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Terms & Conditions

TERMS & CONDITIONS

These Terms and Conditions were Last Revised on Oct 29 2021.

 

These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred to in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website https://fleurderiche.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf and any other related content, features, materials, applications, widgets (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the "Services").

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.

Understanding these Terms and Conditions

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence).

When we refer to "Fleur De Riche", "we", "us" or "our", we mean Fleur De Riche, Inc or, where relevant, its affiliates. Where we refer to "you" or "your" we mean you, the person using the services.

We have organized the information into sections, so that it may be easier to locate the answers you might seek.

 

Table of Contents:

  1. ABOUT OUR SERVICES
  2. USING OUR SERVICES
  3. OUR PRODUCTS
  4. PAYMENTS AND PRICING
  5. ORDER PROCESS
  6. FLEUR DE RICHE EMPLOYEES
  7. DELIVERY
  8. GENERAL TERMS
  9. COMMENTS AND COMPLAINTS PROCEDURE

 

Again, please be sure to read, and make sure you understand, the Terms and Conditions prior to using the Service and placing an Order with Fleur De Riche. By using our Services, you agree to be bound by the Terms and Conditions.

 

These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).



I OVERVIEW

I.I Who We Are

We are Fleur De Riche, Inc., the owner and operator of this Website. Fleur De Riche, Inc is a corporation registered in New Jersey, U.S.A and our registered office is at 151 Center St #1417, Bayonne, NJ 07002. Our registered company number is 0450599873. We are a luxury designer marketplace focused on curating luxury designer items for clients who want exclusive and limited-edition pieces.

 

I.II Privacy Policy 

Our privacy practices in operating the Services are described in our Privacy Policy located at https://fleurderiche.com/privacy-policy/ (“Privacy Policy”). Please review the Privacy Policy to learn about:

  •  what information we may collect about you;
  •  what we use that information for;
  •  what third party information, if any, you are agreeing to share by using the Services; and
  •  with whom we share that information.

 

I.III Shipping & Return Policy 

Our terms and conditions governing your shipping and return of goods on the Services are described in our Shipping & Return Policy located at https://fleurderiche.com/shipping-returns/ (“Shipping & Return Policy”), which are incorporated herein by reference. Please review the Shipping & Return Policy to learn about terms and conditions relating to:

  •  shipping of returns;
  •  returns or cancellations of Fleur De Riche Layaway purchases;
  •  item condition and tag requirements for returns; and
  •  payments for returns.
  • inbound and outbound shipping of goods;
  • delivery policies;
  • order changes; and
  • anything shipment or return-related

 

I.IV Fleur De Riche Layaway Program (coming soon) 

Our terms and conditions governing our Fleur De Riche Layaway Program on the Services will be (when service goes live) described in our Fleur De Riche Layaway Terms and Conditions located at https://fleurderiche.com/layaway-terms-and-conditions (“Layaway Terms and Conditions”), which are incorporated herein by reference. Please review the Reserve Terms and Conditions to learn about terms and conditions relating to:

  •  down payments;
  •  payments schedules and methods; and
  •  cancellations and other policies.

II. USING OUR SERVICE

II.I

By using our Website or Services, you agree to be bound by the Terms and Conditions.

 

II.II

The Services provided are solely for your personal use and should not be used for any commercial purposes. To place an Order on the Websites/Services, you must be at least eighteen (18) years old. We reserve the right to only accept an Order from those over eighteen (18) years old. We reserve the right to make changes to any part of these Terms and Conditions from time to time, so please ensure that you check the latest version. We may modify or withdraw the Website/Services (or any part of them) temporarily or permanently, and we shall not be liable to you or any third party for any modification to, or withdrawal of, the Website or Services. You agree to use the Website or Services on this basis. If you do not agree to any changes in these Terms and Conditions, we advise you to stop using the Website or Services.

 

II.III

All text, graphics, photographs including all image rights, videos, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belong to Fleur De Riche (or is licensed to Fleur De Riche). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Fleur De Riche's prior written permission.

 

II.IV

You agree that any information you submit to the Services including Personal Information shall be true, accurate, current and complete. If you submit to the Services any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become Fleur De Riche’s property. You agree that anything you submit shall not infringe on any right of any third party, nor contain anything libelous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy.  You agree that you are and shall be personally responsible for your use of the Services. If we determine that you are, or have been engaged in activities which are unlawful, abusive, obscene or constitute an invasion of privacy, we may deny you access to the Services at any time.

 

II.V 

You must not establish any link to the Services to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you. The Services must not be framed on any other site, and you may not create a link to any part of the Services other than the home page.

 

II.VI

While we endeavor to verify the accuracy of any information we place on the Website, we make no warranties (whether expressed or implied) in relation to its accuracy. The Services are provided on an "as is" and "as available" basis without any representation or endorsement made. We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website, including but not limited to, implied warranties of non-infringement; compatibility; security; accuracy; conditions of completeness; any implied warranty arising from course of dealing or usage or trade.

 

II.VII

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.

 

II.VIII

The Website may contain links to other websites or applications, which are not operated by Fleur De Riche or information on services provided by third parties. When you activate or utilize any of these, you will leave the Website and we have no control over, and will not accept any responsibility or liability in respect of the material on any website or application or any service provided by a third party that is not under our control.

 

II.IX

Any and all (a) suggestions for correction, update, change and augmentation to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Fleur De Riche by you (collectively is “Feedback”) and all (b) improvements, updates, augmentations or enhancements, whether made, chosen, created or developed by Fleur De Riche or otherwise relating to the Services (collectively is “Revisions”), are and will remain the property of Fleur De Riche. You acknowledge and explicitly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Fleur De Riche and Fleur De Riche may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Fleur De Riche any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Fleur De Riches' request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

 

III. OUR PRODUCTS

III.I

We will take all reasonable care to ensure that all Product Descriptions are correct. We have made every effort to display as accurately as possible the appearances, colors, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.

 

III.II

Products are subject to availability and Products that are in your basket are not reserved and can be purchased by other Users. As there is a delay between the time when your Order is placed and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock after we have accepted your Order, then Fleur De Riche shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out-of-stock Product.

 

IV. PAYMENTS AND PRICING

IV.I

Product prices shown on the Website (irrespective of which currency you choose to pay in) may change from time to time. Please also be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, or delivery charges applied in the country you have selected for delivery of your Order.

 

IV.II

Although we try to ensure that all of our Products' prices displayed in the Product Descriptions are accurate, errors may sometimes occur. If we discover an error in the price of a Product, we shall be under no obligation to accept or fulfill an order for this Product at the incorrect price and reserve the right to cancel such an order that has been accepted or has been shipped.

 

IV.III

Any coupon, discount, offer or promotional discount (the “Promotion”) offered on the Website are non- transferable and valid only for use as part of a purchase made via the Website or Service, unless otherwise stated and subject to availability. No cash alternative will be offered on any Promotion. The Promotion cannot be used in conjunction with any other coupon, offer or promotional discount and it must be redeemed by the date published (if applicable and provided).  Under no circumstances will we be able to honor incorrect promotions and discount codes offered by third parties with whom we are not affiliated and/or with whom we have not agreed to run a Promotion.

 

IV.IV

Where you have requested delivery of your Order to a country outside of the United States, the total cost of your Order will not include United States tax. However, it will include any taxes, duties, fees or other charges brought forth by that non-USA country, which will be added to your Order at checkout and paid on your behalf by Fleur De Riche to the relevant local customs authorities (where possible). You acknowledge and accept that additional taxes, duties and charges may be added onto your order delivered outside of the United States despite Fleur De Riches' efforts to ensure no additional charges are taxed upon delivery.

 

IV.V

You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the United States). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions, which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.

 

IV.VI

Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website (for example, UPS), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific time.

 

IV.VII

You can currently pay in US Dollars, Bitcoin, Ethereum, British Pounds, Hong Kong Dollars, Chinese Yuan, Australian Dollars, Euros, Canadian Dollars, Taiwanese Dollars, South Korean Won, Singapore Dollars or such other currency as we may accept from time to time.

 

IV.VIII

We accept payment for Orders by Bitcoin, Ethereum, Maestro, MasterCard, Visa, Visa Debit, American Express, PayPal, Apple Pay, Google Pay, Alipay, Sezzle (pay later option).

 

IV.IX

If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge that you will be liable to pay.

 

IV.X

You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (a) discontinue or limit the available quantity of any product or aspect of the Services and (b) refuse to allow any user to purchase a product or deliver any product to a user.

IV.XI

By placing your Order and making an offer to buy a Product, you authorize us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorization; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.

 

IV.XII

Final Sale items are not subject to Fleur De Riche’s standard return policy and may not be returned. Any return or refund of Final Sale items purchased from Fleur De Riche are made at Fleur De Riche’s absolute and sole discretion, subject to applicable laws.

 

V. ORDER PROCESS

V.I        

Fleur De Riche takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part, we will not be liable for any loss you may suffer if a third party procures unauthorized access to any Personal Information you provide when accessing or placing an Order on the Website. For more information on how we use and protect your Personal Information, please refer to our Privacy policy.

 

V.II

The technical steps to place your Order and create a contract of sale between you and Fleur De Riche are, as follows:

a) You place an Order on the Website by pressing the 'Buy Now' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website or Service.

b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not deem an acceptance of your Order by us, and a contract does not exist between us at this point.

c) As your Order is shipped by us, we will send you a shipment confirmation email. Please note that we may also send you an SMS to notify you that your Order has been shipped. Upon sending this email, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.

d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your billing address.

 

V.III

We may ship Products ordered as part of one Order separately. This may mean that Products are shipped separately. There may be certain circumstances where we can ship only part of an Order.

 

V.IV

Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:

a) A Product you ordered is out of stock;

b) We are unable to obtain authorization for your payment;

c) We have identified an error with a Product Description, including but not limited to a pricing error;

d) You do not meet the eligibility requirements as specified in these Terms and Conditions;

e) There is a system or procurement failure;

f) You fail our customer validation checks; 

g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you; or

h) We believe you are generating orders for commercial gain and not personal use;

 

V.V

We reserve the right to cancel your Order even after we have accepted it, for any of the reasons listed in Clause V.IV of these Terms and Conditions. 

 

VI. FLEUR DE RICHE EMPLOYEES

VI.I

Fleur De Riche employees ordering products from the Services, and who are entitled to staff discount, agree that they have read and adhere to the Terms and Conditions of the Fleur De Riche staff discount policy. Employees with any questions about this discount policy please contact your HR department.

 

VII. DELIVERY

VII.I

You must provide us with complete and accurate delivery address information, this includes not only the address that your Order is going, but also the name of its recipient. We will not be liable for the delivery of your Order as a result of you supplying us with incomplete or inaccurate information. Shipments may require a signature on delivery. 

 

VII.II

ALL packages over US $1000 MUST be signed for.

 

VII.III

We will make every effort to deliver your Order within the estimated timeframes. However, delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher-than-anticipated demand. Fleur De Riche shall not be liable for any delays or failures by us to deliver your Order within the estimated timeframes as a result of such delays. Please note that delivery of your Order may take longer during sale or other busy periods.

VII.IV

We ship worldwide. You may select the international delivery option at the end of the checkout process and specify a delivery address outside of the United States. We will notify you of the international delivery charge(s) applicable to your Order at checkout, and the amount will be added to the total amount of your Order. Delivery lead times of your Order to an international address will vary according to its destination.

 

           

VIII. GENERAL TERMS 

VIII.I

We may change these Terms and Conditions at any time. Changes become effective immediately upon your first access to, or use of, the Services after the Last Revised date at the top of the Terms and Conditions. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions, which shall continue to have full force and effect. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the Website. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, then please do not access or use the Services.

 

VIII.II

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

 

VIII.III

If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.

 

VIII.IV

The Services may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Services and any transactions conducted on or through the Website or any Services.

 

VIII.V

You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by Fleur De Riche hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development; design; manufacture or production of nuclear missiles; or chemical or biological weapons. You are responsible for and hereby agree to comply, at your sole expense,cv 9 with all applicable United States export laws and regulations.

 

VIII.VI 

The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

VIII.VII

You agree that a breach of these Terms of Use will cause irreparable injury to Fleur De Riche for which monetary damages would not be an adequate remedy and Fleur De Riche shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

 

VIII.VIII

You and Fleur De Riche agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use. The AAA Rules and the laws of the state of New Jersey, excluding its conflicts of law rules, govern these Terms of Use and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.

 

VIII.IX

Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

VIII.X

These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Fleur De Riche. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of Fleur De Riche.

 

 

IX. COMMENTS AND COMPLAINTS PROCEDURE

 

IX.I

Please contact us if you have any comments or complaints by contacting our Customer Services team or by calling 1 (844) 876-2066. We will always try to resolve any dispute as swiftly as possible.

 

 

 

 

 

 

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