Annick GOUTAL

TERMS AND CONDITIONS

1. PREFACE

2. THE WEBSITE

3. THE PRODUCTS

4. PRICES

5. ORDER

6. PAYMENT

7. SHIPPING AND RETURN

8. LIMITATION OF LIABILITY

9. PERSONAL DATA

10. LEGALE GUARANTEE

1. PREFACE

These Terms and Conditions for Sale, Privacy Policy and Legal Terms are applicable on the Site us.annickgoutal.com to online purchase.

To order a Product offered on the Site, the User is required to read and expressly accept these General Terms and Conditions for Sale, without conditioning this acceptance by a handwritten signature.

The Annick Goutal House reserves the right to update these General Terms and Conditions for Sale at any time. Any changes are effective immediately upon posting. The continued use of the Site constitutes your agreement to any revised Terms.

It is stated that the User may save or print these General Terms and Conditions for Sale, provided, however, he does not change them.

2. THE WEBSITE

The Annick Goutal House website us.annickgoutal.com (hereinafter the "Site") is published and operated by AMOREPACIFIC COSMETICS (USA) inc. incorporated in the State of New York and whose registered office are located at : 1385 Broadway, suite #1005, 10018, NEW YORK, USA.

The Site allows the AMOREPACIFIC COSMETICS (USA) inc. to offer Annick Goutal perfumes and cosmetics (hereinafter the "Products") for sale to Internet Users on the Site (hereinafter referred to as "Users").

It is stated that the Products are solely intended for the User’s personal use and not any kind of professional use.

The User who wishes to purchase on the Site states he has full legal capacity.

The purpose of these General Terms and Conditions for Sale is to define the Parties' rights and obligations arising from the online sale of Products offered on the Site from the USA, exclusively because of the relationships they establish on the Internet and only on the Site. They determine all the steps necessary to place an order as described in Article 5: « Order », and ensure follow-up of this order between the parties.

3. THE PRODUCTS

The Products offered for sale by the Annick Goutal House are those listed on the Site on the day of consultation of the Site by the User, within the limits of available stocks and subject to the conditions stipulated in the preamble hereinabove. The Annick Goutal House reserves the right to withdraw Products from sale at any time.

The Annick Goutal House attempts to be as accurate as possible when describing our products on the Website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or any other content available on the site are accurate, complete, reliable, current, or error-free. The Annick Goutal House shall not be held liable should they be incorrect in any way.

For any question regarding the products, any questions or request for advice, the User may contact Customer Service from the "Contact" section of the Site.
Buyer may also visit an Annick Goutal boutique, physical point of sale for personalized advice and test the products offered for sale on the Site.

4. PRICES

The prices of Products and services are firm and given in US dollars ($). All orders are billed at the price including tax, with the applicable tax rate on the day of the order.

The Annick Goutal House reserves the right to freely change the prices of Products at any time and without notice, without other formality than making changes to the Site. However, these changes will not affect orders that the Annick Goutal House has accepted before the entry into force of these changes and the Products will be charged on the basis of the rates in effect when the order was placed, on condition of the availability of the Products ordered.

The prices shown do not include delivery costs, which will be charged extra and will be specified to the User during the final confirmation of the order when the total price will be shown on the order summary.
The price is that shown on the order confirmation sent by e-mail to the Purchaser by the Annick Goutal House.

5. ORDER

METHODS OF ORDERING

The User can access the various Products offered for sale by the Annick Goutal House on the us.annickgoutal.com Site. The User can freely browse the pages of the Site, without being committed to an order. 

If the User wishes to place an order, he chooses the Products that are of interest to him, and demonstrates such interest by clicking the "Add to cart" button.

Each new addition to his basket will be indicated by the appearance of the number of articles in the basket at the top right of the page.
At any time, the User may:

  • Obtain a summary of the Products he has selected or modify his order by clicking on the “MY CART” button accessible at the top right of each page;
  • Continue his selection of Products;
  • Complete selection of Products and order them by clicking on "PROCEED TO CHECKOUT".

The User must then identify himself: Either by entering his email address and password, if he is already a registered User. Or by accurately completing the form made available, on which he will enter the information necessary to identify him and include his full name, email, and mailing address.

The User is informed and agrees that entering any identifier is considered valid proof of identity and expresses his consent. 

Once identified, an order form will appear on the screen, summarizing the nature, quantity and prices of Products selected by the User, and the total amount of the order, the User’s details, and the address for delivery of the Products. 

The User shall then choose the delivery address and shipping method. Depending on the destination, he can choose between UPS standard ground shipping (1-5 business days) or UPS second day air shipping (1-2 business days).

The User must select the payment method offered on the same page. The Annick Goutal House uses a secure e-payment transactions tool that is provided by the company ADYEN (www.adyen.com).

The amount of each order is limited to 1 500 Dollars per order. The same reference product cannot be ordered more than 5 times per order.

When the Purchaser submits his order and payment, a summary is displayed and includes the transaction number. This summary is sent to him in an order confirmation e-mail by the Annick Goutal House. This confirmation includes all the elements of the contract between the Parties. 
Then, when the order is prepared and shipped, an e-mail shipping confirmation is also sent to the Purchaser.

AVAILABILITY OF PRODUCTS

Products are offered within the limits of available stocks. The Annick Goutal House does not guarantee the availability of the Products presented on the Site. The Purchaser shall be informed as early as possible of any Product availability. The Purchaser shall be notified of this information by e-mail prior to delivery and following the validation of the order. 
The Annick Goutal House will then arrange to subtract the sales price(s) of the unavailable Product(s) from the amount withdrawn from the Purchaser’s bank account. 

In cases where the unavailability of a Product is noted after the order is validated, the Purchaser will have the opportunity to cancel his order by either requesting a refund of the paid amount (within thirty (30) days at the latest after deduction), or by asking at us.eshop@annick-goutal.com.

The Annick Goutal House incurs no liability for out of stock or unavailable Products.

RETENTION OF OWNERSHIP

The Products ordered remain the property of the Annick Goutal House until full payment of their sales price. In the event of a payment incident, the purchaser must return the Products received to the Annick Goutal House upon first request.

However, on the actual date of delivery, the risks (including loss, theft or damage) concerning the Products delivered are assumed by Purchaser.

6. PAYMENT

Unless the server is unavailable, the orders are paid in US Dollars ($) on the Site immediately upon registration of the order.

The user has to choose the payment method among those proposed and make payment.

The Annick Goutal House uses a secure e-payment transactions tool that is provided by the company ADYEN (www.adyen.com).

The Annick Goutal House reserves the right to refuse any order or delivery in case of exceeding the limits outlined in the preamble hereof; dispute with the Purchaser; total or partial nonpayment of a previous order by the customer; refusal of authorization of card payment by the banking organization; non-payment or partial payment.

The Purchaser guarantees the Annick Goutal House that he has the required authorization that may be necessary to use the chosen method of payment at the time of checkout. In case of refusal by the bank, the order is automatically canceled and the customer is alerted by e-mail.

As part of the fight against fraud on the Internet, the Annick Goutal House uses a secure e-payment transactions tool that is provided by the ADYEN partner and guarantees the customer that it has never had access to confidential information relating to the method of payment used by the Purchaser to pay for his order.

This is why the consumer’s bank details will be required for each subsequent order they wish to place on the Site.

7. SHIPPING AND RETURN

DELIVERY TYPES AND PRICES

Dispatch time is a maximum of 48 working hours (from Monday to Friday). This time corresponds to the time taken to prepare your order at our depot (destocking, checking, preparation of the package, packing, labeling etc.).

Only customers with both U.S. shipping addresses may purchase Annick Goutal products online at us.annickgoutal.com.

You can choose the transporter according to the delivery type /state that you have selected.

The delivery options are the following:

  • UPS standard ground shipping: $11
    Day-definite delivery typically in one (1) to five days (5) to all fifty (50) states
  • UPS second day air: $28
    Next business day delivery by 10:30 a.m., 12:00 noon, or end of day, depending on destination to all fifty (50) states, with some limitations in Alaska and Hawaii

Specifics

Orders using a PO Box address will be shipped through USPS (United States Postal Service) standard post.

Orders shipping to Alaska, Hawaii, US territories will take 6-8 days. We do not ship to Puerto Rico or outside of the U.S. at this time.

Shipping Confirmation & Package Tracking

After your order is placed, you will receive an order confirmation email. As soon as your package ships and is assigned a tracking number, you will receive a shipping confirmation email with tracking number linking to the carrier's website, where you can track your package directly.

Shipping to another Address or Gift

You can ship your purchase to a different address than your billing address. In order to do so, please replace your shipping address by the other shipping address you would like to ship your order to. For security reasons, please make sure your billing address remains the same as the one on your credit or debit card.

RECEIPT OF THE PACKAGE

The package is delivered directly to your address. If you're not at home when the delivery arrives, an attempted delivery notification will be put through your letterbox. This notification will indicate the date and time of the attempted delivery, together with the post office where you can collect your package.

Upon delivery of the order, you must check the conformity and the status of your package in the presence of the carrier and notice all relevant concerns about apparent defects (missing product, damaged package).

If after 14 days you still haven't received your package, and no notification has been left, please try checking the status of your package on the UPS International website (www.ups.com), you can also contact customer services by e-mail at us.eshop@annick-goutal.com.

LIABILITY

The Seller will make every effort to deliver the product within the term indicated on the Site and in any event within thirty (30) days as confirmed of the order. Nonetheless, the times indicated on the website are indicative only. The Seller shall not be liable in any way if delivery takes place at a later date. If the case is to happen, you are invited to contact the Customer Service within 30 days of receipt. Except for legitimate reasons, any claim beyond this period will be considered inadmissible.

The Buyer shall not be entitled to compensation or contract cancellation due to a delay in delivery, unless the delay was caused by the Seller or its supplier, and can be attributed to willful misconduct or gross negligence. If the delay in delivery exceeds thirty (30) days, the Buyer shall be entitled to withdraw from the contract and shall be refunded of the payments already effected.

To the fullest extent permitted by the applicable law, if the Seller is unable to deliver the ordered product through no fault of its own, because our supplier does not fulfill its contractual obligations, we shall be entitled to withdraw from the contract vis-à-vis the Buyer, if already entered into. In this case the Buyer will be advised immediately of the unavailability of the product. We will then return the sums paid by you within thirty (30) days beginning with the day after the end of the delivery period if we cannot supply the product purchased by you because it is not available.

The Seller ships all orders via a parcel service (UPS). All items are insured by the Seller until they have been delivered at your address.

Insofar as it is impossible to effect delivery to the Buyer, because the delivered merchandise does not fit through the Buyer's entrance door, front door, or the staircase, or because the Buyer cannot be found at the address he indicated, although the Buyer was apprised of the delivery date with a reasonable period of time, the Buyer shall bear the costs for the unsuccessful delivery.

RETURN AND REFUND

If you no longer want one or more of the products ordered, you can return it/them in the original packaging within 30 days of receipt.

In order to return the unwanted product, simply follow the 3 steps as indicated on the returns form attached to your package:

  1. Send back the item in its entirety and in its original packaging. Only items returned in their original state (with the cellophane still wrapped on the product) will be accepted and refunded.
  2. Attach a return form completed and a copy of your invoice to the package.
  3. Return the package by UPS to the address indicated below:

    ANNICK GOUTAL
    955 MADISON AVENUE
    NEW YORK, NY 10021

If the wrong product has been sent or the items are faulty, please contact customer services by e-mail at us.eshop@annick-goutal.com or by phone at: +1 (646)-864-0025.

The payment card that you used to pay for the order will be refunded, within 30 days of the date that the package is returned.

If the return is due to an error on our part, the customer has to contact customer service which will send a prepaid label on the condition of proof. If your product does not satisfy you, return costs are your responsibility.

8. LIMITATION OF LIABILITY

The Annick Goutal House is only bound by an obligation of means. The Purchaser is the sole judge of how suitable and appropriate the articles he orders are to his needs and use.

The Annick Goutal House cannot be held liable for any use of the Products that is not in compliance with their intended purpose. 

The Annick Goutal House does not warrant that the Site shall be available on a permanent basis, without temporary interruption, without suspension or without error.  

Without limiting the scope of the other provisions of the General Terms and Conditions for Sale, The Annick Goutal House’s liability can only be held against it in case of proven fault solely attributable to it. In any event, it will be solely limited to direct damages. 

The Annick Goutal House reserves the right to suspend the operation of the Site.

9. PERSONAL DATA

The Annick Goutal House may collect personal data via its website from users requesting documents, subscribing to our newsletter or press releases, or creating an account or when ordering products on the website.

In accordance with applicable law, the user has the right to access, modify, rectify and delete data concerning him. To exercise this right, the user must send a letter to customer service at:

ANNICK GOUTAL
955 MADISON AVENUE
NEW YORK, NY 10021
646-864-0025

Or by email: us.eshop@annick-goutal.com

Please read our Privacy Policy, which governs the manner in which we will handle any personal information that you provide to us.

10. LEGALE GUARANTEE

APPLICABLE LAW – JURISDICTION

The Sites and Interactive Services are operated and published by AMOREPACIFIC COSMETICS (USA) inc. in the State of New York, U.S.A. As such, the laws of the State of New York will govern the Terms and Conditions and Privacy Policy without giving effect to any principles of conflicts of laws.  Any dispute relating in any way to your visit to the Site or to any products sold shall be adjudicated in any state or federal court located in New York County, New York, and you consent to exclusive jurisdiction and venue in any such court.

ENTIRETY OF THE CONTRACT

These General Terms and Conditions for Sale and the order summary sent to the Purchaser form an entire contract, and constitute the entire contractual relationship entered into between the Parties. 
In the event of a contradiction between these documents, the General Terms and Conditions for Sale shall prevail.

INTELLECTUAL PROPERTY

Under these conditions, no one is authorized to reproduce, use, disseminate or use the intellectual property rights in any capacity whatsoever, even partially, without the prior written consent of the Annick Goutal House. The Annick Goutal trademarks and logos are registered trademarks. Any reproduction is therefore an infringement.

The intellectual property rights attached to the Products sold on the Site are and shall remain the exclusive property of the Annick Goutal House and are subject to an exclusive license in favor of the Annick Goutal House exclusively holds all rights of use.

SEVERABILITY

If any of these Terms and Conditions are found to be illegal or unenforceable, the other terms will remain in full force.

WAIVER

A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy.  A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right power or remedy.  A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.