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TERMS AND CONDITIONS

 

Effective Date:  December 15, 2016

Thank you for using http://www.follifollie.us.com/us-en.  The following Terms and Conditions (these “Terms”) describe the terms and conditions on which Links of London Inc., and its affiliates (sometimes referred to in these Terms as “Folli Follie,” “we,” “our” or “us”) offers an individual person or entity access, use or registration to use our website(s) (“user”, “you” or “your”). 

 

These Terms are a legal agreement between Folli Follie and you.  Therefore, please read these Terms carefully.  Please do so before accessing, using or registering to use the Folli Follie website(s), or any web address that resolves to the Folli Follie website(s), services or features (including the purchase of goods and services) available through the Folli Follie website(s) (all together referred herein to as the “Folli Follie Site”).  You will also find information on orders and returns http://www.follifollie.us.com/us-en/customer-service/exchanges-returns, your privacy http://www.follifollie.us.com/us-en/footer-pages/privacy-policy and your security on other webpages of the Folli Follie Site and these pages shall be incorporated into these Terms.

By accessing the Folli Follie Site and/or placing an order, you affirm that:

YOU UNDERSTAND AND AGREE TO THESE TERMS;

YOU WILL COMPLY WITH THESE TERMS; AND

YOU ARE OVER THE AGE OF 18 AND LEGALLY COMPETENT TO ENTER INTO CONTRACTS

IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section 16) and “DISPUTE RESOLUTION” (Section 18) below for more information.

 

IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE OR ACCESS THE FOLLI FOLLIE SITE.

 

1. Changes to Terms

 

The Effective Date of these Terms is set forth at the top of this webpage.  As we add new features, we may need to modify these Terms.  We will not make changes that have a material retroactive effect on your legal rights unless we are legally required to do so or the change is intended to protect other users’ rights.  Whenever practical, we will endeavor to provide you with advance written notice of material changes to these Terms.  Your continued use of the Folli Follie Site after the Effective Date constitutes your acceptance of the amended Terms.  The amended Terms supersede all previous versions, agreements, notices or statements of or about the Terms. 

 

2. Additional Terms

 

Additional terms may apply to certain features of the Folli Follie Site. You must agree to the additional terms before using these features. These Terms and any additional terms will apply equally.  If any additional term is irrevocably inconsistent with any provision of these Terms, the additional term will prevail but only for the specific feature to which the additional term applies.

 

3. Ownership of IP

 

Folli Follie owns, controls, or licenses the Folli Follie Site, including any information, graphic, artwork, text, video clip, audio clip, trademark, logo, all software compilations, underlying source code and software, and other content provided in or through the Folli Follie Site, (collectively, “Folli Follie Content”).  The Folli Follie Content may be protected by U.S., foreign and/or international copyright laws, patent laws, design laws, trademark laws, and/or other intellectual property laws.  All rights are reserved.

 

The Folli Follie Content and the Folli Follie Site as a whole are intended solely for personal, non-commercial use.  You may download or make a single copy of the Folli Follie Content and other downloadable materials displayed on the Folli Follie Site for the sole purpose of placing an order with Folli Follie or using the Folli Follie Site as a shopping resource. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Folli Follie Content, the Folli Follie Site, or any related software without our express prior written permission.

 

4. Trademarks

 

Folli Follie and any other product or service name or slogan contained in the Folli Follie Site are trademarks of Folli Follie, suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Folli Follie or the relevant trademark owner.  The look-and-feel of the various aspects of the Folli Follie Site constitute a service mark, trademark and/or trade dress of Folli Follie and may not be copied, imitated or used, in whole or in part, without Folli Follie’s prior written permission.

 

5. Use of the Folli Follie Site

5.1.      Eligibility: You must be the age of legal majority or older in your place of residence to use the Folli Follie Site.

 

5.2       Your Information:  You may be required to provide certain information to create a Folli Follie account (“Account”), purchase goods, and/or to enable features or functionality of the Folli Follie Site.  You agree that you will maintain your information to ensure that it is always current, complete and accurate.  If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your use of the Folli Follie Site.  Further, you agree that Folli Follie may contact you using the email address that you may provide if requested to do so.

 

5.3.      Your Responsibilities: You may use the Folli Follie Site for lawful purposes only.  You may not use the Folli Follie Site in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Folli Follie Site. Without limiting any of the foregoing, you agree that you shall not:

a)                  gain unauthorized access to the Folli Follie Site, other users’ information or Folli Follie’s computer systems or networks, through hacking, password mining or any other means.  

b)                  copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Folli Follie Site;

c)                  remove any copyright, trademark or other proprietary rights notices contained in the Folli Follie Site of Folli Follie Content;

d)                  use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index the Folli Follie Site;

e)                  rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Folli Follie Site or any features or functionality of the Folli Follie Site to any third party for any reason;

f)                   reformat or frame any portion of the webpages that are part of the Folli Follie Site; or

g)                  encourage or allow any third party to violate these Terms or applicable law.

 

Folli Follie may terminate your access to the Folli Follie Site without notice for any violation of the above rules.

 

You are solely responsible for any and all charges, fees and other costs related to use of the Folli Follie Site, including wireless service through Wi-Fi or a participating mobile service provider. 

 

6. Contract for Sale of Goods or Services

 

The description of the goods, services, price, currency, taxes and delivery costs are set out on the order page of the Folli Follie Site.  Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.  The advertising of products and services on the Folli Follie Site is an ‘offer of sale’.  Therefore, your order is an offer and no contract of sale is formed between you and Folli Follie until you receive a “confirmation of order” email.  Orders shall be accepted at our sole discretion but are normally accepted once credit card authorization has been confirmed, the order reflects current pricing, stock levels have been checked or in the case of services we can offer the service you request.  Once we accept your order, you shall pay the price for the goods or services plus taxes and delivery and other costs specified on the order page, and we shall charge your account for payment.  Please keep your "confirmation of order" e-mail for your records.

 

In exceptional circumstances, if we are not able to fulfil an order we have accepted, your credit card will be re-credited with the original price and we will notify you by email.  In no circumstances will we be liable to you for any additional amounts.

 

You will only own the goods you purchase once they have been successfully delivered and when we have received cleared payment for them in full.  Until that time we will retain title to the goods.  Goods supplied are not for resale.

 

Merchandise availability on the Folli Follie Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by calling Customer Service at 1-855-293-6554 or by joining us in Live Help via the Customer Service link in the upper right-hand corner of our homepage. You will receive a shipping confirmation e-mail once your items have shipped.

 

**Please note if this is your first order being placed on our website, for security reasons your order can only be delivered to your billing address where your credit/debit card is registered.

 

6.1.      Payment. We accept VISA, MasterCard, American Express (Amex) and Paypal.

 

To securely receive your payments over the Internet we use Secure Sockets Layer (SSL) technology, which is the standard Internet practice and means your details are protected. You can see that you are in a secure environment through the 'padlock' symbol on Microsoft Internet Explorer or 'key' symbol on Netscape Navigator. SSL works with Microsoft Internet Explorer version 3.0 and later versions/ Netscape Browser versions 2.0 and later versions. We feel it's important to have this level of security available, so anyone using lower version browsers should contact us by phone to place an order.

 

Please don't try to send orders via email, as we cannot guarantee any secure transmission of details. We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorized access to any data (including credit and account details) you provide when accessing or ordering from the site.  If you're still worried about security over the Internet, then please contact us by phone.

 

6.2.      Customer Responsibility.

Folli Follie cannot guarantee that the sale and delivery of its goods to your particular country or location is permissible, so please be aware of your own geographic import restrictions.

The Folli Follie Site and its contents will not constitute the basis for any contractual commitment between Folli Follie and any prospective customer in any jurisdiction in which the solicitation of interest or the offering of or sale of products by Folli Follie would contravene any applicable local, regional or national legislation.  No prospective customer should seek to make any order through the Folli Follie Site from jurisdictions in which it would be illegal for Folli Follie to sell products.

6.3.      Sale Items - Terms and Conditions 

Goods offered at a sale price (on “Sale”) through the Folli Follie Site may have been on Sale in another Folli Follie store at the higher price for a period of no less than 28 days.

Items purchased on Sale will not be refunded, but items bought on promotion can be exchanged or refunded within the 28 day window.

6.4       Promotions - Terms and Conditions 

Selected goods may be featured on Sale while stocks last.  The goods on Sale are not live in Folli Follie standalone stores, concessions, airports or outlets.  Goods that are on Sale cannot be refunded or exchanged in-store.  Promotional voucher codes such as the newsletter sign up discount cannot be used with any Goods that are on Sale, except with the free delivery offer on the US website.  All sales of goods that are on Sale are FINAL SALES.  If a good is faulty, the normal procedures apply.  Folli Follie reserves the right to alter, amend or foreclose the sale price and associated promotions without prior notice in the event that unforeseen circumstances make this unavoidable.

Goods offered at the promotional price on the site have been on Sale in either another Folli Follie store or on the Folli Follie Site at the higher price for a period of no less than 28 days.

These goods are only available for customers residing in the US and Canada.

7. Delivery and Customs 

 

We will use our reasonable methods to deliver the goods or services within the times indicated.  However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of goods caused by circumstances beyond our reasonable control.

 

We shall attempt to deliver the goods to the address you specify for delivery, or if none, to the credit card address you supply.  You are responsible for making arrangements to receive the goods and if the goods are held at the post office or other delivery company's depot because no one was available when the goods were delivered then it is your responsibility to swiftly collect the goods.  It is important that the addresses supplied by you to us are accurate.

 

Please note that we are currently not able to deliver to P.O. Boxes or military bases.

 

To give you a more straightforward service, the price you pay includes any duties or taxes applicable to the appropriate jurisdiction, i.e., USA, Canada, UK and the remainder of the European Union, which we will settle on your behalf.  If duty rates change, we reserve the right to charge extra or not to supply.  It may not be possible for us to deliver to some countries, if an order is received with a delivery address outside the territories stated, you will be contacted by our customer service center.

 

**Please note that any duty and/or administration charges incurred by your parcel being delivered overseas will need to be settled by you as Folli Follie will not be held liable for these.

 

***Please note if this is your first order being placed on our website, for security reasons your order can only be delivered to your billing address where your credit/debit card is registered.

 

8. Repairs Service

 

Our items are manufactured to a very high quality.  However, should you require it, we offer a repairs service.  For more information on the price and timings of this service, please call one of our customer service advisers at 1- 855-BY-FOLLI (855-293-6554) or visit one of our stores.

 

**Please note that we only offer our repairs service for items that you purchase from us.

 

9. Our standards 

 

Jewelry: The official Folli Follie card that accompanies all jewelry and accessories is the Authenticity Certificate which states that the item you have purchased is an original Folli Follie creation, manufactured with the utmost care and tested to meet the traditional standards of Folli Follie quality.  For more information regarding authenticity, please visit our authenticity and guarantee section of the Folli Follie Site http://www.follifollie.us.com/us-en/customer-service/authenticity-and-guarantee-policy. For more information regarding care advice, please visit our care advice section of the Folli Follie Site http://www.follifollie.us.com/us-en/customer-service/care-advice.

 

Watches: The official Folli Follie card that accompanies the watches is the Certificate of Authenticity and Guarantee which states that the watch you have purchased is an original Folli Follie creation, manufactured with the utmost care and tested to meet the traditional standards of Folli Follie quality. For more information regarding authenticity and guarantee, please visit our authenticity and guarantee section of the Folli Follie Site http://www.follifollie.us.com/us-en/customer-service/authenticity-and-guarantee-policy. For more information regarding care advice, please visit our care advice section of the Folli Follie Site http://www.follifollie.us.com/us-en/customer-service/care-advice.

 

10. Customer Satisfaction

 

Folli Follie has as its priority, your total satisfaction with our products and services.  In the unlikely event that you are unhappy with your purchase, please notify us by:

writing to Customer Service, 535 Madison Avenue New York, NY 10022,

e-mailing us a customerservice@follifollie.com, or

calling us at 1- 855-BY-FOLLI (855-293-6554).

 

11. Making Returns

 

In the unlikely event that you are unhappy with your purchase, you can return or exchange items within 28 days of purchase. All items being returned or exchanged must be sent back and postmarked within the 28 day grace period from the date it was delivered.

Return your item(s) with the following:

 - Your telephone number and e-mail address

 - Security tag (if the item is over $100)

 - Original packaging

 - Proof of purchase or gift certificate

 

Pack the items back in the parcel, include the paperwork and send it back to:

 

Folli Follie Online Customer Service & Returns

535 Madison Avenue, New York, NY 10022.

 

For all returns, except where the item is faulty or dispatched in error by us, you will be required to arrange and pay for the return of the products to us.

 

Refunds will be issued for the price of goods returned within 7-10 business days once all information referred to above is received. The credit card used for the original purchase will be credited with the original price. If there are any problems with your refund, a member of our customer care team will contact you.

 

For hygiene reasons we cannot exchange or refund earrings, unless they are defective or faulty.

 

Items sold at a discount off the original retail price (on sale or with special promotion code) are FINAL, and no refunds will be issued for sale items. Exchanges will be issued on sale items only during the sale period.

 

Purchases made via the Internet or via Mail-Order cannot be returned to one of our shops. Unfortunately, we cannot accept responsibility for items lost in transit.

 

We highly recommend that you send your order back to us via certified mail for security purposes. We cannot accept responsibility for parcels lost in transit.  

 

12. Cancellations and Exchanges

 

If you realize you have made a mistake and want to cancel your order, please contact us as soon as possible. Since we ship quickly, it may not be possible to stop your order so please follow the instructions for 'Making Returns', set forth above, in those instances.  Please follow these instructions for exchanges as well.  It will be faster to re-order a product rather than send it back for an exchange, so please follow the above instructions while you order the product you would like instead.  We realize this means two transactions on your credit card but feel it is faster for you to get the product you would like.

 

If we are providing repair services we cannot cancel your order if we have already started the work.

 

13. Defective and Damaged Items

 

Should you receive an item you have ordered that is defective, damaged or not what you ordered, please contact us as soon as possible.  Our personal shopping consultants will help you resolve any issues as quickly as possible by delivering another item, replacing your order or refunding the amount paid.

 

14. Data Privacy and Protection 

 

Please review our Privacy Policy http://www.follifollie.us.com/us-en/footer-pages/privacy-policy (which is incorporated by reference) to learn about the information that we collect and how we process it. 

 

Folli Follie reserves the right at all times to disclose information as Folli Follie deems necessary to satisfy any applicable law, regulation, legal process or governmental request or as otherwise described in our Privacy Policy http://www.follifollie.us.com/us-en/footer-pages/privacy-policy.

Folli Follie takes reasonable precautions intended to help protect information that we process.  Unfortunately, however, no security measure is 100% secure.  We cannot guarantee the privacy or security of information processed by us.  You are responsible for using the privacy and security precautions best suited for your intended use of the Folli Follie Site. 

If you believe that information you provided to Folli Follie is no longer secure or if you discover a security vulnerability in the Folli Follie Site, please contact customerservice@follifollie.com.

 

15. Linked Services

 

The Folli Follie Site may contain links to third-party websites and services, including social media (collectively, “Linked Services”).  Linked Services are not under the control of Folli Follie and Folli Follie is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service.  The inclusion of a link does not imply endorsement by Folli Follie of the Linked Services or any association with the operators of the Linked Services.  Folli Follie does not investigate, verify or monitor the Linked Services.  Folli Follie provides links to Linked Services for your convenience only.  You access Linked Services at your own risk.

 

16. Disclaimer of Warranties and Limitations of Liability

 

Folli Follie warrants that it has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.

 

If you have a valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods, we shall be entitled to replace the goods (or the faulty part in question) free of charge or, at our sole discretion, refund to you the price of the goods (or a proportionate part of the price).

 

If you have a valid claim based on the quality of any repairs we make to your goods, then we shall be entitled to rectify the defect free of charge or, at our sole discretion refund to you the price for the repair of the goods.  We are not responsible for damage to items before the jewelry was in our possession or for any sentimental or other unknown value of the items.

 

We will not be liable for loss of or damage to any good left for repair which you do not reclaim within 6 calendar months, or for the receipt for the item if it has been lost or cannot be produced.

We shall not be liable to you or in breach of these terms and conditions for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.

In the case of repairs we strongly advise that you maintain adequate insurance for your jewelry while it is in our possession.

Folli Follie cannot be held liable for any product that has been repaired or modified by a third party repairer.

YOUR USE OF THE FOLLI FOLLIE SITE IS AT YOUR OWN RISK.

 

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE FOLLI FOLLIE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. Folli Follie specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade.  Folli Follie does not warrant that:

a)                  the Folli Follie Site will meet your requirements,

b)                  operation of the Folli Follie Site will be uninterrupted or virus- or error-free, or

c)                  errors will be corrected. 

 

Any oral or written advice provided by Folli Follie or its authorized agents does not and will not create any warranty. 

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

YOU AGREE THAT FOLLI FOLLIE IS NOT LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) AND EVEN IF FOLLI FOLLIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN NO EVENT SHALL FOLLI FOLLIE’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE FOLLI FOLLIE SITE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE GREATER OF ONE THOUSAND U.S. DOLLARS (US$1,000) OR THE AMOUNT YOU PAID FOR THE GOODS PURCHASED DURING THE TWELVE MONTHS PRECEDING THE ACTION THAT GAVE RISE TO THE LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS AND THAT FOLLI FOLLIE WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

 

17. Indemnification

 

You agree to indemnify and defend Folli Follie and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against Folli Follie by any third party arising from your use of the Folli Follie Site or any violation of these Terms, the rights of a third party or applicable law.  Folli Follie reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.  No settlement that affects the rights or obligations of Folli Follie may be made without Folli Follie’s prior written approval.

 

18. Dispute Resolution

 

These Terms are governed by and construed and enforced in accordance with the internal laws of the State of New York (without giving effect to the principles of conflicts of laws of such state) and are binding upon the parties hereto in the United States and worldwide.  You and Folli Follie agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

Except as prohibited by applicable law, you agree to settle by binding arbitration any dispute between you and Folli Follie and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof,  the relationships which result from these Terms (including disputes about the validity, scope or enforceability of these Terms to arbitration) (collectively, “Covered Disputes”) in the State of New York.  Except as modified by these Terms, the rules (including its rules and procedures for consumer-related disputes, if applicable) of the American Arbitration Association (“AAA”) in effect on the date that the arbitration commences (“AAA Rules”) will govern the arbitration.  Except as prohibited by applicable law, you and Folli Follie waive any right to resolve Covered Disputes before any court of law.

YOU AND FOLLI FOLLIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  

The AAA Rules will govern payment of all filing, administration and arbitrator fees. Folli Follie will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary for any individual that is able to demonstrate that the costs of arbitration are prohibitive as compared to the costs of litigation.  If the arbitrator determines the a claim that you assert is frivolous or brought for an improper purpose, you agree to reimburse Folli Follie for all fees associated with the arbitration that Folli Follie paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.

 

A single arbitrator will be selected in accordance with the AAA Rules.  The arbitration shall be conducted in the English language.  The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.  The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby irrevocably waives (except where prohibited by law).  The arbitrator will apply applicable law and the applicable provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.  The arbitrator’s decision must be a written decision with explanation and remain confidential. 

 

If any provision of the agreement to arbitrate in this Section 18 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced but in no case will these Terms give rise to a class, representative or private attorney general arbitration.  Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred.  The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (FAA) applies for purposes of these Terms and related transactions.

 

You explicitly agree that any claims or actions that you may otherwise have against Folli Follie under the laws of any jurisdiction outside the United States are hereby waived (including any claim or action under the laws of your own country) and that your only forum and applicable law for the resolution of any disputes is in the United States of America according to the terms of this Section 18.  This provision does not, however, apply if you are a consumer residing in a jurisdiction that permits you to make your claim before a legally competent court of the jurisdiction where you reside that possesses personal jurisdiction over Folli Follie.

 

19. Electronic Contracting

 

Your affirmative act of using the Folli Follie Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically. 

 

20. Jurisdictional Issues; Taxes

 

Folli Follie makes no representation that the Folli Follie Site is appropriate or available for use outside the U.S.  You are responsible for compliance with all applicable laws.  Folli Follie reserves the right to limit the availability of the Folli Follie Site in any geographic area or for any person at any time.  Access to the Folli Follie Site from territories where its content is illegal is prohibited.

Any software that Folli Follie may offer through the Folli Follie Site is subject to United States export controls.  No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country designated by Sponsor and/or the United States Treasury’s Office of Foreign Assets Control; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading or using any software through the Folli Follie Site, you 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.

The Folli Follie Site is commercial computer software, as defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors

You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed by any taxing authority in connection with your use of the Folli Follie Site.

21. Termination

 

These Terms automatically terminate when you fail to or Folli Follie suspects you have failed to comply with any term or condition of them.  For example, Folli Follie may without notice terminate your access to the Folli Follie Site if Folli Follie believes that you are a minor or if we suspect or detect that you circumvented (or attempted to circumvent) any security precaution.

 

Termination will not limit any of Folli Follie’s other rights or remedies.  Sections 5-13, 6-18, and 24, hereof, as well as any other provision that must survive in order to give proper effect to the intent and purpose of these Terms, shall survive termination.  

 

22. Claims of Copyright Infringement

 

Folli Follie responds to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity.  If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through the Folli Follie Site, please send your claim or notice of infringement to our DMCA agent at:

 

DMCA Agent

dmcaagent@linksoflondon.com

Links of London, Inc.

269 Lexington Avenue, 6th floor

New York, NY  10017

 

Upon receipt of notification complying with the DMCA, Folli Follie will take steps to remove or disable access to any infringing material and remove or disable access to any link to infringing material.  Notifications must include all of the following:

a)      a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

b)      a description of the copyrighted work that you claim has been infringed;

c)      a description of where in the Folli Follie Site the material that you claim is infringing is located;

d)     contact information reasonably sufficient to permit Folli Follie to contact you; 

e)      a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

f)       a statement by you, made under penalty of perjury, that the information in your notification to Folli Follie is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA Agent will only respond to notices and inquiries that comply with the requirements of the DMCA.  Please see www.copyright.gov for more information. 

 

23. For California Residents

With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the Folli Follie Site, California residents are entitled to the following specific consumer rights information:

a)                  The provider of the Folli Follie Site is Folli Follie. Its principal place of business address is set forth below in Section 25 (“How to Contact Us”);

 

b)                  To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of “Legal Department” at the above address or contact Folli Follie via e-mail at customerservice@follifollie.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

24. Miscellaneous

These Terms (including our Privacy Policy http://www.follifollie.us.com/us-en/footer-pages/privacy-policy), contain the entire understanding by and among Folli Follie and you with respect to the matters contained herein.  These Terms inure to the benefit of, and will be binding upon, you, Folli Follie and your and Folli Follie’s successors and assigns, respectively.  These Terms may be assigned by Folli Follie but you may not assign the Terms without the prior express written consent of Folli Follie.  If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.  If Folli Follie fails or you fail to perform any obligation under these Terms and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.  Nothing contained in these Terms will be deemed to constitute Folli Follie or you as the agent or representative of the other or as joint ventures or partners.  If Folli Follie is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such cause.  Headings and captions are for convenience only.

 

25. How to Contact Us

 

If you have any questions about these Terms or the Folli Follie Site, please contact us at customerservice@follifollie.com or 1-855-BY-FOLLI (1-855-293-6554).  Representatives are generally available 9:00 AM to 5:00 PM (EST) Monday to Friday, excluding holidays.

 

Our mailing address is:

 

Folli Follie

Customer Service

535 Madison Avenue

New York, NY 10022

 

Copyright © Folli Follie 2016.  All rights reserved.

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