delaware, having its registered office at 615 South Dupont Highway, City of Dover 19901, County of Kent.
By purchasing any of the Products on the Website, you accept these Terms of Sale and the terms of any documents expressly referenced herein and agree to abide by them.
“Product” shall mean products of any nature offered for sale on the Website.
“Customer” or “you”, “your” shall mean a non-retailer natural person placing the Order and who enjoys full legal capacity.
“Order” shall mean the commitment to purchase all Products selected by the Customer via the e-commerce service of the Website and for which Customer has provided and confirmed its payment details.
“Website” shall have the meaning set forth in the introductory paragraph of these Terms of Sale.
II. General Provisions
Sale of Products
Resale of Products
III. Contract Formation and Orders
(b) Confirm the contents of the cart on the Website;
(c) Accept the Terms of Sale
(d) Provide the necessary Personal Information either directly or by logging into the Account as hereinafter defined;
(e) Choose and confirm the delivery method and its terms and conditions;
(f) Review and confirm information provided for the Order;
(g) Provide payment details; and
(h) Receive notification and confirmation of payment.
Customer’s Right to Cancel
Company’s Right to Cancel
(a) Billing / Payment / Shipping Information. Orders cannot be processed due to an error in the information that you provided including, without limitation:
- incorrect credit/debit card number, expiration date or card security number;
- incorrect billing information;
- incorrect or incomplete shipping address; or
- information that Ladurée, in its sole discretion, believes to be fraudulent.
(b) Merchandise Delay or Unavailability. A Product is delayed for shipment from our warehouse or is unavailable.
(c) Resale of Merchandise. If we suspect, in our sole and absolute discretion, that any resale of the Products is occurring by you for your personal or business profit.
(d) Previous Fraudulent Order History. If we suspect, in our sole and absolute discretion, that fraudulent activity is occurring or has occurred in relation to the Order.
IV. Characteristics and Quality of the Products
Availability of the Product
V. PRICE AND PAYMENT
VI. Promotional Codes, Gift Cards, and Merchandise Credits
Terms of Delivery and Risk of Loss
VIII. Return, Exchange and Refund Policy
2. For reasons of hygiene and safety, we will not accept returns or exchanges of food Products, unless otherwise agreed by our Customer Service Department. If we agree to a return, the Product shall be returned in its original condition and packaging, accompanied by a proof of purchase.
3. If you exercises your right to cancel an Order as set forth in Section III herein, Company will process the refund due to you within thirty (30) days of after Company’s receipt of your written notice of cancellation.
4. If you return a Product, we will send you an acknowledgment of receipt of such returned Product and will then inspect the returned Product and notify you of any refund via email. Any refunds will be processed within thirty (30) days of the date we receive the Product being returned. We may, in our sole discretion, reject your return if the Product being returned is not in the same condition in which you received it.
5. You must inspect the Products purchased at the place and time of delivery and must notify us of any shortages, defects or any other complaint immediately and in any case within five (5) business days from the date the purchased Products were delivered to you. If you do not give us notice of any shortages, defects or any other complaint within this time frame, the purchased Products will be deemed to have been accepted and in good order. Products returned as a result of a defect, which shall be determined in our sole discretion, will be refunded in full, including all associated shipping and handling charges. All refunds, including Product(s) received as a gift, will be credited to the original form of payment. By accepting any such refund, you, or any other interested party, hereby consents to the waiver of any additional claim which might be lodged, specifically including the settlement of interest.
IX. Complaint and Customer Service
If you wish to make a complaint regarding defects in the delivered Products, including damage during transport, you must submit it immediately using the form on the Website. If and to the extent the defect is verified by Company, Company shall issue you a refund for all amounts paid for the defective Product, as well as shipping costs, to the bank account you indicated no later than thirty (30) days following the date on on which the defect was verified. This limited warranty extends only to the original purchaser of Products from the Website. It does not extend to any subsequent or other owner or transferee of the Products. This limited warranty shall not cover any damages due to transportation, storage, improper use of the Product, modifications to the Product, unauthorized repair, normal wear and tear, or external causes such as accidents, abuse, or other actions or events beyond Company’s reasonable control.
To the extent permitted under applicable law, and notwithstanding anything to the contrary set forth herein, Company excludes any and all implied warranties, including the implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose of all Products. You may have certain rights under the local law of its state of residence, and nothing in these Terms of Sale is intended to affect such rights to the extent they are applicable.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND LADUREE’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.
XII. Force Majeure
XIII. Customer’s Representations
XV. Our Right to Vary These Terms of Sale
XVII. No Third-Party Beneficiaries
XVIII. Severability and Entire Agreement
XIX. Applicable Law and Jurisdiction
XX. No Waiver
XXI. Important Information Regarding Your Credit Card
2. The credit card charge for the Order will appear on your credit card statement as “Ladurée US”. If you contest the validity or amount of a charge related to an Order, please email the Customer Service Department at firstname.lastname@example.org.
3. We will prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for an Order filled and delivered to the you.
4. Should you cancel an Order, any “authorization holds” will be removed from your account within three (3) to five (5) business days.